Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1864-01-01

of di:n-5cilG it, hete 4 person uISS -
taken I::;i,,a fGeie t. 10 .r,5 1"!r'ini until
other f.olG ::tabEis: tie s,u,raTy.'
= ~ removal v:!:,,: docs Der, CONTAIN
plate AZ .rsnucc from tLc domicil for I'D IN
dein.tc a1d uncertain time is not change OF
1T. S,;, ri2rs them Is & removal, unless II
tan - i;,i,1n rr liz irrrcd, from circumstances,
that it res tUr samr particular purpose, ea'
7ec:ed 20 80 on 2 Of R temporary nature, OF
in the exercise o. s"a:o particular profession,
Office vr calling, i does change the dOm!cii.--'
Tie fcsulf is, de- tIa place IF ,Hsilcnee il
primo !tgcie INC doriicii, uaissa lharc b. soma
moti,r for :ha; rasijcpca n"t Inconsistent
vii, c.eari: established inJenIcn 70 Te,ai!
perpspent residence N another place
These CASES 81, had reference e the suc-
ccssiou OF psraoosl property, which depended
upon tie law If the caGntry in which The
deccdent had his donJicii u: Toe rimn Of his
death Fat t;1c samo principle is applied
whGa the question Of doaioi reiascs t. tbs
national character Of . party brought into
dispute lin u state OF war.
:. In tie cssc Of johnson Us. Il balas of Mer-
chandi4e. reported in Halls Lax journal
iS. the Judge says Up. S5l: 81 thirl; il
may be assumed as principle, that the l.'T
Of nations, without regarding the municipal
regulutiona prescribed for his admission,
views every man as member OF the society
in which he is found. Residence is prii'o
f1cie evidence of national character, suscep-
tibie, however, Mt oil times, cf explanation
In the case Of Tie Borno2, Rob. Adm
Rcr., SIS. Sir " illiam Scott said: Whenever
i: appears that tie purchaser Was in France
he must explain the Circumstances Of bis resl
dence thrrc the presumption arising from
his residence Is that he id there amino man
snai: and it les IN him 10 cxploin IL And
the same rule wa recognized in :. ease in>
volping the rational character oi' party ir
time ot war by the Supreme Court of the
United States in The case Of The Venus, s
Cronch, 2I9.
1t can hardly NC necessary to say, tor 1t IS
obvious from tho context. that. in the extracts
above quoted, the word residence" is used in
the general scnsc of deiag a a place. without
reference to the particular cnmstances I'M
der which the party is<here. They all relate
to the legal inference 10 be drawn from tht
nero feet that tho party j. ct the place, whicl
may lie confirmed or r.butted by the iartr'
lar circumstances when they arc proved
10 nat perceive any reason Why the sant
principle Should 10; b, appl!ei, in considering
the question Of national dOInl0;l under thu
Gonscript Act ! am &c opinion, Therefore
that in & Case under shat Get, Il man should
in the ai,-ence Of other evidence, be presumed
prima tlcs,,, to have h;s national doniicil il
the place whore ho is found, ind that pros
rllat he WIS burn il foreign country is uo
efficient IL overcome that prcsumptlnn.-
Henry Conrad must. therefore, DC taken
pri,nG fGci>. 10 have had = doni" - tho Goa
iedera,a States on the l.l;h Mag Is ,.
Ii remains t. consider the spe,.dl circun
stances that areprCvni in reie1cnccto C""rn;
which are
l. That he was Il young man, without tam
ily, without property, and without tiHnsc q
his own, aad rot engaged in any business
while he was in Pe;crsAurg.
2. That ne hel been IN Petersburg onl!
two or three weeks.
3. That while II Petersburg, be said tia
he had neen ia Amrrira nearly two years
tha. he tad keen part OF tho rime IN Ncr
TX, aTi riif-rGGrnt part q the time Il
Mississippi. and thar 10 wished or intended Il
return 10 his na.i7c Country, but lad not ~
mcams 81 enable him 70 d. 50.
1n.thc case # person without ialrily anc
wthvut regular business, tho presumption
o? domiuil in particular place, arising IRON
the fact Of his beng in that place, you'd ht
of less weight than in the case OF person
family, accompanied by his family. and en-
gagged in business. Fur, in the latter case
We Should have rot only the presumption
arising from the fact Of his personal presence
at the place, but the additional facts, which
are of themselves entitled 10 weight, as evil
derce of his intention, that he is accompanies
by his family, and that ne has 80 far EXEC
himself IN the place d TO engage IN business
there. And the weight Of these circumstan-
cas, as we'll ~ TIC weight vi trc presumption
"rising from peraorRl presence ut Ptece, IS
CT course, increased by long continuance.
But the facts, tia' nat, is Ti;hcu. inmil7
without lor;une. aLd wi;tout 4 regular hrSl
ness, are Dns suFicicn to repel the pridl0 facl
presumption arising from the presence OF thu
;tar;y in the country. And in considering tins
weight to be givcn to these circumstance J!
the present case, il ,Gnst DO borne in mind tina
large numbers VI PERSONS enigrate every yea
from Prussia, Germany, Ireland, and othsl
parts of Europe, to the American States, Will
q view to permanent residence and settlement
81 that when we sec Young man, wl;hGu
{. v, u
Of these countries. we naturally and reason
ably conclude. as matter OF iact, 'ndependen
Of any legal presumption from the TACT OF Iii
h-ins h, re. that re has cnigrated with vie,'
t. abandon the country of his birth, and will
i view to ornament residence and settlement
here. Ii is of just such persons that the for
aisn emigrants are chiefly composed.
The fact that Conrad had been in Peters
urrc only n icw weeks IS nj no Importance, to
II does rot affect the legal presumption ~ Il
his national dnmcil arising from the fact ;ha
no il found in the Confederate States. hn'
!: must be borne in mind that am consider
ing question If aJionU domicil. and not
que;tica OF mere lgcal d0micil. The question
!. whether Coa-nd had his national domicll II
Prussia or IN the Confederate States, Gndn"
whether he had his locGi dpmic;! in Peers
burg or elsewhere IN the Confederate States
Is avoid possible Misrepresentation, Inust
add that | do not lose sight Of the fact that
Goriicil Imports q babitati0n fixed in q place
or country for an indefinite timo--in otbcl
words, that it involves the element g! fixed
meas or permanence. Built mrst u rr:nam
bcrcd that am not considering tie effect Of
mass Of evidence hear;rS IN the, question o.
the rarty'5 intention, and that Lam considc''
ing only the conclusion 70 be drawn from the
fac. tia; Henry Conrad, young oaD. With
ont tau,iiP, without properly, and Tot engaged
in brs;lcae, is icund in the Confederate
States.
Tho declarations Of Conrad as 10 tho lonstl
Of time he had been in America, and as *
the PLACES where he spent that time, are enti'
tied to ro consideration, because they are not
evidence for any purpose. If it hads beer
proved that be Lad been two years III the
American Stairs, and that he had been par
OF that time in Ne~ York and subsequent
part in Mississippi. those facts would have
had no tendency 10 rebue the presumption az
10 his national dora,cil, arising from his being
iorni in the Cu!,;cdrra'r Sta,cs.
Itremaiss TO consider tho we:sE- 10 lc at
tached to Cunra,;'s declaration Vi his wish o,
inteption to return ~ his native country ou1
rhrugh The oriGcnc: is nnt clear upon tina:
pint. l shall consider linn Gs expressing &
wish and en- intention tn rs!urT, entertained