New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-01

soUrsnv With Kossuth This il believed 10 BE- mis-
tIe and tia, be engaged never to return Tnis "a re
earded AZ doubtful To THIS sentence Vi pan
n .urh ia the true character OF their expulsion from
Tnrley-Au,tria gave her consent in ruth lt was
the result Of her efforts 70 procure their extrStlon
and was accepted By her A. substitute for r. She
had agents or commissioners al hatanla To a'teni 20
,br alton; and 70 her the legal consequences
~ his act are the it had been done directly
bv herself and not by the agency OF the Ottoman Porte
ko.1ta came 10 the United States and selected this
country for bis future nome
On the 3lst of July, l5J2, he made declaration, IN
der oath before proper tribunal of his intenon 70 be
com4 citizen Of the United States and reDoanee all
allegiance 10 any other State or sovereign Alter re
naming here one year and eleven months he returned
on account as is alleged, Of private business OF tempo
rarv character, TO Turkey, in an American vessel
claimed the rights of a naf0rsiZej American citizen
and offered 20 place himself under the protection of the
United States Consul at Sm ma The Consul at nrst
hestat4d 10 recognize and receive him as SUCH bat AL
terward and some time before ms seizure be ana Ine
American Charge de Aaires ad interim az Constantine
ne Ala extend protection 20 him. and furnished him
with n: kerek-s kind Of passport or letter Of safe con
dpct usually given By foreign Consuls IN turkey 70 per
sons 10 whom they extend protection as ny IufAsh Jaws
fhev have right to do IL Is important 20 observe there
i no exception his conduct after his return TO igr
key and that Austria has not alleged thar ne Wa t1ee JOE
ann political object for any other purpose than me
transaction Of private business While waung 81 - al
legged for an Opportunity To return 10 the United STATES ne
Was seized by band Of awles men, freely perhaps tFsh
IL chsrefterized in the dispatches ruhau Gsek he
Engs roJJers who lad not nor did they preen1 70 nave
any color or authority emaDaing from turkey or Austs
treated with violence and cruelty and thrown INTO hs s.
Immediately thereafter he wa taken up Dy Doe' cl
wing in wait for him. belonging 10 the Austrian Dr. o. ""
Husssr fore board OF thai vessel and there conn
in rom IL IL now avOwed il was then suspected tat
,he desrradoe were insgaied 10 this Outrage oy ths
Austrian Consul General at smyrna Dui II mol Pre'Si
cd thai he acted under tue cy authority OF Jarkey ol
on the contrary admitted that on application 70 Inc
Turkish Government 81 smyrna that magistrate refused
to grant the Austrian Consul any authority 70 arrest
TL Consul Of the United States at smyrna soon as
he heard of the seizure OF Koszs and n Cha'ge dc Al
flares of the United States dd interim IL Const snnope
aerw ard nterceded with the turkish auihori.o' WIN
the Austrian Consul General smyrna, and the Com
manoer of the Austrian brg of war for his release on hs
ground Of his American nationality 10 support TINS cian
Kosztas certificate Of having made under oah IN
Court in New York declaration OF intention 10 become
en- American citizen produced at smyrna ana an I'm
uerect coy Of placed in the hands OF the lm2en Aus
imam InteIunCiO at COnstantn0pc. Inc aPpc atIoh "
these officers Smyrna for his liberation "a wen a, uaI
Of sir. brown Charge Anaires 10 baron us DIS
the Austrian Minister at Con-tannoPie was lfuIiesss
and il became notorious at Smyrna that nere WIS se'oi
design the part of the Austrian ofncIa 70 convey ~.
