Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-10-01

Captain lngralam TO look al the affair a. was al
| the precise point of time when the demand Tor the
release OF kosZta was made The antecedent events
| qualify and legalize thai act. The Austrian tunc-
iienaries had obtained the possession of the person
ui koszta. not in a fair allowable way, but by
violating the civil laws Of Turkey and the rights OF
humanity. Under these circumstances, their Gus
tody Of him was entitled 10 no respect from the
| agent of the government which, by virtue oi his
nationality, had right to protect him. llad all the
! circumstances been as they We're. except change
| OF pace-instead OF being taken from the territory
othe Ottoman Porte, had he been taken from that OF
the United States could agueston have been raised
rs to the propriety of Captain lngrahans conduct
1.-THE conclusions heretofore arrived at correct
| the Austrian agents had right To take
kusZta from the soil OF the Turkish dominions than
| from the territory OF the United States. and Cap
! tain lngraham had the same right to demand and
| enforce his release he would have had il hosza
| had been taken from American soil, and incarce-
rated III national vessel OF the Austrian emperor
| III this question, confined rs il is 10 the United
States and Austria, the place of the transaction is
innluterial, unless the Austrian municipal laws
extended over IT,
The undersigned yields ready assent To that
part oil Mr. llulsciinns note relative 10 the war
making power. The doctrine contained IN il is
sound and well sustained l'y most approved
th'rtics; but the undersigned has not Lren able To
discover is applicability to the case under ron>d-
| Grafton. The people NJ the tnnrd states, in or
EailZing their governments have been careful to
| IMPOSE more restrictions upon that power than
any ol the nations Of Europe, and II cannot be- adj
United that these nations hay. had any occasion
To reprove TIN, government for its abuse. II has
| as deep an interest and anxious II desire to
| maintain international relations OF friendship and
peace as any O! the European powers aud will do
rs much aS amy OF them for public tranquility. The
rules for It's own guidance. aud for the conduct OF
| It's agents abroad have that end specially in view
| On catering upon the duties Of his office. the
| President announced the policy which would BE-
observed by this government in its foreign inter-
| course: We have nothing III our history posi-
| tlnn To invite aggresson; We have everything 10
| bcckon us to the cultivation of relations OF peace
| and ;luty with all nations Purposes, therefore
al once Just and pacific will liz Significantly marked
in the conduct OF our foreign affairs. There need
be no apprchcnsionS OF departure from this
| course.
In pursuance Of this policy the public agents of
! this government abroad under instructions to
respect the rights of all nations and any deviation
! from that course would be promptly disavowed
| and proper repatriation made for any injury or in
suit which they might offer TO u friendly power.
| The application made by Austria to the princ
| pal powers Of Europe. TO warn aud admonsh the
| United States in regard to the conduct of their
agents on the occasion beiore-rncntioned implies
| that tins government has adopted and Is acting
| upon some primer pie hitherto unknown to the law
OF nations, and dangerous 10 public tranquility
| The communications To the government in com
| pance with this appeal, though respectfully made
and doubtless well intended. imply distri>t Of
| its good faith and fair intentions.
| The, undersigned is confident that after due
consideration OF the views here taken Of the affair
| al Smyrna. those powers which have been
| prompt to censurc will be equally prompt to cor
| rect any recipatc Judgment they may have
! formed in regard To il. He INDUCES the belief
| that after full and fair examination merely
OF detached fact. but of the whole series OF
| facts-thcy will be ahundaniy satisfied that the
agents Of this government in that transaction have
| respected International law. and III no particular
| ranSgressed the restrictions il imposes
| The vinlicaton OF these agents is not placed
| upon any principle new to the International code.
| or unknown in the practice ofcnglltened nations.
These nations do not hesitate, in the exercise OF
the right of protection To extend il to persons (Eot
always subjects according to their munich pal
laws) who are clothed with their nationality; and
in some instances they have carried this right of
protection TO limits which this government would
not venture. because il would not feel justified, To
approach nor have any Of these nations been
disposed to abandon the exercise of this right
from tiurd apprehension that it might possibly
bring them into an occasional collision with other
powers.
/ Is there anything in the character or condition
ofthis government which restricts i, in the OF
| this rght--a common Inheritance to all--within
| narrower limits than allowed to others! In
relation to international rights the United States
| ask no more than has been conceded to others.
and will not be contented with less. They put
forth principles. but claim the full benefit
| of those which are established.
Before closing this communication, the under.
| signed will briefly notice the complaint OF Austria
against Captain ngraham for violating the neutral
| soil OF the Ottoman empire. The right of Austria
to call The United States To account for the acts
of their agents affecting the sovereign territorial
! rights Of Turkey IS not perceived. aud they do
not acknowledge her right 10 require any expla-
| nation.
II anything was done u, Smyrna in dcroga,ion
OF the sovereignty of Turkey. this government
will give satisfactory explanation to the Sultan
| when he shall demand it, and it has instructed its
| minister resident TO make this known to him. lie
| is the Judge. and the only rightu Judge, in this
affair. and the mi ured party too. He has nvesti-
gated ITS merits. pronounced Judgment against
| Austria, and acquitted the United States: yet.
! strange it is. Austria has called the ni,ed
! States to account for violating the sovereign
| territorial rights OF the emperor OF Turkey.
| The conclusions al which the President has ar
rived. after full examination Of the transaction
| at Smyrna. and respectful consideration OF the
views OF the Austrian government thereon US pre-
scented in Mr.. llnlscniann's note. are that kosZta
when seized and Imprisoned, was invested with
the nationality of the United States, and they had
therefore. the right, il they choose exercise it,
| to extend their protection to him: that from inter.
national aw--thc only law which can be right
fully appealed to for rules OF action in this case
! Austria could derive authority TO obstruct or
lntrrcrere with The United States in the exercise
oi tins right. in eiectiug the liberation Of kosz,a
| and that Captain ln2raham $ interposlon for his
fthiSt WIS, HhieT the peculiar ana extraordinary
circumstances ofthc ease right and proper.
These conclusions indicate to Mr. IulScmann
the answer which tho undersigned is instructed
by the President To make to the emperor Of Aus.
| 'rla To the demands presented in Mr. llusemann's
| note.
The President does not see sufficient cause for
di>avowing the acts ct tho American agents which
complained OF by Austria. Her claim for sat
| i>inciiun that account Inns been carefully con-
Siere.l. and is respectfully declined.
,.ip,. hut
mcnt Of koszta were illegal and ,nl,,>titabIc the
resident also declines to give his consent To his
delivery 10 the consul.gcncral Of Austria at
Smyrna but. after full examination OF the case
| as herein presented. he has instructed the Under
=nc,l t. commandments to- MIR. llulscn!ann his con-
| iidrnt expectation that the emperor OF Austria
wlll take the proper measures to Cause Martin
| kostza 10 be restored to the same condition he
was in before he was seized in the streets of
Smyrna Ilic 2lSt ui June last.
The undersigned availS lil,,>i of this occasion
| To renew to Nh liGiscnann the assurance OF his
| hisn consideration.