The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-31
THE CASE OF K0sTZA.
he Policy Of the administration in Regard 10
American Citizens Abroad.
nportant Manifesto supposed to have been
Written by Hon. Caleb Cdshlog.
MUNCIATION OF AMERICAN LAW ON
ALLEGIANCE AND NATURALIZATION,

II is difficult at first sight to Justify the trepdaticn
which the solitary lesson taught by Capt. lDgrihsni,
h the protection Of NJ Koszta, has excited ia ETope
The eminently diplomatic circles OF that continent,
md especially of Austria have never indeed oeen re-
msrkabe for discretion IN avoiding oihcmty 10
which they must be defeated nor for the hrmaess
based on honest claims and lnteuNoDs ana on per-
eunal courage which refuses TO create an imaginary
error from triiiing fact. Mr.. Hllsemsuns calani
Mos overthrow by the late administration, resulted
wholly from phantasm Igorc deinsion Of that inagi
native austrian gentleman, that these confederated
republics coulo be induced into crusade % the elo.
quence Of a foreigner upon whom they bestowed
generous hospitality Equally imaginative, equally
delusive aud equally sell Illuminating has been the
recent conduct Of the captain Of The Austrian brig
Hussar, sbd Of the Austrian consul az smyrna The
curse which Sbakspeirs fixes on Macbeth and Rich
ard ILL.,, the which peoples the minds OF all
great CRIMINALS With living terrors seems 70 cling u
the Official garments, and 10 emoody t+ef IN every
uniform Of every agent OF the family OF Hfpshrg.
Go where be viii, the Austraa police agent, the Aus
TRAN lieutenant Of infantry or cavalry, aud the Aus
Sian sailor whether ahoat or ashore sees in every
Hung aran, ard in every Italian, an active, q sea-
tent and eoispnHng enemy. The peace OF iesoil-
tOn which was initiated at the tragedy OF villages
aud AZ the sack OF Milan, has not yet covered with
W. protecting cypress those wretchsd sons o. the
Danube and Of Lpmbardy who may have sinned so
deeply as 10 escape from the LIVING tombs OF their
respective countries A sweeping and terrible out
hwry has tean pron0nn ed by the humane genius
OF the Csars Lot only against these unhappy races
thereof who may escape from the immediate pre-
Sc ce Of the M aon. A. IT, too, The shaGovy title
of the modern Cesar were 3s august aud Gs terri
bic as when hanessed kings oil states, nominally
more basoaric than their coaqueror, drew chariots
through che streets 81 Rome, the cogrJ OF Vienna
demar ds OF foreign nations-the-e bations being in
the very van OF civilization, which it Is not--that
they too VIII recognise and aid TIL abe nnabe out
ry; and even visits with its yindi ai2e petuance,
IDS rnelodrs matte arrogance its presGn hos
Ihty, while Itself is ia the very act or outrage,
strong and valiant aud free nations, nations not tame
as lacsall before strong m tster, nor cruel as
wolf to tho powerless IN it, grippe, SHOULD they dare
TO recognise as ~ the family OF maa aud nations,
these pa ahs Of it, tyranny and it, ca price
Tue is DO fear tbat the United ates, under che
Presidency of General Pierce, will be blled In that
sashion. Neither this administration nor any sound
democratic one assent to the arrogant SITUATE
Of Austrian vndcIiVeness, That the pubic Ia vs. and
peace Of the world the guarane With which civll-
xstion in sefdeience has begirt neutral ports and
Coils and seas, shall be ignored TO silate Austrian
shall be violated with immunity, and az the
Caprice OF any Austrian Official, because the inmedl-
Rte vitp Ia opens to be me niber the race, mark
ed and bounded by Austrian andpa'hy. Neither Is
it considered a. be Gen. Pierce's business to inquire
into the nativity OF any American citizen or iahab
tant % please an Austrian Official, and, while he sus
tans sound and just principles as To others, To refuse
such protection TO odividua. as otherwise would
be the right OF apy mao living or who has lived on
ths roll, because the archaeological add most Illogical
monstrosjty Which torms the family mark OF the
birth, aud still claims him for its own, even though
it has made him outcast Stll less viii General
P,erces administration be inclined TO hesitate as to
any European monarchy or its officials If these out
RACES are perpetrated because the victim j. y birth
OF the hateful to il, ii shall appear tlt that
hate has acquired additional viuGictyeGess AID acri
mony II o the fact OF toe exile Daring 10 become IN
American citizen, and daring still further to re-
especially the protection OF the crown which
has outraged him aud his nativity When tie rep
resentatlves OF tie Austrian government dared To
seize NJ K0szta In an Asiafic and neutral port, and
chain HIM on board publ snip OF that government
shey committed an outrage against public Law
sgatnst tie first principles which make neutrality
ssered-an outrage va garry called piracy and shch
my civil zed nation whatever would have beea jlsfi
fed Ia preventing tht Instant, and punshing The
captain Of he Hussar and his consul would nave
been justified in seizag Il. koSspth ia the port Of
New York. or Mr.. Webster or any osner American
citizen in Smyrna or for tha matter, in any port not
Austrian or leTcaa Is they were In seiZlng ko32ta
where they Gid The aSgre-sors were therefore in
che attitude and act Of oatrage-of al outrage so
palpable as TO be deeaceless, and glaridg aud
wanton as 70 justify the combined civilized powers Of
he world IN Inst tuty rising TO ia redress. Persist
ing in this outrage their subsequent lying shutting,
arrogance, presuInptuous defiance not only CT all
public law, out peculiarly OF the American Lag, does
net certainly lessen the justice OF Capt. Iagralls
att but agrayates the criminsty OF his insuliers.
