The miners' express. (Dubuque, Iowa) 1849-1854, 1853-10-12

cient reasons, have some regard for the
| distinctions which its own laws make betwe
| the different classes Of persons TO whom it
the right, under international law, tn extend
protection II will naturally watch with ma
care, and may act with more vi.or, in behalf
'ative-born and natnralized citizens, than
'ehalf Of those who, though cloth d with its
ionality, have not been 50 permanently incc
orated into its political community.
Giving effect to these well established pri
/ ciples, and applying them in the facts in d
case, the result is, that Koszta acquired viii
IN the U. . national character /; that
returned that character when he was seized
smyrna, and that he had RICH, to be rcsped
ted as such while there BY Austria, and ever
other foreign power The right Of a ma ION
protect and require oilers 10 respect, at hcn
all who are clothed with its nationality, is
new doctrine now for The first time brought ind
operation by the U s. 1t common 10
| nations, and has had the sanction of their prac
lice for ages but it is new that at this late ne
| Rod, when the U. S assert claim 10 it AZ
common Inheritance, il shonld at once be dis
covered that;it is doctrine fraught with dan
| ger, and likely to comproinit the peace Of III
world The U. 5 cause for the alarm
M reason for renouDcins for themselves VIVA
others have so long and so harnlessly enjoy-|
ed.
There may be a reluctance in some quarters
to adopt the views herein presented relative to|
the doctrine Of domicil aud conseq uent nation-|
atty, lest the practical assertion o. it might
In some instances give right of bro
lection To those who do not deservB it..
Fears are entertained that this doctrine offers
facility for acquiring a national character
which will lead TO alarming abuses; that under
the shadow of it political agitators, intent upon
disturbing the repose other own or other coun
tries, might come to the United States with n
view to acquire claim to their protection, and
then to return to their former scenes Of action
to carry on, under changed national charac.
ter, their Interior designs with greater security
and better success This apprehension is~be
lieved to be wholly unfoun6rd The first dis
tinct act done by them towards the accomplish
lncnt Of these designs would disclose their
fraudulent purpose in coming 10 and seeking a
domicl in this country. Such developement
would effrctualy dsprove the fact that they
acquired domicil here, and with it our nation.
atty. Without that nationality they could not
be considered as standing under the protecting
arm of the United States, and consequently
could have no right to claim, and no reason to
expect, it would be excited in their defence.
Their fraudulent intent would defeat all they
could hope to gain by residence in this coun.
try, and by insincerely protesting to make Il
their home. The intention entertained in GOOD
faith to make it such home would be waniinr
and without such an intention neither domicii
nor nationality can be acquired. This consid
Grafton should dispel all suspicious that this
doctrine as to nationality and protection would
not be as safely used and as well guarded from
abuse by the United States, it has been in
times. past, or may be in the -iQtnxei- by any
other sovereign pswer. There - nething in
ft,1l -.
of this government, to awaken the slightest
apprehension that it is in any way inclined 10
extend the shield of its protection over adven-
turers or seditious propagandis:s, who may 70
from this 10 other countries to engage in enter
prises designed to interfere with their political
institutions disturb their internal quiet. The
liberal policy of the United States in regard to
receiving immigrants from all nations, and ex-
tending to them the advantages Of their free in-
situations, makesit an act of justice on their
part to maintain the right Of national protection
TO The full extent authorized by the law of ma.
tons, and to resist with 6rmness any attempt to
impose new restrictions upon it,
There is another view Of this case which
places the conduct Of the agents Of this govern.
ment at Smyrna upon equally defensible
grounds. The American consul there. and the
American legation in Constan,inople, acted
with great caution to koszta's claim TO be re-.
garded IS entitled to the protection Of this goy.
eminent. As his naturalization had not been
perfected, they hesitated ut first to receive him
under their protection but the facts show that
they ultimately yielded to his application. He
received from each Tezkcyeh-in effect Z Ger.
iihcate-that the person to whom il is gwen is
cared for, and received under the protection
OF the government whose agen. has granted
it.
By the laws Of Turkey and other eastern ma.
tons, the consulaes therein may receive under
their protection strangers and journers whose
religion and s,eial mtnners of those countries
The person thus received become thereby in.
vested with the nationality of the protecting
consulate. These consulates, and other Euro
Pcan establishments in the East, are in the con-
slant habi, Of opening their doors for the recep.
ton OF such inmates, who are received iTres.
pective Of their birth OF allegiance. 1t is not
uncommon for them to have a large number of
such pr0teges. international law recognises
and sanctions the rights acquiesced by this con :
nexion.
In the law OF nations as 10 Europe, the rule
IS, that men take their national character from
the general character cf the country in which
they reside /; and this rule applies equally to
America. But in Asia and Africa an. inlmis-
chile character is kept up, and Europeans ira
ding under the protection OF a factory take their
national character from the establishment nm
der which they live and trade This rule app
plies TO those parts of the world from obvious
reasons Of policy, because -feretgners are not
adnisted there, as in Europe and the .western
part of the world into the general body and
mass OF the society of the nation, but they con-.
tinue strangers, not acquiring any nafsnaL
character under the general sovereignty Of the
country" Ct. Kents Com 1877
The Lords of meal in the II ,1rh Courx rr
Admiralty in England decided in l7c4, that
merchant carrying trade at Smyrna, under
the protection of a Dutch consul, was TO be con.
stdered Dutchman as to his national cllarac-
ter. (Wheaton's Inter. Law, 3S4., Rob. Adm
Reports, IL
This decision has been examined and appro-
we'd by the eminent jurisis who have since
written treatises on international law
According to the principle established in this
case, kosZta was invested with the nationality
OF the U. S. if he had it not before, the mo.
ment he was under the protection OF the Amer
lean Consul at Smyrna and the American lega-
ton at Constantinople. That he was SO re-
ceived is established BY the Texkcrek they gre
him, and the efforts they made for his release.
The Charged Affaires ad interim of the U. 8.
at Constantinople, in letter Of the 29th Of
June, addressed 10 the imperial internuncio,
states: II was on presenting this declaration
of allegiance to the consulate Of the u g. of
America at Smyrna, and to this legation, that
the said Koszta was furnished with Tezkerek
to come to Constantinople and to return TO
SmyrDa, whence he was 10 start for New York
Since bis arrival in Turkey he has resided nm
der the protection Of my government, and it is
pleasure to me to be able TO state that his con-
duct hasniways been irreproachable.''
Having been received under the prote ction
of these American establishments, he had
thereby acquired, according to the law Of ma
tons, Internationally, and when wronged aud
outraged as he was, they might in,erpose for
Liberation, and Capt. lngraham had right to
cooperate with them for the accomplishment
Of that object. The exceptions taken to The
manner Of that CO operation remain to Re coH-
sidered
In relation TO the department of the Amefi-
can agents towards Mr.. Weckbecker, the Aus
trian Consul General, the undersigned cannot
conceive that there can be any ground Of COM
plant. Nothing done to or mith him by Mr.
Otiey, our Consul at Smyrna, can possibly
imply disrespect 10 the Emperor Of Austria
Neither in his private character, nor as func-
tionary Of the Austrian Government, did Mr..
Weckbecker take an open or an avowed part
in the opening scene Of the outrage. His
agency in that affair at its commencement was