Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-10-20

that law; aud especially that which is
confirmed by Divine sanction. and enjoins
upon all men everywhere, when not act
ing under legal restraints. TO do unto
Others whatsoever they would have that
others should do unto them; they were
bound to do no wrong. and to the extent
of their means to prevent wrong from
being done; to protect the weak from be-
ing oppressed by the strong. and to re-
lieve the distressed. In the case sup
poaed, koszta was seized without any
rightful authority. He was suffering
grievous wrong-any one that could
might relieve him. To do so was duty
imposed under the peculiar circumstances
OF the case by the laws of humanity
Captain Ingraham. in doing what he did
for the release OF KoszIa. would. in this
view of the case. be fully Justified upon
this principle. Who. in such a case. can
fairly take offence? Who have a right
to complain? Not the wrongdoers. sure
": for they can appea! to no law to just
ify their con tuct They can derive no
support from civil authority. for there
was none called into action; nor from
the law OF nature, for that they have vi
olsted.
To the Jurisdiction Of the Amer
lean a, IS still further beyond contro-
versy, the undersigned will now proceed
10 show that Koszta. when he was seized
and imprisoned at Smyrna. had ths ma.
tional character of an American. and the
government Of the United States had the
right to extend its protection over him.
The genuiueness of the certificate
which he produced when he clsimed pro.
lection an American citizen. has been
questioned, In consequence OF the imper-
feet copy given by Mr.. Brown to the
Austrian internuncio: but that which he
produced TO the American consul at Smyr-
ma and to Captain Ingrsham. to the com
mander of The Austrian brig Hussar. and
to the Austrian Consul General. was gen.
uinc. A correct copy of il has been sent
to this Department.. aud verified by
comparison with the record of the court
of New York. in which Koszta made his
declaration in due form OF law. To
move all doubt on this subj:ct. a certi
fed copy of that record is annexed to this
communication
i, is not contended that this initiatory
step in tae process of naturalization in
vested him with all the civil rights of on
American citizen; but il is sufficient for
all the purposes Of this case TO show that
he was clothed with American national
iyy; and in virtue thereof, the govern
ment of the Uni,ed States was authorized
to extend to him its protection. ct home
and abroad. Mr.. Husemsnu. as the un
designed believes. falls int a great err
ror--an error fatal to some Of his most
importan: conclusions by assuming that
nation can properly extend its protec-
ton only to- native born or naturalzed
citizens. This is not the doctrine of in
terna,ional law. nor is the practice of ma
tious circumscfibod within such narrow
limits This law does not. as has been
remarked. complicate questions Of this
nature By respect for municip pal codes
In relation 10 this subject. it has clear
AMI distinct rules of its own. 1t gives
the national character Of tbs country not
only to native born and naturalized cit.
Gems. but 10 all residents in it who are
there with. or even without, an inlen-
ton to become citizens. provided they
have a domicil therein. Foreigners may.
and often do. acquire domicil in coun-
try. even though they have entered it
with the avowed intention not TO become
naturalized citizens, but TO return 10 their
native land az some remote AMI uncer-
tain period; and whenever they acquire a
domicii. international law at once i'm
presses upon thr m the national character
of the country of that domicil. 1t is a
maxim of international law that domicil
confers a national character, it does not
allow any one who has domicil to de-
cline the national character thus confer
red; it forces it upon him often very
much against bis will. and to his grea,
detriment. International law looks on
iy to the national character in determin-
ing what country has the right to protect.
If person goes from this country abroad,
with the nationality Of the United States,
this law enjoius upon other nations TO
respect him. in regard TO protection. as
an American citizen. Ii comedies to ev-
cry country the right to protect any and
all who may be clothed with its nation
ality. These are important principles
In their bearings upon the questions pre-.
sented in Mr.. Hulsemann's note and are
too obvious to be contested; but as they
are opposed to some of the positions ia.
ken by Austria. the Undersigned deems it
respectful in such case to sustain them
by reference to authorities.
THE position is clear one. that If u
person goes into foreign country. and
engages In trade there. he is by the la "
of nations. to be considered a merchant
of that country. and a subject for all civ
il purposes whether that country be hos
tile or neutral" | Kent CON-. ISL
IL. L. r :; -