The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30


rulers and statesnen but the great body o. the OeO
pie OF every country They investigated MS neTits
admitted i's justice, ana commended t1e drmOoss
and humanity of the Sultan for his course.
IL II n be regretted that this claim tor tue surreD
der Of Ko.zta and his cpmpaIions, so full consider
ed then. and so signsy overruled, should be again
revive by Austria under circumstances which make
the United States relu tant party ia the ccntrO
very TIE slain has been reDud .ted by the gene
rJ Judgment OF Europe. aud this government |, nn-
alb to discover any sufficient reason for dissenting
from that CeCisiOn.
AustI,s appears 10 have been aware that her right
| tn re koszta could not be sustained by interna
tiona law and she has atte oted to derive fr'a
certain treaties. "anceDt capitulatons by Te.ty
aud ussge." The very slight and mex olics manner
in which this authority is adverted u in Mr. iise
mapn's note apparently indie stes, II not wa,t OF
confidence in it. at least desire not to have s0ru
dOjzed. 1t there really was such au hOrty, aud
/; was osuch extraordinary character it Is as
suUed to be- it would have constituted. as Anstris
| must have clearly seen, the maiu strength of her
csse, and she woul1 not have referred to u 10 suoh
manner to leave the very existence OF it open TO
doubt quest on. Toe paragraph referring to 1t Is
| the followiog:-
o. Smy without doubs &c y jusddsd when
10 virtue At thoss trestes which subjscs Austrian sus
jects Ia Turkey to consular dicon, he seEd ths
OF Koszta within the pale Of hs ja isd.c cain
If there be such treaties conferring such power
| with such ext a0rdinary means OF enforcing 1t,
strange indeed it is that more prominence Is not
/ given to the fact in Mr.. Hulsemanns communication.
Why the dates of these treaties withhold What
is s,l more important, why is not the language
veyipg this authority au0tedi The undersigned IL
O. DstruiGed, for reasons he will briefly assign to
| question the accura y of the interpretat which
| derives the right clumed 10 the above paragraph
| fron any existing treaty between Austria and the
OttOn all Porte.
| The Austrian internuncio at Constantincple, in
! conference with Mr.. Marsh. the American Minister
resident, spoke Of such right as derived frOM an.
eient captuations by treaty and usage II Is uot
Il nlIn t,,,rI.t ~
| since lS49 bnse been entered uto by Turkey aud
| Austria. The "ancent capitulatons were relied
to support the demand in chat ye for the uer
| Of the Hungarian refugees; they were scrutinzed
| and DO such authority is now claimed Was found
| IN them.
The French and English ministers at Coust autiao
pie, who advised ano sustained the Sultan ia resist
| ing the senand of Austria for their extradit IN,
would not have given such advi it they could have
found IN existing treaties any authority for that do
uand or aty obligation on the part Of the Sultan 70
yMld TO II. Loro PalDerstOn, then her Britannia
Najesty's principal Secretary of State for Foretga
Ah,;rs, carefully examined these treaties, aud ex
pressed bis conclusions theron la q letter to Sur
StratiOrd Canning, dated Gath Septembe', lS49. In
this letter, which ;ontaued an extract from of
these freaties-tbat of referred to tae
claims If Austria founded on them for the surren-
der Of these refugees nc says =" The utmost toat
| could be demanded would be that they, (tne ~
fugees) sboud not he allowed to reside permanently
| Ia the Turkish enApiye y
Coming down to late, periodic the very trans
denying thas Turkey then under any ire 4ty ohli
gaton to deliver KOszta to Austria, that her Con-
sui General had authority to seize him. o. this sub
ect IT is allowable to resort to the declarations Of the
public men OF the Porte evidence in regard to an
issue OF this kind. Their explicit denial may be fair
ly considered as equivalent to Austrias Affirmation
without proof where proof if it existed, could be 80
| easily ad6nced.
