Thibodaux minerva., 1853-10-15
Mr., Marcv's Letter.


than the able letter of Mr.. Marcy, in reply te
one from Cheyalier Hulsemann, demanding sa-
tisfaction and reparation from the United States
to Austria, for the acts of one of our naval off.
GERS. in rescuing Koszta from an Austrian ship
of war. As we have not room to publish the
document entire, the following synopsis isgiven
and if read, it will well repay the time:
"Mr Marcy states that by the law of nations
Koszta could release himself from the obliga-
tions of allegiance to the Austrian Government
that laws conflicting with this are of munich
pal character, and that any law of Austria to
this effect is inoperative upon Koszta within the
jurisdiction of Turkey, without the assent and
cooperation Of the Turkish government. And
this position, it is contended is conceded by
both Austria and Russia in their demands upon
Turkey for the reclamation of the Hungarian
and Polish refugees in 1850; for this demand
! was made not under the law of nations, but
4 under treaty stipulations, said to exist between
those powers, whose existence, however, was
not recognized by the government of Turkey,
| and both Austria and Russia were constrained
to acuuiesce in that determination Of the Otto
man Porte
8. Mr.. Marcy further states that Austria, now
aware that her claim to Costa is not sustained
by international law, again resorts to treaty
stipulations with the Turkish government. That
it is strange if any ~such exist they are not
brought forward; that again they are notad-
mitted by the Turkish government, and that we
| are justified, therefore, in assuming that neither
by the laws Of nations nor express treaty is there
any right upon the part of Austria to the power
in question.
stBut it is further contended that if any such
right exists by treaty it is only with respect to
an Austrian subject, which Koszta was not, for
he had already been sent into perpetual banish-
| ment,s and if this were not so, that by decree Of
the Emperor of Austria in 1852, Austrian sub
iects leaving the dominions of the Emperor with
out the permission of the Magistrate and with
an intertion never to return, becamesnnlaMfuk
emigrants, and lose all their civil and political
rights which in that event must have been the
case with Koszta, and which also releases him
from the reciprocal obligation and allegiance.
sIt is further stated that to place the justifi-
cation of the American agents still further be-
yond controversy, when Koszta was seized and
imprisoned at Smyrna, he had the national cha
racter Of an American, and the government of
the United States had the right to extend its
protection over him.
"For without contending that the declara-
tion of its intention to become a citizen of the
United States invests him with all the civil rights
of an American citizen, it is yet sufficient to
declare his domicil. That domicil declares
national character. That this domicil is not
lost by temporary absence, and that it is the
duty Of State to protect all who may be clothed
with its national character from any wrong or
oppression wherever they may happen to be;
and applying these principles to Koszta, it ap
pears that he had made this the place of his
domicil, that he was absent with the intention
of returning, and that he was vested therefore.
with the right to the protection of the Govern
ment of the United States, and his arrest by
Austria was an outrage, which it was our duty
to resist
"There is still another ground relied on. By
the laws of Turkey and other Eastern nations,
the Consulates therein may receive under their
protection strangers and sojourners whose reli-
gon and social manners do not assimulate with
the religion and manners of those countries
The persons thus received become thereby in
vested with the nationality of the protecting
consulate. These consulates and other Euro
pean establishments in the East, are in the
constant habit of opening their doors for the
the reception of such inmates, who are received
irrespective of the country of their birth or allie
glance 1t is not uncommon for them to have a
large number of such proteges. International
law recognizes and sanctions the rights acqui-
esced by this connection.
siIn such condition was Koszta. Hewas fur
nished 7ezkereh, or letter of protection, by the
Consulate at Smyrna, and was thus situated
when arrested by the Austrian agents Under
these circumstances, it is concluded, that for
anything done at Smyrna derogatory to the
Sovereignty of Turkey, this Government will
give satisfaction to the Turkish Government but
that with respect to the demand of Austria,
sthe President does not see sufficient cause for
I'm oo{s % ANN &c
which are complained of by AUSTRIA Her
claim for satisfaction on that account has been
carefully considered and is respectfully de-
clined.''
The document concludes as follows:
stThe conclusions at which the President has
arrived after full examination of the transac-
ton at Smyrna, and respectful consideration
of the views of the Austrian Government there
on, as presented in Mr.. Hulsemanns note, are,
that Koszta when seized and imprisoned, was
invested with the nationality the United States
and they had, therefore, the right, if they choose
to exercise it, to extend their protection to him
that from international law-the only law which
can be rightfully appealed to for rules Of action
in this case-Austria could derive no authority
to obstruct or interfere with the United States
in the exercise of this right, in gGecting the IL
beration of Koszta; and that Captain Ingra-
hams interposition for his release was, under
the peculiar and extraordinary circumstances of
the case, right or proper.
These conclusions indicate to Mr.. Hulse-
mann the answer which the undersigned is in
structed by the President to make the Emperor
Of Austria to the demands presented in Mr..
Hulsemann's note.
"The President does not see sufficient cause
for disavowing the acts Of the American agents
which are complained Of by Austria. Her claim
for satisfaction on that account has been care
fully considered, and il respectfully declined.
Being convinced that the seizure and inn
prisonment of Koszta we're illegal and unjusti-
fable, the President also declines to give his
consent to his delivery to the Consult General at
Smyrna but, after full examination Of the |
case, as herein presented, he has instructed the
undersigned to communicate to Mr.. Hulsemann
his confident expectation thst the Emperor Of
Austria will take the proper measures to cause
Martin Koszta to be restored to the same con-
dition he was in before he was seized in the
streets Of Smyrna on the 21st Of June last.
' The undersigned avails himself Of this oc-
casion to renew to Mr.. Hulsemann the assurance
Of his high consideration" W. L. MARCY.
The DEAD OF THE MEDITERRANEAN.-The
whole channel Of the Mediterranean must be
strewed with human homes CarthagenianS