New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-01

to him. says. IN writing to the Minister Resident OF the
am s"nhes to see BY Mr. sre-s iesss sss xss.i. a.
ela-sS hssef car au< interview hA1tA7 III nv 'H
/, NV w,n be doubted whether Koszts ever asel any
such language Should Il. however, o. admitted INV ne
aid make tia; or similar declaration canl6 De tliiy
understood imply ina. ne Wss Then
a subject Of the Emperor Of Aas,na 10 sPersneso
10 consider his situation his known sentiments a1i ms
suteeedents In his mind two things could probably be
more distinct fom each other than AlsfrIs ana
One was an object OF his love his affections CLUSTERED
srund The lard Of his birth. and the more Intense
because lie thought that country had been cruelty woaS
and be knew unfortunate In his v-ion OF the tu
tnre he saw happier destiny for Hungary he saw ner
standing proudly among the independent naols OF the
earth under a element Government emsns;ng from the
viii of the people and dedicating the constitutional al
thorty to their general welfare Ia the fallen condition Of
Hung ary he thought base 10 dsown her and glorious 70
claim her for the land of bis birth HIS situation when
this declaration is supposed 10 have been made also TO
he REGARDED in interpreting his words. He IN the
hands of Austrian agents loaded with letters ana warned II
his own doom by the knowledge OF the sad fate Of 80 May
OF bis unfortunate companions la this fOTiorn conto1
be could not have intended by the language ascbst to
him 10 acknow ledge any unbroken tie which then bound
him 10 the Emperor Of Austria
The undersigned is brought BY fair application OF
sound principles Of law and by careful consideration OF
the facts TO this important concusiontha hose who se
ed behalf OF Austria had whatever to seize and
imprisor Martin koszta.
Il will be conceded that the civil authority of Turkey
during the whole period of the occurrences az smyrna was
and called into action. ndsr these
circumstances Austria without any authority Turkey
ercising none and the American funetOnares A. Austria
asserts having right in behalf of their Government to
interfere in the affairs proposition which Will be heeai
ter contesed-whai them the condition Of the parties
az the commencement of the outrage, and through the
whole progess They ell in this view OF the ease.
without the immediate presence and controlling directions
of civil International law in re- ,ad 10 the treatment OF
koszta The Greek hirelings kOszEa their victim, and
the Austrian and American agents were, upon THIS suppo
sition all in the condition at smyrna in respect to
nd lufYe
would have been in ii it had occurred in their presence IN
some unapproachable region lying far beyond the con
fines Of any sovereign State whatever They were the
lege subjects of the law OF naturemoral agents bound
each and all alike TO observe the precepts OF that law
and especially that which is confirmed By DIVINE sane
tion and enOins upon all men, everywhere wnen not
acting under legal restraint, TO do unto oilers what
soyer they would that others should do unto them Iaey
were bound do wrong and to the extent OF their
means prevent wrong from being dOne 10 protee, tle
weak from being oppressed by the strong and To relieve
the distressed In the case supposed hosLta was seized
without any rghul authority he suffering greyols
wrong ANY one who could might relieve him 10 10 50
was duty imposed under the peculiar circumstances OF
the case BY the laws of the by the laws Of ninl
IT, Capt Ingaham in doing what he dad for the release OF
koszta. would in this view OF the case Do tny Jasnei
upon this principle Who in such can llry take
ohense Who have right ~ complain Not the wong
doer surely for they can appeal to no Ia" to as tne
conduct They derive support fron cvl authority
for there called into action nor from the law of
nations, for that they have violated
To place the justification of the American agent further
teyOud
show that koszta when he was seized and imprisoned at
Smyrna had the national character of an American and
the Government Of the United States had the right to ex
tend liz protection over him
The grnuineness OF the certificate which he produced
when be claimed protection an American cEen ~
been questioned in consequence of the imperfect copy
given by Mr. Brown 10 the Austrian InernuncO, but
hat which he produced TO the American Consul at
Smyrna and 70 Captain lngraham 10 the commander OF
the Austrian brig Hussar aud % the Ausr N Clnul
General was genuine. correct copy OF It has be5n
sent TO this Department. and verified by comp arson
with the record OF the Court in New fOrS ia wich
Koszta made his decalaon in due form Of law 10 re-
all doubt this subject certified copy OF thN
record is annexed this communication. Is not con
tended that this nitiaory step in the process OF natural
izaton invested him with all the eiy rights OF an Amor
can citizen bat it is sufficient Tor all the purposes of ns
case to show that he clothed with an American Ma
tionaty ind in viz thereof the GovernnsnI OF tne
United States authorized to extend 10 nim IT'S proec
ton at home and abroad.
n Hulsemann, the undersigned believes, tails into
great erroran fatal to OF hs most important
conclusons-by assuming that nation can properly eA
tend it's protection only native born Or naileazei cid
his is not the doctrine of International Law" nor
is the practice OF nations crcumscrlbed within sdcn n
row limits. his law does not as has been o'iose re-
marked copcate questions this nature by respect Jr
municipal In relation to this subject mas clear
and distinct rules of It's Ii gives the national chtrac
ter the country only to native Born and nauflzei
citizens, but to all residents in who az here win or
even without intention to become Citizens pr0vi5d
thoy have domicil therein. Foreigners may aud Ois5n
do acquire domcil in country even though they nave
entered with the avOwed intention not become natd
rallied citizens but To return 10 their naive land At sons
remote and unceItn period and whenever they acquire
a domicl international law at mpresses uol ,hsn
tie national character OF the country OF that dDnc IL
l. maxim of International law that dJmcn cOnfcrs IA
tona character; IL does not allow anyone whp has dOn
il decline the national character thus conferred IL
il upon him often very much against hls WI" AMI
to his great detrinent International law OoNs onJ u
the national chara In determining what co 1ty mas Tue
right protect Ii person goes nom tns c0dary ooa
wnh The nationality OF the United States, hs law On
upon other nations to respect hm ~ % PosSn
A. an American citizen 1t comedies to every ciuutry the
right protect any and all who may BE- clothed wsh ts
nationality.
questions pres, ned in Halsemanns note, and arc tDO
obvious be contested but they opposed - som,
Of the positions taken by Austria the undcfgned eens
il respectful III such 10 sustain them by reference 70
authorizes.
The son is eleu one ifa person foreign
county engages he By tho VI % %
sor county and all
p.ss whether that country neutral" hsnE CON- %
Agsin, the authority says that
Ls character the general ehAeer Of he ,oin %
n koszta ever had domicil in the United siate-, 10
in vntue thereof invested with The 1anOh1ly VI tls
country and in this character continued long a. thd
q, moi was retained There cases IN Will n IL
din cult to settle the question VI domic but that vi n0sL
j. not one OF them.
The most approved definitions OF a domicl the f,l
lowing
r.dsne particular paee accompanied With positive
IA baasys AsDots 80.
sufficiently aPpear that the ntnn Vi nodss 70
uemen tor sn Indefinite ne IN shL VI
eoHih q acquired b. o. esdsnee " = Icy dA5s" 80 -
ys,,I Ia. defined dOmiel .aJ Sise
with Of always stayn there su Ia al cci
fat. l. wOgd BE- ssy
p,l he donel person wGch bis nabatSn nHef
lseofy's Co1. Of Laws o.
person removes to hilnsf
ard ia he trade u the yfafaSas q % s
Ian him " L m M "a rall "a