The daily union., 1854-02-09

must st inq uire into the nenon OF the party leaving
shores--whether il was for temporary purposes
merely He left understands with the Intention OF
returning to this country What, then, the position
he occupied To that question my reply is that ho
cuped precisely the position OF British subject resd
ng, domeiialed merchant IN New fork, who leaves
the country and takes a voyage 10 France 10 accomplish
purposes connected with his business Now, sir while
he is there. the heart of France. he rs American
merchant bat British subject--with temporary allie
glance To the United States, but permanent allegiance
Gea Britain. Martin koszla, IN commercial matters,
would have been as an American merchant, who was
temporarily ia Smyrna but though occupying such ea-
tons he mgM have been an Austrian subject beside.
Such is the doctrine of the law. Ii was The right and
duty OF the United States TO protect his property as an
American merchant; but In hts political relations
soon he left shores he was absoved tron
all allegiance TO this government and the govern
menl al the same unle was apsoived from oblisa-
jurisdiction of the country As an individual, koszia
owed no allegiance TO the American government, and,
before observed when he left our shores the Amer
can government was relieved from the correatiye duty
OF afordng him lis protection He stood in the attitude
OF American CITIZEN SO far as property was concern
ed; ; and MS such, The American government was
placed under obligations protect him in his property
His ngbt such protection would have been recognised
any OF the courts Of Europe, OF in any of
own.
But. sir, it Is not my intention 10 delan the House
with the mul,udinous cases which might be produced
in illustration of this rule In my Judgment the Secretary
of Stale is. then. entirely mstken in supposng ha, in
asserting the right Of this government TO extend lis pro-
lection Martin kosza, the ground OF his domlc
iaon in the United States. he Is u,tering doctrne
in regard to the law of nations
shall not detain the House much longer But there is
another point the defence of the Secretary OF Stale TO
which, confess do not attach much nporance-lallude
10 the point where he refers the fact OF the ex'radllon
OF Kosza, with the OF the Austrian government
and that under the laws Of Austria subject OF that
empires urder certain circumstances, fories his rights as
such. confess that ] am not able to The force OF
the position As understand the law in such cases,
criminal who foreits his rights OF citizenship does not
thereby necessarily divesl himself OF the duties deyoIv-
ing him a matter OF allegiance to his government
citizen OF OF these States who, by the commission
OF crime is divesed of the rights of citizenship, does
not thereby render himself incapable OF committing high
treason against the government But will not tespass
on the time of the House by ampliyng upon this point
Gentlemen themselves trace the suggestions TO their
necessary results, and conceive the illustration OF the
point present.
With regard to The policy OF adopting the doctrine that
an individual coming here without any assumption OF
allegiance creates duty upon the part OF this govern
extend to him its protection, the idea s utterly
absurd and If this government attempts 10 defend such
position il will long be compelled TO re,ract and re-
trace its steps Our government is but one among COM
munity OF nations.
Here the speaker was interruptedl
am unwilling to tfespass on the time oil the House
TO go more fully into the question have authorities
before me ; could refer 10 them without number 4
could cite them by the hour have even avoided read
ing the paper of the Secretary, that might shorten the
time during which should irespass the House Were
to 60 fully into these matters, could show still more
conclusvey the authority OF the position have taken
The very authorities which the Secretary has consulted,
and whose language may be found in every page Of this
document, have laid down the doctrine for which l
contend Gentlemen can iDd them they are easy OF
access The admiralty reports OF England and The
United States. and the American law-wrltes. all lay
down the doctrine which have referred to repeat
again. that the authorities cited by the Secretary OF
State lay down the doctrine OF which have spoken,
and the limitations which he has entirely overooked-
that is. that the nationality OF which be speaks IS ac-
qued for commercial purposes. and impose duty
incompatible with allegiance.
That am right this is easily shown The Secretary
cites Kent, rs.
"Ifa person goss foreign country and engages in
trade, there he s by the law inations be considered
merchant OF that and Is subject for ali civil Pur-
poses"
But the passage is against him. Observe the words
trade artani and CIVIL On the very page Kent is
explicit:
"The only limitation upon the principle of ofdeterminipg
the character from residences 10 that the party must net be
found in hostility to his native country. he must do
nothing Inconsistent with his native allegiance and this
in the OF the Emanuel and the qualification
exists in the French law well since before their revo-
luton"
Again;
"An American citizen may obtain foreign donicil
which will i'm press upon him national character Tor com
reis purposes In like u he SUBJECT Of
losing account his original character ceasing
be bound by the allegiance dae TO the county Of bis
birth. .'-2 Kent, ~
Again
"Whe thu, domioi continued his property would be
liable capture the ground that his psma resi-
dence had stamped him with the national character OF that
country The hostile character was deemed TO attach 10
the American citizen only in respect 10 his property con.
nected with his residence in the eneny's country Kent
vol 49, atsment of tho decision in the OF the
Venus)
Story in his Conflict OF Laws, As. says:
Commercial agents are presumed remain in
try for purposes OF trade, and therefore acquire domc
where they reside"
II is true that he also says:
Foreg who reside Ia a country Cor permanent and
indefinite purposes dat0o nansad, treated uniyer
raly as Inhabitants OF that country"
As inhabitants, not citizens, he refers 10 yael who
says:
The Inhabitants, as Distinguished ron citizens are
foreigners who permitted TO settle and stay In the
Try Bound 10 the society by the residence they subject
to the laws Of the State whte they reside ia and they are
Obliged to defend TIP. lOi, sec. 2ls.
Again, says Vat,el:
The foreigner oush, to content himself with barely
respecting tbs law of the country he ought 1t non
OCCASION and contribute 10 It's defence far consst-
with his duty citizen Of State Ha can
aon 70 the quality Of cilizens but he ought bear his
share OF all others. Being exempt serving in The
militia, aud rom paying those destined for
pon Of the rights Of the nation he viii pay the Hntes inn
posed upoE provisions, merchandise, Nc and word
everything tlnt has only relation bis residence
copnry. OF 10 thu Hfsrs when brought him ihitnerP
lI3, secs los log
But the of the Piznro has been cited Ta:s is
commercial case, and illustrates commercial law Bat
let us examine II:
"a person domeiated IN country, and enjoying the
protection OF the sovereign is deemed sub60 OF that
couniry.''--i Peters, 1903
This indeed, Is the very doctrine OF the Secretary
But the court did not stop here. IL explains;
fHe owes allegiance 10 the country while he resde. 4, Il
fonp,p tnts hs hasn 1u Errf.