New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-10-07

Tige any unbroken tie which then bound him
the Emperor of Austria.
By fair application of the sound principles
law, and by careful consideration Of tha
cts, Mr.. Marcy is brought to the conclusion, !,
bat those who acted in behalf Of Austria
q no right to seize and imprison Martin
sztan
To place the justification Of the American
ents still farther beyond controversy, Mr..
rcy proceeds TO show "that Rosetta, when he
seized and imprisoned at Smyrna, had the
Jionai character Of an American, and the
vernment Of the United states had the risht
extend its protection over him" This h
owes by Kosxta's declaration Of his inta.x,~,
become an American citizen, by whisk hs
as clothed with an American natienallsy, Il
rtue whereof the government Of the Ulis,a
tates was authorized to extend to him il ~
ction, both at home and abroad. This pe6-
on he sustains by reference TO volumipoue
1thorities, and arrives at the conclusion that,
giving effect to these well. established princi-
lee, and applying them to the facts in the casa.
le result is, that Koszsa acquired, while in tie
United States, their national character; that
ie retained that character when he was seized
t Smyrna, and that he had a right to b re-
scted as such while there by Austria and
very other foreign power The right Of . r.
lion to protect, and require others to respect, at
aome and abroad, all who are clothed with its
pasanality, is no new doctrine now for the hrst
t'fne popght into operation by the United
h'ates~ Nu common to all nations, and has
Aad the sanctlcAof their practice for ages !; but
]. IS new that assthis late period, vhsn the
United States assert a>laim TO II Is : commou
Inheritance, it should at on.s be discovered that
{. is doctrine fraughs with dsseer. and liteav
% compromit the peace of the wcrl1s The Uni
ted States see no cause for alarm D. reason
for renouncing for themselves what othsrs kavs
30 long and SO harmlessly enjoyed"
In order to Justify Captain Ingraham in hia
Interference in behalf of Koszta, No Marcy
says:
The first aggressive act in this case vas the
ezure of Kos1ta at Smyrna, committed by the
procurement of the Austrian functionaries-the
iirst improper use of national ship, the i'm
prisonment Of Koszta therein, was made by the
of the brig Hussar. That ship YES
inverted into prison for the illegal detention
If person clothed with the nationality Of the
United States, and consequently entitled to their
protection. If Austria upholds, as it appears
she does, the conduct of the commander OF the
7 fiussar, she is in fact the first aggressor This
let Of the commander Of the Hussar led to the
series of other acts which constitute the ground
" complaint against the United States The
LEGGED authority Of Austria under treaties BE-
ing set aside. no one would have questioned
Captain Iograhams right, had he been present,
70 arrest the proceedings Of the kidnappers in
the streets OF Smyrna, and rescue Kossta from
their hands. They were acting without and
against the civil authority of the place; thsy
we're committing an atrocious outra0A Upon .
person invested with the nationality ofthe Uni
ted States Ifhe could have properly inserftred
the first stage Of this lswiess TRANSACTION, he
might do SO in the last. The act was. in all it,
stages, a continuous wrong, and the character
of the actors, though there was . succession Of
persons, was the same; they were all wrong
loers; and if they CHANGED to have the posses
sion of national ship, and converted u into .
prison for the purpose of consummatinx this
wrong, that ship, thus desecrated, was mot en-
titled to the privileges of sanctuary. Thoss
who had the right to claim, and the power "a
release the prisoner illegally confined therein,
might treat it as a prison, and while it-was de-
graded to. such an ignoble purpose, might fbreet,
and be excused for forgetting that it was ma
I The Government of the United States, snyu
Mr.. Marcy, exceedingly regrets that Captain
lngraham should have been reduced to the alter.
native in which he acted but it cannot find
after full consideration of all the circum.
stances, any good reasons for disappearing the
course he pursued. 1t is not just to Captain
lngraham to look at the affair as it was al thS
precise point Of time when the demand 1br tn,
release of Koszta was made. The anteceden
events qualify and legalize that act. The Aus
trian functionaries had obtained the possession
of the person Of Koszta, not in fair or allow
able way, but by violating the civil laws Q
Turkey and the rights of humanity. Unde
these circumstances, their custody of him wa
entitled to no respect from the agent of the Gov
ernment which, by virtue Of his nationality, ha
a right to protect him. Had all the circum
| stances been as they were, except a change
place-instead of being taken from the territor
| of the Ottoman Porte, had he been taken froI
that of the United States, could a question hay
been raised as to the propriety of Captain In
graham's conduct If the conclusions hereto
fore arrived at are correct the Austrian agent
had no more right to take Koszta from the so
of the Turkish dominions than from the tssritor
OF the United States, and Captain Ingraham ha
the same right to demand and enforce his re
lease as he would have had if Koszta had bee
taken from American soil, aud inoarcerated il
a national vessel of the Austrian Emperor Il
this question, confined as it is to the Unitet
States and Austria, the place of the transaction
is immaterial, unless the Austrian munieipa
laws extended over it,
After giving expression to the pacific incli
nations Of our Government, Mr.. Marcy declare
that :" in relation to International rights, III,
United States ask no more than has been CON.
ceded to others, and will not be oontented with
less. They put forth no new principles, bu
claim the full benefit Of those which are estab.
lshed."
Before closing his communication, Mr. Marcy
says he s'will briefly notice the complaint o.
Austria against Capt. Ingraham for violating
the neutral soil of the Ottoman empire. III,
right of Austria to call the United States to az
account for the acts of their agents affectin,
the sovereign territorial righ,s Of Turkey is no
perceived, and they do not acknowledge he
right to require any explanation"
He concludes his long letter thus:
If any thing was done at Smyrna in deroga
tion of the sovereignty of Turkey, this Govern
ment will give satisf ctory explanation to tn
sultan when he shall demand it, and it has in
structed its Minister resident to make then
known to him, He is the judge, and the onl,
r ghtful judge in this fair, and the injure
party, too, He has investigated its merits, pro
nounced judgment against Austria, and &C
Quilted the United States yet, strange as 1t is
| count for violating the sovereign territorial
| =. A.. r.lo - ,lya