Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-10-08
SATURDAY MORNING. OCTOBER 8. 1858.
Mr.. Maroy,s Reply to Mr.. ,Hulsemann.

Mr.. Marcys Reply to Mr.. Hulsemann'
We had purposed commenting at some length
,,non the voluminous correspondence of our Sec
1etary of State whit the Austrian Minister on the
Koszta difficulty, arising out OF the conduct Oh our
Consul at SMYRNA, and Capt. lngraham Of the
American sloop-ofwar st. Louis, but having been
comnelled to defer so doing thus long, and so ma
nv Others having preceded US on the subject we
shaIl confne Ourselves rather TO conclusions thnn
to stating the reasons of those conclusions. The
letter of Mr. Marcy is an able one, as are his dis
patches generally, and the conclusion to which
he arrives is doubtless correct, and one in which
he will command the support of the great body OF
the American people of all political parties. NO
man can be found Who is mot prepared to oppose
the tyraupical act of Austria, and even if no bet
Ter reason could be found TO justify the conduct of
the American officials at Smyrna on the broad
principles of humanity. Austria had no right to
commit the act which she did upon foreign soil,
and as the sufferer claimed protection from the
.stars and stripes against anillegal and tyranni-
cal act, Capt. Ingraham was justified in afford
ing it. But it is always unfortunate to give i'm
proper reasons for proper act. Lord Bacon or
Sir Isaac Newton, 1--WE forget which, has laid down
the rule that we should "never introduce more
mutatis mutandis, such principle may with pro-
priety be applied to cases such as the pres
ent Mr.. Marcy had sufficient reasons Tor justify
ing Capt. Ingraham's conduct without resorting
to his snationality' argument, which is by no
means fortunate, and is not characterized by his
usual clearness and force. Principles which are
to govern the intercourse of nations, which are to
stand as the rules upon the intraction OF which,
nations are to be the offended parties, should be
carefully weighed and cautiously considered err
they are laid down by SO high functionary as
our Secretary of State, as the consequence re-
suIting therefrom will not cease with the occasion
which gives them birth. Hence the utmost eau
tionis requisite, and we are constrained to think
that Mr. Marcy has exceeded the bounds of the
law known among nations, in the position which
he has assumed.
Mr.. Marcy says that KoSzta, at Smyrna, had the
national character Of an American, and the gov
eminent of the United States had the right to ex-
tend its protection to him. This position he
deems Gtoo plain to be contested, but for the sake
of being respectful ''sustains it by authorities
He cites Kent, Bnney's Reports, Story's Conflict
of Laws, and some of the United States Supreme
Court Reports in support of this position, and yeti
in no single instance, do those writers assert even
by implication that the national character remains
after the mere resident has left the place of his
domicil. In thic consists Mr.. Marcy's radical er-
ror namely, that he has taken the law of the DOM
icil as applied IN the country of the domicil, and
has attempted to carry it beyond the country of the
domicil None of the authorities which he quotes
support him in this position and the fallacy OF the
PROPOSITION is manifest from the very terms OF the
law As laid down by the authorities, 'Domlcil IS
the place where person is and has residence
without any present intention of changing it,
Mr.. Story corrects Vattel, who says, in defining
domicl that the party must have "the intention of
altoays remaining there" and says that he "must
have no present intention of leaving it." In this
he is doubtless correct, else very few foreign mer-
chants resident amongst us could acquire domlcll'
as they would at some time expect to return to the
land of their allegiance. The law cited from Sto-
RVS Conflict of Laws Sec. A, is not applicable 10
the person, but intended to apply 10 the property
of a party alone, remaining in the country Of the
alleged GOmiciI, and we apprehend that there is
very striking difference between the law OF distrl-
button and the law of national personal protec-
ton. We understand the true position to be this:
that when person comes to this country, and
makes it the place of his domci, he is entitled TO
our protection, and acquires that nationality OF
which the Secretary speaks, so long as he contin-
ues in our country. II he leaves our territory and
jurisdiction he loses that nationality at once, and
ceases to be entitled 10 our national protection on
that ground, unless he has previously clothed him
self with the permanent nationality of citizen
ship, which is not pretended in the case OF koSzta.
Mr.. Marcy has satisfactorily shown that Eastern
nations have local national law which refers 10
the nationality Of stranger there to the flag under
color of which he enrolls himself. Under this
Asiatic law o. nations KoSzta entitled to our
protection, and he obtained it. Take the commu-
nication of Mr.. Marcy as a whole, it is able and
covers the whole ground, and indeed more than
the whole ground, as he has introduced PROPOSE
ton in which he is unsustained by the law of ma
tions, which is dangerous as aprecedent,an which
would keep US constantly involved with European
nations, were it to be sanctioned as rule in the
foreign relations of our Government. Amy Eng
Iishman who would come here and acquire resi-
dence, would be entitled to our protection on his
return to England, and certainly were he to go to
France, were he only to say that he "intended to
return 10 America" Such principle would be
suLversve of our peace and our friendly relations
with other powers, and would not be tolerated by
this Government in any case like Koszta's, when
the only plea urged against our right to capture
would be that of nationality, as set up by Mr..
Marcy in the present case. Were we disposed to
be more than critical we might accuse Mr.. Marcy
of BuneOmbei=ing in this nationality idea.
CALL DEcLixED.-Rev, DR.. A. H. H. Boyd,
pastor OF the New School Presbyterian Church in
Winchester, Va. has had under consideration for