Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-10-05

as at home, his rights should not be co.extensive
with the rights OF natve-born or naturalized cit-
zensa Blythe law of nations they have the same
nationality; and what right has any foreign Pow
er, for the purpose of making ulsnnchon4 beIwesnl
them, to look behind the character gtyehithemgby
that code which regulates national lntercoursel-
When the law of nations determins the nationality
of any man, foreign Governments are bound to re-
spect is decision.
They would hive no cause tocomplan il the
protecting Power should stand upon its extreme
rights in all cases; but that Power IN dlSchuTging
its dutiesof protecting, may, or sHiicient reasvT;
have eregard for the civil @c iis
own laws make betvg cen the diefent classes OF
persons toswhem.i il has the stnder inler
alionallaw, ito extends protection twill natu-
rally watch with more care aud maj 9lctwith more.
vigor in behalf Of native born aud latuIalizel
citizens than in behalf OltttoSe who, though
clothed witlIitS nationality may liQpe so erilln
nently incorporated into its political community.
Giving effect 10 these well bliShed principles
and applying them TO the iaclsln The cnset The re-
suit is that KoSzta acquired while IN the pnlted
4 States their national character, that he retained
4 that character when he was seized at Smyrna, and
that he had right TO be respected os such while
4 there by Austria and every other foreign fower.-
The right of anation to protect ana require others
to respect, at home and abroad allwho are cloth
ed wilhits nationality, is no new doctrine now for
the first time brought into operation by the United
! State. II is common to allnationsy and has had
the sanction of5their practice for ages; but tits
new that at this late period, Wien the United
States assert claim to it as common inheritance,
il should at once be discovered that tits doctrine
fraught with danger, and likely to compromit the
peace Of the world. The UNITED Stntes see no
cause for alarm; no reason for renouncng Tor llemf
SelVeS what others have so long anu SO hatmlsSSly
enjoyed.
There may be reluctance in some quarters to
adopt the views herein presented relative to the
doctrine Of domic and consequent nationality lest
the practical assertion of 1t mghtln some instances
give right of protection TO those who do not de-
serve it. Fears are entertained that this doctrine
offers facility for acquiring national character
which will lead to alarming abuses; that under the
shadow of itpolitical agitators, intent upon dis
turbIng the repose OF their own or other countries,
might come to the United States with a view 10
acquire claim to their protection, and then to re-
turn 10 their former scenes OF action to carry on,
under changed national character, their Interior
designs with greater security and better success.
This apprehension is believed to be wholly un-
founded. The first distinct act done by them to.
wards the accomplishment OF these designs would
disclose their fraudulent purposes in coming to aud
seeking domicilin this country. Such a devel-
opment would elTectually dsproye the lact that
they acquired domIoii here, and with 1t our ia,
tionaty. Without that nationality they could not
he considered as standing under the protecting
arm of the United States, and consequently could
have right to clam and no reason to expect, 1t
would be exerted i'll their defence. Their lraudu-
lent intent would defeat all they could hope to
gain by residence in this country, and bysncere-
Iy protesting TO make it their home. The intention
entertnnedin good faith to make it such home
would be wanting, and without such an intention
neither domicil nor nationality can be acquired
This consideration should diSpel all suspicious that
this doctrine as to nationality and protection Will
not be as safely used and as we'll guarded from
abuse by the United States as it has been in times
past, or may be in the future, by any other sover-
eign Power. There is nothing in the doctrine
herein maintained or i'll the history this Govern
ment TO awaken the slightest apprehension that II
is i'll any way inclined TO extend the shield oil us
protection over Adventures or seditiOus propagan
dlstS who may go from this other countries to en-
gage in enterprises designed TO Interfere with telr
political institutions disturb their internal quiet
The liberal policy of the United States IN re-
yard 70 receiving immigrants from all nations and
extending TO them the advantages of their free in
situations makes it an act OF justice on their part
to maintain the right of national protection to the
full extent authorized by the law of nations, and
to resist with firmneSS any attempt to impose new
restriction upon 1t.
There is another view of this case which pla-
ces the conduct of the agents of this Government
ut Smyrna upon equally defenSible grounds. The
American Consul there and the American Lega-
ton at Constantinople acted with great caution IN
relation 10 KoSZtaS clnln to be regarded as emil
tied 10 the protection of this Govern ent, AS
his naturalization had not been perfected, they
hesitated at first 10 receive him under their pro
lection; but the facts show that they ultimately
Welded To his application He received from each
q tezkereh-in effect certifcate-that the per
son TO whom it is given is cared for, and received
under the protection OF the Government whose
agent has granted IL
BY the laws of Turkey and other Eastern ma
lions the consulates therein may receive under
their protection strangers and solourners whose
religion and social manners do no! assimilate with
the religion and manners of those countries. The
persons thus rsbeved become thereby invested
with the nationality of the protecting consulate.
These consulateS, and other European ESTABLISH
cNd n IN n
opening their doors for the reception of such in
mates, who are received irrespective of the coun-
try of their birth or allegiance. 1t is not uncom-
mon for them to have large number OF pr0toges.
International law recognises and sanctions the
rights acquiesced by this conneXicn.
In the law of nations as TO Europe, the rule Is,
that men take their national character from the
general character of the country IN which they
reside; and this rule applies equally to America.
But IN Asia and Africa an immiSci6le character IS
kept up, and Europeans trading under the proec-
ton of factory take their national character from
the establishment under which they live aud
trade. This rule applies to those parts of the
world from obvious reasons of policy, because for
elgners not admitted there, as i'll europe fand
the western part ofthe world,' into the general
body and mass of the society of the nation, but
they continue strangers and s1journers not ac-
quiring any national character under -the general
sovereignty of the country.'-Q. Kents CON-,
1899
The Lords of Appeals in the High Court of Adj
mlralty IN England decided IN 1854 that q meE-
chant carrying trade at Smyrna, under the
protection of Dutch Consul, was to be comsid-
cred Dutchman as 20 his national character
(Wheaton's Inter. Law, 3S4, 8 Rob. Adm. Re-
ports, 12.) This decision has been examined and
approved by the eminent jurists who have since
written treatises on International law.
According to the principle established in this
case, Koszta was invested with the nationality of
The United States, if he had Ut not before, the
moment he was under the protection of the Amer
lean Consul at Smyrna and the American Lega-
ton at Constantinople. That he W; so received
is established by the teSkereh they gave lin and
the efforts they made for his release. The Charge
d'Affaires ad interim of the United States at Con
stantinople, in letter of the 2sth of June, adj
dressed 10 the Imperial Imternuco, states: tIt was
on presenting this declaration of allegiance to the