The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-10-14

communication with the above captioa, ana suo'
scrbed VermonteT, appeared in the National lnlei'
gencer OF the ih instant. in which tbs author s1dsr
takes to conlrover two important principles contained In
the State paper issued by Mr. Marcy rsspsSlinS the
Kosxs affair
The author asserts
ist That Kosx,a, il banisbed from Austria, a. con-
tended by the Secretary OF State, could not acquire
I'd Surprising the domIcil 10 have been acquired that
such domicl alone would not confer him the right 10
claim protection the United States the right to
The first proposition ID announced in the most positive
TERMS rs il the author familiar with the subject and
felt that confidence which profound thought and
be clearer than that il this be true that is If Kosza
were banished kosza could moi have acquired DOM
c in the United States !" and Story on the Conflict OF
Laws, AZ, is cited 10 maintain the assertion The
language Of Judge Story Is liable msconsrucion be.
cause oil its generality That residence, to produce
change OF donth must be voluntary, cannot be denied
that exile retains. under all circumstances his org
nal domic, and cannot during his banshmsn by an ex
eTcise OF his vOon. accompanied by residence, acQire
domicil, cannot be maintained II is, however
admitted that temporary Punishment, arrest. impris
onment or consraint OF any kind, accompanied by
residence merely and there being other or dec
larations eyinciDg an intention TO acquire new DOM
icil, will not produce change Of domicil The
fugitive from his country on account OF civil war,
is held not TO have lost his intention of returning
10 il and therefore retains his domicil in his native
land but If, during the continuance Of such civil
intended to return To his native land that he desired
abandon his domc there and should accompany these
declarations BY acs eyiDcing their sincerity, reason
can be seen why change OF domci could no. thus be
effected In regard exile. there are two conf citing
texts OF the Roman law from which source are derived
most Of the principles that eucdats the subject OF dom
legatus es. interim domum nsesssayium habe L % s
d. dd municpalem " the other" Donsiclium sutens ma
brs poest 81 rsgatu in 60 loco undo aresur ut Marceiu
seribis 81 8 IBID But Merlin reconciIes this appa.
nv tn thaf fact
were two kinds Of RELOCATION known ID the Roman law
viz temporary the other perpetual and he applies
the latter text 10 the temporary reegaiion la Phnoe
on the Law Of Domic PIP 5000. The writer aite au-
ding 10 the Roman doctrine says: at is equally clea
spite Of two sentences passed during the lime of the
French revolution 10 the contrary. that the person ban
shed for life. (dporf) whether for civil or political
offence. loses his original domc 1t cannot be doubted
that the sentence would be passed in England with
respect to persons transported for ife" Temporary ex.
e is true, will not OF itself operate change Of domi
Gill; because II ia involuntary; bat to Say that person
banshed for life who (t seems) thereby loses his orgi
nal domci, Or even temporary exile can, under no
acquire new domic is 10 deprive the
sxile OF voton, aud reduce him to the condition of
idiots and lunatcs. Temporary exile, per So does not
operate change OF domic because the presumption of
law is that the residence is nyouniary but if that IRE.
sumption is removed by the acts and declarations of the
person, showing unequivocay intention Of abandon
ing the domcil OF origin, and acquiring domic il
it is difficult TO comprehend why such intention should
moi prove eectua The fac, s there Is noted incident
history directly contradcng the broad doctrine assert
ed by "vermoner." The celebrated Duke de Guse.
after becoming member Of the famous League. and
signing the treaty OF Sedan, was exparated and entered
general 10 the service OF the King OF Spain and the
Emperor OF Austria. DuraE the tinis of his residence
at Brussels he contracted marriage the validity OF
which depended on bis domicil Chancellor D'Agues-
the most eminent uris of his age, his argument
against the validity OF the marriage, says Will it be
contended that Monsieur de Gaiss had no domicii, or
that he had it not at Brussels To say that NJ de Guse
had domicl is absurdum il would be TO make the
OF the armies OF the Emperor and The King of
Spain ,sgabond 10 say that his domlc not at
Is aburdsus all who the King Of Spain
Flanders cannot be considered domced elsewhere
than in the capital OF the Pays Bas" (Phlimore on
Domicil, up. " and rs In consequence Of these au
ibores, might well hesitate yield assent 10 the
doctrine which Vermonter" seems 10 consider too clear
Tor discussion. a@ a-eE Ell
The second proposition is presented with the
unhes!ating air as the hrst-viz: "supposng the
domlcil 10 be acquired by a foreigner, who ever
heard that that alone would give him right TO
protection by our government throughout the world"
Considering that the Secretary Of Stale. IN care.
fully prepared State paper had deliberately proclaimed
TO the world that The establishment OF domicil in
this country by foreigner invested him with the
lona character, and with that character be
qured the right 10 claim the protection OF the United
States. would suppose that Vermonier," initiating
the modesy OF the editors OF the lnellgencer, would
have venuIed to express his views in language ese liza
BILE to the Impulaon OF presumption. Though YER
monter' may not have heard among the green hills of
his State the doctrine announced by Mr. Marcy il does
not follow that the doctrine 10 untenabe There may be
J.
ing this question, il is important 10 bear in mind that i
is question Of International lsU, and not OF municipal
law that municipal laws cannot be appealed 10 by either
party 10 The controversy. and, in the language Of Mr.
Marcy, neither Austrian DEGREES nor Americas laws
be properly invoked for aid direction" lnterna.
tonal law alone is TO be our guide fhis is doc
tfne; the English government claimed the right oil IN
pressing English subjects board American ships
legal exercise Of the preogave OF the crown, founded
the English law Of the perpetual and nd'ssolube al
legance OF the subject Mr.. Webster. in his letter 10
Lord Ashburton, dated sh August. 1s42. says: Eng
sh SOIL English territory, Engsh jurisdiction, is the
appropriate sphere for the operation OF English law The
the sphere OF the law OF nations" "f this
the preIogaive the law OF the world" /" then
pressment might be defended as common right" AS
laws, the prerogaves OF the crown OF England have
obligation on persons or property domcied or situated
abroad" Now, by the law OF nations citizenship, as known
TO the municipal law, il not recognised Citizenship is
regulated differently in different States and the priv eges
attached to the character OF citizen diverse as
the governments which confer them Donici alone Ia
reg arded by International law the criterion by which
the right OF individuals under that law be
tanned and the exercise OF the privileges Of citizenship
az defined by the municipal law il necessary 10 the
acquisition OF domicil. Voting and paving taxes, Gays
President Rush, in the OF Guer ODaniel Bin
ny, p 3a9 are not in any necessary 10 constitute
domlcil; which, being question Of general law, can
not depend on the municipal regulations OF any State
nation Savgny, in his history OF the Roman law in
the middle ages (vo l, Oh. g., Catcbcaus translation,
p a9) says that 'ihe moderns always that the
law 10 which ths individual obedience il that OF
the country where be lives, and that the property and
contracts Of every resident regulated BY the law OF
his domc In this theory the disfin,on becee~ naffve
and foreigner 4 overlooked snd NATIONAL dsseent snirry
diutgord,dr The effect OF change OF domciI 90 Tar
az the law OF nations Is concerned, entire tansfer
OF all the rights, duties, and obligations OF the individual
from the country OF the old 10 the government OF the
new domicil. No be- found where the rights.