Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-11-05
NATIONAL INTELLIGENCER.
Mr.. MARey's LETTER ON THE KoszrA CASE

"a
In attempting to review the letter Of Mr.. Secre-
tary MARCY, and to give any thing like fair criti-
csm Of it, the writer is well aware that he is under
taking thankless task, for 50 widely has it been
read, and SO general has been the admiration which
it has excite that tho fret word Of causure or dis
praise is apt to be decried as an cnyious attempt to
diminish the well-earned fame of an able and pa
triotic man but yet, after much reflection upon
the subject, the writer has come to the conclusion
that the document in question is filed with much
sophistical and faacous reasoning which the sober
second thought of the people is sure to detect how
ever well sounding and logical it may appear upon
first perusal So ingeniously, however, has it been
worded and so neatly have disoned facts, political
axoms, and legal definitions undoubtedly in them
selves been joined together to make asty that
it is almost impossible without taking up word by word
and letter by letter. to expose the tissue of misconceptions
of which it is composed.
Mr. MARCY his letter with very able, clear
mastery statement of the case which hardly be
passed for brevy conspicuity and comprehensveness
He then proceeds show if the writer has understood
his arguments
1st Negatively, that Austria had right to seize upon
Koszta.
3D. Positively that America had the right to protect
In attempting to make out the first portion of his argu
ment he proceeds show the first place. that Koszta
upon neutral territory which neither Austria
nor the United States could exercise jurisdictions that
consequently the municipal regulations Of neither
try could be referred to in the argument but that the
laws Of nations the only authority to be consulted
which generally disregarded the restrictions of munich
pal codes.
Now, with all respect to Mr.. Marcys opinion " Is the
law of nations the proper authority to be referred tor
Is the municipal law of Turkey the proper to
settle the controversy Where wrong arises existing
in violation of neutral territory is the Government
of that territory the upon whom it peculiarly de-
wolves to settle the difficulty the adverse Powers
and mcte out impartial justice to all? By the law of ma
tons where tho vessel property of beigeren is cap
tured within the jurisdiction Of NEUTRAL it belongs ex
cusively the neutral Government to justice done
between the parties. Speaking upon this subject Chan
eeor Kent says:
The adverse bellgerent has right to complain
when the prize is duly beled before competent court
If any complaint to be made on The part Of ne captured
must be By his Government 10 The neutral Government for
Fraudulent unrory unnecessary Submission 70 rlo-
latioH Of hs territory.'
The writer knows of decision precisely applicable to
the of two nations at peace with another where
an alteration takes place upon neutral territory but
from the whole Of decisions and the rules OF in
ternationa law applicable to the rights duties and re-
sponsibes of neutral Governments his opinion is that
Turkey and Turkey alone the authority to be ap
peaed to for the adjudication and settlement of the dis
pute between the parties. While within the Turkish
borders both the American and Austrian owed tempo
rary allegiance their laws, and to engage in hostile
conflict there was to violate the hospitality of Power
friendly to their respective Governments As between
Austria and America then the Turkish authorities were
the ones having jurisdiction the matter in dispute.
But Mr.. Marcy to strengthen this allegation that the
law Of nations disregards the restrictions Of municipal
codes takes as an illustration the of exradon,
and goes on to show that it is not duty to surrender
tca offenders, but, the contrary, compliance with
such demand would be considered dishonorabe sub
serviency foreign Power and takes the very case OF
Turkey in 1s4950 when he says, she very properly re
fused give up the Hungarian refugees and quotes the
opinions of Sir Sratord Canning of the French Minis
ter then resident at Constannope and Of Lord Palmer
ston to show that the Turkish Government acted In
noble and justifable Upon this point the writer
perfectly agrees with them and with Mr.. Marcy In thu
then situation of affairs it would have been dsgracefu
and dishonorabe for the Sultan to deliver up the poor
trembling fugtves from Austrian vengeance. They had
been fighting in what to them was noble and patriotic
cause in the struggle for their liberties they had sacr
feed all which could make life dear to them, home pro
pery friends and kindred; they had fingered, with the
hope OF despair, until ueleht lamie nhu to
duced their numbers to scattered handful while
the countless armies Of of the most powerful nations
in the world stood ready to blot them from the rolls o.
existence 1t in these circumstances when their he
roc struggles had kndled the admiration and their
peaed had touched the ympahies of the world
that they fed to the Sultan for protection and he re-
sponded to the CALL To have done otherwise would
been confession Of fear, outrage upon the laws Of
humanity, disregard to the sympathies of mankind
which would have reused the indignation and contempt
OF every nation upon the surface Of the globes but when
Mr.. Marcy goes to say, in reference to this
cit is an incident of great Significance and bearing
thortatvey upon some Of the most important questions
raised that the Of Koszta or he of The
Hungarian refugees then demanded) was fully discussed
in 1s49 not only by the parties throughout Europe
and decided against the right of Austria to require bis
extradton either under the law Of nations or by exist
ing treaty stipulations"
he utters a fallaoy aud makes misappcaton which
cannot be overlooked kos1as case is not the cose
one Of the Hungarian refugees then demanded The,
were men fleeing from persecution and destruction to tho
nearest place of refuge within their reach he was mon
returning from place Of security and freedom to the
ncighborhood Of former dangers Koszta the Hungarian
refugee and Kosza the Turkish exile different per
sons The poor soldier Of liberty, fleeing from DANCE,
and death at home and casting himself upon the huma
nifty OF the Sultan for protection called for the
exerons Of national power his defence but the thank
less creature who ungraefu for former vors needless