The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30

ftuCe IIOm uuu pItfut5SS Inc language
II tie note on subject is he following :-' Tue very
declaration Of that refugee board Of the Hussar,
10 tho puesence OF the American COasnl s0d the
ccmmsBoer of the st l. u's, shows that be st,i
si0eFed b,mfe't ~ Il suhcci of the Emperor Toe
cccsIst referred to in support of ths Inference is
Lot given but It ID undoubtedly the response Koszta
Is Rp0rted 70 haze made when interro gated rs f.
his ttibg aI American citizen -" am Hl0ga
psb and will live .D0 die Huogarisn." Nc. Br,wn,
the Charge dAfiaires, I'D ,nfcr,sa OF the Uustrd
States at COn-tinrinople. who WAS not vt Smyrua
NJ sny time surog the transaction ia relation
K0sE's, ststed, in letter 10 Barren de Buek, some
inrrsbsm, who was preseut. Mr. Husemmn
states, when kos2ta was examined, and IssSe the
ceci-Istion imputed to him, says, ia writing t.
the Minister Re-ioent OF the United States; u"
sm sstoIisbed to see by Mr.. Brown's letter tha,
K@zta dso'ared himseIf, our frat interview.
Hnrgarlub; did bot hear him say So" l. may
well be doubted whether K"azea ever used aoy such
language. Should u, however, be admtted thoshe
duo MAKE that or similar declaration, it caupOs be
tariy understood TO imply an acknowledgment chat
be ~Hs u eo subject of the En SerOr OF Austria.
To spprrbend rightly what Le meant by such
1eciaJnfion IT Is proper to cons DIR his situat0n his
kno@n sentiments, and his antecedents. In his
F,ibo things could probably be more d,stincs
ffOm each ether than Austria aud Iugary Ole was
object of his aversoa, the 0toer object OF us
1--we His affections clustered around the nd Of his
birth ADO were the more iotense because he th0nght
that country had been cruelty wronged, aud he
knew II fortunate. In his visions Of the ft-
ture Re saw hav vpier destiny for Hungary. He saw
her standing proudly among the independent IA
ti"ns O. the earth, unoer cemeut government
en- sDa,ipg from the will, of the people, aud dedi
eating -titutional authority 10 their general
welfare. In the ia len condition Of Huogary he
thought 1t base u 6isown her and glOr Gus tn claim
Der the laDd Of his birth. Ht situation whel this
declaration supposed have beco made also to
be regarde1 In Interpreting his wor He was in
the hsDds Of Austrsn agents, lOaded with letters,
ard warned Of his COON by the kuO wleoge of the
t,c.
In this orlorn condition be could not have iatended
ty the language ascrbed to- him. 10 acknowledge
any uDbIoyeo tie which then bOund him to the En-
peror ot Austria
OF sound principles Of Law, and oy careful coasid
GRAFTON OF toe facts to this imp ,rtant conclusion
that those who acted III behalf of Austria had no
right whatever TO seize and imprison Martiu Kpszta
1t will he conceded tpat tho civil authority of
Turkey. during the whole period OF tue
at smyrna, WIS dormant, and in no way called into
action. Under these circumstances-AustIia with
out any authority. TDrEey exercising nOne--and the
American function ries, as Austria asserts, having
no right IN behalf OF tneir government. to interfere
in the affair In proposition which will be hereafter
Contested, )-wbat. then, was the condition Of the
parties at the CONNIE nccment OF the outrage, and
through us whole progress They all, ia th's
view of the case without the immediae presence
and controlling direction OF civil International
law, III regard to the treatment of kpszta. The
Greek hre'ngs, Koszta their victim, and the Aus
tran ard Ameriau ngepts, were, upon this supposi.
