Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-10-12
POLITICAL; u !, E, { :


tE0T TIE PRESIDENT to The Austrian GoCeg7gNe11,-
lds Kosztu Must Be Restoredg ;sdi SO gsa2,sW 9d
1ao Secretary Marcy $ answer to Mr. Hulsemann i
the Koszta affair. blished in the New Yorl
papers of the s0th 1t is one of the ables
most aFgumentiye, most ruly,dignifed document
that lever ehnanated from the American Govern
Iaent: IT'S logic is utterly annihi1atDg It doesh'
leave q yestige Of Hulsemann and his. positions
It plays with them as a-whirlwind plays with the
straw. 81 So to- speak, itIkiHs the Austrian charg
some twenty times over, by as many wholly diff
ferent, but equally conc clusive processes. TIL
style of the document is clear and flowing like
river. a has an,ease and freshness about it t.
which State papers too often strangers. It il
altogether, in matter and manner, lin argument a.
in language thorough y Amer RI can-one. of which
every Amerean etizenef whatever political ifaitE
must be gloriouslyA Aproud-sIcS f1offaaYaj silt 10
The reply opens with clear succinct state
rnent Of the seizure of Koszta and his deiverance
from beginning TO end as gathered from of6cia
and reliable, sources. tydys ha7r.ga9 zor. rsflst
Secretary Gthen lays down and maintains
propositions: " '7oa7a'o1 9h,I
1st Kosza, at the time Of his arrest, was in
Turkey, entireIy beyond the Of Austria
where her (Austria.s 81 claims were wholly inope-
srative, unless the Sultan of ofTurkey has consented
give them vgor f his d6minions minio by treaty Slip
ulations. This he has not DONE There is no
treaty existing betwnen Austria and Turkey
which, could justify o erin any way eonntenance,
the seizure and i'm prisonment EofI aKoszta at
Smy rna. 4 G5 gl al cav lacTj s32iF2s 'aif %5s4t
~ I'd. aKosztas had been banished from Austria.
He had, been deprived of allih his rights. r. Heawas
thus released from his bond of allegiance. He
could never, therefore, be rightfuly demanded as
an sAussrian subject; " -5 '',' -
sd. All parties at the time Of the affair were
without, the immediate presenceband controlling
direction of civil and International law: s7oJ
= "'Ih the case supposed, Koszta was seized with
out any rightfuT authority, II was suffering grs
yious wrong-any one that could might relieve
him. To do SO was a duty imposed under the
peculiar circumstances of the case by the laws Of
humanity Capt. Ingraham doing what he did
for the release Of Koszta would in this view of the
case, be- justified upon thissprinciple. Who in
such case, can fairly take offence? Who have
a right to complain! Notthe wrong -doers, surely;
for they can appeal 70 no faw to justify their con-
Duct They can derive no support from civil au-
thority for there was none called into action; nor
from the law Of nature, for that they have violated
4th Martin Koszta was fully clothed with the
national character Of an American, and the goY-
the United States had rightto extend
protection tohim.4s The certifcateswhich he pro-
auccd to the American Consul, at Smyrna, and
Captain Ingraham, was genuine--has been Of
ficialy authenticated. The intiatory step of FL
ing his intention to become an American citizen,
does not constitute him one but it is sufficient for
all the purposes of athe case, ito show that hs was
clothed with an, American nationality.25i iaHeii5
eft is maxim OF international law that domicil
confers a national character; it does not allow
any one who has donnie to declineethe national
character thus confered;it forcessit upon him of%
,envery much against his will, and his great de-
.riment. International law looks only to the ma
ional character, in determing what country has
right'to protect If a. a5person goes from this
country abroad with the nationality of the United
States this law enjoins upon other nations to re-
spect him, in regard to protection, as an Ameri-
;an citizen, It comedies to. every country the
light to protect any and all who may be clothed
with its nationality. ~ ,Ts5@:5:A 13g3 -: - yea
IA y ~ I*aaq* fa3* aEf* zalis* cg ~ hs8s* ,s7s
s@'sApply these principles to the case under con-
and the Inevitable result is that Koszta
lad domicil in the United States. He came to,
and resided ins this country one year and eleven
months He came here with the intention fof
making itzhs future abode The intention was
manifested in several ways, but most Significant.
y by his solemn. declaration. upon oath. There
ian be. no better, evidence of the design of his
making the United States his future home, than
,uch declaration; and to this kind of evidence
# the intention, the Indispensable element Of true
iomicil, civilians have always attached imPor-
ance. (Phillinore Sec lss. )saIn, the case of
Koszta, wea hayeal thatsis required teaproVe he
lad a. domicil in the United States-the concur
.ence of an actual residence, with the intention
o make this country, his future rhome.al 10 ss1od
I "The establishment of his domcii here invest
ID him with the national character ofithis coin-
ry, and with that character he acquired the right
o claim protection from the United States and
hey had the; right to extend it to him as longas
hat tscharacter continued ~ se15iG lE79vs@ Seef
5th. Koszta was invested with this character
when he was Kidnapped in the streets Of Smyrna.
.The national character acquired by residence
,emains as long as the adoniicili continues, and
hat continues in the country Of his residence, un
ii he acquires a new domicil,' At,the time Of
The outrage, he had not acquired4a new domicil.
''This right protect persons having adomicil. ;.
though not native-born or naturalized citizens,
rests on the firm foundation of justice; and the
claim to be protected is earned by considerations
oh III n ,IIhoPfV.
disregard. Such domiciled citizen pays the same