The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-04
The Austrian KOsZta Manifesto.

The United States aud Austrla-The Kosxta
Difficulty, &c.
The Paris correspo ,dent of the London Times
writing on Sunday, August Goth, says The fol-
lowing memorandum has been communicated by the
Austrian Minister for Foreign Affairs to the ministers
of the several foreign courts
The events Of the I'd of July at Smyrna present
in double point OF view q serious deviation from
the rules OF international law.
1st. The commander of the United States ship of
war Saint Louis threatened his Imperial Maiesty's
brig, the Hussar with hostile attack levelling his
guns against the latter and announcing, in writing
that if certain individual detained on board, and
whose nationality was contested between the agensof
| the two governments was not surrendered to him
| at certain hour, he would take him by force.
| 2. This act Of hostility was committed in tho port
of neutral power, the friend Of the two nations.
No doubt the threat to attack The ship Of sovereign
State, and which carries its flag, is nothing less than
a menace Of war. Now the right to make war is
necessarily, and by the very nature Of that right
Inherent in the sovereign power. "A right of such
great importance (says Vatte, Lar Of Nations
volume 9 book 3, chapter ~ the right of judging
whether nation has real subject Of complaint, ii
it be case to use force to take JUSTLY prudence
permits it-if the good of the State requires t-this
right say, can only belong to the nation or to the
sovereign which represents it, 1t is no doubt among
the number Of those rights without which govern
ment cannot be conducted III q salutary manner and
which is called the right Of majesty. The founders
fully acknowledged, from the commencement of the
Union the rights reserved for the sovereign power
The articles OF confe 1eration and perpetual union
between the Rtates of New Hampshire Massa.
chusseetts, &C.. Of the 9th Of july l77s contain the
following stpulations:-"T Congress o. the United
States shall alone and exclusively exercise the right
of declaring war and making peace
This basis OF the public law OF North America
has been mantained and sanctioned by the consti
tuition OF the United States Of the 18th Of September
l7s7 which in the Sth section explicitly reserves to
the Congress the power OF declaring war The con-
stitution of tie United States is in this respect Ia
perfect harmony with the public law OF Elrope.
But this right, which is reserved for the Supreme
power Of each State, would be iusory and null IL
the commanders OF naval forces, or others, were
authorized either explicitly or tacity to undertake.
either at their own suggestion, or az the command
or with the assent Of III pomatic or consular agent,
acts of hostility or OF war against the ships troops
o. another nation without special order from the
supreme authority OF their county, notified in The
terms prescribed by the law of nations. 1t il
impossible that the regular governments OF
the civilized world should expose their authority,
as well as the general peace, to the chance
OF hostiities commenced without their knowledge,
aud without the special authority Of the sove-
reign power, by any functionary IN foreign parts.
We arrived at the second Of the Two questions Of in
terlational law mentioned above There is no doubt
that ii there be any point OF maritime end interna
ti0na law precise, ciear and adopted by al nations
in the world, 1t is the invoabity OF neutral ports
the absolute prohibition % commit any acts OF war
OF VlOleHSe tHtEe tNSN HShiuSS III enemy against
whom war has been declared. Modern history
affords but few examples Of the latter case. One Of
those rare examples the attack Of tie DntCh East
Indian feet which had entered the pert oflBergen,
n Norway, by an enemys admiral aud. although
that alta c was repused by tae cannon Of the forts
Of the neutral port, Fattel, authority universally
acknowledged on the law Of nations, nevertheless
accuses Denmark, the neutral power, Of having COM
plared too quietly OF proceeding SO injurious to IFS
dignity an6 its lights. In order the better TO cs
tablsh the accord between all nations and all legsts
on this question, we may quote the authority Of an
American statesman.
The following is tic opinion pronounced by Mr.
Henry Wheaton -
The rights Of war cannot be exercised except
within the territory OF the heigerent powers, or
out al sea, or within territory bavirg no owner.
II follows that hostties cannot be fairly exercised
within the territorial jurisdiction Of the neutral
State which the common friend OF the two parties.
Not only are all captures made bybegerent cruisers
within that jurisdiction Illegal and null but the cap.
lures made by ships of war; which place themselves
within bays, rivers, at the mouth Of rivers, or in the
harbors OF neutral State, to exercise the rights Of
war from that station. arc likewise null. Tor Sx-
Example, when = British privstecz staaone.