Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-10-01

signed deems it respectful in such case to sustain them
by reference to authorities
"The position is clear that If person goes into a
country and in trade there he is by the law
Of nations be considered merchant Of that country and
subject for all civil purposes whether that county be
tile neutral Kent Com, 70.
Again The authority says that
In the law of nations TO Europe the sus that men
take their national character from the general character Of
the country in which they resde1zkbld, rs.
II Koszta had domicil in the United States se
was IN virtue thereof invested with the nationality of th
country and in this character continued long that
uomc was retained There cases in which it is diff
cut 70 settle the question of domc but that Of Koszta
Is not one Of them The approved definitions Of
oomicii are the following:
residenceat particular place, accompanied with posi-
w pespmpuye proof of continuing there for unlimited
III. nney reports, 349 Ifit sufficiently appear
that tne intention Of removing TO make permanent set
ned 10 a nuennlte time the right Of domci is
Z9 Vattel has defined donio to he fixed residence in
any place. WIN an intention Of always staying there
that that place properly the donc Of person in which his
habation fixed without any present inpon of
to foreign country settles lg.ss "A psr.s who
cages in the trade Of the country furnishes Nv
evidence o. an Intention permanently 70 reside
resdes'-(The Venus, Cranch, 279)
Apply these principles to the under consideration
and the inevitable result is that Koszta had domicil in
the United States lie TO and resided in this coun
year and eleven months He here with the
intention of making it his future abode This intention
manifested in several ways but most significantly bv
his solemn declaration upon oath. There be no bet
ter evidence Of his design of making the United States his
future home than such declarations and this kind Of
evidence Of the Intention the indispensable element OF
true domic, civilians have always attached Importance
(Phillmore, 1857 In the case of Koszta we have all
that is required to prove he had domicil in the United
Stateshe concurrence Of actual residence with the
intention to make this country his future home.
Inc Of his domici here invested him with
the national character Of this country and with that cha
racter ne acquired the right claim protection from the
United States and they had the right extend it to him
as long as that character continued.
Inc next question is, Koszta clothed with that
when he Kidnapped the streets Smyrna
and imprisoned on board Of the Austrian brigof-war
Huszar? The national character acquired by residence
remains as long the domcil continues and that con-
nues not only long the domced person continues
IN the country of his residence, but until he acquires
new domci The law to the continuance and change
of domicl is clearly stated in the following quotation
from an eminent jurst
However in many actual residence is not ndspen-
sable to retain domici after is acqured is
retained amino SOLO by the intention change it,
or to adopt another If therefore, person leaves his homo
for temporary purposes, but with intention it,
this change Of place is not in law change Of domc Thus
person should go on voyage TO to foreign
try for health for pleasure for business temporary
nature with intention such ansitory residence
would not constitute domc, abandon
ment OF the old ones for it not the act Of nhabtancy
in place which makes the donic butt is The coupled
with the intention of remaining there amino manend."
(Story's Con- Of Laws, S4A.)
AT the very last session of the Supreme Court of the
United States acase came up fer adjudication presenting
question to the domic Of Gen. Kosciusco ut the time
Oh his death. The decision, which concurred in by
all the judges the bench fully susains the correctness
OF the foregoing propositions in regard domc par
tculary the two most important in Koszas rst
that he acquired domici in the United States and Sc
cond that he did not lose it by his absence in Turkey
ia Towards Reports S. c. U. S., 400.)
AS the national character according to the law of ma
ons depends upon the domic it remains as long the
aoc is retained, and is changed with it. Kosza was,
wifi thu ,nfo
cltlzen at Smyrna, If he, in contemplation of law had
domici IN the United States. The authorities already
referred to show that to lose domcil when obtain
ed the domciled person leave the country of his
residence with the intention to abandon that residence
and must acquire domcil in another. Both of these
facts are necessary to affect change of domic; but
neither OF them exists in Kosztas The facts show
that he was only temporarily absent from this country
on private business, with intention of remaining per-
manenty in Turkey but the contrary was the time
o. ms seizure awaiting an opportunity to return to the
whenever by the operation of the law of nations an
INDIVIDUAL becomes clothed with national character
ee ne naye-born naturalized Citizen exile driven
rom ms carry nome by political oppression, emil
grant entced from it by the hopes OF better fortune for
himself and his postery, he claim the protection of
ms Government and it may respond to that claim with
behg ooged to explain its conduct to any foreign
Power Tor it is its duty make its nationality respected
globe. s-' fN'''' = 'Ae
This right to protect persons having domcil though
not nayeborn or naturazed citizens rests on the firm
foundation OF justice and the claim be protected is
earned by considerations which the protecting power
not at liberty to disregard Such domiced citizen pavs
ne same price for his protection native or nat-
razed citizens pay for theirs is under the bonds of
to the country of his residence and If he breaks
,nem ncurs the same penalties he the same obe-
ence 70 the civil laws and must discharge the duties
tney impose on him his property is in the way and
70 Inc same extent theirs liable contribute to the
support Oh the Government In he shares equally
with them in the caamtes which may befar the coun
NY his services may be required for its defence his life
may De pered and sacrificed in maintaining its rights
ana indicating its honor In nearly all respects his and
ne condition as to the duties and burdens of Govern
ment are undstinguishable and what reasons can be
why SO FAR Mt least regards protection to person
ana property abroad well at home his rights sboud
not De coextensiye with the rights of native or ma
urahzed cuzens BY the law of nations they have the
ame nationality and what right has any foreign Power
Tor the purpose OF making distinction between them 10
look behind the character given them nv tbat d b;b
regulates naonal ntercoerse When the law of nations
determines the nationality of any man foreign Covern
ments are bound to respect tsdecision.
i1ey Wouid nave no cause TO complain If the protect
ng rover should stand upon its extreme rights in ali
cases; but that Power in dischnren. -. dnt;as 90 -
ecung may for sufficient reasons have Soma regard for
me cly distinctions which its own laws maize between
me inherent classes of persons to whom ha, the right
ner international law, to extend its protection II will
naturally watch with more care and may net with 49,
ugor in behalf of natveborn and natralized c;t;z,
man IN behalf OF those who, though clothed with its M
nohat have not been permanently ncorporated into
Us political community.
olying effect to these welestahshed principles and
applying them to the facts in the case the result is that
koszta acquired while in the United States their
character that he retained that character when he was
seized at Smyrna and that he had right be respected
= such while there by Austria and every other foreign
Dower The right OF nation to protect and require
hers to respect at home and abroad all who clothed
Win nationality, he