Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1853-10-08

Massachusets &c. of contain already the following
The right Of declaring war and to make peace shall be-
long solely and exclusively to the Congress of the United
This basis of the public United States was pre-
served by the constitution United
of 1887 which the power of declaring explicitly
to Congress, (section VIII
Upon point the constitution the United States
monies perfectly with the public law of Europe
But this reserved to the power of each
forces others to be explicitly acitly authorized to
undertake. either OF their accord upon the order
with the consent of diplomatic consular agent, TO
nit acts of aggression and of against the vessels the
troops of another nation without special instructions from
the supreme authority of their country notified in the
forms prescribed by the law of nations
1t is impossible that the regular of the civ
general peace to the hazards Of hostes commenced with
out their knowledge and without special authority from the
land.
IDLY This act of hostility has been committed in neutral
port of power friendly to both nations
Certainly If there be point of maritime and interna
toual law which is clearly and positively defined and which
has been adopted by all the powers of the world, it is the
nvolablty of neutral ports the absolute prohibition from
be bom o. g
history furnishes but few examples of cases OF this kind
India feet which had taken shelter the port of Bergne
in Norway by the admiral commanding the forces of the
of the fort of that Neutral port Taan authority unfver-
sally recognized in matters relating to the law of nations
having complained in too faint voice Of an undertaking so
injurious to her dignity and her rights.
In order the better to establish the of all
tions and the unanimty of all expounders Of civil law on
this I'VE can the tS 0on OF "a an Gr
Wheaton,: The rights of war; says he, elements of In
only within territory the begercnt powers upon the
high seas or in territory belonging to no one Hence it
the territorial of the neutral State which the
common friend of both parties. Thcn 8: Not only
its of this jurisdiction absolutely illegal void cap
tn e Of or m Se 0 f
for the purpose of exercising the rights of from this
stationed itself within Mississippi
territory of the United States for the purpose of exercising
tanning information the Baz and Overhaulng vessels
their down the river and made the capture in
its mouth restitution of the captured vessel deerecd
by Sir W. Scott. So also, where begcrent ship lying
within neutral territory made capture with her boats out
of the neutral territory the capture held to be nvad
lying of the territory yet such of
neutral erroy for the purpose of to be permitted
territorial jurisdiction of neutral State which has friendly
relations with both parties severely condemned by all
cruisers in the BAYS of neutral State by boats
of the vessels stationed there out Of that terto are null
and Illegal according the Of the United States and
the DEGREES of the maritime courts of Great Britain at
port deserve be cesured in still
The history of maritime wars at the period of the French
Jealousy with which the government of the United States
maintained the rights OF neutrals and the undersigned
would cite celebrated cases. which the first
of the Union the most distinguished predecessors of
Mr. Marcy in the high position which he fills have defended
elaborate arguments. But the undersigned fully per-
Suaded that doctrines will guides
government OF the United States on the present OCCASION
he confines himself the slight ason to those principles
which formerly and recently supported
by the of the United States relation the
rights of neutra and especially in regard to the
The imperial government entera;ns high opinion
of the of justice and of integrity of the of
dsavow the conduct of its agents. under the
above mentioned, and that it will hasten call them a
severe account and render to Austria satisfaction proper
tionate to the magnitude of the outrage.
The undersg avails himself of This occasion offer
tho Sn0ra lf oh
HULSEMANN.
The Hon WV. L. MARCY,
Secretary of State of the United States.
Nr. Marcy to Mr.. HulsemGnn
DEPARrMENT OF STATE /
Washington, September 90, 1883:
Husemann, Charge dArs of his Majesty the Emperor of
Austria of the 18th u'tino addressed this department
Smyrna i'll June and July last with view
ascertain the nature of the complaints therein preferred
the of giving such satisfaction as Austria might be
had not duly respected her rights.
Though differing much from the views presented by
still INDUCES the hope that the exposition of the principal
which his own conclusions founded will
duce his Majesy to look at the transaction in
different light from that in which is presented by that
government.
to Mr. Hulsenann, and he will fail in his intention if per-
avoiding far be done without mpairing
strength of the the introduction of topics which
III.
ton.
To bring conspcuousy the questions passed up
the undersigned that the facts should be
fully and clearly stated than they in Mr. Hulse-
mann'S note.
Martin Kosza, by birth Hungarian, and of
Austrian subject at that time took and active part
in the political movement of 184S49, designed delach
Hungary from the dominion of the Emperor of Austria AT
the of that disasterous Kosza,
with many others engaged in the cause fled from
Austrian dOmnons and took refuge in Turkey. The
ditOn of their ugtves KosZa among them, demanded
and pressed with Austria but firmly resisted
by the Turkish They were however, confined
Kuaha but at length released with the understanding
by of Austria that they shond leave
Turkey and foreign parts Most of thcn is be-
leved before they obtained their release, indicated the
United States the country of their exile 1t is alleged
that kosza left Turkey company with kossuththS
believed mistake and that he engaged
turnhisis regarded doubtful To this of BAN
ishmenor such is the true character of their expulsion
from TurkeyAustra gave her consent: truth, it
the result of hep efforts their exradtOn and
accepted by her substitute for it, She had agents
at Kuaha to attend to their ebarkaton,
the of this the
as if it had been done directly by herself and by
agency of the Ottoman Porte KosZa to the United
States and selected this country for his future home
On the 3ls of July, 1882 he made declaration under
OATH before the proper tribunal of his intention become
citizen of the United States, and oil allegiance
to any other State or sovereign.
After remaining here and eleven MONTHS he
turned account is alleged, of private business, of
temporary character to Turkey in American vessel
fered to place himself under the protection of the United
States Consul at Smyrna The Consul at first hesitaed to
recognize and receive him SUCH but afterwards and
time before his seizure he and the American Charge AT
fairs Gd interim at ConsantDopie did extend protection
him. and furnished him with 1zEerea kind of passport
letter of safe conduct usually given by foreign c0nss
Turkey to whom they extend projections by
Turkish laws they have right to do 1t is important
ofoffor