In despatch to this government of the 4th of
| August, 1853, Mr.. Marsh, the American Minister
resident at ConstaDtinople, says
have had versatior this subject With
the Minister ot Fcrega Affairs and With ALI Pacns Gov
error OF Soyrns the affair took Thsse
persons very far from expressing any
oissstisfact,ou wi,h the ceuree pursued by They
suts;D The the gatiou has legal char.
sc,r Of the question, and Ali Pacha iatorm-
few ,eers me AUS ian govsrnment reuesd to sur
the Porte tn ksh 1ebe,s pad d,d Aus
tra on the ver gr, ,upd now taken by the Porte
~ that the Iest e. did net provide for the radiu
Of political offenders.
Mr. Brown, the Charge d'Affaires ad smtc,im, o.
the United States at Constantlnople writes that in
interview with Chehil Effendi, also Turkish off
Ger OF high rank aud great experience in which tle
affair a. smyrna was discussed, he observed CnAt
tbe Austrian government does not possess tue pO wer
by treaty to arrest any one on Ottoman SOL for po
litical ttlencts' There is now, however some ching
more decisive from Turkey thaa the opinion of her
public men. in opposition to this treatycaim of Aus
trias The government OF the Porte has pronounced
judgment in relation to the seizure OF koszta which
Autra berse Is bound to respect. IL has protested
against the conduct of the Aust-iaE agents ia that
stfuir unlawful, and violation Of its sovereignty
but not one word of complaint, not murmur Of dis
satisfaction, from Turkey against the conduct OF ths
aries OF the United states at Sayrna, has yet
reScbed this government. T1is is certa My
al0us case: Austria arragns the United States for
violating the rights of Turkey in the Koszta afa
Turkey, the offended party, exonorates the United
States, and protests az anst Austria accuSer for
the very same offence.
these considerations have led the undersigned, as
he believes they viii lead all others who duly reflect
them to the confident conclusion that there exist no
uf1rSh hx,fQ Gtrta T.teI-n
justify or io any way countenance the seizure i'm
prscDment Of koszta by the Austrian function aries
But II Austria really has such authority by trea
ties as she now claims, it confessedy extends only
TO Austrian subjects" 1t could not, therefore, be
applied to Koszta, unless be was such a subject ut
the tin be was seized Ii the question of his ia
nonslty is to be settled by international Law, the
oily code which furnishes 'he rules by which this
question is to be determined there is good reason
for aoju0ging him to have been, when seized ct
Smyrna, an Austrian subject. But settle this ques
t0D, as Austria would have 1t settled by an az peal
to her own civil CODE, the n suit will be the same
by the consent and procurement Of the Emperor
OF Austria kostza had been sent into perpetual
punishment The Emperor vas a party to the ex-
pulsion OF the Hungarian refugees from Turkey.
The sovereign by such an act deprives nis subjects
to whom it is applied of all their rights under bis
government. He places them whers he cannot II
he would, afford them protection. By such an act
be releases the subjects thus banshed from the bond
Of allegiance. Any other result would make the 90.
tical connection between the subject aud the sove-
reign state Of upmtgated vassalage, in which all
the duties and rights would be IN one ride, aud
all the rights and no duties would be on the other.
koe'za must be regarded as having been banished
by Austris, for he was Que Of the Hungarian refu-
gees whom she procured to be expelled from turkey
| IN 1861. They were released from confinement 1t
kutahia on copdion Of submitting to perpetual ban
ishmebt, and she hsd two persons present at their
departure who claimed and obtained there an &C.
tive share In the arrangement" Koszta could never
thereafter be irightfully. demanded as an Austrian
subject
The proposition that Kosza at Smyrna was not an
"Ausfran subject" can be sustained on another
ground. By decree of the Emperor OF Austria Of
the 24th OF March, 1882, Austrian subjects
leaving the dominoas of the Emperor without
perm,s ion Of the magistrate and q reeaee Of Aus
z1sn citizenship, and with intention never to re-
turn, become "nDlawfuy emigrants" and lose all
their civil and political rights at hOme.-(Ency.
Amer TIT. Emigration, KenE's Com so, Sly