The Sun.
London, England, 1853-08-31 00:00:00

LONDON, WEDNESDAY, AUGUST 31, 1853

The difficulty that has arisen between America
and Austria respecting the capture and subse-
quent rescue of MARTIN KOSSTA at Smyrna, about
two mouths siabe, is one of a very simple charac-
ter, and which might be settled in a few minutes
•by any dispassionate and unprejudiced arbitrator.
The facts of the case are by no means complicated,
nor, so far as we cl.n learn, is there any dispute or
difference with respect thereto. Any jurist of the
slightest practical experience could speedily set
the question at rest, by deciding which was the
actual aggressor by whom the jus gerdium, was
infringed, and therefore by whom should re-
paration be made.. And yet the flames of
war may be enkindled, and hostilities occa-
sioned through this apparently trivial transac-
action. It appears that both parties are tho-
roughly convinced that their opponents are in
fault ; and, as a 'matter of course, that not the
slightest censure can be cast upon their own re-
presentatives. The Austtian RIPBRON, not merely
approves of the conduct of his Consul, but absj-
lutely rewards him for violating the sanctitj of a
friendly Power, for sending his myrmidons to
capture an individual, who had done nothing to

forfeit LllO protection and hospitality of the SuL

TAN or his subordinates. While, on the other
hand, Captain INGRAHAM is greeted with the
unanimous approbation, not only of his fellow-
citizens, but of all, save the despicable
toadies and flatterers of despotism. The Austrian
Consul receives a cross and a title—the American
Captain, the thanks and gratitude of a free and
enlightened nation—a nation that is determined
that the honour of its flag shall be respected, on
whatever land or sea it may float. But this is
not all ; the EMPEROR demands redress for what
he is pleased to term the insult to the Austrian
flag, from the President ; while, at the same time,
he sends a circular to the various Courts, protest-
ing against the rescue of KOSSTA as something
totally unwarrantable and indefensible, an attack
upon Turkey as well as on Austria, for threatening
to fire at an Austrian brig-of-war in a Turkish
port, and thus violating the neutrality of the
Ottoman Empire ; while, on the other hand, the
President justifies the proceeding of the officers,
and willingly assumes the entire responsibility of
the transaction. The plain straightforward sim-
plicity of American diplomacy, the stern resolution
not to suffer itself to be caj9led or bullied, hum-
bugged or brow-beaten, enables to, without pre-
tending to any ex.traordinary power of vaticina-
tiou, to predict that Austria will not take much
by her ino:ion, or extract anything in the shape of
an apology from Brother JONATHAN.

The Austrian protest aboVe referred to, at-
tempts to place the matter on a totally wrong,
foundation—to raise a collateral and compara-
tively immaterial issue. It omits all mention of
the preliminary outrage committed under the
sanction, and by the direction, of its own agent
assuming that KOSSTA was a legitimate prisoner
fairly captured, and, therefore, in lawful custody
on board the Austrian brig-of-war. Now, the
whole question rests on that point, which must be
decided in the
first instance. And we have no
hesitation in saying,
that the new Chevalier of
the order
o
seizing by fotrceL Eopo was grossly wrong in
might and
violence an individual,
who, whatever
offences against AgUstrihave been his former
in his lawful business inalhewas
Turkish territories.
was the Turkish Gove then engaged
The only power that could have jfustified his arrest
rnine:te
any infraction
of its own laws ; and any native
captive had the slightest claim for on Whom the
is
rel protection
entitled to interfere, and to insist on b protection was
in the event of the local authorities beinge unable
or unwilling to enforce it. . _

We may grant, for the sake of argument
t,
at
KOSST.A. was not an American citizen; but he' hau.
taken the preliminary steps towards becoming
one. He had gone through the first forms, and
thus commenced his novitiate, and was thus as
fully entitled to American protection, as if the
ceremony had been completed, and he had, to all
intents and purposes, become a citizen of the
United States. At all events, he was armed with
au American passport, and was therefore under
the shelter of the " Stars and Stripes" at the mo-
ment of his unwarrantable capture. The first
argument agaiist the interference of the St. Louis,
therefore, goes for nothing, and may be considered
completely disposed of.
The next point, that no subject can voluntarily
shake off his allegiance to his lawful sovereign,
and that the Emperor of AUSTRIA would still re-
tain all hi 3 rights over KOSSTA, even if duly natu-
ralised, is practically immaterial ; for, supposing
that it were '.
have consigned eventl so, and that he might
he unfortunate man to the
tender inereiesintoofl
his hands,
executioner, in case
he fell lawfully hands, without being sub-
ject to any demand for
reparation • it quited
certain that America would be entitled is
to defend
the party while in her
own dominionson neutral ogrrouutr.
the protection of her flab
The seizure of KOSSTA Was then not
(361
suit to Turkey, but also to the Unite an
in-
and either party was justified ill a States,
Velging that ,

