Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1853-10-03


protection TO him, and iurnished him with Tysksrch-s
Kind OF passport letter OF safe conduct usually given b,
Foreign consnls In Turkey to persons TO whom they en-
tend protection Turkish laws they have right &c
do IL Is important to observe that there l. exception
taken TO hs conduct amer his return Turkey and that
Austria has alleged that he there ior any potca
object or for other purpose than tho transaction
| private business.
While waiting. Is alleged for an opportunity to TO
turn to the United States no soizod 10y band OF law
less men-eey, perhaps h,rshly characterized in the
dispatches "iutlians Greek hirclnes" 'rohbcrs-
"ho bad not did they pretend to have. any color
authority cmanatng from Turkey Austria treated with
violence and cruelty, and thrown into the sea- Imued
aely thereafter he taken up 10y broats crew. lying
in wait for hm belonging the Aust ian brig of war the
luszar forced board vessel aud there confined
in irons. II Is avowed then suspected that
these desperadoes ustgatc this outrage by
Austrian Consul General smyrna but II Il pretend.
cd that he acted under the civil authority Of Turkey
ON the contrary Il Is admitted that application 10 the
Turkish Governor at smyrna that magistrate refused to
grant the Austrian Consul authority To kosza.
The Consul OF the United States at Smyrna soon
he heard OF the seizure Of Kosza, and the Charge AZ
flares Of the United States intcra at Consantope
afterwards iucrcccd with the Turkish authorities with
the Austrian Consul General SMYRNA aud .hc
der OF the Austrian brig of war, for his release, the
ground Of his American nationality. To support this
claim kosEtas original certificate oi having made under
OATH in court in New York, declaration OF int cntion
become American citizen, produced at Smyrns.
aud imperfect copy OF placed in the hands OF the inn
per al Austrian ntcrnuncio COnstantnope. The ap
pcation 10 these officers Smyrna for his liberation
we'll as that Of MIR. Brown, Charge a. Aires Bar
ON de Bruck the Austrian Minister at Cunsannope,
uites and it became notorious Smyrna that there
was settled design the part of the Austrian officials
TO convey him candestnely TrcSte-a city within the
dominion Vt the Emperor of Austria Opporuncly, the
United States sioop OF war, the St Louis under the
mand OF Capt lugraham arrived in the haTbor of Smyr
ma before this design executed.
The commander of the ST Louis, from the representa-
ton OF the made To him. felt it be his duty, il
unqueuonaby to inquire into the validity of kosztas
claim to American protection. lie proceeded with de-
liberation aud prudence; discovered what he consi.
cred just grounds for inqung into Koszas claim be
discharged on account Of his American nationality. Du
ring the pendency Of this inquiry he received nstce of
the desgnto take kOszi cadeney before the question
at issue Wa settled into the domnons of the Emperor
oil Austria As there other evidence of bad faith,
besides the discovered design OF evadug the inquiry
captain lngrahan demanded his release, and minated
mat he should resort to force il the demand
Piled with by certain hour Fortunately, however.
| force was used. An arrangement made, 10y which
the prisoner delivered the custody OF the French
C"nSn "enea tn be kept 10y him until the United States
| of him.
This full statement Of the facts is deemed important as
viii correct some errors and aid in presenting with
| disthctness the questions Ia bc discussed.
The undersigned will now proceed tn present the views
OF the President upon this uansacton aud his reply
these several demands
His Imperial Majesty demands that the government of
the United States shall direct Ko,za delivered To
him. that It shall dtslvow the conduct of the American
agents III tins affair, call them account and
tender satisfaction pTopOtouate 10 the outrage.
In order to arrive at just concluson necessary tn
ascertain aud clearly define Ko,las political relation with
the United States when he sczcd at SMYRNA This is
the hr point which naturally presents itself from consi-
Grafton, and perhaps the important one in its bear
/ nE- upon the merits Of the case.
There = great diversity aud much confusion Of opinion
a. to the nature and obligations oi asg glance BY some
It - held TO bc iudestructblc political tie and though
resulting from the accident birth vet forever bin
dug The subject Tn the sovereign; by other Il is considered
political connection in the OF civil contract dis.
soluble 10y mutual consent but option Of eth
er party The -Ounler aud prevalent doctrine how
ever, l., that the citizen subject having faithfully per-
i med Hsan a a.
