Weekly national intelligencer., 1854-01-21

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courts will proceed to inquire into the domiciaon az
the parties and make partition though both be subjects
Of the begerent which has made the capture becauss
the domciaon OF the one has clothed him with the ma
uonay Of the other country for commercial
strictly has it been held that domciation clothes
with nationality for commercial purposes And this prn
cple is acted on in oil cases. and have already said
is laid down authority by the very writer's cited by
the Secretary OF State himself.
am not desrous to weary the House by going into the
multitude OF cases to be found in the books England
and France and this country fatigue the House
oy reading the authorities lying before me- Permit
me to state however in general terms that the
OF the whole law can be found in Kent The case of the
Venus illustrates it. The authorities are clear and dis
tnct is perhaps right and fair to saw that in all of
these cases the American writer's as well as the Ameri
can courts have copied and fully endorsed the PRINCIPLES
laid down by Sir VIM. Scott
In reference to the intimations which have baar oo
that this right of protection should extend 10 citizens and
persons who have declared their intentions 10 81
zens would repeat what has been said by the gentle
man from Louisiana that the decision of the question of
Martin kosztas right to protection as an nchoate citizen
has not been contemplated by the Secretary letter The
essential point of it. in that respect was that Martin
hosza intended to acquire permanent residence in tbis
country and this evidence Of his good faith and bis
intent to acquire rights of domication But what il
the position of an individual who has merely his
intention to become citizen of the United States? By
OF the naturalization laws you recognise the
fact that these persons declaring their intentions owe
allegiance to the country of their origin BY its terms
before you recognise them citizens Of these United
of their allegiance to the country of their birth You re-
qure addition, that they shall take upon themselves
an assumption Of allegiance this country Neither Of
these things have been done the part Of who
has merely declared his intention to do them some fu
ture day-not now, but In the future-that he would
swear and assume that allegiance to you. Upon mere
declaration intention a the future 70 do these tng
are TO take the things though already done and
thereby create all those legal obligations between the
parties which cohe them with the relative duties of pro-
lection and dependence? No, sir. The Secretary Of
toav 1nudar Law
doctrine He merely alluded to the fact, that Martin
Koszta had made declaration of Intention in order to
show that his domice here, and that his residence
among was made bone fds, and with intention to
remain within community as to acquire that nation
aity Of character which domiciaton gives. This point
well understood and stated the House by the gen.
tleman from Virginia, (Mr. SMITH)
The Secretary makes point the nationality which
domiciation gives. Why, sir, the whole course and
policy of Government would have be changed if
this doctrine avowed and sanctioned by the Ameri
can Congress. Your usage is, to refuse passport
unless the fact Of citizenship is established to the salts
faction the authorities of the Government You do
to give passports of to any body but
those who citizens. You have, and in my judg
men younever will The policy of this Government has
been settled and uniform. While appreciate all that
glowing loyalty which prompts gentlemen to extend the
protection Of the Government even before they become
citizens those who to this country from foreign
lands and while, all who know me well understand my
feeling toward the emigrant is broad and generous
those of any gentleman upon this floor elsewhere still
every statesman will endeavor to look to and jealousy
guardwil permit to yield those feelings when
they propose to lead me into the impractcabe and the
indefensible
You have, sir, upon the statuts-book law which
cognises the very principle of which speaking. You
have a law there which declares that any man who,
owing allegiance to this Government, shall be found in
and doing violence to her citizens, though under
color of commission of authority and the direction
of foreign prince, shall be deemed and treated as
pirate That act shows the rule which have adopted
IN Tho IF aIfiy and
you adopt different rule in regard to the citizens OF
other Powers? By that act you ayow the doctrine that
allegiance to his Government, and do 40
act incompatible with that allegiance and if he does, he
thereby compromits his safety and is traitor to the
country to which his allegiance is due There must be
express abjuration of his original allegiance and o
formal assumption of another before the authority of that
other be held justification for his obedience oft
in opposition to the allegiance of his origin Nay more,
it may be well for gentlemen before they snunciate
opinion upon this subject, to examine with
what ground country has taken upon these subjects
heretofore 1t is quite common event for American
citizens to domcate themselves in England in France,
and in other countries in order their
cal transactions there.
Is it to be said it necessarily be by the doc
trne of the Secretary that the American merchant who
crosses the and locates himself in Great Britain for
commercial purposes, with the bona fae intention of
quring domicile but with the equally bona fde nten
ton to retain his rights American citizen becomes
entitled to the protection Of the British Government and
matter of necessity subjects himself to the correla
tive duties Of British subject and thereby of necessity
loses his right citizen Of this republic? And yet
such must be the result Of the doctrine which combat
repeat that the right of protection and the duty which
the individual owes the Government correlatve and
co-ezsen and where there is allegiance there is
right duty of protection The whole difficulty in
this has arisen from confounng commercial rela
tons with the right and duty of individual sub
iect and the word !" bject, not in contra dis
tncton to the term which in this country, that
Of citizen but designate the relations between the
governed and the Government am inquring into the
relations of the individual under the Government with
out regard to foreign Government The right and duty
of an individual under Government viewed in his poll
tcal relations to that Government and the rights of that
individual towards that Government in his commercial
transactions in regard to the property Of the country
which be is resident different and separate things.
Mr.. PHILLIPS. The gentleman from Ohio states q
proposition in itself that is that allegiance and
that protection is due the individual who establishes
his home among u.s. though the full term Of FIVE years
may not have expired which admits him to the right Of
full citizenship?
Mr.. DISNEY. am glad that the gentleman from Ala
bama has asked this question: and called my attention
precisely to this point. There of allegiance
the books of this country and Europe recognise them
with entire distinctnessthe temporary allegiance grow
ing out of domcie and connected with the commercial
transactions of the country and the allegiance
growing out of the duties Of the citizen in the abstract
without regard his commercial relations and connexon
with the property of the country Permanent allegiance
imposes upon individual the obligation to support de-
fend and obey the Government, whether at home or
abroad temporary allegiance imposes upon the indvi
dual the necessity of obeying the laws Of the country
while he is within the jurisdiction Of the country within
which he is residing, within which he is domicated,
provided they no, incompatible with the obligations
a IL -