The Camden weekly journal. [volume] (Camden, South-Carolina) 1853-1861, 1853-10-11

the Austrian agents III lIaL AFFAIR us uiift" iul
and violation of its sovereignty but not one
word of complaint, not murmur OF d'ssails-
fact on, from Turkey against the conduct ot
the functionnries Of the United States at Smyr-
ma has vet reached this government. This is
certainly an anomalous case: Austria arragns
the conduct of the United States for violating
tic rights of Turkey in the koszta affair, Tur-
key, the offended party, exhonorates the United
States, and protests against Austria, our aceu'
ser for the same offence"
But if Austria has such authority by treaties
as she claims, it extends only to "Austran sub.
jects," aud Kosza cannot be such, after having
been bauiShed from Turkey, Austria being a
party to the punishment; and also, since by
decree of the Emperor of Austria of the 24th of
March 1882, Austrian subjects leaving the do
minions of the Emperor without permission of
the magistrate and release of Austrian citl-
zenship, and with an intention never to return
become "unluwtul emigronfs," and lose all
their civil and political rights at home. This
forfeiture is held to dissolve all connection.
That koszta declared himself Hungarian
on board the Austrian vessel, though stated ny
Mr.. Brown who was not present, is denied by
Captain lngrahan,, who was His therefore at
least doubtful if he said so. Mr.. Marcy con-
cludes that those who acted on the part of
Austria had no right whatever to seize and i'm.
prison koszta; and he proceeds to say that the
Turkish authority being dormant, Austria with
out authority making the capture by Greek
ruffians IN violent manner, and the American
officers being prevented (even if they had no
authority from the Government )-all were with
out the pale of civil or International laval
were in the same condition in respect to rights
and duties as they would have been in an unap-
prupriated region beyond the confines of civil
ization liege subjects Of the law Of nature,
moral agents, who should simply do unto others
us they would others should do unto them, and
hence 10 protect the weak from the tyranny of
the strong.
But, to place the justification of the Ameri-
can agents still further beyond controversy,
koszta had 'the national character of an Anne
rican, and the Government of the United States
had the right TO extend its protection over him."
The certificate he bore and exhibited to his per-
secutors was genuine; and it clothed him with
American nationality. A nation can give this
protection to others than native born or adop-
ted citizens. The doctrine of international law
admits this 1t gives the national character of
a country to all residents who have domicil
therein, whether they will or not "lf a person
goes from this country abroad, with the ma
tionalty of the United States, this law enjons
upon other nations to respect him, in regard to
protection, as an American cilizsn. 1t con.
cedes to every county the right to protect
any and all who may be clothed with its ma
tionaity" Mr.. Marcy sustaus these positions
by the facts in Koszta's case, and the citation
of numerous approved authorities. lie also
maintains in the same manner that his domcil
had not been forfeited by his temporary ab.
sence. The right to protect any one thus en-
titled to our protection is avowed, and the OBJ
legation is denied Of explaining such conduct to
any foreign power. In obedience to law, pay.
ment Of taxes, submission to various ricissI-
-tudes, 10 the disasters of war, &C., the mere re-
sident participates in many of the duties of the
citizen, and the protection of the mark of ma
ti,nality is his right
Respecting the supposilon that protection
NAV thus be claimed by mere agitators who
may come to this country to obtain aclalm to
it, and then retire to their chosen scenes of ex-
element, Mr. Marcy says that "such devel
opement would efcctually disprove the fact
that they acquired domicil and title to nation.
allity (the Intention being inferred from facts
as well as declarationS.) Protection over ad-
venturers US seditous propagandists is dis.
claimed.
Again: By the laws of Turkey, perons who
are not of that country and its religion, are re-
ceived under the protection of the resident Con-
suls of of other Powers, irrespective ofthe coun-
try of their birth or their allegiance, and inter
national law recognizes and sanctions the rights.
acquired by this connection and koszta was
hence invested with the nationality of the I'm
tied States, even if he had not been before.
Now, in regard to the expected "mode' of
Captain Ingraham' cooperation with our Con-
sui. No offence was given 10 the Austrian
Government through its Consul, whose agency
was concealed and elandes,ine The interpo
sition Of Captain Ingrabam was requested by
Mr. Brown, our Charge pro tenn. Captain In.
trshan tried other means to effect koszta's re-
lease and failing. menaccd forcible means in
resistance of force and illegality. The first
aggressive act was the seizure of Koszta the
first improper use of a national ship. the i'm
prisonment Of koszta therein. If Austria up
holds the conduct of the commander, she is the
first aggressor. This act of the commander Of
the Huzzar led to the series Of other acts which
constitute the ground Of complaint against the
United States. No one who would question
Captain lngraham's right 10 arrest the proeee'
dngs of Kidnappers in the streets, and rescue
Koszta from their hands. If he could have
properly interfered in the first stage, he might
DO so in the last The actors were all wrohg-
doers; and if they chacced to have the pos
session of a national ship, and converted it in
to prison, that ship was not entitled to the