The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30


pssbss BY 'b.sr such ssd, sos sf ios-osoo
DsssEtfy TO resds 'bs,. &c stamp IN 81 .as "a
ssf cts,sc - of tbs Safe ~hrre hs resides" (rs
VtBus 6Csooh, z7s)
Apply these principles tn tbe case uader con i1era
ton aud she Inevitable result Is. that koEts had
domish IN tbe Ublted States. He came 70. and
-idf6 h this country one year aud eleven mouths.
He came here with the intention ~ making Il his u-
ture abode. fks iusepion was umaifes,ed Ia several
ways, bus moss sigU,A ansly By his yhemn dec Ara.
t,tn upon oath TReU oaD be 40 better evideue f
bis design of making she United States his future
home, than such DE- stsrAu0b; and to this Kind Of
evidence of Me iDtcntion the indls ee aent
OF true domoil. civilians have always attached im
noItsnce (Phlimor, see. 1881 la the case OF
Koszts, we hsvc oil that is required tn prove he had
u d0micil 10 the UhiAi Ststes-the concurr-Dce Of
actual rsiGence. with the Intention ID make this
coNhtry b,s futuye home.
The esab'i. hutnt Of Ids domicI here invested him
wisH the nation character VI th country aud vita
that ohsrscer lie acquired tue right to cata prOtec
ti"o from ,be United Sta,es sId they ha0 the right
to esaend 1t to HIN a. long ~ that character con-
tibued.
TIE next question s, was K0ssta clothed With that
character when be was kidnapped in the stseets of
Smyrna ana imprisoned Oh hoard Of the Austrian
brig Of war Hussara The national Oharaoter
qnred BY resideuce remains - long rs tue DO
Inicil continues and that continues not only
long a. the domiced person continues in the coun.
try OF bis residence. bit until he acquires
o0micil The la9 as 10 the continuance aud chan 70
OF d,micil is clearly stated In tie following quota
Hu ssver In maoy actual residence not indis
peDtsb. 10 ,etap ca ster soQ usei, su
ttis r~tsinS ammo sole bs tbe sntsasOn 70
otsI ge II, "a aoupr another L. thsrs0re p-rson
Desses hi hone for temporary pu pness but With
teDfsD 10 return teis 0bsbg Of place 10
3 chsDse 30 dou,cii T,us II psrsoo sueuld 20
voysgeto sea or to foreign conury Cor hs.ir1 for
p+s~ure or for bus,uess Of rstur@ sith
in'er tion to retaro. such sustory re.dsncs .oad
not stitu,6 d9a,lcl, sG0unt 60 kosadOa
OF tue old IN It Is ths act Of ,ohs
olrsnc, III p.soe which makes tns domiai It is
TIRE set c6.psu With ba Is eLti0a OF rms,ning hare
dninao snosendt" tssorY'e Con Of La q GAY
At the very last session Of the Supreme Court OF
the United States, case came up TOR a6judi ati0a,
presenting question to the donlicil of General
k"sciu'co at the time of his death. The decision
which WAS C0ncurTed in by oil the judges of the
bench fully sHstsins tie correctness of the foregoing
propositions in regard to domic, particularly .ue
two most important in kosz's case first that be
| acquired council Ia the United States and
eecopd, that he old not lose It ny his absence in
Turkey. (A.Hos ards Reports s. q. U. =, 41O.)
| Ar the national character, according to the law
OF nstons depends upon the domicil. II remains ~
long the dOmicil is aiGed and il changed with
| it. Ko eta was therefore. vested with the ma.
tiODslity of an American citzen at Smyrna If he
in contemplation of law, had domicii in the
Unit States. TIE authorities already referred TO,
show that to lose domtc'l when once Obtaiaed,
the doniciled person must leave the country of his
residence with the intention to abaadon that resi-.
cence, and must acquire domcil N another. Both
OF there fa,ts are necessary to effect change Of do.
The facts show that he was % y temporarily absent
from this country, private business, with no in
tenton ofremaiDing re manenty, in Turkey. but on
the contrary, was, at the tine OF his seizure await
lne an opportunity to return To the United States.