insult, and obtaining the most summary redress.
Captain INGRAHAM did so in the 'most effective
manner, and there can be no doubt.that ,iie will
be sustained and supported by his own Govern-
ment for the faithful and efficient discharge of his
duty under such trying circumstances, and that
the reclamations of Austria will receive exactly
the attention which they merit, and not a par-
ticle more.

A more extraordinary, we may add a more un-
constitutional attempt at establishing a domestic
inquisition, has seldom, if ever, been recordedthan
that in which the Directors of the East India Com-
pany have been so thoroughly and completely foiled
through the sound common sense and firmness of
the Lord Mayor, whose magisterial conduct on
this occasion, at least, is deserving of high corn-%
mendation ; and we bestow that well-merited com-
mendation the more readily because we have very
recently felt it our painful duty to complain of
the undue leniency with which his Lordship dealt
with a person who was brought before him for
grossly insulting, and subsequently assaulting, a
female within his jurisdiction. It is true that
the application was by no means complimentary
to magisterial ability. The notion that he could
be so far bamboozled by the plausible fallacies
of even the most acute and skilful advocate, as to
commit for trial a gentleman of station and re-
spectability, when there was not the most remote
chance of a conviction, indicated a very humili-
ating opinion of his judgment. A Magistrate, who
had any amount of professional experience, would
have felt it as a deliberate insult to his intelli-
gence if, under such circumstances, he had been
asked " what would be the mischief, or brea'ch of
the law," if he held the defendant to bail to
answer the charge at the Central Criminal Court ?
The answer would be very simple. It would be
a gross violation of his duties towards the
community,. iand to the defendant. To the
community in unduly taking up and consuming
the time of Judge and Jury, and occasioning ex-
pense, but to the defendant it would be a far more
serious injury--an injury inflicted by one who
• was placed on the bench for the purpose of pro-
tecting innocent persons from the annoyance and
vexation of being exposed to untenable accusa-
tions. What ! is it no mischief or breach of the
law—to have a respectable gentleman's name
printed in the Newgate Calendar, as being,
charged with participating in a corrupt and infa-
mous bargain ? Is it nothing that his name
should be for ever inscribed on the records of the
Court, as being in any degree implicated in such
a transaction—that hiA time should be occupied in
preparing his defence—in attending the consulta-
tions of his counsel—in going day after day to the
Court in order to be in readiness to surrender at
any moment that the case might be called on, and
then to take his place in the traverser's dock, await-
ing before " GOD and his country" the issue of
his trial, and feeling himself the gazed on of all be-
holders—the focus in which a thousand earnest
glances were con centred —the disbursement of
fees to Solicitor for preparing briefs, and to. Cou-
nsel for perusing them, and for attending to de-
fend the prisoner from the serious but utterly
untenable accusation ? Call you these nothing,
Mr. CLARKSON ? Really the old JoE MILLER
anecdote does not appear to be so very ex-
travagant. The fishwife who thought the eel
she was skinning at the moment used to it
did not appear to be a single particle more insen-
sible to the true character of the operation, or the
feelings of the victim, than the practised Old
Bailey Advocate, as to the nature of the moral
"flaying" which he was inflicting at the time.
" Where was the mischief or breach of the law"
forsooth ? Oh ! Mr. CLARKSON, Mr. CLARKSON,
if you could for a moment change places with a
traverser, even where there was the most perfect
certainty of an honourable acquittal, and of his
leaving Court without the slightest stain on his
charaetet, you would no longer put forward such
an interrogatory with so verdant an aspect.

