Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1853-10-03

Austria appears to have been that her right Il
seine kosEa could b. sustained by international Law
and she has attempted TO derive Il from certain treaties
or ancient eaptulatots by ueay and usage" The
slight aud nexplcit In which this authority Is ad
verted to in Mr. Husemanns apparently indicates
not want OF confidence Ia t. at least desire TO have
scrutinxed there really such authority,
was OF such an extraordinary character assume,
to be, would have constituted Austria must hav,
CLEARLY seeu the main strength II her case aud she woult
not have referred toll In such leave the
existence OF open doubt or question The
referring To Il Is the following
As there be doubt, therefore, concerning th,
question Of nationality tho Consul General OF tho Emperor
at Smyrna without doubt perfectly justified when IN
virtue Of those treaties which subject Austrian subjects IN
Turkey eonsolar jurisdiction he seized the person
koSzta within the pale Of his jurisdiction.
IL there be such treaties comforting such power with
such extraordinary Of enforcing It, strange indeed
t that more prominence Is not given to the fact in Mr.
llulscmanns communication. Why the dates OF these
treaties withhedy What Il still important, why l.
not the language conveying this authority quoedr The
undersigned Is constrained, Tor reasons he will briefly
sign TO question the of tho Interpretation which
derives the right claimed In the above paragraph FROM
any existing treaty between Austria and the Ottoman
Porte.
TIE Austrian intcrnuucio at Constantinops in a con
ference with Mr. Marsh the American Minister resident
spoke OF such right derived from aneen cap itula
tons by treaty and usage IL Is not shown alleged that
treaty since lSIg have been entered into
10y Turkey and Austria. The "anccnt capituatons" werc
relied support the demand in that year for the
render of the hungarian refugees; they scrutnzed
them.
The French and English Ministers at Constannople,
who advised and sustained the Sultan in resisting the de.
nand o Austria for their cstadton, would not have Civ
such advice il they could have found in eNsting
ties any authority for that demand any obligation on
the part of the Sultan yield To it, Lord Palncrston
then her Britannia Majestys Principal Secretary of State
for Foreign Affairs carefully examined these treaties and
expressed his conclusions thereon in letter Sin STRAIT.
ford Canning dated eth September lSI9 In this let.
ter which contained an extract from one of these
OF
tra founded t.m for the surrender OF these refugees
he SAYS The utmost that could be demanded would
that they tho refugees should not be allowed reside
permanently in the Turkish empire.
Coming down to laer periodic the very transac tons
at Snyna-abundant found for denying that
Turkey then under any treaty obligation deliver
koszta to Austria that her had author
ity 10 seize him. Ga this subject l. is allowable resort
to tho declarations of the public Of the Porte
idencc In regard To issue OF this kind Their explicit
denial bc fairly considered equivalent Austss
Affirmation without proof where proof II existed could
be easily adduced
In despatch this government of the 18th Of August
1883 Mr. Mash the American Minister resident AT Con-
sianIinOplr, SAYS:
IL have had several conversations this subject with
the Minister OF Foreign Affairs and with Ali Pacha Gov
OF Smyrna at the time the affair took place. These
distinguished persons very far from expressing any dis.
satisfaction with the course pursued by They sustain
the view the legation has taken Of the legal character
the question aud Ali Pacha informs that few years
since the Austrian government refused to surrender the
Porte Turkish rebels who hal He'd into Austria the
very ground taken hy the Porte-namely that the
did prov dc for the eNtradon Of political Of
Tenders"
Mr.. Brown tine Charge d'AHars al interim Of the
United States C0nstSntinoplr writes that in inter
view with ChChi Efindi also Turkish officer OF high
rauk and great experience, in which the affair Smyrna
discussed he observed that the Austrian govern.
ment does not the power 10y treaty any
Ottoman soil for political Offences" There i
however, something more decisive from Turkey than the
opinion ui her public in opposition this claim
of Ot a. has ga
Judgment in relation Ia the seizure Of kO-Eta which
Ausua herself j. bound respect. IL has protested
against the conduct OF the Austrian agents in that affair
unlawful aud violation OF it, sovereignty; hut
word Of complaint, not of dissatisfaction, from
Turkey against the conduct of the funclionacs Of the
United States at Smyrna has yet reached this government
This certainly anomalous Austria urrngns the
Uued States Tor violating the rights Of Turkey the
knzta affair Turkey the offended party tire
Uurd States and protests against Austria, accuser
for the very offence.
Ll.N IN