Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-11-05


F Of he country There he barn. and ,olic hi, perpetual
" allegiance is DUE"
Mr. Marcy, after engaging in this fruitless ar-uSent
states his conclusion that the United States lad the
r they chose 70 eyefcise IL to extend their protection
to Martin Kosza" To the phraseoogy Of this sentence
the writer objects No nation has the right to protect an
individual depending upon their choice whether or no to
exercise that right Nations have duties perform to-
wards their citizens subjects, in falling perform
which they commit positive wrong they have no dis
cretonary rights The only right they have is the right
of performing their duty and if they resort to
of violence, except in the fulfmen Of duty they DO
wrong nations rights are its duties. Where Gov
goes beyond those duties it trauscend s prero
gatiye. Thus, if the American Government
der obligations TO protect Koszta, she inflicted wrong
upon country with which she at peace BY interfc-
ing with her in the exercise of her municipal authority
Had she become involved in n with Austria she would
have done positive wrong 10 her citizens By sacri
cng their means and their blood unnecessarily And
Of almost every other whore Government goes be-
yond its ascerained duty it the risk does
actually do So Of injuring its own citizens.
Was the United States bound protect Martin Kosztae
Could he have demanded protection Of her as his rghtt
Was there any compact between them by which he
entitled to protection? None at all He had simply de-
clared his intentions of becoming citizen She could
not bind him by that declaration had she promised
him any thing in exchange for It, She cannot demand
his personal assistance in time of he demand
of her the assistance in his extremies which she
tends her citizens She only him the duties
of hospitality while within her borders How foolish them
say that she the right protect one who has
right that protection that she has the right to
hostile protect who her citi
zen but citizen Of another country by the Law Of that
country.
There are, however other pecuarities abou. Mr.
Marcy letter which worthy Of attention. espe-
ciay of the ideas they suggest If Mr. Mar
cys argument be correct of what country Kosza CT
tizen? Not of Austria for, according to Mr.. Marcy's
argument his intention Of domicilatng himself in the
United States, and his oath renouncing all allegiance to
other Governments breaks the chain which tied him
to her laws not of the United States for he has merely
declared his intention of becoming citizen which nten
ton may be changed at any time when Mr. Koszta
ft He is therefore citizen of country he owes
country allegiance; he commit treason against no
country. If in with Austria, he is taken sighting
enemy battles he commits treason FOR he is not
subjects if in with the United States he IS taken
by her battling for opposing nation he commits ne
treason for he is not citizen. lie has social ties
which connect him wh any Government organization
Of men he monarch Of himself and he cannot there
fore be accused Of violation Of those ties be punished
for dssoving his connexon with whenever
culiarty Of Mr. Marys argument 1t is possible nay,
it is at any moment in the power Of aay render
himself citizen Of no country
Again: suppose Mr.. Koszto thus being citizen of no
country should enlis in the United States army t be-
ing permitted 70 a,ens enlist and in the midst Of
battle should desert 70 the enemy, corld he + taken
after such acsertion, be hong it, Certainly rot; he
has committed no treason be has merely changed his
intentions with regard to becoming citizen and though
narfia alrn;f,
yet according Mr. aIarcy's idea, such hanging would
be gross violation of the law Of nations and sure to
bring down upon errng country the universal indy
nation of the civilized world This Is another petv,ary
suggested by aIr Marcy's argument.
Again, Ifor it is poor rule that don't work BON
ways suppose that citizen Of the United States enlists
in the army and during with Mexico deserts to the
enemy, declares his intention OF becoming citizen and
after such declaration is taken in by American
roop-s lie to be adiudged guilty Of treason or not
"No says Mr.. Marcy; he has renounced his ale
glance lie has acquired erican ngtonolitg:' he is
citizen and therefore be guilty Of
1t is not contended that this nitiatory step in the
process Of nationality invested him with the civil rights
Of Mexican citizen but il is sufficient for all tae pur-
poses of this case 70 show that he clothed with
Mexican nationality"
Il may be objected to the two last cases that ere are
municipal regulations and decisions providing FOR then,
and their punishment hut then it should be recoected
that according to Ar. Marcys IDEAS "thc law Of M
tons has rules Of its the subject Of allegiance
and disregards generally al restrictions imposed upon
it by municipal codes.
But the great and crowning peculiarity about the
whole is that Notwithstanding may be a citizen
Of no country the world; notwithstanding he owes no
allegiance the United States the ed duty
Of every alien not 10 interfere with her laws while within
her crrory Notwithstanding he has it in his power to
desert her any moment which may suit his own idle
fancy oppose her interests and thwart her plans not
withstanding he may at nstants warning Join the
ranks Of her enemies and battle against the continuance
of her very existence nation, still she, with more
than mothers tenderness is bound not only 10 afford
him that protection against fraud and violence while
within her territories which is the duty Of every hosp
table nation to grant, but to follow him over the high
seas into far distant lands track him back even 10 the
land Of his nativity amid Manners tongues and laws Of
which she is ignorant and there unur above him the
banner Of the Republic to surround him with the repre-
sentaves OF American power, and to exhaust her
and pour the blood Of her citizens in defence
Of what Mr. Marcy calls "his Americaa patioaaiiy."
Admit such principle for moment and you throw the
entire management Of foreign policy, not into the
hands Of one man, who WELD her power and draw
upon her resources with despofs sway, but into the
hands Of every who aras himself Of the hospitality
Of American laws you stake American honor upon his
declaration Of intentions you involve America IN to
assist him in carrying those intentions. The Hunga-
ran revolutionist the Frepch republican, the EDgish
charst or the Cuban fbuster after plotting riots and
scdtons at home can here make their declaration
Of intentions and return the next day before the eyes Of
very Government they have been upurnng protected
by the shield of American nationality. Or suppose,
the better TO meet Mr. Marcys objections, they TO