Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1853-10-08


Of invested NTH all the civil rights
case to show that he was Clothed With an American ma
tonely and IN virtue thereof the Of the 9ni
at home and abroad Hnselnann IS the deTsieIed
believes falls into great error fatal Is some
bis most important assuming that nation
properly extend its protection only
al law nor IS the practice of nations within
such limits This Law does as has been before
municipal codes In relation this subject has clear
and distinct rules Of its It gives the national caTac
citizens but to there with or ey
without intention to become citizens provided they
have domc therein Foreigners may and often do,
quire doc in country though they have entered
but to return to their native land at some remote and
uncertain period and whenever they acquire domc
character of the country Of that domici maxim
international law that domc confers national character
character conferred; upon him
ten much against his and to his great detriment
termning what country has the right to protect
goes from this country abroad with the nationality of the
United States this law eons other nations to respect
him. regard to protection, American citizen 1t
Gs b @ the T5s. amy and all
principles in their bearings upon the questions
but they opposed to of the positions taken by
Austria the undersigned deems it respectful in such
to sustain them by reference to authorities
foreign country, and engages in trade there he by the
subject all civil purposes whether that country be
hostile or neutral asu Kent Conn., ne a5
tons Europe the rule is that take their national
character from the character of the country in which
II Koszta ever had domic in the United State he
try long that domicl
retained There in which difficult to set
tie the question of but that of Kosza is not one of
them.
ing: A residence at particular place. accompanied with
Gp ne enor ir a a
" t q
settlement, for indefinite time the right of
Venus, Cranch 279 "Vatel has defined domic to be
fixed residence in any place with intention of always
would be correct that that place properly the
dome Of person in which his habitaOn is fixed without
Con. of Laws 49, "a person who removes to foreign
the country furnishes by evidence of an
tention permanently to reside there as to stamp him with
the national character of the State where he resides
Venus, Cranch 279)
Apply these principles to the under
United States He to and resided in this country
year and eleven months He came here with the intention
tested in several but most significantly by his solemn
his design of making the United States his future home than
such declaration and to this kind of evidence of the in
have always attached importance hillimore 1857 In
the of we have all that required to prove he
actual residence with the intention to make this country his
future home.
The establishment of his donic here invested him with
the national character of this country and with that hara
he acquired to claim protection from the United
States and they had the right to extend to him long
that character continued.
The question is Koszta clothed with that
when he kidnapped in the streets Smyrna and
board of the Austrian brigofwar Huszar
The national character acquired by residence remains
long the domiciled continues in the country of
tie be on me- can Of ea
in the following quotation from an eminent jurist
pensable to domicil acquired
retained solo, by the intention not change
home for temporary purposes but with an intention to re-
it, this change of place not in law change of
to foreign country for health or for pleasure or for bust
ness of temporary nature With an intention to return
Gill; amount to abandonment of the old for it not
domic but fact coupled with the intention re
naming there, ant nna"en1 lSorys Con- of Laws $50
ted States case came up adjudication presenting
question the domici of General Koskiusco the time
the judges the bench fully susains the of the
sS @ Ss
domc in the United States and second that he did not
0se it by his absence in Turkey ga HOwnrds Reports
the character according the law of nations
retained and is changed with it. Koszta was therefore,
vested with the nationality of American citizen Smyr
he in contemplation of law, had domicil in the Uni
ted States The authorities already referred to show that
must leave the country Of his residence with the intention
to abandon that residence and must acquire domicin
domicil but neither of them exists Kosztas The
only temporarily absent from this
ouutry private business with Intention of remaining
Turkey, but the contrary, the
of his seizure awaiting an to return to the
United States.
Whenever by operation of the law of nations
ivdua becomes clothed with national character behe
natveborn naturazed citizen exile driven from his
Early home by political oppression emigrant enced
it by the hopes of better fortune for himself and his
Dosterty he claim the protection of this government
md respond to that claim without being obliged to
explain its conduct to foreign power for it is its duty
make its nationality respected by other nations and
spectacle in every quarter of the globe
lave-born naturaZed citizens, rests the firm foun-
laon justice and the claim to be protected earned by
which the protecting at liberty
his protection nativeboFn naturazed citizens pay
theirs He under the bonds of allegiance to the
of his residence and if he breaks them ineurs the
penalties he the obedience to the civil laws and
in the way and to the extent theirs, liable
contribute the support of the government In he
shares equally with them in the cafamtes which may be-
all the country his services be required for it's de-
his life may be perilled and sacrificed in maintaining
rights and ylndicatng its honor In nearly all respects
and their condition to the duties and burdens
rnment undistnguishable; and what be
Why far at least regards protection person and
property abroad well at home his rights should not be
citizens the law Of nations they have the nation
ity and what right has foreign power for the
of making distinction between Them look behind the
character them by that code which regulates national
ntercourse2 When the law of nations determines the
ionaty of foreign governments bound to
pect its decision. -
They would have to complain if the protecting
should stand its extreme rights in all but
hat dischaging its duties of protecting
which laws make between the different classes of
whom