The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-06
VOL. VII.

| it is considered a politieul connection in tho
nature of civil contract dissoluble by mutr
al consent, but not 80 at the option Of eitbc,
party The sounder and more prevalent do
trine, however, is, that the citizen or sub;ect
having faithfully performed the past and nres
eat duties resulting from his relation 10 tha
| sovereign power, may at any time release hin,
self from the obligation of allegiance f,eaIa
quit the land Of his birth or adontion ~
through all countries a home, and select az,
where that which offers him the fairest ~,
pect OF happiness for himself and his postar;ta
When the sovereign power, wheresoeyer Il m:,,
be placed does not answer the ends for VT
it is bestowed, when it is not exerted sor ,tu
general welfare of the people, or has bocon,e
oppressive to individuals this right to viii
draw rests on as firm a basis, and ia s,m;Io. :.
principle to the right which legitimates ra,;a,
ance to tyranny.
The conflicting laws on the subject of allo,;
ance are of a municipal character and bayas
controlling operation beyond the terr;Lr;J
limits OF the countries enacting them. An"
certainty as we'll as confusion ON this suI;a..
IS avoided by giving due consideration 10 ~
fact that the parties to the question now nn
der consideration are two independent nat;ona
and that neither has the right 10 annaaI 10 =,
own municipal laws for the rules TO settle ,ha
matter IN dispute, which occurred within tbo
jurisdiction of third independent Power ''
Neither Austrian DEGREES nor America, ,a,s
can be properly invoked for aid or direction r.
this case, but international law furnishes tba
rules tor a correct decision, and by the lipbt
from this source shed upon the transaction at
Smyrna are Its true features TO be discerned
koszta being beyond the jurisdiction of Aus.
trla, her laws were entirely imperative in b;s
case, unless the Sultan OF Turkey has consent.
ed to give them vigor within his dominions nv
treaty stipulations. The law of nations has
rules of it's own on the subject Of allegiance
and dsregards generally all restrictions i'm.
posed upon it by municipal codes.
This is rendered most evident by the pro-
ceedings Of independent States in relation 10
extradtion. No State can demand from anv
other, as a matter of right the surrender of
native born or uaturalized citizen or subject An
emigrant, or even a fugitive from Justice. un.
less the demand is authorized by express treaty
stipulation. International law allows no such
claim, though comfy may sometimes weld
what right withholds. To surrender political
offenders land in this class Austria places
koszta) is not a duty ;~but, on the contrary.
compliance with such a demand would be con.
sldered dishonorable suhserviency to a foreign
Power, and an act meriting the reprobaton of
mankind. AS rendering needless all further
argument on this point the undersigned will
recall to Mr.. Hulsemann's recollection what
took place in 1919 and 1850 in relation to the
reclamation of Polish refugees in Turkey by
Russia, and OF Hungarian refugees (of whom
koszta was one) by Austria. This demand was
made IN concert as it were, by two powerful
sovereigns while their triumphant armies
which had just put an end to the revolutions
ry movements in Hungary, stood upon the Dor.
ders OF Turkey, with power to Grace her name
from the list OF nations. She might well an
prehend for herself as the nations of Western
Europe apprehended for her, that refusal in
her critical condition would put in jeopardy
her existence as an independent Power; but she
did refuse, and the civilized world justified and
commended the act Both Austria and Russia
placed their respective demands on higher
grounds than right of extradition under the
law of nations; they attempted to strengthen
their claim by founding it upon the obligations
of existing treaties--the same undoubtedly
that are now urged upon the consideration of
the United States. Russia and Austria, how
ever, both submitted 70 the refusal and never
presumed to impute to Turkey the act of re-
fasal as breach of her duty or a violation of
their rights
TO show that the very same claims to rights
now set up in this case were overruled and re.
pudiated in lS49 and 1850 the undersigned
will refer to the cOtemporaneous views of emf
nent statesmen in regard to the conduct of the
Sultan in refusing to surrender, on the demand
of Austria and Russia, the Hungarian and
Polish refugees who were claimed by these
powers as rebels and traitors.
SIR StrGtfOrd Canning, the British Ambassa-
dor at Constantnople, entirely approved of the
Sutan's course on that occasion--indeed he
advised it, In letter to his Government, da-
ted the Sd Of September, i849, he says: "On
grounds of humanity not unmixed with con-
siderations as affecting the Portes character
and future policy | have not hesitated to ad-
wise decided resistance to the demand Of ex-
tradition From another letter of this Am
bassador, dated the 18th of December, COM
menting on and commencing the courageous
hrmness of the Sultan, in refusing the demand
Of these powerful Emperors for the surrender
Of these fugitives, on the same pretence a. now
set up by one of them to Justify the seizure Of
koszta, this extract is taken:
ALLOW me to add, my Lord, that in proper.
ton as admire the courageous firmness with
which the Sultan and his Government have de-
termned to make this stand in the cause of hu-
mainly and of the rights of honor and dignity,
against demand alike Objectionable in sub
stance and in form, feel deepening anxiety
for the result of their resistance, and for the
degree of support which her Majesty's Govern
ment and that Of France may find themselves
at liberty to afford, not only in the frat instance,
but in still graver circumstances, should the
present partial rupture unfortunately assume
more serious and menacng character"
Ia these views the French Minister resident
at Constantinople fully concurred, and 50 did
the British and French Governments; and both
were prepared to espouse the cause of Turkey,
il her humane and honorable course in refusing
these unwarrantable demands had provoked
the resentment and brought down upon her the
hostilties Of these mighty potentates. The
opinions of other distinguished men, approving
OF the decision of the Emperor Of Turkey in re
fusing to surrender the Polish and Hungarian
refugees, both on the ground OF humanity and
right, have fallen under the notice Of the uu-
dersigned, but he has lorborne to quote them,
on account of the unworthy motive ascrbed
therein to the Powers making the demand, and
the harsh epithets by which their conduct is
1t is an incident Of great significance, and
bearing authoritatively upon some Of the most
important questions now raised, that the case
of Koszta flor he was one OF the Hungarian ref
ugees then demanded) was fully discussed in
ISi9, not only by the parties, but throughout
Europe, and decided against the right Of Aus
tria to require his extradtion, either under the
law of nations or by existing treaty stipulation
This decision deeply interested not only rulers
and statesmen, but the great body of the people
of every country. They investigated its merits,
admitted its justice, and commended the firm
ness and humanity Of the Sultan for his course
1t is to be regretted that this claim for the
surrender of Koszta and his companions, {,
fully considered then and so sgnally overrucd
should be again revived by Austria, under en-
which makc the Limited States