Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-10-01

the hungarian refugees whom she procured be expel
led om Turkey in 1851 They were released from con-
nement at Kuahia condition of submitting 10 perpet
ual banshment and she had two persons present their
departure who claimed and obtained there an active
share in the arrangements" Koszta could there
after be rightuly demanded Austrian subject
The proposition that Koszta at Smyrna was not an
Austrian subject can be sustained another ground
BY decree of the Emperor Of Austria Of the 24th of
March, 1892 Austrian subjects leaving the domnons Of
the Emperor without permission of the magistrate and
release Of Austrian citizenship and with intention
never to return become "uniaafaI emrant" and lose
all their civil aud political rights at home Ency Amer
Tit. Emigration, 2 Kents Com, so, 5l.)
Koszta had Left Austria without permission, and with
the obvious and ayowed intention never to returns hewas
therefore, within the strict meaning of the imperial de-
cree, an unlawful emigrant." He had incurred and
paid the penalty of that offence by the loss of all his civil
and political rights If he had property il had escheat
ed and he reduced to state than absolute
aenage for aliens have, by right the benefit Of the civil
laws for protection in whatever country they may be.
Stripped by this imperial decree of civil and political
rights koszta had in AUSTRIA redress for personal
wrongs and abroad he had claim to protection from
the Government that would still hold him subject
He was in regard to Austria outlaw. What right
sovereign have to the allegiance Of person reduced
him to such miserable condition 1t have been
the very object of the Austrian decree dissolve the pre-
yious political connection between the "unlawfu emf
grant and the Emperor. In Kosztas case it was dis
solved.
Some Importance to be attached to Kosztas own
opinion of his citizenship. The note of Mr. Hulsemann
conveys the impression, though it does contain the
express averment that he acknowledged himself to be
subject OF the Emperor of Austria. The passage, when
closely examined shows that the alleged
is only an inference from undsclosed premises The
guage OF the note on this subject is the following THE
very declaration of that refugee board of the Huszar
in the presence of the American Consul and the comman
der OF the ST. Louis shows that he still considered him
self as subject of the Emperor The declaration re-
feed to in support of this inference is given but it
Is undoubtedly the response Kosza is reported have
made when Intercepted his being American citi-
zen; - am hungarian, and will live and die Hunga
rlan;1 Mr. Brown, the Charge d'Ahares ad interim of
the United States at who Smyr
ma at any time during the transaction relation to Kosz-
ia, stated in letter to Baron de Bruck something like
the foregoing declaration but Capt Ingraham who
present. as MT. Husemann states, when Koszta
amned and made the declaration imputed to him. saws
in writing to the Minister Resident Of the United States
am asonshed to see by Mr. Browns letter that Kosz-
ia declared himself first interview Hungarian
did not hear him say So. 1t may well be doubted whe-
Their koszta used any such language. Should it.
however be admitted that he did make that or a similar
declaration it cannot be fairly understood to imply
acknowledgement that he was then subject of the Emperor
of Austria To apprehend rightly what he meant by such
declaration it is proper to consider his situation his
known sentiments and his antecedents. In his mind no
two things could probably be distinct from each
other than Austria and Hungary One was an object of
bis ayersonthe other object of his love. His aiec-
tons clustered around the land his birth and were the
more intense because he thought that country had been
cruelty Wronged, and he knew it unfortunate. In
his visions of the future he happier destiny for Hun
gary lie saw her standing proudly among the ndepen-
dent nations of the earth, under clement Government
emanatng from the will of the people, and defeating It's
constitutional authority to their general welfare In the
fallen condition of Hungary no thought it base dsown
her, and glorious to claim her for the land of his birth
His situation when this declaration is supposed have
been made is also to be regarded in interpreting his words
lie was IN the hands Of Austrian agents. loaded with et
ters and warned of his doom b the knowledge of
the sad fate of SO many Of his unfortunate companions
In this ororn Condition he could not have intended by
the language ascribed him. acknowledge any unbro-
ken tie which then bound him to the Emperor Of Austria
The undersigned is brought by fair application of
sound principles of law and by careful consideration of
the facts, to this important conclusionthat those who
acted in behalf Of Austria had right whatever seize
and imprson Martin Koszta.
1t will be conceded that the civil authority OF Turkey
durlng the whole period of the Smyrna
was Dormant and in way called into action Under
these clrcumstances-Austria without any authority
Turkey exercising none and the American unctonarie
MS Austria asserts having right in behalf Of their Gov
eminent to interfere in the affair, "a proposition which
Will be hereafter contested what then, the cond
ton OF the parties at the of the outrage
ana through Its whole progress? They ALL this
view OF the case, without the immediate presence and
controlling direction of civil international law in re-
gard to the treatment of Koszta The Greek hrelings
hoszta their victim, and the Austrian and American
agents we're, upon this suppostion all in the con-
diuon at Smyrna in respect to rights and duties far
as regards that transaction they would have been in
II ~ had occurred IN their presence in unappropri
ated region lying far beyond the confines ofany sovereign
State whatever they the ege subjects of the law
OF nature moral agents, bound each and all alike to OBJ
serve the preceps of that law and especially that which
IS confirmed by divine sanction and enoins upon all men
every where when not acting under legal restraints
90 unto others whatsoever they would others should
10 unto them they bound do no wrong and to
the extent OF their means to prevent wrong from being
done to protect the weak from being oppressed by the
strong and to relieve the distressed In the case sun
posed koszta was seized without any rghtfu authority
lie was suffering grievous wrong; any that could |
might reheve him. To do so duty imposed under
the peculiar circumstances of the by the laws of hu
manly Capt lngraham in doing what he did for the
release Of Koszta would in this view of the case be fully
justified upon this principle Who in such a case can
farly take offence Who have right to complain Not
the wrong surely for they appeal to no law to
justify their conduct They derive no support from
civil authority, for there called into action nor
from the law of nature, for that they have violated
10 place the justification Of the American gents still
further beyond controversy, the undersigned will now
proceed to show that Kosza when he was seized and inn
prlsoned at smyrna, had the national character of an
american ana the Government Of the United States had
the right to extend its 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
given by Mr. Brown to the Austrian Internunco but that
which he produced to the American Consul at Smyrna
ana 20 captain ngraham to the commander Of the
ian orig Huszar and to the Austrian Consul General
was genuine correct copy of il has been sent to this
Department and verified by comparison with the record
OF the court in New York in which Koszta made his de-
claration in due form Of law. To all doubt on
TINS subject certified copy Of that record is annexed
this communication.
is not conended that this nitiatory step in the pro-
cess OF naturalization invested him with all the civil
rights OF an American citizen but il is sufficient for all
the purposes of this to show that be clothed
with an American natonaty and in virtue thereof the
Government OF the United States was authorized to ex
tend to him its protection at home and abroad Mr.
Huisemann, as the undersigned believes, falls into
great erroran fatal to OF his portant