The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-31

hall by Lord Chatham, Wat allegiance aId proscC1on
lsnd have forfeited the allegiance dae them where
they refused protection to the subject IL therefore
an individual who has declared his inteatons'
owes this republic his alleeiance, owes him its pro
lection. Will any responsible person vent1rs to affirm
that the hundreds OF thousands who have during the
last Eve years immgrated and taken up their homes
amongst us, and who can as yet nave only declared
their Intentions" to the United States no ALE
glance? If they do not, are not our laws permitting
inmg ration, madness, AMI our piinicipal laws, ex
actions and taxes on these vagran.s, II indeed they
be vogrants base and mean eXtornon! SHOULD we
not in that case write down Thomas Jefferson idiot
and iucendialy, expel these people oy even &c POS.
facto "alien laws" snc refund them the taxes they
have paid their capital Of labor or money, and 50
FORTH with interest, on The oeusion we have prac.
tsed, and beg grace from the ghos Of John Adams!
If Otherwise-i, they be not Migrants, aliens, Will
dogs of the DESERT shmaeites, with their right arms
raised against every man and every mans right arm
raised against them, do we not owe them projection
from outrage?
Two other points deserve Incl lenta mention. One
is, that in the war of 1912, the Canadian frontier
the British authorities asserted this doctrine of the
right to hang Irish born citizens whom they took
prisoners Of war. General Scott with that manness
and military directness for which be is distinguished
az cnce threatened reprisal by hanging double the
number of British prisoners of For the OCCASION
that settled the difficulty. The threat saved the In
at hand capable of Ieprsal, is it certain that
Irish born citizens woull not have very soon been
suspenlng proofs of the want OF this sound and ne
cessary principle of American law! 1t is essential
in the present state the world not to trust to any
such emergency, but by declaring a distinct aud
rigid principle of American law with regard to all
who have given their allegiance, to put il out Of
| the power of any hostile force to make such de-
mOpstratiCn in ignorance Of its consequences, to
render il necessary for any American officer to con-
| fine himself to such threat
| Another argument fortiori in our favor, seems
| to present itself when government like that Of
i r do
outlaws subject, who subsequently takes the stLtns
of American citizen But on this we place nothing
but most worthless reliance The police regulations
OF Austria and some other European governments do
indeed exclude from rsturnlng any who have stayed
without it's territory beyond certain time. But this
amounts to penalty not in their ideas or they have
no laws) to release from subjection No European
| power acknowledges the right of repatriation by
| the voluntary act of the subject. The English
criminal in the penal colonies is still subject
Even the French government, avowing ostracsm,
denies that right. Our doctrine is directly the re-
verse. We can ostracise no nan-there is no con-
stitutona power in this country to Danish from its
limits single individual-but any individual has
right to ostIacise himself, to Danish himself, and
change his country as he pleases.
We have shown there Ore, what American prac-
tice was in 1872 10 Irish born soldiers in
vice. We have shown also the manner in which
Napoleon acted as to the members OF his army But
these, it will be said, all as to soldiers But here
there is no difference as to protection between the
soldier and the citizen. Our institutions depend
more upon the citizen than the mercenary, and all
our citizens are soldiers. We claim nothing, have
never claimed anything, for "sojiers 1T is as
citizens we have made their rights and our own, re-
| spected.
| If anything could add to the force Of these posi-
tons, it is the fraudulent and base manner in which
the Austrians seized their victim. They ot dare
! to plead mistake as to the individual. The com.
maj der of the Austrian brig, on the very day Of
Koszta's arrest, called the Pacha of Smyrna and
told him there was there individual he wished TO
make away with. The Pacha informed him Of the
Turkish law, and that such an outrage could not be.
This Austrian gentleman assented. Immediately
the victim was attacked On the public wharf, not by
Mosem officers or police, not even by the native
bailis attached to the Austrian embassy, not
yet by Austrian sailors of the brig, as 1t their
manGer would dare to ay0w 50 far the outrage he
perpetrated, but by hired gang of Greek despera-
does ard murderers, the very thugs and scum of
Smyrna. The Austrian commander could have
known, moreover, from the Turkish Police, that
koszta bad an American declaration; and, moreo7e
his chief ground of attack IN this hidden and truou
lenty assassin shape that his victim had been in
the United States, ana " had come from the United
States 1t was We who were outraged, not Koszta.
We conclude therefore that koszta is entitled to
the protection OF the United States that the Aus
TITAN officers committed gross outrage, piracy aud
kidnapping Of one loco Of on American citizen );
that by subsequent acts they persisted in and agra
waited that outrage that Koszta must be surrendered
with ample rcparation; that the laws of our citizen
ship must be Established and respected by the Euro
pean powers, one and all; and thai the admnistra-
ton OF General Pierce will not decline the ,esoon
sibiliiy,i