New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-30
SECRETARY MARCYs LETTER TO CHEvAkIsR
HIjl.SEMANN
WASHINGTON, Thusday. sept. -.

TAs letter u Secretary Marcy 70 Chfysier HGf.s-
mann the Austrian Minister. will appear in TAs Us,s
tomorrow morning occupying eight and half cear.s
OF that journal In this long and able dOcaneut afsef
eyincing desire to conduct the controversy ia q
friendly manner" the Secretary proceeds with full
statement Of tie facts claiming that koszta was an
American citizen snd unlswfaily seized BY Aussriaas
He then continues:
His Impsr;al Majesty demands lhs, the Goyeransu,x
he United States shall direct koszts to be doveneda
hm-that il shall disavcw the conduct OF tie Anrosa
agents in this aairCa them To a ssvsre sccoant and ten
DER ,sfaeton pr poionae 10 the outrage Ia order
arrive just conclnsous it Is necessary TO ascertain sai
clearly define Koszias political relation with AasTA aai
with the Uuited States when he was seized At smyras
This the 6rt pon, which naturally presents hs i~
constellation and perhaps the important in In
bearings upon the merits OF the Their is great d.
vriy and much confusion Of opinion 10 the nature and
obligations OF allegiance by Il Is held TO be an ini
suuciibe political and though resulting from tho mere
accid of birth yet forever binding the subject 10 the
sovereign BY otiers Is considered political connection
in the natre of civil contract dssoub by mutual cea-
sent bu, not so at the option OF either party
The scunder and more prevalent doctrine however s.
that the citizen or subject having faithfully pcrrua tho
past and present iaes resulting from his rstoa 10 the
sovereign power may any time release himself from tho
obligation OF allegiance res omit the land Of his birth
adoption SEEK through all countries home and select
where that which offers him the fairst prospect Of hsppi
pess for hmsef and his posterity When the sovereign
power wherever Il may be placed does not answer hs
ends for which in INSTRUMENTATION s not exoed ior he
general welfare of the people has become cpprcsslve
individuals this ght to withdraw rests as firm baA
and is similar in principle TO the right which egtmsies 10
sstance to tyranny The conflicting laws the subject
allegiance are Of municipal character and have no Coz
IL II H.. = H..
tries enactng them
An uncertainty well confusion on this subject 3
avoided by giving due consid ration 10 the fact that The
parties TO the Question under consideration two 10
dependent nations and that neither has the to appeal
to its own municipal laws for the rules to settle the matter
in dispute which occurred within the jurisdiction Of third
independent power Neither Austrian DEGREES nor Amer
lean laws can be properly invoked for aid or direction II
this case but international law furnishes the rules tor GER
rect decision and by the light from this shed upsa
the Transaction at Smyrna It's true features to be dis
cerned KOsza being beyond the jurisdiction OF Austria
her laws were entirely imperative in bis unless the
Sultan of Turkey has consented to give them ygor within
his dominions by treaty stpulatons The law Of nations
has rules of ia own the subject Of allegiance and dsse
cards generally restrictions imposed upon By municipal
codes This rendered evident by the proceedings
of independent States in relation to ENradon No state
can demand from any other a. matter OF right the sur
render Of native born or naiuralized citizen subject.
an emerant or even fugitive from justice unless the Do
mand is authorized by express treaty stipulation
International law allows such claim, though comfy
may sometimes yield what right whhcds. Tosurrendr
political oenders-and in ths class Austria places Kossis
is not duty but the contrary compliance with such
a demand would be considered dishonorable subseF-
vency to a foreign power and net merng the repre-.
baton Of mankind
AS rendering needless all further argument on this
point the undersigned will recall to Mr. Halsemsnasre.
collection what took place in 1919 and 1850 in relation 10
the reclamation Of Polish refugees in Turkey by Russs,
and Of Hungarian refugees Of whom Koszta was ons by
Austria This demand made 10 concert rs u were.
by two powerful sovereigns while their triumphant ar
mics which had just put end to the revolutionary mTe
ments in Hungary stood upon the borders Of Turkey with
power her from the list Of nations She
might well apprchend for herself the nations Of West
ern Europe apprehended for her. that refusal In her crit
zeal condition would pu, in jeopardy her existence an
independent power But she did refuse aud the civilized
world justified and commended the act Both Austria and
Rnssa placed their specye demands higher grounds
than q right of extradi'ion under the law OF ma
tons They attempted 10 strengthen their claim By
founding upon the obligations Of existing treaties
the same, undoubtedly. that are now urged upoa
the consideration Of the United States. Russia and
Austria. however, both submitted to the refusal
as breach Of her duty violation Of their rights 3
incident Of great significance, and bearing aahoh
lively upon some of the most important questions nos
raised that the Of Koszta-or he Of the Has
garian refugees then demanded-was fully discussed u
si9 only by the parties but throughout Europe AMI
decided against the right Of Austria 10 require be erf
dton either under the law Of nations or BY existing treaty
spuatons This decision deeply interested Ut oaly nisrs
and statesmen but the great body " the people Of ever
country They investigated III meris admitted ts jssee
and commended the firmnsss and humanity Of the Saisa
for his course.
Austria appears to have been aware that her right 10
seine Koszta could be sustained by international ss
and she has mpted TO derive from certain treaties
ancient capglatons by treaty and usage The very ht
and ne1pct manner in which this authority Il adgeref I'd
IN Mr. Husemanns note, apparently Indicates u no'
want Of confidence In IT, at least desire not 10 have serb
tinted II there really such authority and II va
of such an extraordinary character assumed 10 BE-
would have constituted Austria must have csary seen
the mai strength OF her and she would not have 70
f.rrsd to in such leave the very exaesee.
Of il open to doubt or question.
The paragraph referring 10 Il Il the following
As there can be doubt therefore concerning To
question Of Nationality the Consul General Of the Em?s
at Smyrna was whou. doubt perfectly justified when
virtue Of those treate. which subject Austrian subjects
Turkey Consular jurisdiction, he seized the peros Of
Koszta within the pale Of bis Jurisdiction III there Do
such treaties confeng such power with such enif cor
binary Of enforcing IL strange indeed Is. that, s're
romne Is given TO the fact 10 Mr. Hulsemanns eou
uncaon Why the dates Of those treaties wss bid
What still imporantwhy Is not the angrs e con-
yeying this authority quoted
The unisrsigned 10 constrained for nasoss he ,wi
Lrehy Aegn question the ACCURACY Of mig prefiI0a