Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-10
LATE FOREIGN NEWS.
THE UNITED STATES AND AUSTRIA.


THE UNITED STATES AND AUSTRIA
The Austrian Minister for Foreign Affairs had sent to
the Ministers Of the several Foreign Courts the following
Austrian Protest against the United States Of AMERICA
The events of the I'd Of July at Smyrna present in
double point of view serious deviation the rules of
international law lst The commander of the United
States ship of ST. Louis threatened his Imperial Ma
estys brig the Hussar with hostile attack dwelling his
guns against the latter and announcing in writing that
il certain individual detained board, and whose
tonaity contested between the agents of the
Governments was not surrendered to him at certain
hour he would take him by force I'd This act Of hos
ty committed in the port of neutral Power the
friend of the two nations No doubt the threat attack
the ship of sovereign State and which carries its flag
is nothing less than of war.
Now the right to make is necessarily and by the
very nature of that right inherent in the sovereign pow
err. "a right Of such great Importance (says Vatel,
Lac Of Nations VOL 2 book 3, chap ~ the right of
Judging whether nation has real subject Of CON-
plant if it be force take justly if pru
dence permits it, if the good of the State requires it
this right say only belong to the nation to the
sovereign which represents it, 1t is doubt among
the number of those rights without which Government
cannot be conducted in salutary Manner and which is
called the right of majesty"
The founders Of the Republic of the United States of
America have fully acknowledged, from the
men of the Unon the rights reserved for the sovereign
power. The Articles of Confederation and perpetual
Union between the States of New Hampshire Massachu
setts &C. Of the 9th july 1718 contain the following
spulatons The Congress of the United States shall
alone and exclusively exercise the right Of declaring
ana mahins Psaae-'aa8l
This basis of the public law Of North
maintained and sanctioned by the Constitution of the Uni
ted States of the 18th of September 1897 which, in the
It'll section, explicitly to the Congress the power
of declaring The Constitution of the United States
is in this respect in perfect harmony with the public law
of Europe But this right which is reserved for the
prems power of each State would be usory and null if
the commanders of naval forces others authorz
ed either explicitly facility to undertake. either their
suggestion at the command with the assent of
diplomatic or consular agent acts of hostility of
against the ships troops of another nation without
special order from the authority Of their
try notified in the terms prescribed by the laws of nations
1t is impossible that the regular government of the
civilized world should expose their authority well
the general peace the chance of hoses commenced
without their knowledge and without the special author
y of the sovereign power by any functonay in foreign
parts We arrive at the second of the two questions Of
international law mentioned above. There is no doubt
that if there be any point of maritime and international
precise clear and adopted by all nations in the world
it is the invioaby Of neutral ports the absolute proh
bition to commit any acts of violence there
against an enemy against whom has been declared
Modern history affords but few examples of the latter CASE
One of those examples is the attack of the Dutch
East Indian fleet which had entered the port of Berghen
in Norway, by enemys admiral and, although that
attack repulsed by the of the forts of the
port yattc authority universally acknowledged
the law of nations nevertheless accuses Denmark the
neutral Power of having complained too quietly of pro-
ceedng injurious TO its dignity and its rights In
der the better to establish the accord Of all nations and all
egsts this question, may quote the authority Of
American statesman. The following is the opinion
pronounced by Mr.. Henry Wheaton:
"The rights of cannot be exercised except within
the territory of the begerent Powers sea- or
within territory having 1t follows that hos
ttes be fairly exercised within the territorial
jurisdiction of the neutral State, which is the
friend Of the two parties Not only all captures made
by beigerent cruisers within that jurisdiction illegal and
NULL bat the captures made by ships Of which place
themselves within bays, rivers at the mouth of rivers
in the harbors Of neutral State TO exercise the rights
war from that station, are likewise NULL
"For example, when British privateer stationed her
self in the river Mississippi in the neutral territory Of
the United States to exercise the Of from that
point by going and coming by obtaining information at
Belize and by searching ships which descending the
rlyerwhen this privateer repeat, effected capture
at about three English miles from the islands Of sand
formed at the mouth Of the Mississippi, Sir W. Scott
Son the same principle, when belligerent ship be-
ing within neutral territory effects capture with her
boat outside OF that territory the capture is considered
null For, although the enemys force was employed
against the vessel captured without the territory
can be permitted to make such Of neutral territory
in order to carry war y" The Anna, November 1906
RO6tH'on's Admirably Reports Uot. 5, page S73.)
If every act Of hostility against declared enemy with
in the territorial jurisdiction of neutral State which is
on terms of friendship with the parties be dsoya
if captures effected by bcger0nt cruisers within the bays
Of the neutral State by the boats of ships with
out the territory whilst the ships remain within it, are
null and illegal according to the law Of the United States
and according to the DEGREES Of the maritime tribunals Of
Great Britain, the attack Of ship belonging to friendly
Power in neutral port would merit be still more
verely stigmatzed.
The United States corvette ST. Louis sailed from Malta
August to the eastward
The concentration Of Austrian troops towards the Bos-
MAN frontier awakening apprehension in CONSTANT
nople Austria firmly believes, affects believe that
the agents Of Kossuth actively employed in exciting
the population Of Servia and Bosnia with view Of max
ing opportunity for revolution in Hungary and Tran
sylvana. Latest elegraphic accounts OF which details
have not yet to hand indeed state that nsur
recton had actually broken in Servia with the view
Of establishing the Of Prince Milosch the throne Of
grade
GREAT BRITAIN
Parliament prorogued, by commission, on Satur
day, the 10th ulmo. The Lord Chancellor read the
Queens speech, as follows
NJ. n. y ~.