New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-01


ms. OF the foregoing proposition 10 rsgari to dOrca -
.cuarly tie two most important in Kcsstss ease, ~
that he sarired a domic 10 the United States. -
second thsi he did not lose 4 BE- his sbssnss :, -
key fla Heward's Reports. S. U. s, sool As 49,
tonal charscter, according to the Law Of na<oa,
pends upon the domic1 remains ~ long tia -
Is retained and Is changed with if. kosrta wa -.
fore vested with the nationality of an American c, -,
Sn,rue he in contemplation Of law had dcn c;l h. ~
United States. The authorities already referred 10 -
that O. lose domicl when once obtained the daa;~Rl
pcn must leave the country OF his residence With The
hinton abandon that residence and must scqsire r.
cil in smother Both Of these facts necessary 10 -
change Of domic, but neither Of them exist IA Ksz.
this country private Business with int noa a .
naming permanently in Turkey, bat the cosrafy -.
at the time of his seizure awaiting opportunity 4.
turn 70 the United Stsfes Whenever BY the orsrso. =
the law Of nations an individual becomes clothed wa -
national character be he nasvebor q nsursl;sss
citizen exile. div from his early homo 81 plt.,
expressions emgrani enliced from i by the A,os,
better fortune for himself and his postery he eau 80.
the protection OF this Government aud rcsp,car
tbs csim without being obliged 10 explain is oosiasts
any foreign power for Is it, duty 10 make s naoaa,
respected by other nations, and respectable In every Qax
ter Of the globe.
This right to protect persons having domcl tAs,,.
not native born natursiEed citizens rests tAe -
foundation OF Justice and the claim TO be protected es
by considerations which the protecting power Is nd
liberty to disregard Such domciled citizen pas the a.
price tor his protection as native born nsfurazed e
theirs. lie Is under the bonds alar<<..
10 the country Of his residence and II he breaks sr
incurs the same penalties. He the obehcrsss
the civil laws and must discharge the duties they ips
him His property in the same way and 30 s ssns
extent liable TO contribute the support of the t,ye,
ment. In he shares equally with them in the cslaul
ties which may befa the country, and his services ms,
be required for IFS defense bis life may be perled AL
sacrificed in maintaining It's rights and viniicsiias
honor In nearly all respects his and their coaaoa \
10 the duties and burdens of Government aai.s,
gushsble, and what reasons can be given why, % t9s
least as regards protection to person aud property aoc
well st home. his rights should not be CO xtenss
with the rights OF native born or atugazed etzens
By the law OF nations they have the sans -
touay aud what right has any foreign power forthe pr
rose Of making distinction between heu 20 look beha
The character given them by that code which regulates
tonsl Intercourse When the law of nations de,ernlss
the nationality of any man, foreign Governments n
bound to respect its decision They would have no caas
70 complain. II the protecting power should stand upon
exr, me rights in al but that power in dehsngu
its duties of protecting may tor sufficient hsvs
some regard for the cv distinctions which It's la<
max, between the different classes Of persons 10 whom
has the right under international law 10 extend is pvts
ton Ii will naturally watch with more care and may 81
with Nicor in behalf OF native born aud nasralfd
citizens than in behalf of those Who though clothed wild
IT, nationality have not been permanently incorporate
into s politi, Il community Giving effect TO these web
established principles, and applying them 10 tho fcts
the case the result j., thar kOszta acquired while
the United States their national character that 10
retained that character when be seized at smyrna
and that he had a right 10 be respected -
such while there by Austria aud every other foreign pos
err The right of nation a. protect aud require olhesD
rcsr ect al home and abroad all who clothed with
nationality is doctrine now for the first the
brought into operation by the United States. 1t
mon 10 all nations and has had the sanction OF their m
ice for gcs bu il is tat at this late period whenhs
United States assert claim 10 Il as acomnoR nheraas
should at be discovered thai Isl doctrine raax
with dai CCr aud likely to comprOmt the peace Of IL
world The United States sec cause for aarn-no ret
sons for renoUncug themselves what others have - long
and SO harmlessly enjoyed.
