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

Neither Austrian DEGREES nor American law
can be properly invoked for aid or direction IL
this case, but international law furnishes thu
rules for correct decision, and by the ligh'
from this source shed upon the transaction al
Smyrna are lis true {; atures To be discerned.
K"szta being beyond the jurisd. Lotion Of Aus
tria, her laws were entirely imperative in hi
case, unless the Sultan Of Turkey has consent
ed to give them vgor within his dominions BY
treaty stpulations. The law Of nations ha
rules of lis own the. subject of allegiance
and d:sregards generally all restrictions imposes
upon it by municipal codes.
This is rendered most evident by the proceed
ings of independent States in relation tn Extra
dtion. No State can demand from any o,he,
as matter Of right, the surrender of native
born or naturalzrd citizen subject, an emf
graf, or even fugitive from justice, unless tn
demand is au hrr zed by express treat stipula
ton. International Jaw allows n, such claim
though comfy may ,metimes yield what ii h
withhods, To surrende,r political offenders IAN
IN this class Austria p aces knszta) is not
duty but, on the contrary; compliance vii
such a demand would be considered dishonor
able subscrvicncy TO a foreign power, and an &C
meriiing the repr"bation of mankind. As rem
derlng needless all further argument on thi
point, the undersigned will recall to Mr.. ilulse
mann recollection what TO * place in 1919 am
loJD in relation {, The reclamation Of PolsE
refugees in Turkey and Russia, and Of Hunaa-
ran refugees Of VIII IN Kosz'a was one) b.
Ans ria. This demand was made in concert a
It were, by two powerful sovereigns while thei
triumphant armies, which had just put an end IL
the revolutionary M vemen's in Hungary, stoot
nPon the borders of Turkey with power Il
eras her name from the list of nations She
might well apprehend Tor herself, as the nations
OF Wes'ern Europe apprehended for her, that a
refusal in her critical condition would put in
jeopardy her existence as an independent pow
er; but she did refuse, and the civilized worlc
jus flied and commenced the act. Both Austria
and Russia placed their respective demands on
higher grounds than right OF cxtradltion under
the law OF nations; they attempted to strength
en- their claim by founding it upon the OBJ "a
tons of existing trcaties--the same, unGoubt-
rdly, that are now urged upon the consideration
of the U. 5. Russia and Austria, however,
both submitted to the refusal, and never presun-
ed TO impue to Turkey to act of refusal a
breach Of her duty or violation Of their rights
TO sh w that the very same claims to right
now set up in this case were overruled and re-
pudiated in l049 and 1850, the undersign will
refer to the cotemppraneous views of eminent
statesmen in regard TO the conduct of the Sui.
tan IN refusing to surrender, on the demand OF
Austria and Russia, the Hungarian and Polish
refugees, who were claimed by these powers as
rebels and traitors.
Str Stafford Canning, the British ambassa
dor at Constartinople, entirely approved of the
Sultans course on that occasion-indeed, he
advised it. In a letter to his government, dated
the Sd of September, lS49, he says: son
grounds nnf mi rod with
erations as affecting the Porte's character and
future policy, l have not hesi'ated to advise q
decided resistance to the demand OF extradition y
From another letter Of this ambassador, dated
the 18th OF December, commenting on and com.
mendlng the courageous tirmness of The Sui an
in refusing the demand of these powerful en-
pcrors for the surrender of these fugitves, on
The same pretence as now set up by one of then.
to justify The seizure Of Koszta, this extract is
taken:
"Allow me TO add, my lord, that in proportion,
as admire the courageous 6rmness with which
The Sultan and his government have determined
To make this stand in the cause OF humanity and
Of the rights of honor and dignity, against de
mand alike Objectionable in substance and in
form, feel a deepening anxiety for the result
Of their resistance, and for the degree of support
which her Majesty's government and that OF
not only in the first instance but in still graver
circumstances, should the present partial rupture
unfortunately assume more serious and menac.
ing character"
1t is an accident of great significance, and
bearing authoriatively upon some Of the most
important questions now raised, that the case OF
kosZta (ior he was one of the Hungarian re-
fugees then demanded) was fully discussed in
lo49, not only by the parties, but throughout
Europe, and decided against the right Of Aus
tria to require his extradition, either under the
law Of nations or by existing treaty stipuIatous.
This decision deeply interests not only rulers
and statesmen, but the great body Of the peo-
pie of every country. They investigated its
merits, admitted its justice, and commended
the irmness and humanity Of the Sultan for
his course.
1t is to be regretted that this claim for the
surrender OF Koszta and his companions, so full
ly Considered then, and SO signally overruled,
should be again revived by Austria under. cir
cumstances which make the United States a
reluctant party in the controversy. The claim
has been repud ated by the general judgment of
Europe, aud this government is unable to dis
cover any Sufficient reason for dissenting from
that decision
Austria appears TO have bt en- aware that her
right to seize koszta could not b, sustained by
International law, and she has attempted to
derive 1t from certain treaties, or "ancient ca
p!tuiat'ons by treaty and usage The very
slight and inexplict manner in which this au-
thori y is advcred to in Mr.. Hulsemann nole
apparently indicates, il not want of confidence
in i, at least desire not to have it scrutinzed
III there really was such an authority, aud il
was of such extraordinary character as it is
assumed to be, it would have constii u ed, as
Austria must have clearly seen, the main
strength OF her case, and she would not have
f. Ered. 10 1t IN s4leA manner to leave the
very existence OF 1t open to doubt or question
he paragraph referring to it is the following :
"As there can be no doubt, therefore,, con:
corning the question of nationality, the Consul
General of the Emperor at Smyrna was with
out doubt perfectly justified when, in virtue Of
those treaties which subject Austrian subjects in
Turkey to consular jurisdiction, lie seized the
person Of kosz a within the pale Of his juris-
dction
III there be such treaties comforting such a
power, with such extraordinary means of en-.
forcing 1t, strange indeed it is that more prom
inence is not given to the fact in Mr.. Huse-
manns communication. Why are the dates of
these treaties Withheld? What is still more
important, why is not the language conveying
this authority quoted' The undersigned is con-
strained, for reasons he 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 Ottoman Porte
The Aust ian internuncio at Constantinople
in conference with Mr. Marsh, the American
Minister Resident, spoke Of such right as de.
riv, d from ancient capituations by treaty and
usage. 1t Is not shown or alleged that new
treaty st'pulaions since 1S49 have been entered
into by Turkey and Austria. TIE "ancien,
POPULATIONS were relied Oh to support the de
mand in that year for the surrender of the Hun.
garian refugees; they were scru'inzed, and no
much authority as il now claimed was found in
them. The French and English Ministers a,
ConstantInople, who advised and sustained the
Sultan in resisting the demand Of Austria foi
their extradition would not have given such ad-
vice if they could have found in existing trea
ties any authority for that demand, or any obi
CATION on the part of the Sultan TO yield to it
Lord Palmerston, then her Britannia Maiesty's
Principal Secretary of State for Foreign Affairs
carefully examined these treaties, and express
ed his conclusions thereon in a letter to 81,
Stanford Canning, dated oath September, lS49
In this letter, which contained an extract from
one OF these treaties-that Of BeIgrade-and re
terred to the claims of Austria founded on them
for the surrender of these refugees, he saws
the utmost that could be demanded would he