The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-10-02


affair as il fell into some months since when il gave
ulierance 10 it's "aarm what considered TO be the
6A,bstering tendency OF The Presidents Inaugural. Pub
fishing lbe kosza letter lis tsue OF yesterday, and
commenting al length upon il, the Ihagsneer I'm
haste we irus permits itself 10 msrepresen The doctrine
81 lhs, letter. as follows;
I've will only say to-day that the subject is treated with
he ability which distinguishes the Secretary as conuo
versia writer, and a calm but firm tone, and that ils
,hie defect lies In the which he goes in defending
hoszias right TO rHE IMMUNITY tF CITIZENSHIP, and 10 Tue
protection due only 10 citizen OF the United States TO
assert that the nchoae act Of declaration OF intention
20 become citizen, VITA rHK
SIGHTS AND rrvEass home OF abroad
IN opinion, not bjrne out by the law and is contra
iiced by the cons,ructcn given the law by the decs
IONS Of the Supreme Court OF the United States We think
further such doctrine IL variance It'll the feelings
convictions of the great body Of the Iican people,
ot whatever party and that they place high value
tue willingly coscede Il
slight and cheap, with the and rapidi,y with
which letters stamped in the post office, Thus much
feel bound say now though with great Difference TO
judicial experience and ability Of the learned Score
lary."
1t will be perceived that the InisligeneeY plainly insin.
yates that the Secretary Of State in his letter maintains
The docine "lha the inchoate act Of mere declara-
lion OF intention to become citizen at clothes
alien with the rights and privileges OF naturalization, at
home or abroad !" and also that. in the judgment OF the
Secretary, the inchoae act OF declaration
confers " the immunity" and /" the boon OF citizenship"
Now. this is by no the doctrine of the Secres
rvs letter. That letter does not maintain that koszta,
though he declared his Intention and remained here al
most two years. was naluraiissd CITIZEN, or clothed
with the rights and privileges Of naturalization or
recipen, OF the boon of citizenship" On the contrary
the doctrine Of the letter on this point is that Kosz,a
when seized an alien having demicl IN The United
States, and therefore, by the operation of established
principles OF international law and The settled usage of
nations, having the national character Of HE United States
and consequent claim TO protection Here is the Seceta-
rys language carefully discriminating KosStas from
The case-of a naiura'ized citizen: ii gF
Ir IS NOT c,NrEvDED INrIAroKY THE
PROCESS OF NATURALIZATION
the this case show that he clothed with
an Amcricsnnationaliy and in virtue thereof the gov
eminent OF the United States authorized extend to
him its protection, home and abroad. Mr.. Hulsemann
as the believes, falls into great
ror fatal OF his most important coneusonsby
Stunning nation properly extend its protection only
native-bon naiurazed citizens This not the doc
trne OF law is the practice Of nations cir
cnmscribed within such limits This law docs
ha. been before pcatc questions OF this
by respect for municipal codes In relation TO this sub
ect has and distinct rules of its gives the
onal chafscer OF the country not only TO native born and
natualized citizens but RESIDENTS who
there with. without, an intention TO become CHI
zens, DoMiciL THEREIN. Foreigners
may and often do, acquire domic in county, even
though they entered II with the avowed intention
to become allied citizens but TO their native
land at some and uncertain period; and whenever
they acquire a domicl, INTERNATIONAL
PRESSES THE NATIONAL CHARACTER THE
THAT DoMlclL. Its maxim of International law
that DoMciL NATIONAL CHARACTER il does
allow any who has domic 10 decline Il Q national
character thus conferred il forces IL upon him, often Very
agans, his will and 10 his great detrment. Intea
onal looks only 10 the national character in de,ermn
ing what country has the right project II person goes
from this country abroad with the nationality of the United
States this enoins pom other nations respect him.
regard protection, American citizen IL comedies
every county The right 10 protect and all who
be clothed with It's nationality"
Having thus placed Kosztas right to protection upon
quite other ground than the rights and OF
xstion" or "the boon OF citizenship" the Secretary thus
proceeds guard his doctrine OF nationality as de-
rivsd from domi against any possibility OF abuse OF un-
due extension. He says:
There may be reluctance in some quarters adop,
tho views herein presented relative tho
cil aud consequent nationality, let the practical assertion
of might sons instances give right of protection
who do deserve IL, Fears thai
this doctrine offers facility Tor acquiring national char
which will lead to alarming abuses that under the
shadow Of political agtator intent upon disturbing
repose of their other Countries might come to
the United States with view acquire cai,n to their
protection, and then return their former scenes &C
carry on under changed national character their
designs i,h greater security better success
This apprehension is believed to be wholly unounded
The first dsnc; act done by them towards tho
of these designs would disclose their ira pur.
pose in coming and seeking domcil in this country.
Such development DsrsovE FACT
THAT THY ACQUIRED DoMiciL NATION
Without that nationality they could be consid-
cred standing under the protecting OF the United
States and consequently could have light to cha and
expect, it would be exeted in their dcfoace
Their fraudulent intent would defeat thry could hone
gain by residence in this county, and by
protesting to make it their home The intention enter
tanned in good faith to make IL such home would be
wanting, and without such nten hcr dom nor
nationality be acquired. Thi. should dis,
pei all suspicious that this doctrine nationality and
protection will not be safely used and well guarded
from abuse by the United States has been in tins.
past may DO in the u,urs by any other pow
There is nothing in the doctrine herein
in the history OF this government awakcn the
apprehension that II is in any way inclined extend the
shield of its protection adventures sedtous prop
agandss, who may from this other countries
gage in enterprises designed n,ersrs with their political
institutions, disturb their internal quiet"
This is explictenough; but, as il for abundant eau
ion the Secretary goes on still more clearly to draw the
proper distinction between The citizen. whether native
or naiuraized, and the domVed inhabiisnf He says:
When the law of nations determines the nationality OF
any man, foreign bound respect Its de
csion. They would have complain il the pro-
tecting power should stand upon its rights In all
but that power. in dschsgna its duties OF protect