Whenever, by the operation of the law Of nations,
an Individual be ZONES clothed with natoual cha.
racter. be he native born natural,Zed chEen an
exile driven from bis early hoDe by polu al Opprcs.
sion, or cmil rant cbtieed fom by the hopes OF
better fortune Tor himself and his strrity, he can
Claim tic protectlos o. this government, and it may
| rtspono to that claim with ut being Obliged to ex.
PLAIN its conduct t. any ioregn 20 YER for 1t is its
duty 70 make its nationality respected by other
| nations, and respectable ia every quarter Of the
| globe.
This right to protect pers.ns having domcil
though not Datveborn or nstural'z.d citizens, rest
Oh the firm fol nOatOn u justce aud the calm 10 bs
protected Is earned by considerations which the pro
tctinR power is not at litery TO disregard. Su h
dtmiciltd citizen pays the price for his oroec
tion as native born or nsturazed citizens pay fol
theirs. He Is under the bonds of nj egance t0 the
county of bis residence, and il he breaks them in
ours the penalties; he owes the same obed cnce
to The civil laws aud must discharge the duties tbey
impose on him his property Is in the same
| way, aid to the same extent as theirs, IL
able TO contribute to the support Of the gov
errn ent In wlr he shares equally with them
In the cs'amities which may beiall the country
his services may be required for its defene Q
his life may be periled and sacrificed In mantainiDg
its rights and indicating its houor. In nearly ali
respects bis and cir condition to tue duties and
burdens Of gosernmsnt undistinguishable; ant
what reasons can be given why, 30 far st least
pards protection to persons aud property abr ad a
wen as AZ home his rights shoud not nc coextensivt
with the rights Of uatye born naturAlzed cltzens
BY the Law OF nations they have the same nxtionaIi
ty; and what right has any foreign power, for the
purpose OF making distinction between them, to look
bebind the character given them by that code whicu
| regulates national intercOursei When the law Oi
nations dete rmlnes the nationality Of any M for
een governments are bound TO respect its decision
They would have no cause to complain II the pro
tectiDg power shcud stand upon its extreme rights
III all cases but that power In dischargng its dute
OF protecting, may, for sufcieot sons have some
regard Tor the ciyit distinctions which its Ia
make between the different classes Of persons to
whom it has the right, under International law t1
extend its protection II will naturally watch with
more cae and nsy act with more vixor, In behalf 0l
native born and Daturazed citizens, than In behalf
Of those who, though clothed with its nationality
have not been 30 permanently incorporated into Its
i political con mubity.
Giving effect to these well established PRINCIPLES
and apply ing them to the tssts in the case, she
suit IL, that Koszta acquired while in the United
States her ai0hal character that he retained that
| character when he WAS seized at Smyrna, aud tha,
he bad right to be res &c ed az such, while there
by Austria and every other foreign power. The right
o. uaion to protect and require others to respect
at home snd abroad, all who are clothed with its ma
tonalty, is no new doctrine now for the first time
brought into operation by the United States. 1t il
c0mmon to all nations and has had the sanction ol
their practice for ages but Is new that at this late
period when the United States aSSerta claim to it
common Inheritance, it should at once be dis 90
yered that i is doctrhe fraught with danger and
| likely To compromit the peace of the world. The
United States see no cause for alarm no rcason for
renouncipg for themselves what others have 80 long
/ and 60 hafmlessly enjoyed
There may be reluctance In some quarters TO
adopt the views herein presented relative to the doc
tIiDe Of domcil and consequent nationality lest the
practical assertion Of it might in 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 char Acter
which will lead to alarming sbuses that under the
shadow Of i political agtators, intent upon disturb
ing the repose Of their other countries, might
come to the United States with view TO acquire
claim TO their protc ,0n and then to return tner
former scenes Of action to carry under changed
Datonsl character their uterior designs With greater
security and better success. This apprehension Is
believed to be wholly unfoun bed. The frst distinct
act done by them towards the accomplis ment of
these designs would disclose their fraudulent pur-
! Dose In coming 10 aud seekinR a domcll In this