Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1853-10-08

the time lie vas Selzeu.
If the question Of his nationality is to
be settled by international law, the ouly
code which furnishes the rules by which
this question is to be determined, there is
no good reason for adjulging hiin to have
been, when he was seized at Smyrna, an
Austrian subject. But settle this ques.
ton Us Austria would have il settled by "
appeal to her own civil code, The result
will be the same.
To place the Justification of the Amcri-
can agents still further beyond cOntrover-
sy, the undersigned will nov proceed to
show that Koszta, when he WAS seized and
imprisoned at Smyrna, had the national
character Of an american, and the gov.
ernaent OF the United States had the right
to extend its protection oycr him. The
renniucuoss Of the certificate which he
produced when he claimed the protection
rs an American citizen has been question.
cd, il consequence of m imperfect copy
given by Mr.. Brown, to the Austrian In
teruuncio, but that which he produced to
the American Consul ut Smyrna, to Cap
tain Ingraham, to the commander Of nc
American brig Huzzar, and to the Aus
trian Consul General, WAS genuine. 4
correct copy Of 1t has been sent to Ills
Department and verified by comparison
Within record of tia Court in New York
in which Kosz;a made his declaration in
due form Of the law. To remove all doubt
on this subject, u certified copy Of that
record is annexed to this communication.
1t is not contendcd that this initiatory step
in the process Of naturalization invested
him with all the civil rights of an Ameri-
can citizen, but it is sufficient for all the
purposes of this case to show that he was
clothed with an American nationality, and
in virtue thereof the government of the
United States WAS authorized to extend to
him its protection at home and abroad
Mr. Hulscmaun, IS the undersigned be-
lieves, falls into great error, an error IA
tai to SOME of his most important conc!n-
sons, by assuming that a nation can prop
erly extend its protection ONLY to native
born citizens. This is rot the doctrine Of
international law, nor is the practice Of
nations circumscribcd within such nar!Ow
limi!s.
This law does not, as has been before re-
marked. complicatc Questions Of this nj.
ture BY respect for municipal codes. n
relation to this subject, it has clear and din.
tiurt rules Of its OWL, gives the ma.
tonaI character Of the country, not only
to native born and naturalized citizens, but
to all residents in it, who are there with,
or even without, intention to become citi-
zens, provided they have domicil therein
Foreigners may, and often do, acquire o
domicil in country, even though they
have entered it with the avowed intention
no, to becomu naturalized citizens, but to
return to their native land at some remote
and uncertain period, and wherever they
acquired a donicil, international law at
once impresses upon them the national
character of the country Of that domici!.
1t is maxim OF international law, that
domicil confers national character. It
does not allow any one who has domieil
to decline the national character thus coll
fe.red, it forces it upon him, often very
much against his will, and to his great de-
triment. international law looks only to
the national character in determining Whist
country has the right to protect. If
person goes from this country abroad with
the nationality Of the United States, this
law enioins upon other nations to respect
him in regard to protection as an Ameri-
can citizen. 1t comedies to every country
the right to protect any and all who may
be clothed With its nationality. These arc
important principles in their bearings up.
on the question presented in Mr.. Hulse-
MAINS note. and are too obvious to DO
contsstal-hut as they are opposed to some
of the positions taken by Austria, the IN
dersigrsd deems j. respectful in such q
case, to sustain then. BY reference to au-
tho.ities.
The next question is: Was Kossta cloth.
ed with that character when he was kid
nspped in the streets Of Smyrna, aad in
nrisoncd on board the Austrian brig Of
war Huz.ar? The national character &C.
qu;red by residence, remains as long as
the don.ieil continues. and that continues