Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-10-20

"If it sufficiently appear that the inten-
tion of removing was to make a perma-
nent settlement. or for an indefinite time.
the right of domicil is acquired by res
idence of a few days" (The Venus, s
Cranch. 279.) "Vattel has defined dom
icil to be fixed residence in any place.
with an intention of always staying
there. But this is not an accurate state
ment 1t would be more correct to say
that that place Is properly the domicil of
a person in which his habitation is fixed,
without any present intention of remov-
ing therefrom." (Story's Con. of Laws.
SEE. 43.) "A person who removes 10 a
foreign country. settles himself there.
and engages in the trade Of the country.
furnishes by these acts such evidence OF
an intention permanently to reside there
as to stamp him with the national char
acter of the State where he resides" (The
Venus. 8 Cranoh. 279)
Apply these principles to the same UNI
der consideration, and the inevitable re-
suit is, that koszta had a domicil in thu
United States. He came and resided in
this country one year and eleven months.
He came here with the intention of ma
king it his future abode. This intention
was manifested in several WAYS. but most
signi ficantIy by his solemn declaration up
on oath. There can be no better evidence
of his design Of making the United States
his future home. than such declaration;
and to this kind of evidence of the inten-
ton, the indispensable element OF true
domicil. civilians have always attached
importance: (Phillimore, sec. 1875. In
the case Of Koszta. we have all that is re-
CURED to prove that he had d domicil in
the United States--the concurrence of an
actual residence. with the intention TO
make this country his future home.
The establishment of his domicil here
invested him with the national character
Of this country. and with that character
he acquired the right to claim protection
from the United States. and they had the
right TO extend it TO him as long as shat
character continued.
The next question is. was Koszta
clothed with that character when he was
kidnapped in the streets of Smyrns. aud
imprisoned on board of the Austrian
orig of war Huesdr2 The national char
acter acquired by residences remains as
long as the Gomicil continues. and that
continues not only as long as the dolni-
ciled person continues in the country Of
his residence. but until he acqair-S a new
dumicil The law as 10 the continuance
and change of domicii. is clearly stated
in the following quotation from all emf
nent jurist:
However. in many cases. actual res
leuce is not indispens bile to retain a
domicil after il is once acquired; but il
is retained, amino solo. by the mere in
tentions not to change i; or TO adopt an
other. IT, therefore, per IN leaves his
home for temporary purpos but with
an intention to return TO 1t, thit change
of place is not in law change OF domi
Gil. Thus. if person should go on =
voyage to sea. or TO h foreign country for
health or for pleasure. or tor business Of
a temporary nature. with an intention to
return. such \ transi,ory residence would
not constitute a new domicil, or amount
to an abandonment Of the old one; for il
is not the mere act of inha biiance In
place which makes it the dom;cil but il
is The fact coupled with the intention Of
remaining there. animd marcndi." (Sto-
rvs Con. of Laws. 5 A.
AT the very last session of the Supre
Court of the United States. case cam-
up for adjudication. presentinga question
as to the domicil of General Kosciusko
at the time of his death. The question.
which was concurred In by all the judges
Of the bench. fully sustains the correct
ness of the foregoing propositions In re-
gard TO domicil. particularly the two
most important in Koszta's case; first.
that he acquired domicit in the United
States; and second, that he did not lose
it By his absence in Turkey. ia How
ards Reports 5. G. u S. 1907
As the national character. according
to the 10 of nations, depends upon the
domicil, i, remains as long as the domIcIl
is retained. and is changed with it. kosz-
Ia was. therefore vested with the nation.
atty of an American citizen at Smyrna.
il he, in contemplation of law, had
domlcil in the United States. The au-
thorities already retired 20. show that
TO lose domicil when once obtained,
the domiciled person must leave the
country Of his residence with the inten-
ton TO abandon that residence, an must
acquire a domicil in another. Both Of
these facts are necessary to effect a
change of domicil. but neither of them
that he was only temporarily absent from
this country. on private business. with
no intention Of remaining permanently
IN Turkey. but on the contrary, was. at
the time of his seizure. awaiting an op-
portunity to return to the United States
Whenever. by the operation Of the law
Of nations. an Individual becomes clothed
With finpal oh h. h.