on To The sovereign power may At time release him
from the obligation OF allegiance, freely quit the land
oi ms birth or adoption seek through all countries home
Hnh S'''t Ay~here that which oilers Inn the iiTcst
pect OF happiness for himself and his potrrity When
the sOvcrcrcgn power, Whrrc,Ocvcr NAV he placed
does not answer the ends for which j. bestowed when
It Is not cNrrtc for the general wcf.r Of the people ar
has become oppressive To- udv jualS this right with
ora" rests on a. hn basic, ahi ~ similar ia principle
/ thc right which cgitiulat,- resistance to tyranny
lie conflicting laws tee subject uI allegiance are of
municipal Character, and have controlling operation
beyond ;hc territorial limits of the countries cnartiur
them. All uncertainty well confusion ON this subject
= avoided by giving due consideration the fact that the
parties to the question under consideration are two
ui'r "ioS nations, and that neither las ta light tn an
peal {" NJ e"H municipal Laws iur the rule, settle the
the matter M dispute which occurred within the urislic
| ton oi a third independent power.
Neither Austrian DEGREES American laws can he pro-
perry invoked ur aid directions ia this case bat inter.
national IL" furnishes the rules Tor decision aud
' the hight from this shed uTon the transaction at
SMYRNA ave u' true feature Ia Ice disccrncd.
h'>AtA b'tS boNbud IN" IUGs!iCtiDn of Austria her
Laws were rnury Imperative IN his case" unless the Sui
tau OF Turkey has consented give them vor vitIiu
his dominion, 10y treaty stpuli'inus The law of nations
las roles al ilS own the subj. Of allegiance and dis
regards generally all restrictions imposed upon it by
municipal co rs.
Ihi' - rendered most evident by tlr proceedings of in.
dependent S'ars ia relation eyaliun 40 state can
os' rom any otfv ~ matter at right, the surrender
OF native hc1 "r marazrd rill,n subject an cini.
grant or oven msvc from justice, unless the demand
Is authorised 10y express treaty stipulation International
Yield ~h"t right Withold- t. surrender political offend
erS (ni ~ this clL.. Austria pllcg kb.Lal i. not u ":
but on 10" contrary, compliance with such demand would
he considered di-LouDnle suisse cuCy to foreign
power aud an act mcriug the rcpruLalnn Of mankind
~ rendering needless all lihsr argument on this point
the uni rsgcd viii recall To Mr. llul-cmanu- recollection
what took place in 49,? aud 1880 IN relation H. rcca.
nton OF Polish refugees ia Turkey by Russia and Of Hun
| garhh reiuec's lOi whom ku,zta was une) by Au.a-
Ihs dtai vas made IN concert it were by tao pow
ruI so''tlgns while their triumphant armies which had
J-t pat an end cnd Ia the revolutionary movements Az
Hungary, stood the bordcJ Of TuJkcy with power
To erase her name om the list Of na,ions She might well
hpprehend Tor hers, tia ag1Hs Of Western Europe
unprecedented Tor her that rf- 10 her critical condition
would pot in jeopardy her existence ~ independent
power hIt .c dot rrf g. ll tho civilized world iu.tiGed
aud commented the act.
ot Austria aud Russia place their respective demands
on he'f grounds than right Of cxirahton under the
law Of nntiOn; they attempted to trcugthen their claim hy
founding Il upon the obligations Of existing trcatics-te
7imr und'uhrdy that urged upon the consider.
alton ~ the United Stutc-. Eu--ia aud Austria however
''' ",'h 70" TIE refusal, huI never presumed in ,iu
putt o Turkey tie act OF refusal Lycagh ~ hrr duty
| ~ violation ~ their rights.
j" show that TIC YgrJ snims 10 rights get M
iu '- oyctr.iul aud repudlird in 1919 aud
1901 w." undersigned will refer to the mpnrnncou-
view ~ cmi,ni -atcucn IN regard Ia the conduct ~
TIE sultan ~ refusing 10 surrender, the demand 81
Au-'ri1 and Russia, the Hungarian and Polish rcf-
goes w'n were claimed 10y these powers reb,s AID
] traitors.
ST. 0ritlprl Cunning the lIr,ti.h Ambisstlnr IT Con
.trpunopl r,ly approved Of the Sulaus courc ON
int o''t-ou- nlr'i be- advised IT, ~ cttlr ~ liz
. government, dated the - Oi September, 1919, hc
INH.
80 grounds NJ humanity, not uuuiscd with cous1cra
tomas affecting the rnftr- character and future rolcy
have NOT huHrtr tn a,i-cn decide, tie lie
mind "Ic'iflliu"u.' Fom another letter of This nmbis
-ipr, dated lttI ~ December, ting on aud rom
mrudug tr courageous hriuu,-. uf r Sultan iu refusing
t" demand o these pONrriul rup,rur- Tor the surrender
q" Tie" ipsitN's. On t" sam" rci'ucc zee nov .ct up H.,
one 90 i, Justify the seizure 81 ltt the extract b.