Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-10-01

ish Government They were however confined at Kuta-
hia but at length released with the understanding by
express agreement Of Austria that they should
Turkey and go into foreign parts Most of them it is
believed before they obtained their release, indicated the
United States the country OF their exile 1t is aeg
ca that Koszta left Turkey in company with Kossuth
this is believed to be mistake and that he engaged
never to returnthis is regarded as doubtful To this
of banisen for such rs the true character Of
their expulsion from Turkey Austria gave her consent
in truth il the result Of her efforts procure their
extradon and accepted by her substitute for
il. She had agents or commissioners at Kutahia
their embarkaon and her the legal consequences
of this the il il had been done directly
by herself anu not by the agency Of the Ottoman
Koszta came TO the United States and selected this
try for his future home
On the 31st of July, 1862 he made declaration un
OATH before proper tribunal of his intention to
citizen Of the United States and all al
lcgance to any other State sovereign
After remaining here year and eleven months he
returned account is alleged Of private business
Of temporary character to Turkeyin American
sell claimed the rights of naturazed American citizen,
and offered to place himself under the protection the
United States Consul at Smyrna. The Consul at first hest
tated to recognise and receive him such but after
wards and time before his seizure he and the
American Charge dAharcs dd interim at Constannople
did extend protection to him, and furnished him with
tszhereha kind Of passport 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. 1t important to observe that
there exception taken his conduct after his
to Turkey, and that Austria has not alleged that he
/
than the transaction of private business. While watae
.li~o.i, opportunity the United
States, he was seized by band Of lawess men, freely
perhaps harshy characterized in the dispatches ruf
fans" Greek hirelings, robbers" who had not nor
did they pretend to have, any color of authority
ting from Turkey or Austria, treated with violence and
cruelty and thrown into the Immediately thereaf-
ter he was taken up by boats crew, lying in wait for
him. belonging to the Austrian brg-of-war the Huszar
forced on board Of that vessel and there confined in
irons. 1t is ayowed, it then suspected that
hy he
Austrian Consul General Smyrna but is not pre-
tended that he acted under the civil authority Of Turkey
but the contrary is admitted that application to
the Turkish Governor Smyrna that magistrate refused
to grant the Austrian Consul my authority to
I Koszta
The Consul of the United States at Smyrna as soon
ne heard OF the seizure of Kosz and the Charge DAT
fares OF the United States ad iar at
afterwards interceded with the Turkish authorities with
the Austrian Consul General smyrna and the COM
mander of the Austrian brig for his release on
the ground of his American nationality To support this
claim Kosztas original certificate Of having made
oath, IN court in New York, declaration of intention
70 become an American citizen produced at Smyrna,
anu an imperfect copy of placed in the hands Of the
peral Austrian lnternunGo at Constantnople The APP
plcation to these officers at Smyrna for his liberation
well as that OF Mr. Brown Charge dAaircs, to Ba-
ron de Bruck, the Austrian Minister Constantinope
was fruitess and it became notorious at SMYRNA that
there was settled design the part of the Austrian
ncias to convey him clanestney to Trieste city with
IN the dominion of the Emperor of Austria OPPORTUNITY
the United States sloop-ofwar the St Louis under the
command OF Capt Ingraham arrived in the harbor of
Smyrna before this design was executed The command
er the 81 Louis from the representation of the
made TO him. felt it to be his duty unquestonaby
was TO inquire into the validity of Koszta claim Ame
rlcan protection He proceeded with deliberaton and
prudence and discovered what he considered just grounds
LOT lhqung into hosztas claim to be discharged
count OF his American ndGondLiy During the tendency
Of this inquiry he received notice of the design to
hoszta candestinely before the question at issue
settled INTO the domnions of the Emperor Of Austria
other of bnlf besdp he
covered design of eyading the inquiry Capt 1ngraham
demanded his release and ntimated that he should
sort to force if the demand complied with by
certain hour Fortunately however no force was used
An arrangement made by which the prisoner was de-
Yered 70 the custody of the French Consul General to
be kept by him until the United States and Austria should
1 agree as to the manner Of disposing of him.
Tins full statement of the facts deemed important as
y wl correct some errors and aid in presenting with
distnctness the questions to be discussed.
The undersigned will proceed present the views
OF the PRESIDENT upon this TRANSACTION and his reply to
these several demands.
His Imperial Majesty demands that the Government Of
the United States shall direct Koszta be delivered
him that it shall dsavow the conduct of the American
agents in this affair." call them to account, ard
tender satisfaction proportionae to the outrage.
In order TO arrive at just conclusions il is necessary
ascertain and clearly define Kosztas political relation
with Austria and with the United States when be was
seized st Smyrna This is the first point which naturally
presents itself for consideration and perhaps the most
important one in its bearings upon the merits of the
There IS great diversity and much confusion Of opinion
as to the nature and obligations of allegiance BY
1t is held to be an indestructble political tie and though
resulting from the accident of BIRTH yet forever
binding the subject to the soyereign by others
sdered political conncxion in the of civil
tract, dssoube by mutual consent but at the OPP
ton of either party The sounder and more prevalent
doctrine however is that the citizen subject having
faithfully performed the past and present duties resulting
from bis relation to the sovereign Power may at time
release himself from the obligation of allegiance freely
quit the land of his birth adoption seek through all
countries home and select any where that which offers
him the arest prospect of happiness for himself and his
poserty When the sovereign power wheresoeyer may
be placed does not the ends for which il is be-
slowed when IS not exered for the general welfare Of
the people, or has become oppressive individuals this
right to withdraw rests firm basis and is similar
IN principle TO the right which egmates resistance to
tyranny.
Il The conflicting laws the subject Of allegiance Of
municipal character. and have controlling operation
beyond the territorial limits Of the countries enactng
them All uncertainty we'll as confusion this sub
Ject IS avoided by giving due consideration to the fact
at the partes to the question under consideration
are two independent nations and that neither has the
ght 70 appeal its own municipal laws for the rules to
settle the matter in dispute which occurred within the
jurisdiction OF a third independent Power.
Neither Austrian DEGREES nor American laws can be
properly invoked for aid direction in this case but in
law furnishes the rules for correct decision
ana py the hight from this shed upon the
ton ut smyrna are its true features be discerned.
hoszta being beyond the jurisdiction Of Austria, her
laws entirely imperative in his case unless the Sui
tan OF Turkey has consented to give them vigor within
his dominons by treaty stpuaons The law Of nations
has rules OF Its own the subject of allegiance and dis
regards generally all restrictions imposed upon it by
nicipa codes
This is rendered evident by the proceedings Of in
dependent States in relation 10 extradon No State can
demand from any other, OF right the surren-
der OF natveborn or nauralzed citizen or subject