Had they ~lth maaly regretfulness and q decent
discretion Instantly liberated the captive aud bowed
In difference 10 tie Ia IS they tIansgressed We are in
been forgiven aud forgotten. But the continuance,
actively, OF that outrage-the dragging Of Kos2ta
ashore III neutral port under an Austrian gaard
IN persistent defiance d the American Tag, preCi1des
by their own act, Inc hope OF any such termination
OF the difficulty.
Thus far the yigilant dignity which becomes every
American officer to eXn Dit 10 defence OF tdose public
laws the enforcement Of Tlti5h Ii essential To our
freedom OF commerce aud intercourse, justify Ca9s
Ingraham Bat the trepidaton eynced BY Euro
pean powers this subject, is not fear, caused
by astgnlshment at tiuog enc power, though repre-
sented ~ one smai brig only, maintaining The laws
and Obligations Of humaIltt AID Of civilization. The
JEALOUSY and petuance resulting from consciousness
Of misdeeGs have rendered some European powers
exclusive and "a stupidity iDpettnsnI towards Ame-
rlcaps and American relations, the inhabitants of
NaDkin have been 70 the outside 'oarbarans.f'
Difficulties, too, between US and EGropesn powers
when they ceased To be anicable, bave yet re
suited in manner wnich would invite The princes o
that aged continent u yruvoke their recurrence
And the Asiatic archipelago and is 7ici lty bcr
thened 1t is with Questions seatye to the free
cation and rec passage of most important seas anC
routes, is rot now 10 such state OF quietaJe aut
peace that the presence OF a fresh young martins
power would DC Efelyto beGef the NJ sht HAWKS sh
ROSTER over conaiese Turkey ere yet il be dead, o
ease the turmoil. But mjre orlinous than al thes
needless suspicious with reference 10 us Is the mis-
giving that "a almost al, il not all o. our pTsyou
difficulties with Europe, have resulted from aygres
Eors against the principle Of American citizenship
20 it Is feared that III the person Of n ko-zta
those principles o. the American SoncHe, which "
hass guarded so tena1.ousy and az such cost, msl
hare been OUTRAGED. It IL NJ WONDER, indeed t..
with Cen. Pierce 5 lnaugura beiore them efete dpo
matte circles ahOu0 palp:tase at tLe suspicion. II il
not to lie wondered that, moreoyer, very great d.
bety - the rights OF saose nat1.a 2eo and doIii
cled under the American dag, should ;itate the di
plomas II European co6fs; Us II IL, indeed mos
natural that, without strong and plain arguments Il
enforce them the unsopeistcated professors OF mill
tary Jurisprudence 81 Vienna, whose legal I" cor,
practice begins xith The lssh and ecds WITH t,e g.b
bet, eyea FOR women, should be totally uRaole TO
dersfand our system Of citizeGship or Ia realize the
sacre lness Of is attributes. We are slow to believe
that there y on thb 500 am Austrian Ia s,cali-
tics preI0dice may prevail l9rc and thfre 10 our
naturalized or doiatsi3d psople, aud wish that we
have no concern. But wien such feelings extend
beyond the relations Of individual sscety ear them
selves against equaitv, aud pres no 4, stand De.
tween those legally entitled q protection oll the
flag to which they appeal, twill Justify democratic
administration, IS al events, % stand iesDutely IN
in defence OF that equality which Is the basis 81 cur
~ IL