There may be reluctance in some quarters 10 ADOPT ~
views herein presented relative 81 the doctrine Of domd
and quemt nationality est the practical asseuond
ii mg hi. in instances. give right Of protectoab
tlo, vi do not deserve H. Fears are entertained thai
this doctrine offers facility Tor acquiring national chr
acter which will lead alarming abuses that undr the
shadow OF H. political agators, intent upon disturbing ns
repose of their and other countries might come to the
United St6toe with view 10 acquire claim 10 ther pro-
lection and then TO return 10 their former Of action
toeary on under changed national character their ute
ror designs with greater security and better success Thu
appreL nsion il believed Ia be wholly unfOunded
The Fl st distinct act done by them toward the ececn
plnkmen of these designs would disclose their raudalsn
pupos, IN coming TO, and seeking dom'c n this eoan
Try Such development would etieciualiy dsprove ne
fact Lat they acquired domcil here and with i
onalty wiihout that nationality they could not be coo
de Ell standing under the protecting arm Of the Uansi
States and nty could have right 10 claim ssi
TO reason 10 expect would be exerted Ia their dgfers
Their fraudulent intent would defeat all they could bops
10 gain by residence in this country and by insincerJ
professing 10 make Il their home The intention easr
II
wanting aud without such intention neither domcil DOR
nationality can be acquired This consideration shoah
dif all suspicion that this doctrine as 10 nationality aat
protection Il not be safely used and well gasrld
nom abuse by The United States as It has been Ia uma
past, may be- IN the future by any other Sovereign
Jov 1hore is nothing in the doctrine herein mainaned
or IN the history Of this the slightest
opp, zion that is in any way inclined ~ extend ne
sld If liz protection adv enturers seditoas prop
sgsndists WHO may go f0m this 10 other countries % CO.
gage in enterprises designed to interfere with their political
-. Al al. tatf.r nal 0fataf
The liberal policy Of the United States In regard % re-
ceiying Hom all nations and extending othem
the acyatseea Of their Tree institutions, makes an act
justice their pat TO maintain the right Of nsponn
pct, tion the full extent authorized by the law Of ma
nom and to rest with Grmness any attempt 70 impo
new restrictions upon H.
There is anoher view OF this case. which places the
conduct OF the agents Of this at smyrna apon
e4usly df, nsible grounds The American Consul thee
aId Tie American Legation nc Constantnople eeea wn
great caution IN reaion 10 koszta claim to be regaded
a. enil. TO the protection of this Government Az bis
RlizaiOn bad not been perfected they hestated
flint Give him under their protection, but tho fan
show that they ultimately yielded 10 his Application. Hs
received nom each eEkerch In eifec, certificate that
tie plson whom 1t ID gwen cared for, and received
uIds tic protection Of the Government whose agent has
graz ted a.
Ey the laws Of Turkey, and other Eastern nations The
CoBsUleIes therein may receive under their protection
and soouTners whose religion and social manners
de- not assmate with the religion and manners " thess
oOuLie. lie persons thus received become thereby In
vested With lie nationality Of the protecting COnsaIts
1L.se hsulaes and other European establishments in
tie Eos tie con-tan habit Of opening their doors r
tie Ie ion e sucb iuma who received inespe,.
tive Il lie country 81 their birth or allegiance IL pN
uncommon or them 10 have large number Of soch pro
hgs 81 such "proieg,s International law recognizes
and e'ions The nights acquired by this connection
H. tie law IL nations u Europe, the rule il na men
the ih, national character from the character Of the
couLy which they reside, and this rule applies equally
t. America. But In Asia aud Africa an immiscibe chS
aci II lpi Up, Europeans trading under the protect
81 IL. ala
csablD nj Vi der wbh they live and trade Tns rae
all t. tLoss psI- OF the would from obvious reasons