The miners' express. (Dubuque, Iowa) 1849-1854, 1853-10-12

ofthe Austrian agents in that affair as unlaw
al and violation of its sovereignty but mo-
me word of complaint, not murmur OF dissatis
action, from Turkey against the conduct Of III,
functionaries ofthe U. S at Snyrnl, has ye
reached this government. This is certainly or
| anomalous case Austria arraigns the u, s
for violating the rights Of Turkey in the X oszt
affair Turkey, the offended party, exonerate
the U. 5 and protests against Austria, our &C
cuser, for the very same offence
= These considerations have led the undersign
ed. as he believes they will lead all others VIII
duly reflect on them, to the confident concn
sion that there exist no treaties between Aus
tria and Turkey, which could justify or in an
way countenance the seizure Or imprisonmen
of Koszia by the Austrian functionarles
But if Austria really has such authority b,
treaties as she now claims, it conf, ssedly ex
tends only to" Austrian subjects 1t coul
not therefore, be applied to Koszta, unless h
was such a subject at the time he was seized =
Ii the question OF his nationality is Ia be settle
by international law, the only code which fur
nish"s the rules by which this question is +
be determined, there is good reason for ad
judging him to have been, when seiz, d at Smyr
ma, an Austrian subject But settle This question
as Austria would have ii settled, by an appeal L
BY The consent and procurement of the EN-
peror OF Austria, Ko>z'a had been sent into per-
petual hanshment The Emperor was a part,
to the expulsion of the Hungarian refugee.
from Turkey. The sovereign by such an ac
deprlves his subjects 10 whom it is applied Of al
their rights, under his government He place.
then where he cannot, if he would, afford then
protect on. By such an act he releases the
subjects thus banshed from the bond o. aleg
ance. Any her result would make the poti-
cal connexi III between the subjec, and the SOW
ereign state of unmigated vassala re, in which
| all The duties and no rights would be on one
side, and all the rights and no duties would be
| on the other. koszta must be regarded as hav.
! ing been banshed by Austria for he was one
| OF the Hungarian refugees, whom she procured
| to be expelled fro". Turkey in 1851. They were
| released from confinement at Kutahia on cond-
ton of submitting 10 perpetua punishment, and
she had two persons present at their departure
Z" who claimed and obtained there an active
| share IN the arrangements KpsZ.a could ne
yer thereafter be rghtfuly demanded as an
Austrian subject.
The proposition that Koszta at Smyrna was
not an " Austrian subject can be sustained on
ano her ground. BY decree of the Emperor
OF Austria Of the Gath OF March, 1882, Austrian
subjects leaving the domihiohs of te%t tefsrr
| with ut permission Of the magistsate and re-
lease OF Austrian citizenship, and with an in
tention never 10 return, become uniascfuL en-
igrants," and lose all their civil and political
rights at home.-(Ency. Amer. Tit. Emigration
2 Kent's Com, so. 81
kosta had left Austria without permission,
and with the obvious and avowed intention new
er to return he was, therefore, within the strict
meannr Of the imperial decree, " an unla " ful
mt had
atty of that offence by the loss OF all his civil and
political rights If he had property it had es-
| cheated, as he was reduced 10 a state worse than
absolute alenage for aliens have, by right, the
benefit Of the civil laws for protection, in what.
ever country they may be. Stripped by this
imperial decree ofcivi and political rights, Kos
Eva had, in Austria, no redress for personal
wrongs, and abroad he had no claim TO protec.
ton frem The government hat would still hold
him as subject. He was, in regard to Aus
tria, an outlaw. What right can a sovereign
have to the allegiance Of a person reduced BY
him to such miserable condition 1t seems
to have been the very object of the Austrian
decree to dissolve the previous political come K
ion between the unlawful emigrant' and
the Emperor. In Koszta's case it was dissol-
we'd.
Some Importance seems to be attached to
Koszta s own opinion of his citizenship The
note Of Mr.. Hulseman conveys the impression,
though it does not contain the express aver
| ment, that he acknowledged himself to be a
subject ofthe Emperor OF Austria. The pas
sage, when closely examined, shows that the
alleged acknowledgment is only an inference
from undisclosed premises. The language of
the note on this subject is the following -
I" The very declaration of that refugee on board
Of the Huzzar, in the presence Of the American
Consul and the commander of the st. Louis,
| shows that he still considered himself as sub.
ject Of the Emperor" The declaration referred
to in support Of this inference is not given, but
it is undoubtedly The response Kos,a is reported
| to have made when Intercepted as his being an
american citizen: ri am a Hungarian, and
will live and die Hungarian" Mr. Brown,
The Charge d Affaire nd interim of the United
States at Constantinople, who was not at Smyr
ma at any time during the transaction in relation
to Koszta, stated in letter 10 Baron de Bruck
something like the fore going declaration; but
Captain lngraham, who was present, as Mr.
Hulsemann states, when Koszfa was examined,
and made the declaration imputed TO him, says,
N writing to the Minister Resident Of the Uni
ted Sites: 81 am astonished to see by Mr..
Browns letter hat Koszta declared himself on
our frs interview Hungarian did not hear
him say 50" II may well be doubted whether
koszta ever used any such language. Should
ii however, be admitted that he did make that
or similar declaration, it cannot be fairly I'M
derstooa to imply an acknowledgment that he
then subject o. the Emperor Of Austria
To apprehend rightly what he meant by such a
declaration, it is proper 10 consider his situation,
his known sentiments and his antece dents In
his mind no two things could probably be more
distinct from each o;hcr Than Austria and Hun
gary. One object of his aversion-the
n ltnr ,fl.. = 4, L
tered around the land OF his birth, and were the
more intens. because hn thonGnt that country
had been cruelty wroaged and h. knew it was
unfortunate. In his visions of the future he saw
a happier destiny for Hungary. lie saw her
standing proudly among the Independent nations
ofthe earth, under crmen, Cover iment eman
ating from the will oi the people, and defeating
is constitutional authority 10 their general well
fare. In the fallen condition of Hungary he
thought it base to dsown her, and glorious TO
claim her for the land of his birth His situation
when this declaration is supposed to have been
made is also to be rega ded in inter preting his
words He was in the hands of Austrian agents,
loaded with fetlers, and warned of his own doom
by the knowledge Of the sad fate OF so many of
his unfortunate companions. In this forlurn
| condition he could not have intended, by the
language ascrIbed 10 him, TO acknowledge any
unbroken tie which then bound him to the Fin
peror of Austria.
The undersigned is brought, by fair appli-
ca ion OF sound principles Of law, and by care
ful consideration of The facts, to this important
conclusion-that those who acted in behalf OF
Austria had no right whatever to seize and i'm
prison Martin Koszta.
1t will be conceded that the civil authority OF
Turkey during the whole period Of the occur
rences at Smyrna was dormant, and in no way
called into action. Under these circums tances
Austria without any authprity-Tarkey ex-
ercising none-and the American func lionaries
as Austria asserts, having no right in tehalf OF
| their government to inte ftre in the affair, "a
proposition which will be hereafter contested
what, hen, was the condition Of the partie.
| at the commencement Of the outrage, and thro'
its whole pro resss They were all, in this view
| OF the case without the immediate presence and
controlling direction Of civil or International
law in regard to the treatment Of Koszta The
| Greek hirelings, Koszta their victim, and the
Austrian and American agents, were, upon this
suppositon, all in the same condition at Smyr-
ma in respect to rights and duties, so far as re-
yards that transaction, as they would have been
| in if it had occurred in their presence in some
| unappropriated region lying far beyond the con.
| fines of any sovereign State whatever; they
1 a.