The case must be so fresh in the recollection of
our readers, that it is only necessary to allude to
the circumstances very briefly. Mr. BRIGHT,
during the India debate in the House of Com-
mons, had stated, on good authority, that he heard
of a case where,4 cadetship had been offered for a
petmniary emsitieration. A nest of hornets was
at once excited, and quickly buzzing about the
ears of the meek individual, whose religious
opinions and pacific temperament would prevent
him from resorting to "gentlemanly satisfaction"
for any "ornamental language" that might be
bestowed on him during the discussion. The
changes were rung to no end. The whole gamut
was gone through with brilliant variations
on the original theme. Misstatement, misrepre-
sentation, calumny, falsehood, down to the
lie direct, and all garnished with numer-
ous expletives, were hurled at his devoted
head. It would seem as if a polyglot edition of
the Billingsgate vocabulary had been supplied ad
libitum, for the especial behoof of bilious and
yellow-visaged nabobs, who, with multitudinous
stars attached to their names in the libre d'or of
Leadenhall-street, resented the onslaught on the
fair fame of their mistress—or of ruddy-cheeked
juveniles, who, although unbronzed by the heat
of Eastern climes, relied on their connection with
magnates from " RAMNIIGGUR SINGH," or " BA-
HADOOR GURH MEHAL," with wholesome crores of
rupees, and very diseased livers, as giving them a
material interest in the Government—that is to
say, the dispensation of the patronage of the
Anglo-Indian Empire. This wordy warfare, how-
ever, fell harmless on the tough skin of the Mau
of Peace. In place of withdrawing he boldly
reiterated the charge—nay, more, he stated the
authority on which it had been preferred—viz.,
the Hon. Gentleman the Member for Lambeth—
who stepped forward and declared that the offer
had been made to his brother, who had rejected
it the moment he became aware of its illegality.
The hint, however, was sufficient. A letter was
forthwith addressed to the representative, who,
confiding in the privilege of Parliament, had
dared to breathe a word against the vestal purity
—not of the Board, or even of any individual
Director—for Mr. WILKINSON had expressly de-
clared that the anonymous trafficker was not a
member of, or connected with, the Company—but
of the system which they desired to perpetuate, re-
questing him to give the name and address of his
brother. This was at once complied with. The
brother was then written to demanding that he should
communicate the name of the person by whom
the offer was made, and the particulars of the
proposal. This demand was not complied with by
Mr. WILKINSON; and then began the system of
bullying and browbeating that hitherto has led to
the two applications to the Lord Mayor to commit
Mr. NORMAN WILKINSON for trial at the Central
Criminal Court, and Mr. W. A. WILKINSON, M.P.,
for seven days to a House of Correction for re-
fusing to gratify their impertinent curiosity.
There was a total failure of evidence to show that
the off, if
uce, any there had been, was committed
the City of London, so as to give jurisdiction to
the Lord Mayor. But even if it had been within
the ill' ri
KINSON knee a‘th the
ettihon, it was manifest that there was
no °ire:lie
would be oblig moment Mr. NORMAN WlL-
ert money was required, that he
withdrew from t commit a misdemeanour, he
the slightest chance transaction Could there be
thee
even ab conviction of a person
who was admitted,
aujibtis accusers, to be "a
gentleman of honour
were explained.
ground the mo-
mentnot. The accusation fell ton integrity
Why, then,
punish
hienllPAlaeialeda,y. extl:rntt,
diirerctl the circumstances
they did not seek to
send the case for trial ? Oh that ;
by circuitous means, from Mr. IV,
an answer which we could not obtain
that we might punish his plain-speaking in the
House of Commons, and trample under foot the
vaunted privilege of Parliament. The Lord
Mayor would not fall into that trap, nor to the
no less palpable one of requiring him to commit
The
Mr. W. A. WILKINSON for seven days.
or ma-
answer endeavoured to be extracted from the
Honourable Gentleman was not pertinent
terial to the matter under investigation. If the
transaction was wrong, Mr. NORMAN WILKINSON
the
might be punished, although the name of
Pally with whom he was dealing had nottranspired.
The effort, therefore, failed. The Directors, how-

ever, received a salutary lesson that they are living
in the meridian of London, and not of Bengal ;
that their attempt at despotism is here unavailing,
as in place of cringing Hindoos they have sturdy
Englishmen to deal with. We may, however,
judge from the transaction of the spirit by which
they are animated, and of the chance which a
native, whether prince or peasant, chief or ryot,
has of escaping if once he falls within their
clutches.