Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-10-07
Secretary Marcy's Letter
Reply or THE L. 5. To THE AUSTRIAN PROTEST
CONTINUE

not there fore, be applied 10 Koszta unless he
was subject at the time he was seized. II
the question Of his nationality is 10 be- settled
| by international law. The only cole " hich fur
nishes The rules by ~h Oh this question Is Ia be-
determined. there IS no good reason lor AL
| Judging him to have been, when seized at
smyrna, al Austrian subject But settle this
question as Austria would have II settled, by
an appeal Ia her own civil code, and the result
will be the same.
BY the consent and procurement OF The EN-
peror OF Austria, Koszia has been sent into per
petual punishment. The Emperor was par
y to the expulsion Of the Hungarian refugees
from Turkey. The sovereign by such an act
1eptiees his subjects TO whom it is applied of
III their tights under his government. He
places them where he cannot, il he would. af,
ford them protection. By such an act he re
leases the subjects thus henished from the
bond of allegiance. Any other result would
make The political connection between the sub
Ilect and the sovereign a state If rnmltigalrd
vassolage. IN which all tie duties and no rights
would he on side, and all The rights and
no duties would he on the cher Koszta must
hc regarded as having been bauished by Aus
tia; for he was one of the Hungarian refugees
HON she procured 10 he expelled from Tur
key in 1851 They were released from con-
fnement at kuiahai on the condition of sub
hitting to perpetual banishment, and she had
two persons present at their q, pa,ture .who
claimed and obtnined there an active share in
he arrangements" Kosza could never there
lfer be rlghlfully demanded as an Austrian
subject
Tie proposition thai Koszta at SmYfnl was
not an Austrian subject can be sustained on
another ground. BY deere ofrhe Emperor
of Austria of the 9th Of March. 1852, Aus
tlian subjects leaving the domiuions IF the En-
peror without permission Of The magistrate md
"A release OF Austrian citizenship, and with an
intention never TO return, become "unlap|li
emigrants," and loose all their civil and poliro
zeal rights at home.-( Ency. Amer Tit Emf
grafton, kents Com, so. 81.
Koszta had left Austria without permission.
and with the obvious and avowrd intention
never to return; he was, therefore, within the
strict meaning Of the imperial decree, ian OH
lawful emigrant." He had incurred and paid
he penalty of that offence by the loss of his
civil and political rights. If he had property,
it had escheated, and he was reduced 10 a
slate worse than absolute eenagc; for aliens
have, by right, the benefit of the civil laws for
protection, in whatever country they may he
Stripped by this imperial decree of civil and
political rights, Koszta had, in Austria. no re
dress for persona wrongs, and abroad he had
no claim TO protection from the government hat
would still hold him as a subject He was, in
regard tn Austria an outlaw. What rig ht can
a sovereign have to the allegiance Of pc, son
reduced by HIM To such a miserable condition 7
1t seems TO have been the very oIject of the
Austrian decree to dissolve the previous po>
Utica co1nexlon betw cen the unlawful emf,
grant" and the Emperor In Koszla's case it
was dissolved.
Some importance seems 10 be ATTACHED to
k"szta' own opinion of his citizenship. The
noie OF MIR. Hulsemann conveys the impression.
though 1t does not contain the express aver
ment, that he ackno wledged himself to be a
subject of the Emperor Of Austria The pas.
snge when closely examined, shows that the
alledged acknowledg ment is only an inference
trom undlsclosed premises. The language of
the note on this subject is the follow ing "The
very declaration of that refugee on board Of
the Hus2ar, IN the presence of he American
Consul aid the commander of the st Louis.
shows that he still considered himself as sub
ject of the Emperor" The declaration refer
red 10 IL support of this inference is not given.
but 1t is undoubtedly the response Koszta is re
ported Ia have made when interrogated as To
his being American crizen: IL am Hun
garlan, and will live aud die IA Hungarian -
Mr.. Brown the Charge d'Affaires ad interim
OF the United States at Constantnople, " ho
was not at Smyrna any time during the trans,
acton in relation To koszia, stated in a letter
to Baroi. de Bruck something like the forego
ing declaration; but Capt Ingraham. who was
present as MIR. Hul>e mann states, when X osz,a
was examined, and mnde the declaration i'm
puted to him. saws, in writing to the Minister
Resident of the United states: Il am astonish
ed 10 see 10y Mr.. Browns letter that koszta de
clared himself on our first interview Hunga
rian. | did not hear him say So"
1t may wei he doubted whether Koszta
ever used any such language. Should ihow.
ever, be admitted that he did make that or a
similar declaration, it cannot be fairly under
stood to imply an acltnow Judgement that he
as then suhjeel of the Emperor Of Austria
To aPprehend rightly what he meant by such
declaration it is proper to consider his STU