tGn, all In the same condi'ion at Smyrna III respect
to rights and duties. SO fur regards chat transac
t"D, they would have been in /, it ,ad occurred in
their Iuesence in SOME uuapprOpriated region lying
fsr beyond tho confines of any sovereign State what
evef the were the hege subject Of the law OF nature,
moral agents bound each aud all alike to 0b-eree the
Pre- epts 1T that lsw and especially that which
is Coz Il med by Divine tion and eDjons upon all
mtn every wbers, W hen not acting under legal re-
sraiI te, to do unto others whatsoever they would
that Others should do unto them; they were bound
10 90 wrong, and to the extent OF their ans to
prevent wrong from being done; to protect the
weak from bsiBg oppressed by the strong, and to
relieve the dEtressed. In the supposed, kosztl
was seized without any rightful authority. He was
suffering Grievous wr"ng-any one that could might
relieve him. To do 80 was duty i'm ,osed under
buDaD'y Captain IDgraham, in doing what be
did for the release of Kozta would in this view Of
the case be fully justified uoon this principle. Who,
in such q case, can fair take offence? Who have
right tn complaint Not the wronaduers, surely; for
they csn appeal to no law to justify their conduct
They can derive no supnort from civil authority, for
there was none called into act on; from the law
OF nature, for that they have violated.
To place the justification Of the American agents
still further beg ond controversy the undersigned
will now proc1 ed to show that kosztl when he was
seized and imprisoned at Smyrna had the national
character Of AL American, asd the government OF
the Ubteo States mad the right to extend its protec
tUn over him.
The eenuineness Of the certificate which he pro.
duced when be claimed protection as an American
citizen has been que toned, in consequence Of the
imperfect copy given by MIR. Brown to the Austrian
inferuncio; but that which he produced to the
American consul at Smyrna, and to Captain Ingra
ham, to The commander OF the Austrian brig Hassar
and to the Austrian Consul General, was genuine
correct copy OF has been sent to this Department
and verified by comparison with tho record of the
court in New York, in which Kuszta mace his de-
claration IN due firm OF law. To remove all doubt
oD this subject certified copy Of that record is an.
yf.At t<.f hin s,..tt.
1t is not coDtended that this initatory step in
the process OF naturalization invested MIN with
all the ;ivil rights OF an American citizen; but
It Is sufficient for all the purposes of this to show
tina, he was clothed with an American nation.
atty; and in virtue thereof, the government Of
the Uniteo States was authorized to extend to him
its protection, at home and abroad. Mr. Hulse-
main. as the undersigned believes, falls into Q
great error-an error fatal to some Of his mos, i'm
portaht conclusions assuming that nation can
properly extend its protection ly to native born or
naturalizec citizens. This not the doctrine of in
Rrrattona law, nor IL the practice OF nations cir
cumscribed within such narrow limits. This law
does not, as has been before remarked, complicate
questions of this natnre by respect for municipal
cooes In relation to this subject, it has clear and
aud distinct rules OF its own II gives the national
character o. the country not only to native born and
naurszed citizens but to all residents in it who are
there tn, or even without. an intention to become
citizens, provided they have domcil therein. For
eigners may, and Often do acquire a domicil in q
country, though they have catered it with the
avowed intention not to become naturalized citizens,
but ~ return to their native Ian at remote and
uncertain period; and whenever they acquire domt
Gil international law ct once impresscs upon them
the rational character Of the country Of that dom
Gil. 1t IL maxim OF international law that domicil
c0n.ers national character; II does not ALLOW any
tDe who has domicu to decline the natic;,ai ;.r
acter thus coaer-ca;; !, !. ,Soes II Upon him often
very nucU against his will, and to his great detri
ment International law looks only to the national
character In determining what country has the right
to protect If person goes from this country
abroad, with the nationality Of tho United States
this law eDjons upon osher nations to respect him.
In reg Ard to protection as American citizen. II
comedies to every country the right to protect any
ard all who may be clio he'd with its nationality.
These are important pr nciples in their bearings up
on the questions presented 10 Mr. Hulseinanns note
AMI art too obvious to be contested but they ere
opposed to some OF the positions taken by Austria
the undersigned deems IL respectful In such case to
sustain them by reference to authorities.
'lbe ,tsinon Ia = ciear one, that IL person goes
into country and eptages in trade there he
D. the Law OF pats 20 DO Considered merchant Of