New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-30

character when he wns kidnapped 10 'ne ''oo'o
and imprisoned board the Austrian oris OF war naz
zar7 The nsto1a character acquired by residence re-
nas q, long AZ the domc continues and that continues
No, only No. long "a the domiced person continues in the
eountry of bis residence but until he acquires new doi
ell At the very last session Of the Supreme Cour of the
y,.d State case came up for adjudication presenting
oueston AZ 10 the donc of Gen KOscusko at the time Of
hi, dcsif-the decision. which ooncurred in By all
the Judges on the Bench fully sustans the correctness
Of the foregoing proposition in regard to domicl paieu
larry the two most important in Koszas case-frst, that
he acquired domci in the United States and second
that lie did not lose BY his absence in Turkey. As the
national character according the law Of nations depends
upon the dom ell Il reInans long the domicl Is re-
ained and l. changed with II Koszta was, therefore,
vested with the nationality Of an American citizen ct
Smyrna if be- in the contemplation Of law. had domcl
in tie Used States. The authorities already referred 10
show that TO lose domic1 when once obtained the dom-
cied person leave the country of his residence with
the intention abandon that residence and mut acquire
domicI in another Both Of these facts necessary
efesta change Of dOmc but neither Of them exits in
10, eta
The facts show that be only temporarily absent
from this country on private business with intention Of
remaining permanently in Turkey but on the contrary
was at the time OF his seizure awaiting an opportunity to
return to the United States They would have no cause to
complain if the protecting power should stand upon It's
dues Of protecting may for sufficient reasons have
regard for the civil distinction which its laws make
between the different classes Of persons to whom has the
right under international law 10 extend s protection II
II naturally watch with and may act with more
vgor in behalf Of native born and naturazed citizens
than in behalf Of those who though clothed with is ma
iiolay have not been permanently incorporated into
lie political community, giving effect to these well estab
shed principles and applying them to the fact in the case
The result is that Kosza acquired while in the United
States their national character that he retained that char
acter when he seized al Smyrna and that he had
right TO be respected such while there by Austria and
every other foreign power. The right of nation to pro
te and require others TO respect AT home and abroad all
who clhed with its nationality is doctrine now
for the first time brought into operation by the United
States 1t Is common all nations. and has had the
ton Of their practice for ages but it is that at this late
period when the United States claim TO
mon inheritance it should at be discovered that is
doctrine raught with danger and likely to compromise the
peace Of the world The United States cause for
alarm no reason for renouncng for themselves what others
have long and 80 harmessly enjoyed
There is another view Of this which places the
duct Of the Agents Of this Government at Smyrna upon
equally deftnsbe grounds The Americon Consul there,
and the American Legation at ConStantinope acted with
great caution in relation to Kosztas claim to be regarded as
entitled to the protection of this Government As his nau
receive him under their protection but the facts show that
they ultimately yielded TO his application lie received
from each tezkerah in effect certificate that the person
TO when given cared for and received under the pro
lection of the Government whose Agent has granted it.
BY the laws of Turkey and other Eastern nations the Con
suates therein may receive under their protection stran
gers and soouners whose religion and social manners do
mot sssmuate with the religion and Of those
countries Tie persons thus received, become thereby
fhe
These Consuates and other European establishments in the
in the constant habit of opening Their doors for
the reception Of such inmates who received prospect
i've of the comfy of their birth allegiance IL is not
common for them TO have large number of such poteges
International law recognizes and sanctions the rights &C
quired by this connection According to the principle IS
absbed in this case Kosza invested with the nation
atty of the United States If he had not before the
he under the protection Of the American Consul
at Smyrna and the American Legation at Constantnople
That he received is established by the Tezkerch
they gave him and the eores they made for his release
The Charge Afaires I'D ccriR Of the United States al
Consannople in letter of the Goth June addressed the
Imperial lnternunco, states II presenting
by declaration of allegiance to the Consulate of
the United States of America It Smyrna and to
this Legation that the sold Koszta fur
nished with Tezkerch to TO Constantinope
and to return TO Smyrna where he to start for Now
York Since his arrival in Turkey he has resided under
the protection of my Government and il is pleasure
TO be able state that his conduct has always been ire
proaC liable"
Having been received under the protection of these
American establishments he had thereby acquired accord
ing the law Of nations their nationality; and when
wronged and outraged he they might nterpose for
his liberation; and Capt lngrrham had right to coope
rate with them for the accomplishment OF that object The
exceptions to that cooperation remain to be considered
The first aggressive in this the seisure of Kosza
Smyrna committed by the procurement OF the Austrian
funt ionaries
The first improper Of National shipthe inprison.
of KOszia therein made by the Commander of the
Austrian brig Huzzar atshp converted into prison
for the Illegal detention of person coted with the Nation
atty Of the United States and consequently entitled their
protection If Austria uphods appears she does the
conduct Of the Commandeder of the uzzar she Is in fact
the sggreSor This act Of the Commander of the Huzzar
led 10 the series of other acts which constitute the ground
of complaint against the In ted States.
Tie alleged authority of Austria under treaties being
set aside, would have questioned Capt Ingrahams
right had be been present to the proceedings of the
kidnaIpe in the streets OF Smyrna and Koszia
the civil authority OF the placethey committing
atrocous outrage upon person invested with the national
iiy of the United States Ii he could have properly inter
red the st stage Of this awless transaction he might
do 80 20 in the last The was in all It's stages conn
uous wrong and the character of the acor though there
YVES a succession Of persons the They all
wrong do,rs and if they CHANGED TO have the possession
Of national ship and converted into prison for the
purpose of committing this wrong that ship thus descrat
I'd was not entitled TO the privilege of r sanctuary.