Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1853-10-07
From the New York Courier and Enquirer, Wing.

From the New York Courier and Enquirer. Wing.
There is no mistake-there can be no mistake
there shall be no mistakes" was the formula of the
Duke on a memorable occasion. Mr.. Marcy has the
Wengtonan spirit. though not the Wellingtonan
sparseness of words He lets the light in in floods
upon this Koszta affair He illumnes beyond all
bounds. Not content with making his case plan he
fills every chink and saturates every part of it with
sunbeams We were at first quite out oil patience
with this profuseness of calculation. Such two
hours argument is thing almost unheard of in diplo-
macy. The very phrase $ diplomatic note" is sug'
gestive of conciseness. The masterpieces in this
line, everybody knows have derived great share OF
their force from their compression. Why. the preen.
sions of this same Austria annihiated three
years ago. on subject equally grave in ten times less
space than Mr.. Marcy has taken But after all we
don't feel like complaining. Even If the work is
overdone, it is done-doue thoroughIy-done, as Mr.
Hulsemann will, we think, admit with I" no mistake "
Mr.. Marcy is methodcally argumentative through
ont Al er recapi,ulating the facts of the case, he
proceeds step by STEP until he reaches his final
cusion. True. he sometimes haIts after reaching a
point in his argument, and suddenly betakes himself
to another path that brings him to the position
but this he does simply 10 make assurance douby
sure. He first shows that Austria had right TO ar
rest Kosza then that the United States had right
to project him.
To prove the want of right TO arrest. he starts
by showing that the extradi!on of Koszta by Turkey
was not required by the law of nations; nor by mu
niCpdl law, unless treaty 10 mat erect nad DeeH
made between Turkey and AustTia-then proceeds 10
show that although Austria does, in vague language
claim the existence of such treaty, the claim is the
very same which was set up by her in the controver
sy with Turkey respecting Kossuth and his fel ow re-
fugees in 1849-'5O and repudated as unfounded by
Turkey with the expressed appreciation of England
and France-that Turkey has always so discarded il
and has protested against il as unlawful and in viola
ton of her sovereignty, and that Austria herself has
refused 10 surrender Turkish refugees in Austria
the ground that there no treaty for extradon,-
that even ii were true that there were such treaty
it would not be applicable to Kosza, first, because
having been perpetually banished by Austria he was
no longer Austrian subject and owed her ale
giance,-and secondly because by Austrian law
(Which is quoed) he who leaves the country withou
permission, with intention never to return is deemed
an "unlawful emigrant" and " loses all his civil
and political rights at home,'-in other words be
comes outlaw entitled to protection and there
fore owing no allegiance. II is doubted whether Kos
Zta at the time of his arrest said that he Hun
garian, as imputed and even if he did, it is showr
that he could not have thereby that he was ar
Austrian subject. Thus it Is established that Austria
had no concern with Koszta in Turkish territory.
The right of the United States to protect him is her
demonstrated, first on the ground of humanity, Aus
lria in this matter acting without authority, and Tur
key exercising authority. but secondly and chief
ly, because nationsshave right 10 protect not only
native born and naturaliZed citizens, but dOmiclet
residents 1t is shown by argument and authorities
that domcile confers national character and that h
character is not lost by temporary residence from
the country with the intention of returnng-that the
honest intention of making protracted or permanen
residence in the country is the true test of domcil
and that this intention would be disproved by any at
tempt to use the protection of domicil shiel,
while leaving the country to operate against foreign
governments. 1t is also shown that KosZta not onl,
had national character by virtue of his domcil, blu
by the eskereh given him by the American Charge
Constantlnople, in accordance with the laws of Tur
key and other Eastern nations, whereby Consulate
may receive under their protection strangers and
journers, which usage is recognized and maintaine
by international aw-that Koszta having then in
two fold capacity this national character, it was tn
right of Capt. lngraham to protect him, and pre-
vent him, after being seized, from being taken t
Trieste, the design and that in exercising tina
right as he did. he had earned the commentators q
his government.
Mr. Marcy writes not only convincingly but coul
teously. His elaborate argument derives additional
effect from its calm, dignhed tone There are a fe,
passages in it, particularly that wherein he speaks
the feelings which influenced KosZta to declare him
self Hungarian. that are full of pungent meaning be
low their smooth exterior, but yet gravity truly ud
cal pervades the whole document. From begnnin
to end there is not particle of demagogueism in it
not line that is unworthy of American Statesman
1t will elevate Mr.. Marcy in the estimation of tn
whole country, and reflect credit upon the Admin:
tration of which he is the most important member
But will Austria be convinced and recan? Blind
e obstinate. as she has always been, and supported
8 she now is in her position by Russia and Pruss;
a how can we hope it How then is the matter to b
decided France has bound herself to take charge
G Kosza, until the parties in dispute agree in regard
, his disposal but if they do not agree and canno
what then Is France to be the TAILOR of Koszta il
S his life time? Would she if she could: Could ST
, if she would The Administration will continue
have need of all its wisdom.
Screw Propcllers In Steam Vessels.
10 in fhoT opIo D.