New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-30
n-,..,,,,o, ,ben Her Britannia Mqiestys Principal

10" SEC Gar Foreigs Affar,. carefully examined
sef"ny and espressd his conclusions thereon IN
ees - e,-.,s,rd Canning dated 2sth SEPTEMBER 1919
kaI.. vhieh contained extract from one OF these
h ~, a Beigrsds-and referred to the CLAIMS OF
s,,Aed on them for ths surrender OF these reiu
-. the u,u1ost that could be demanded "onid Dc
she refugeesl should not be allowed to reside per
u -, n the Turkish Empire
Scun to later periodic the very TRANSACTION
attendant reasons are found for denying thaf
er,s tben under any treaty obligation to d-iver
w. Aussria or the her Consul General had @n'noray
him On this subject, il Is allowable 70 resort 10
..,tons Of the pubic men OF the Porte as eVoe"'e
- 10 an issue Of the Kind Their explicit denia may
20 considered equivalent 10 Austria ainfa''oh
,v,of where proof, II II existed could oe 80 eas1y
- In dispatch 10 this Government Of inc i'u u
- ,sss Mr. Msrsh. the American Minister resaeh'
nSe,.,n,ipope says have had seVera conversations
.rb;eet with the Minister of Foreign Affairs and
CD ~ P,,bs Governor of Smyrna, at the time The
,,f,r took place e.
,--..f,c.;ou with the course pursGed by US lhey
ny ;s tbe Legation has taken OF the legal charac
'1'~. -. oueon. and Ali Pasha informs ne thai few
" y ,be Aus.rian Government refused to surrender
F. Do Turkish rebels who had fed into Austria on
,,oupd now taken by the Porte namely, that the
80 "A M. provide for the extradition OF political Oh
49,. NJ, Brown Charge Affaires nd tnfT'm' OF the
$50 States al ConsantnOpe writes that ID an NERVE"
80 St,hg Fa,udi. aso Turkish officer Of high rank
"a o,ss, exuer. nee in which the afar al smyrna was
..ed he oberse ed that the Austrian Government does
-, ,oss the power by treaty to arrest any ono y" ''
On man soi. f. pOitra oAenses. e.,
IT,. Il now how YER someh ng more decisive rom
,bsn the opjnion Of her public men, m opposuoh I"
"a, a., .,v claim OF Austria The Government oil te r'r
- -,..rrcsd n Indictment in relation to the seizure Oh
TT. which Au.tria bersef is bound 10 reSPec| '
.,sd aeainst the conduct Of the Austrian agents III ~
a., a. unlawful and violation oil Its sovereignty
NJ, one word Of complaint not murmur Oh
to Turkey against the conduct OF the nnc'onare Oh INC
r,s5 sses at smyrna has yet reached TINS gO'ei"i'.
aTbis u certa My anomalous case Austria ~"
Unaed States for violating the rights Oh iufAe! 'a0
Korzta affair Turkey, the offended party e'o"eo0 w
Upitsd States and protests against Au'tna our '''u ~
he very same offense Thee considerations nave ' ~
na.,g,ed a. be believes they will lead oil others who
Adv r. feet on them to the confident CONCLUSION that there
.,s. no treaties between Austria and Turkey which could
% - :, any vay counenance the seizure or imprson-
ept Of Koseta by the Austrian functonares But Aus
49, ,aIly has such authority by treaties as she now CLAIMS
4, esedy extends only 10 Austrian subjects IL could
40 thor fore be applied TO KOszta unless nc was such
ht a, the time he was re zed II the question OF his
,,palty is to be settled by international law the only
s which furnishes the rules by which this question 10
ne determined there il no good reason for adudgng nm
a, have hem when seized at Smyrna Austrian subject
pu settle this question a. Austria would have it settled
by an appeal to her civil code, the result VIII Dc the
same.
The undersigned brought by fair application of sound
prpcipes Of law and by careful consideration OF the
f TO this important conclusion, thtt those who acted in
bh,f Of Austria had no right whatever to seize and I'M
nixon Martin Koszta II win be conceded that the civil
authority Of Turkey during the whole period OF the occur
rspce at Smyrna was dormant and in no way called INTO
action Under these circumstances Austria without any
exercising none-and the American
funonares-ss Austria as erts-havng right in behalf
Of their Government to interfere in the affair Ia proposition
which will be ber after ,ontesod what then was the con
iion Of the parties at the commencement oil the outrage
md through it, whole progress
"They were ell in this view of the case without the i'm
Mediate presence and controlling direction Of civil or inter
national laws in regard to the treatment OF koszta The
eeek brelngs-Koszfa their victim-and the Austrian
and Am, IN Agents were upon this supposon all IN the
.ame condition Smyrna in respect to rights ana dues 50
Gar AZ regards that transaction they would have been in
Il had occurred in their presence in some unapproprated
region lying far beyond the confines of any sovereign State
whatever They were the ege subjects of the law OF ma
uremora agents bound each and all alike to observe the
pre epis of that law and especially that which is confirmed
BY divine sanction and enons upon all men, everywhere
when not acting under legal restraints to do unto others
whatsoever they would that Others should do unto them
They were bound do wrong and to the extent oil their
means 10 prevent wrong from being done to protect the
weak from being oppressed by the strong and to relieve
he distressed In tho case supposed Kosza seized
N.E.I haN lar1n CrrIgV
wong any one, that could might relieve him to do 50
duty imposed under the peculiar circumstances of the
case by the laws ofhumany. Captain l.graham in doing
what ne did for the release of Kosza would this view otbe
case be fully justified.
~Upon this principle who in such can fairly take
cfensei Who have a right to complain Not the wrong
d surely for they appeal to no law TO justify their
conduct they can derive support from civil authority
f there was none called into action, nor from the law oil
nature for that they have violated
ITO place the justification of the American agents still
further hey ond ersy the undersigned will now pro
coed to show that Kosz when he was seized and imron
Cd Smyrna had the national character OF an American
and the Government Of the United States had the right TO
extend IL protection over him.
The genuneness Of the certificate which he produced
when he claimed protection American citizen has
been questioned in consequence of the imperfect copy
gwen by Mr. Brown 10 the Austrian ln1ernuhco OUT al
which he produced to American Consul at Smyrna to Cap
tan lpgraham TO the Commander of the Austrian brig
HuzIar and to the Austrian Consul General genuine
CORRECT copy of has been sent to this Department and
verified by comparison with the record Of the Court in
sewYork in which KOs1,a made his declaration in due
kim Of law To remove all doub, this subject cert
tied copy Of that record is annexed to this communication
his not commended that this na,ory step in the process
naturalization invested him with all the civil his Of an
American citizen but 1t is sufficient r all the purposes of
This case show that he clothed with American ma
tonshy and in virtue thereof the Government Of the United
States was authorzed to offend to him lis protection at