Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1853-10-05
From the N. O. Picayu0e.
what Constitutes ResidenC

In referring 10 the kOstA aHalr the other day,
we maintained the position, which we deem
incontrovertibe. and necessary to the charac-
ter and standing Of the United States, that 80
far as foreign governments are concerned, or,
in more precise legal phrase. quoad foreign
governments, no distinction can be made be.
tween q citizen Of the United States Of full
franchise and one Of partial franchise, or. in
other words that person who emigratcs to the
United States with the bona .fde intention Of
residing here permanently. and who formally
renounces his allegiance to all foreign govern
ments, and declares his intention Of becoming
a citizen Of this republic, must be- regarded as
standing in the same attitude towards foreign
governments aud powers - fully naturalixed
or native citizens. The only distinction be.
tween them is altogether a domestic one. aris.
ing out of the local Jurisprudence Of the coun
try. and which may be abrogated at any mo-
ment, at the pleasure of :hs sovereignty. and
consequently is not. In our opinion, cognizable
by foreign nations.
Distinctions relating to the domestic fran.
chises Of citizens are not legitimate subjects.
under the laws Of nations, for the consideration
and inquiry Of foreign governments, though
they may sometimes come collaterally in ques
tion before foreign tribunals Of justice. The
United States has the right to make such dis
tinctions as 1t pleases between its citizens Of
full and partial franchises; it might refuse the
rights and privileges of citizenship altogether
to foreigners but under the laws and constitu-
t,p tho,y ov;st - mt An This. IL
cannot. in good faith to those persons Of for.
eign birth who have taken up their permanent
abode among US, deny to them any protection
not strictly forbidden by this laws Of nations
Or our treaties with foreign powers.
1t has been objected to our position. as ap-
plicable TO the case Of Kosta. that difficulty
grows out Of the question whether foreip pner.
after making his declaration must not continue
to reside in the United States in order tD make
that declaration valid and entitle him to a cer-
tifcate Of naturalization.
Unquestionably his residence must continue
in the United States. But no principle of law
is more clearly settled than that the bodily
presence Of a person every moment in place
is not necessary to constitute that place his
residence. 1t is well.settled principle Of
international law that the main ingredient OF
residence is the quo amino Of the party. Hence
il is laid down by all the writers on public
law, that if person establish himself In q
country with the bona .fde intention Of resid
ing in it permanently. he is henceforth . resi-
dent of that country, and is impressed wi th il,
national character; and the regency Of his es
tablishment, though it may have been for
day only. is immaterial. This is The doctrin,
Of international law, which Of course Is alon'
applicable TO international questions. Loca
Jurisprudence, from a policy Of its own. gen
orally prescribes certain period Of residence
as necessary to constitute perfect domiciI
and to entitle the party to exercise all the ioca
franchises Of the place.
1t is laid down with equal distinctness By
publicists, that when the residence Of person
becomes thus fixed it is not divested by TEN
porary or periodical absence, or even by occa
siopal visits to his native country. 1t is only
lost when "the party puts himself in motion
bona .fde to quit the country sine amino ,ere'
tendp-that Is. when he leaves the country
without Inc intention VI EctuInihS W 1t'
We have made the above remarks A. appl
cable TO the Kosta question only in so far as
his residence in the United States is concerned
We are told that Kosta had taken up his per
manent abode in this country, had renounced
his allegiance to his native country had for
mally declared his iatention Of becoming citi
zen of the United States, and had taken tn,
oath to support its constitution and laws; tha
he was absent on business, and was en- rout
for this country when arrested by the minion
of foreign despo,ism. Under this state o
facts we are clearly Of tho opinion that. by tn
laws of nations, Kosta must be deemed = resi-
dent Of the United States.
This being granted. The question still re
mains: is he entitled to the same protection
from the government Of the United States as
full citizen? We have already given our opin
ion and briefly our reasons in the affirmative o
this question.