Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-10-13

THE KoszrA AFFAIR.-We have Just fin
ished reading the reply of Secretary Marcy
to the Diplomatic note of Chevalier Hulse-
mann. Its great length will prevent our
publishing it entire; and yet we have de-
sire to lay it before our readers. 1t is one
Of the ablest state papers we have read for
long time. tits plain, simple, unadorned
argument, unmixed with bombast or fustian,
and i, creditable not only to Mr. Marcy and
the Administration, but to the country.
AS many Of our readers may not be thor
oughly acquainted with the case, and as we
cannot publish the letter in full, we give
below an abstract, for which we are indebt-
ed to the Cleveland Herald:
Mr.. Marcy says that although the Presi-
dent regrets the occurrence at Smyrna, in
June and July, he differs in his views very
much from those represented by Mr.. Hulse
mann, but hopes the Austrian Government
will yet view the matters in a different light.
Martin Koszta, by birth Hungarian, of
course an Austrian subject, took part in the
political revolution of 40 and '49, and at
its disastrous termination fed to Turkey.
) Koszta, with other refugees confined at Ku-
tahia, was released on the express agree
ment of Austria that he should leave Tur-
key and 60 into foreign parts. Koszta Sc
I lected the United States as his future home.
In July '52 he "declared his intentions" Of
becoming citizen, remained in this coun-
, try one year, and returned to Turkey in an
American vessel as an American citizen, on
r temporary private business, placed himself
under the protection Of the American Con-
sui and received "letter Of safe conduct"
usually given by foreign Consuls in Turkey
{ to persons to whom they extend protection,
as by Turkish laws they have right to do.
While waiting an opportunity to return to
l return to the United States, he was seized,
without color of authority, and thrown into
the sea, from which he was taken up by
boats crew lying in wait for him, belonging
to the Austrian brig-of-war Hussar, forced
on board of that vessel, and there confined
in irons. Capt. Ingraham demanded his
: release, and Koszta was delivered up to the
French Consul General, to be kept by him
, until the United States and Austria should
agree as to the means of disposing of him.
, Austria demands that Koszta be delivered
up to that power; that we disavow the con-
. duct Of the American Agents; and tender
? satisfaction for the outrage The first point
to be considered is the nature of allegiance.
By some it is held to be an indistructible
political tie, and though resulting from the
accident of birth, yet forever binding the
subject to the Sovereign. The sounder doc
trine, however, is, that the citizen or sub
ject, having faithfully performed the past
and present duties resulting from his rela-
tons to the sovereign power, may at any
time release himself from the obligations of
allegiance.
This right to withdraw rests on firm
! basis, and is similar in principle to the right
which legitimates resistance to tyranny.
From this position the Secretary asserts that
no State can command from any other, as a
matter of right, the surrender of native
born or naturalized citizen or subject, an
emigrant, or even fugitive from justice,
unless the demand is authorized by express
' treaty stipulation; and refers Mr.. Hulse-
: mann to what took place in '49 and so in
0 relation to the Polish refugees in Turkey by
; Russia, and of Hungarian refugees whom
j. Kos5ta was one by Austria. The demand
o in that case was made in concert by two
!. powerful sovereigns, but Turkey refused;
the civilized world commended her for it,
1 and Sir Stratford Canning, the British Am
d bassador at Constantinople, and the French
minister at the same court sustained that
| position, and were endorsed by their re-
. spective governments. The claim Of Aus
tria that by treaty stipulation she had right
i to seize Koszta, is denied by Mr.. Marcy as
having any force. No such treaty exists,
i as is conclusively proved from various
sources, and if Austria had such treaty au-
thority, it would extend only to Austrian
subjects, and of course could not apply to
Koszta, he having been banished by Aus
tria, and at her instance expelled from Tur-
= key. Moreover, by an Austrian decree of
i '32, her subjects leaving without permission
become unlawful emigrants, and lose all
civil and political rights. Koszta was such
unlawful emigrant," and having no claim
to protection from government, they could
not hold him as a subject In view of all
this, Mr.. Marcy is brought to this important
conclusion--that those who acted on behalf
of Austria had no right to seize and i'm
prison Martin KosSta
S The Secretary then goes on to show that
3 Koszta had the National character of an
F, American, and our government had right
J to extend its protection over him; that al
though he was not invested with all the
S civil rights Of an American citizen, yet he
: was clothed with American Nationality, and
in virtue thereof, our government was au-
thorized to extend to him its protection, at