Csndestinely to Trieste, city within the d1ihYn VI we
Emperor of Austria Opportunity the ohiiee osa'e e
war the ST. Louis, under the command Oh
Inoabs arrived in the harbJr of smyrna before TINS dc
sign was executed. The Commander OF the Of LOUIS
from the representation Of the case made 10 nn el IL
10 be his duty as unquestoneby 10 inquire into the
validity Of hotzas claim TO American prOtecttoh ne
uroceeded with deberaton and prudence ana discovered
he cosdered lust grounds Tor nquirnS mo no-lld
claim 10 be discharged on account Oi ms nercan "a
ttOnoity During the tendency Of tins inquiry ne re
oeiyed notice the desgn to take kostza candesncy
before the question at sue settled lnOthe dOnniOhs
OF the Inn OF Austria A. there was Oner evidence
OF bad faith beside the discovered design OF e'adng inc
inquiry Captain IngTaham demanded has release ana mt
mate that be should force the demand was not
comI lied with by certain hour Fortunately however
no force used; arrangement was made oy whlcn
the prisoner delivered TO the custody OF the French
Consul General to be kept by him until the nted States
and AUSTIN shuuld agee Us 10 the Of dposng OF
HIM.
will correct some errors, and aid presenting with more
distncnts IS the questions TO be discussed
The undersigned will now proceed 10 present the views
Of the President upon this transaction, and his reply 10
His Imperial Majesty demands that the Government Of
the United States sha direct kostza to be delivered 70
Inn that il she'll disavow the conduct Of the American
agents in this affair call them to a account and ten
der satisfaction prOportionete to the outrage
In order to arrive al just conclusions Il u necessary to
ascertain and clearly define kostza political relation with
Austria and with the United States when he was seized at
Smyrna. his is the first point which naturally presents
istf for consideration and perhaps the most important
ole III its b. nls Vi the merits OF the ease mere Is
diversity aud much confusion of opinion as to the ma
ture and oil CATION Of allegiance. BY some !. held to
be rdestructibe political tie aud though resulting fn
the accident OF bdh, yet forever DhIi,s tue
subject the Sovereign by others, II s considered
political connect ton, in the nature OF civil contract
dissohbe, by mutual CONSENT bat not so az the oplon
of either party he souhder ana more pTeNal III
however is that the citizen or subject, having tahidly
performed the past and present duties resulting from MS
relation the Sovereign power may at ANY time release
himself the obligation Of allegiance freely gut the
Lard # lis birth adoption seek through all countries
home and select anywhere that which oilers hin the tar
eft prospect Of happiness for himself and his postery
hen the Sovereign power wheesoeyerit may o. placed
does not answer the erds Tor which it besowed-when
il is not exeed for the general welfare Of the people or
has become oppressive tO indlvduGis-this rsht o WIN
draw rests on as firm bass aud II similar IN principle %
the right which legit.mates resistance % tyranny =
The conflicting laws the subject OF allegiance are Oh
.l.lar rUAh
beyond the territorial limits OF the countries enac1n hc
All uncertainty well a. confusion on this suoec' Is
avoid, by ing due consideration to the fact tnat the
Ia. under consideration are t"o
du nde nations and that neither has the right 70 appeal
10 its uncipal laws for the rules 10 settle tue IN ier
in dispute which occurred within the gGrisdction OF
third iudependent power Neither Austrian decrees nor
law can BE- properly invoked for aid drec
ton III this Case but International law FURNISHES the rules
for correct decision and by the light from this source
shed upon the transaction al Smyrna are is true features
to be- discerned.
LAVE were Aely imperative IN his case unless me sal
tan Turkey has consented to them Vgor wilma Ms
domnions By treaty spulalions he la" Of na'oA hAs
ruiz OF lis own the subject OF allegiance, ani nire-
CARDS generally al restrictions imposed upon D. nsh
cipal cOdts.
This is rendered evident by the proceedings OF In
del ndeu States Ia relation 10 extradton No STATE can
demand fOm any other, matter OF rlght Tue suIEeA
der Of u native BON nsuralZed citizen or sdDecL an
emilraut even fugitive from justice unless uc 10
msnd is authorized by express treaty stipulation. Inter
national law allows such claim, though comfy mty
times yield what right wihhClis 10 surrender P'.
hcal ofeuders-and IN his class Austria acrs hoskt
suot duty but the contrary com pa nee with such
demand would be considered dshonorable suOservieny
10 forigu power and at mertng ne epr'oauoh u
msnkind, rendering needless all turher argument on
theport The undersig wn recall 10 Mr. Haissmann
recc, etiou hat took place in e49 and 50 n relation 70
. Of it-h IN