Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1853-10-08

noutly incorporated into its political COM
mupiiy, giving effect to these well estuL.
lished principles, aud applying them to the
facts in :ho ease, the result is, tina: Koszta
acquired while in the United States their
national character, that lie retained that
character when he was seized at Smyrna,
end that no had a righ: to be respected as
rAch while there, by Austria and every
other foreign power. The right Of a IA.
ton TO protect, and require others to res.
poet a. Lomc and abroad, all who are cloth.
cd with It's nationality is no new doctrine,
now for the first time brought into opera.
ton in the Unilcd States. II is common
to all nations, aud has had tho sanction Of
their practice for ages-but it is new that
q, this time, when the United States assert
claim to it as q common inheritance, 1t
should at once be discovered that it is
doctrine fraught with danger, and likely
10 cOmTromise the peace Of the world -
The United States sec no eaRsc for alarm,
No reason for renouuciug for themselves
wha: others have go long and 50 harmless
j. enjoyed.
There is another view Of this case which
places the conduct Of the agents Of this
government at Smyrna upon equally dcfcn.
sibe grounds. The American Consul
there, und the American Legation at Con-
Btantinople, acted with great caution in
relation to Kosata's claim to he regarded
as cutitlcd to the protection Of this gov
err1lent. .ts his naturalization had not
been perfected, they hesitate'l at first 10
receive him under their protection; but
the facts show tina. they ultimately yield
cd to his application. He received from
each tozkerah, in effect 4 certificate, that
she person to whom it is giyen is cared for,
and received under the protection Of the
government whose agent HIS granted 1t.
By the laws OF Turkey and oihcr Eastern
nalioas, the Consultates therein may re.
ceiyo under their protection strangers and
soiournqrs, whose religion and social man
mrs DO not assimilate with the religion
End manners Of those countries. The per-
san thus received, becomes thereby invest
cd with the nationality Of the protecting
Csnaultates.
These CousuItatas and other European
establishments in the East are in the con-
stan: habit of opening their doors Tor the
reception Of such inmates, who are recelv-
Ell irrespective of the country Of their
birth or allegiance. 1t is not uncommon
for them to have large Dumber Of such
pro:egccs International law recognises
ana sanctions the rights acquired by this
oonnectian. According to the principle
established IA his ease, Ko:zta WAS invest
ed with tie nationality Of the L. States,
II he had it not before, the moment he
vas under The American Cousu! at Smyr-
IA, and the American Legation at Con.
stantinoplo. That he was 50 received and
established by the teake.ah they gave him,
and the efforts they made Cor his release.
The C,uge d4fairs al interim Of the
United States at uonstantinople, in let
ter of tho Goth June, addressed to the In
perial lnternuncio, states lit was-on pre-
scpt;nT his declarations Of Allegiance to
the Consulate Of the United States Of A
merica ut Smyrna, and to this Legation,
flat the said Koszta was furnished With z
.czkerah to come to Constan:inoplc and re-
turn to Smyrna, whence he was to start
for New York.
"sircc his arrival in Turkey he has re.
sided under the protection Of my govern.
n,cnt, and it is pleasure to me to be able
10 state that bis conduct has always been
irreproachable. Having been received
under the protection of these American
establishments, he had thereby acquired,
according to the Law of Nations, their M.
tionality, and when wrouged and outraged
as he was, they might intcrpose for bis lib
Grafton, and Captain Ingr,hau had a right
10 cooperate with them for the accomplish
meut Of that object. The exceptions ia
ken to the manner Of that cooperation re.
main to be considered. The FIRST aggrcs-
aiye act in this ease vas the seizure of
Ko;zts at Smyrna, committed by the pro-
curemcnt Of the Austrian functionaries.
The first improper use Of a national ship
the imprisonment Of KOszta therein,
was made by the Commander of the Aus
,riap brig Huzzar, That ship Was con-
yerted into a prison for the illegal dcten-
ton of person clothed with. the nation
ality of the United States, and consequent
IL entitled to their protection. If Austria
upholds, as it appears she docs, the COIL
duct Of the Commander Of the Huz2ar,
she is IN fact the first aggrcssor. This act
Of the Commander of the Huzzar, led TO
the series of other acts which constitute
the ground Of complaint against the Uni.
ted States.
The alleged authority of Austria under
treaties being set aside, no one would have
questioned Capt, Ingraham's right had he
been present to arrest the proceedings Of
the Kiluappcrs in the streets of SMYRNA,
and reacuo Koszta from their hands. They
were acting without and against tie civil
authority Of the pIaco--thcy were commit
ting an strocious outrage upon d person
invested with the nationality of the United
States. II he could have properly interfer'
r.. A., 9 Ill, l,,rlnCu froug.