Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-10-06
Secretary Marcy's Letter.
REpLyoF THE Il. S. TO THE AUSTRIAN PRoTEs1


CONTINUED.
The Undersigned will now proceed TO pre-.
sent The views Of The President upon this tran.
saction, and his reply 10 these several de-
rnands.
His imperial Majesty demands that the gov
eminent Of The United States shall direct Kos
Eta to be delivered to lin, that it shall disa-
VOW the conduct OF the American agents In
this affair, call them TO severe account. and
tender satisfaction p oportionate to the outrage
In order to arrive at just conclusions, it IS
necessary 10 ascertain and clearly define Kosz.
as political relation with Austria aud with
the United States when he was seized at
Smyrn This is the first point which natur-
ally presents itself for consideration, and per-
haps he most important Que in its bearings
upon the merits OF the case.
There is great diversity and much confusion
OF opinion as to the nature and obligations of
allegiance. BY some it is held to be in.
'lcsrneube political tie, and though resulting
from the mere accident of birth, yet forever
binding the subject to the sovereign; by 9th
ers II Is considered political connexon in the
nature OF civil contract dssouble by muiual
consent, but not so at the option of either par
~ The sounder and more prevalent doc
trine however is that the citizen or subecl
having faithfully performed the Fast and pre-
sent duties resulting from his relation to The
sovereign power, may at any time releas,
himself from the obligation Of allegiance. free
ly quit the land Of his birth or adoption seek
through all countries home and select any
where that hch offers him the fairest pros
pfct of happiness for himself and his posterity
When the sovereign power, wheresoever it
may be placed, does not answer the ends for
| ~ Irb 1 IS bpetnwpI il Il
for the general welfare of the people or has
become oppressive to individuals this right to
withdraw rests on firm basis and IL
similar in principle TO The right which legili
mates resistance to tyranny.
The conflicting laws on the sui ject OF allie
glance are of a municipal character, and have
no controlling operation beyond the terriori
al limits of the countries enacing them. AL
uncertainty as well as confusion this sub,
IJcct Is avoided by giving due consideration Il
the fact, that the parties to the question now
under consideration are two independent ma
tons, and that neither hae the right To ecSssa,,
TO It's own municipal laws for the rules to set
Tie the matter in dispute. which occurred with
in the jurisdiction Of third independent pow
err.
Neither Austria DEGREES nor American laws
can be properly invoked for aid or direction
IN this case. but international law furnishes the
rules for Correct decision, and by the lighr
from this source shed upon the transaction al
Smyrna are its true FIXTURES to be discerned
Koszta being beyond the jurisdiction %
Austria, her laws We're entirely imperative il
his Case, unless the Sultan Of Turkey has con
sented to give them vgor within his domin,
ions by treaty stpulations. The law of ma.
tons has rules of its own on the subject OF al,
leglance, and dlsregards generally all restro,
tons imposed upon 1t by municipal codes.
This is rendered most evident by the pro
ceedings ofindependen States in relation te
extraditon. No State can demand from any
other, as matter of right the surrender of a
native born or naturalized citizen or subject
an emigrant, even fug ilve from Justice un
less the demand is authorized by express treat
Y stipulation. International law allows nc
such claim though comfy may sometimes
yield what rig ht wihholds To surrender 30
litical offenders (and in this class Austria pla
ces koszta) IS NOT duty; button the contrary.
compliance with such demand woud be con
sldered dlshonorable subserviency to a for
eign power, and an act meriting the reproba
ton of mankind. As rendering needless al
further argument on This point. the undersign
ed will recall TO Mr. HuIsemann's recolleciions
what took place in lS49 and 1850, in relation
TO the reclamation of Polish refugees in Tur
key by Russia, and Of Hungarian refugees (oI
" HON koszta was one) by Austria. This dc
mand was made in concert. as ii Were. by twc
powerful sovereigns while their triumphant a
ui,s. which had just put end to the revo
lulhnary movemen'si in Hungary, stood upon
the borders of Turkey, with power to erase
her name from the list of nations. She might
well apprehend for herself, as the nations oil
Western Europe apprehended for her, that a
refusal 10 her critical condition wonld put in
Jeopardy her existence as anIndependent pow
er; but she did refuse and the civilized world
justified and commended the act Both Aus
ria and Russia placed their respective de
manJs on higher grounds than right of ex.
tradition under the law Of natons;they attempt