The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-09
From The N. O. ricayune, Ass 20.
What Constitutes Residenco3

In referring 10 the kosia affair the other day. we
maintained The position, which We deem ineonroyeIube,
and nees ssay the character and standing o The United
States that far foreign governments are concerned
or ia more precise legal phrase qrai ioeisD govern
meats no distinction eau be made between citizen OF
he United States of full franchise and OF partial fran.
chise or in other words thai person who emgra,es
10 the Uned States with the bona ds intention OF resid
ing here permanently. aud who formally renounees his
allegiance all foreign governments, and declares his
intention OF becoming citizen oil this republic, must be
regarded standing IN The same altitude towards Tor
eign ernme and powers as fully naturalized
naive citizen The only distinction between them is al
together domestic arising out OF The local Juusptu
dence OF the county, and which may be abrogated al
any moment, The pleasure OF the sovereignty and
seQuenty is not in opinion, cosnizable by foreign
nations co A4
Distinctions relating to the domestic franchises of c-
not legitimate subjects, under the laws OF
TONS for the consideration aud inquiry OF foreign govern
ments, though they may sometimes come coatefatly IN
question before foreign tribunals OF justice The United
States has the right TO make such distinctions il
peases between citizens OF full and partial franchises
might refuse the rights and privileges OF citizenship al
together foreigners, but under the laws aud consu
ton as they exist IL cannot do this IL cannot,
good faith those persons OF foreign bh who have
taken up their permanent abode among deny TO them
any protection not strictly forbidden by The laws OF
lions or our treaties with foreign powers
II has been objected TO our position. applicable to
the OF kosa, that difficulty grows out OF the qies
ton whether foreigner after making his declaaion
continue reside in the United States in
to make that declaration valid and entitle him 10 GER
tihcate OF naturalization.
United States. But no principle OF law is more clearly
settled than that The bodily presence OF person every
moment in place rs not necessary TO constitute thai
place his residence II is well set,led principle Of inter-
national law that the main ingredient OF residence is the
qu, amino OF the party Hence is laid do by all the
writers public law thai II person establish himself
ia country with the bona fde intention OF residing in ii
permanently, he rs henceoh resident OF that country,
and is impressed with its national character and the
ceney OF hi. establishment though i may have bsen for
day only, is inmaer,a This is The doctrine OF inter-
ma ona law which Of is acne applicable 10 in
ona questions. Local jurisprudence. IRON poll
cy OF us generally prescbes crr,an perio OF resi-
drnce necessary constitute perfect don,c and
EMIT the party exercise all the local franchises OF the
place.
il is laid down with equal disiinciness by publcisis
that when the residence OF person becomes thus
fixed il dves,cd by Temporary or periodical ab
sence by occasional visits 10 his native country
Il only lost when the party puts himself in motion bona
when he leaves the country without the intention Of re-
tuIning 10 IL. t
We have made the above remarks applicable to the
Kos,a ieson only in so far as his residence IN The
United States is concerned We are Told that Kosla had
taken up his permanent abode in this county, had
nced his allegiance his native country, had formal
ly declared his intention OF becoming citizen OF the
United States, and had taken The oath support lis
constitution and laws; that he absent business.
mnons oil foreign despo,ism Under this of facts,
clearly OF the opinion that BY the laws OF nations,
kosa must be deemed resident OF the United States
This being granted. The question still remains: Ia he
entitled TO the same protection from the government OF
the United States as full citizen We have already
given opinion and briefly our reasons in HE afma-
live OF this question. gu