Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-10-20

/ cation of the Turkish Governor at Smyrna.
i that magistrate refused to grant the Aus
trian Consul any authority TO arrest
koszta.
The Consul OF the United States al
Smyrna. as soon as he heard of the seiz
ure Of koszta, and the Charge dAffa:res
| of the iIhited States. nd Interim. at Con-
stan,nOple. afterwards in,erceded with
the Turkish authorities. with the Austria n
COnsul-General al Smyrna and the COM
munder Of The Austrian brig Of war, for
MS release. on the ground of his Anne ri
can nationality. To support this claim
Kosztas original certificate of having
made, under oath, in a court in New York,
declaration of intention to become an
American citizen. was produced at Snyr-
ma. snd an imperfect copy of it was plac
/ ed in the hands of the i'm perial Austrian
| lin.ernuncjo a; Constaniiuople The ap-
plicstion 90 these officers at Smyrna for
/ his Liberation. as we'll as that OF Mr.
! Brown. our Charge d'AffairtS. to Baron
lie Bruck, ths Austrian Minister at Con
stlntineple. was fruitess. and * became
notorious u Smyrna that there was set
/ lied design on the part of the Austrian
officials 10 convey him clandes.inely to
Trieste, city within the dominions Of
The Emperor OF Austria. Opportuaely.
the United States sloop of war, tb. ST
Louis. under the command of Cs ptain
lngrahsm. arrived in the harbor Of Smyr-
ia before thi design was executed. The
con. ms ndsr of the St. Louis, from the
presentation of the case made to him,
felt i, his duty. as il unquestiona bly, was.
! 10 inquire into the validity OF Kosztas
claim 10 American projections. lie pro-
| ceeded with deliberation and prudence;
and discovered. what he considered. Just
grounds for irquiring into koszia's claim
10 be discharged on account of his Amer
lean nationality. During the pendency
Of this inquiry he received notice of the
design 10 take hoszia c!and-stinriy. be
lore the question d! issue was settled, IN
10 The dominions OF the Egperor of Aus
| tri.. As there was evidence of other ss
! faith besides the discovered design ofav.-
ding the inquiry, Captain Ingroham de-
| rnsnded his release. and intimated that
be should resort 10 force If the demand
was not complied with By certain hour
! Fortunately. however. no force was used
An arrangement was made. by which the
prisoner was de!iy ersd 10 the custody Of
?, the French Consul General, to be kept By
him until the United States and Austria
should agree as to the manner Of dispos-
Ing Of him.
! This full statement of the facts is dee m
cd important. it will correct some er
rors and aid in presenting with more dis
| tinctness the questions to ts discussed.
The undersigned will now proceed to
present the views OF the President upon
lhis transac,ion. and his reply to these
several demands.
His imperial Majesty demands that the
government of the United States shall
direct y oszta 10 be delivered to him;
/ tha. 1t shall disavow the conduct of the
American agents in this affoir. call them
to severe account, AID tender satisfac-
tlon pToporionaie 10 the outrage.
In order TO arrive at Just conclusions. IL
is necessary to ascertain and clearly define
Aoszta's political relation with Austria
and with the United States when he was
seized at Smyrna, This is the first point
which naturally presents itself for consid-
Grafton, ard perhaps the most important
one in its bearings upon the merits of the
case.
There is great diversity aud much con-
fusion of OPT Mon as to the nature and
obligations of allegiance. By some i, is
held 10 be an ind-structab.e tie, and
though resulting from the mere accident
of birth. yet forever binding the subject
to the sovereign; 5y others ii is consider
ed political connection in the nature Of
a civil contract. dissoluhle b. mutual
consent. but not SO at the option of either
party. The sounder and more prevalent
doctrine, however. is, that the citizen or
subject. having faithfully performed the
past and present duties resulting from
his relation to the sovereign power. may
at any time release himself from the
obligation of allegiance. freely qui; the
land Of his birth or adoption. seek through
/ all countries a home. and select anywhere
that which offers him the fairest pros pect
of happiness for himselfan his posterity.
When the sovereign power. wheresoe
it may be placed. does not answer the
ends for which it is bestowed-when it
is not exerted for the general welfare OF
the people. or has become oppressive to
Iindividuiis-this ri hit TO withdraw rests
on as firm basis, and is similar in princi-
pie TO the right which legitima tizss resis,
ance TO tyranny.
The conflicting laws on the subject of
allegiance are of a municipal character,
and have controlling operation beyond
territorial limits Of the countries enact
ing them. All uncertainty as well as con.
fusion on this subject is avoided by Civ.
ing due eonsiderat ton to the fact that the
parties to the question now under consid-
Grafton are two indepen endent nations. and