The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-10-12

ueed he advised II. In letter 10 MS gov
ernment, dated the Sd of September, l849,
he says: "On grounds of humanity, not
unmixed with consideration affecting the
Porte's character and future policy. have
not hesitated to advise a decided resistance
to the demand of extraditicn." From anoth
er letter of this ambassador, dated the 18th
of December, commenting on and commend
ing the courageous firmness of the Sultan,
in refusing the demand of these powerful
emperors for the surrender of these fugitives,
On the same pretence as now set up by one
of them to justify the seizure OF Koszta, this
extract is taken:
"Allow me to add, my lord, that in pro-
portion as | admire the courageous frmness
with which the Sultan and his government
have determined to make this stand in the
cause of humanity and of the rights of hon
Or and dignity, against demand alike OBJ
iectional in substance and in form, | feel a
deepening anxiety for the result of their re-
sistance, and for the degree ofsupport which
her Maicsty's government and that of France
may find themselves at liberty to afford /, not
only in the first instance, but in still graver
circumstances, should the present partial
rupture unfortunately assume more seri-
Gus and menacing character"
In these views the French minister resi-
dent at Constantinople fully concurred, and
SO did the British and French governments;
and both were prepared to espouse the cause
of Turkey, if her humane and honorable
course in refusing these unwarrantable de-
mands had provoked the resentment and
brought down upon her the hostiI'ies Of
these mighty potentates. The opinions ct
other distinguished men, approving of the
decision Of the Emperor of Turkey in reius-
ing to surrender the Polish and Hungarian
refugees, both on the ground of humanity
and right, have falien under the notice Of
the undersigned, but he has forbome to
quote them on account of the unworthy mo-
tive ascribed therein to the powers making
the demand, and the harsh epithets by
which their conduct is characterised.
1t is an incident of great significance,
and bearing authorltively upon some of The
sLimportant qucs ions now raised, that the
case of Koszta (tor he was one of the Hun.
garian refugees then demanded) was fully
discussed in 1849, not only by the parties,
but throughout Europe, and decided against
the right of Austria to require his eXtradi,
tion, either under the law Of nations by eX.
isting treaty stipulations. The decision
deeply interested not only rulers and stat IS
men, but the great body of the people o
every country. They investigated its mer'
its, a mitted its justice, and commended the
the frmncss and humanity of the Sultan fol
his course. .
1t is to be regretted that this claim for the
surrender Of Koszta and his companions
so fully considered then and SO sgnally
overrucd, should be again revived by
! Austria under circumstances which make the
United States a reluctant party in the con
troversy. The claim has been repudia. ed
| by the general judgmentof Europe, and this
government is unable to discover any suf.
licient reason for dissenting from that deci
sion.
/ Austria appears to have been aware that
her right to seize Koszta could not be sus.
tanned by International law, and she has at
tempted to derive it from certain treaties,
or "ancient capitulation by treaty and
usage" The very slight and explicit man
rr in which this authority is adyerted to III
Mr.. IIusemann's note apparently indicates,
if not want of confidence in it, at least d
desire not to have it scrulinized. If there
really was such an authority, and it was o
such an extraordinary character as it is as
sumcd to be, it must have constituted as
Austria must have clearly seen, the main
strength of her case, and she would not
have referred to ii in such manner as t.
leave the very existence of it open to doubt
or question. The paragraph referring to il
is the following:
H "As there can be no doubt, therefore,
concerning the question of nationality the
Consul General OF the Emperor at Smyrna
was without doubt perfectly justified when,
in virtue ofthose treaties which subject Aus
trian subjects in Turkey to Consul jurisdict.
ion, he seized the person of koszta within
the pale of his jurisdiction" '--
If there be such treaties comforting such
power with such extraordinary means ot
enforcing it, strange indeed it is that more
prominence is not given to the fact in Mr.
Husemann's communication. Why arethe
dates of these treaties withheld? What
is still more important why is not the langu-
age conveying this authority quoted? The
undersigned is constrained, for reasons hp
will briefly assign to question the accuracy
of the Interpretation which derives the right
claimed in the above paragraph from any
existing treaty between Austria and the OF
toman Porte. 1"
The Austrian internuncio at Constantine.
ple, in conference with Mr.. Marsh, the
American Minister Resident spoke Of such Z
right as derived from ancient capitalization,
by treaty and usage" 1t is not shown OF
alleged that new treaty stipulations sine,
/ 848 have been entered into by Turkey an(
Austria. The ''aaclent capitulations" wer'
relied on to support the demand in that yea
for the surrender of the Hungarian refugees
they were scrutinized, and no such author
ty as is now claimed was found in them,
The French and English Ministers at b Con
tantinople, who advised and sustained ths
Sultan in resisting the demand tof Auslrif
for their extradltion, wouIdno have given
such advice if they could hayeifcupd mex
isting treaties any authority for thatdemanG
or any Obligation on the part Of the Sultan
to yield to it. Lord Palmerston, then hel
Britanic Majestyis Principal Secretary .
State for Foreign Affairs carefully examined
these treaties, al d expressed his conclusion.
thereon in letter to Sir Stratford Canning
dated Gath 1919. In this letter. which con
tanned an extract from and Of these treaties
that of Belgrade--7and referred to tho