The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-30
MON: WASHINGTON FRIDAY MORNING. SEPTEMBER 80 1858

quire his exlfadh}0n, eh under the law OF hsuons OF
moi only srs xnd swsesmen but the great body oil
the people Of every country They investigated IT'S mel
its admitted ats justice, and commended Inc hihess anu
humanity OF the Sultan Tor his course
II is 10 be regretted that this clam tor The surrender
of Koszta and his companions, so fully considered hs
and sgnally oyerruled, should DC agala iesyTu oy
Austria under circumstances winch make tne olteo
States reluctant party in the controversy ne ciam
has been epudlaed by the general judgment OF Europe
and this government rs unable TO discover any sumcieht
| reason for dissenting from that decision.
Austria appears 10 have been that her ght 10
seize kosza could not be sustained by International law
and she has attempted 10 derive II from certain reales
or ancient capiulations by treaty and usage Inc
very slight and inexplic manner IN which this authority
is advcred 10 in Mr. Hulsemann's apparently ndi-
Gates, II not want OF confidence IN IT. al least desire
no, 10 have it scrulinized II there really such an
authority and il OF such extraordinary character
as is assumed 10 be, II would have constituted, as
Austria must have clearly seen, the main strength OF her
case aud she would not have referred 10 II IN such
manner to leave the very existence OF II open to
doubt question The paragraph referring 10 II is The
following
"As there can be no doubt therefore, concerning the
question OF nationality the ConsulGenegal OF The Empe
ror at Smyrna without doub, perfectly justified when
in virtue OF those treaties which subject Austrian sub
jecis Turkey 10 consular Jurisdiction. he seized the
person OF Koszia within the pale OF his Jurisdiction
II there be such treaties comforting such power. with
such extraordinary oil enforcing H. strange indeed
is that more prominence Is mol gwen 10 me facl IN M
Hulsemann's communication Why are the dates OF
these treaties withheld What is still more important.
why is not the language conveying this authority quo
ted The undersigned Is constrained Tor reasons ne
will briefly assign. to question the accuracy OF the inter
probation which derives the right claimed IN the above
paragraph from any existing treaty between Austria and
The Ottoman Porte. tE s.e.t.e
The Austrian inernancio Constan,inople, In
ference with Mr. Marsh, the American Minister Resident
spoke OF such right derived from ancient captu-
lalons by treaty and usage" II IL not shown or al
legged that treaty stpulaons since lS49 have been
entered into by Turkey and Austria. The ancient
puatons" relied 10 support the demand in that
year for The surrender OF the Hungarian refugees; they
ed found in them. The French and English Min
listers at Conslanlnople who advised and sustained the
Sultan resisting the demand OF Austria Tor their extra
diton, would not have given such advice II they could
have found in existing treaties authority for that de-
mand, any obligation on the part OF the Sultan TO
yield 10 it, Lord Pamerston, then her Britannia MaJes-
ys Principal Secretary OF Stale for Foreign Affairs,
fully examined these treaties and expressed his concu
sons thereon in letter Sir Straord Canning, dated
oath September. 1919. In this letter. which contained
extract from OF these trealesthat OF Belgrade
and referred 10 the claims oil Austria founded on them
Tor the surrender OF these refugees, he says: the ut
that could be demanded would be that they 1.-THE
reiugees should not be allowed TO reside permanently IN
| The Turkish empire"
/ Coming a later periol-to the very iransac-
ton al Smyraaabundant reasons are found Tor denying
that Turkey then under any treaty obligation 10 de-
liver KosZa To Austria, that her Consul General bad
authority seize him. On this subject il is allowable TO
The declarations OF the public of the Porte
as evidence in regard TO an issue OF this kind Their
explicit denial may be fairly considered equivalent to
/ Ansra's affirmation without proof, where proof, if i
4 existed, could be 50 easily adduced.
i In despatch TO this government OF the 4th OF August
1852 Mr. Marsh the American Minister Resident at Con
4 stantinople, says:
.. have had several conversations on this subject with
the Minister of Foreign Affairs and with Aall Pacha
Governor OF Smyrna, at the lime the affair took place
These distinguished persons very far from expressing
any dissatisfaction with the pursued by They
sustain the the legation has taken OF the legal char
acer Of the question: and Aa Pacha informs me that
lew years since the Austrian government refused to sur
render to the Porte Turkish rebels who had fled into
Austria, the very ground now taken by the Porte
namely that The treaties did provide for the exrad
/ ton OF political offenders"
Mr.. Brown, the Charge dAfaires sd interim OF The
United States at Con sannope, writes that inter
view with Cheh Efindi, also Turkish oicer of high
rank and great experience, which the affair Smyrna
discussed, he observed that the Austrian govern
ment does not possess the power by treaty any
one on Ottoman soil for political offences" There il
/ now, however, something more decisive from Turkey
than the opinion of her public in opposition this
/ treaty claim of Austria The government OF the Porte
has pronounced judgment in relation 10 the seizure Of
koszta which Austria herself is bound respect. Ii
has protested against the conduct OF the Austrian agent,
IN that affair unlawful and violation OF its sover-
eighty but not one word OF complaint, not mnrma OF
from Turkey agains, the conduct OF the
missionaries Of the United States Smyrna has vel
reached this government This is certainly anoma-
ious Austria aragns the United States for vioat
ing the rights OF Turkey in the Kosza affair Turkey
the offended party, exoneraies the United States, and
protests against Austria accuse, for the very
offence.
These considerations have led the undersigned as he
believes they will cad all others who duly refec,
them, 10 the confident conclusion that there exist
treaties between Austria and Turkey which could Justify
or In any way counenance the seizure imprisonment
OF kosza by the Austrian funconaries.
But II Austria really has such authority by treaties
she now claims, It conessedy extends only "Ausran
subjects Ii could no Therefore, be applied TO kosxia
unless he was such subject al the time he seIzed
II the question OF his nationality TO be settled BY inter
national law, the only code which furnishes the rule,
by which this question IL 10 be determined there 10 nc
good reason Tor adiudging him TO have been, when
seized al Smyrna an Austrian subject But settle this
question. Austria would have it settled by an appea
TO her own civil code, the result will be the same
II by The consent and procurement of the Emperor oil
Austria kos1ta had been sent rto perpetual
The Emperor was party 10 The expulsion OF the Hun
gatan refugees from Turkey The sovereign by such an
act deprlves his subjects TO whom il applied OF all
where he cannot, il he would aord them protection B,
such an act he releases the subjects thus banshed from
the bond OF allegiance Any other result would make
The political connexon between the subject and the
eregn state oil uomtgaed vassaage, in which all the
duties and no rights would be side and all the
rights and no duties would he on the other Kosz,a
must be regarded having been banshcd by Austria
for he was one OF The Hungarian refugees whom she
procured 10 be expelled from Turkey 1851 They were
released from confinement at kutaha on condition oil
submitting TO perpetual Punishment, and she had two
persons present al their departure "wbo claimed and OBJ
tanned There an active share in the arrangeme mis-
koszta could thereafter be ShtfulIy demanded as
an Austrian subject.
i The proposition that koszia al Smyrna was not an
Austrian subject Can be sustained on another ground.
by decree OF the Emperor OF Austria OF the 2sth OF
March 1892, Austrian subjects leaving the dominions oil
the Emperor without permission OF the magistrate and a
reiease oil Austrian citizenship, and with intention
never 10 return, become uniarfd tmgran and lose all
their civil and political rights at home.-(Ency, Amer.