Eastern times., 1853-10-13

Smyrna are its true features to be discerned.
Koszta being beyond the jurisdiction of Austria,
her laws were entirely imperative in his case,
unless the Sultan Of Turkey has consented to
give them vigor within his dominions by treaty
stipuations The law of nations has rules of
its own on the subject Of allegiance, and dis
regards generally all restrictions imposed upon
it BY municipal codes.
He discusses the claim set up by Austria that
| by treaty with Turkey she has a right to arrest
subject on Turkish soil for political offences,
and disposed of il in an nnanswerable manner.
After citing other proofs to the contrary he says
There is now, however, something more de-
cisive from Turkey than the opinion of her pub
lie men, in opposition TO this treaty-clam Of
Austria. The government Of the Porte has
pronounced judgment in relation to the seizure
of Koszta which Austria herself is bound to re-
spect. II has protested against the conduct Of
the Austrian agents in that affair as unlawful,
and violation of its sovereignty but not one
word Of complaint, not murmur Of dissatisfac-
tion, from Turkey, against the Conduct Of the
functionaries Of the United States at Smyrna,
has yet reached this government. This is GER
talnIy an anomalous case Austria arraigns the
United States for violating the rights Of Turkey
IN The Koszta affair; Turkey, the offended par
ty, exonerates the United States, and protests
against Austria, our accuser, for the very same
offence
lie then proves that Koszta was not an Aus
tran subject at the time Of his seizure He
does this by decree Of Austria herself, that
Austrian subjects leaving the domlnions of the
Emperor without permission of the magistrate
and a release of Austrian citizenship, and with
an intention never to return, become unlawful
ly eTnigrans, and lose all their civil and politi-
cal rights at home f
BY this decree, having no civil and political
rights in Austria, no redress for personal
wrongs, and no claim to the protection Of the
government when abroad Austria had no fur
ther claims upon him. Mr. Marcy then claims
that kOszta having domiciled himself in this
country, he had clothed himself with its nation
aity. To lose a domicil, when once obtained,
the domiciled person must leave the country of
| his residence with the intention 10 abandon that
| residence, and must acquire a domicil in an
other. Both of these facts are necessary to eff
feet change of domicil, but neither of them
exists in KosZta's tase. The facts snow that
he was only temporarily absent from his coun-
try, on private business, with no intention Of
remaining permanently in Turkey, but on the
contrary, was, at the time Of his seizure. await
ing an opportunity 10 return to the United States.
a
tlons, an individual becomes clothed with our
national character, be he a native born or ma
turalised citizen, an exile driven from his early
home by political oppression, or all emgrant
entlced from II by the hopes Of better fortune
for himself and his posterity, he can claim the
protection OF this government, and it may re-
spond to that claim without being obliged 10 ex-
plain lis conduct to any foreign power, for it is
lis duty To make lis nationality respected by
other nations, and respectable in every quarter
Of the globe. This right to protect persons hav-
ing dumlcll, though not native-bOrn or natur-
aised citizens, rests on the firm foundation of
justice and the claim TO be protected is earned
by considerations which the protecting power
is not a: liberty 10 disregard. Such domicled
citizen pays the same price for his protection as
natlve-born or nauralised citizens pay for theirs
lie is under The bonds of allegiance 70 the coun-
try of his residence, and if he breaks them in
ours the same penalties he owes the same
obedience to the civil laws, and must discharge
the duties they impose on him his property is
IN the same way, and TO the same extert as
theirs, liable to contribute TO the support Of the
government. In war he shares equally with
them IN the calamities which may befall the
country his services may be required for its
Defence his life may be perilled and sacrificed
honor. In nearly all respects his and their con-
tltlon as to the duties and burdens Of govern
ment are undistingushable and what reasons
can be given why, so far at least as regards
protection TO persons ard property abroad as
well as at home his rights should not be cock
v tenslve with the rights of native born or natur-
alsed citizens BY the law of nations they
/ have the same nationality and what right has
any foreign power, for the purpose of making
distinction between them, to look behind the
character given them by that code which regu-
lates national intercourse1 When the law of
nations determines the nationality of any man,
foreign governments are bound to respect lis
decision
After long argument chiefly relating to his
tory and technicailies relating TO the affair Sec
retary Marcy says
The first aggressive act in this case was the
seizure of Koszta at Smyrna, committed by The
procurement of the Austrian functionaries-the
\ first improper use of national ship, the impris-
\ onment Of KosZta therein, was made by the
commander of the Austrian brig Hussar. The
\ ship was converted into prison for the illegal
detention Of person clothed with the natiOnaIi-
\ ty Of the United States, and consequently enti-
I tied TO their protection. lfAustria upholds, as
it appears she does, the conduct Of the COM
/
aggressor. This act Of the commander of tie
Hussar led to the series Of other acts which
constitute the gronnd of complaint against the
! United States. The alleged authority of Aus
tria under treaties being set aside, no one would
have questioned Captain Ingraham's S right, had
he been present, to arrest the proceedings ofthe
kdnappers in the streets of Smyrna, and rescue
Koszla from their hands. They were acting
without, and against the civil authority of the
place they were committing an atrucious out
rage upon person invested with the natonali-
ty of the United States. If he could have pro-
pery interered in the first Stage of this lawless
transaction, he might do SO in the last. The
act was in all lis stages continuous wrong,
and the character of the actors, though there
was succession of persons was the same they
were all wrong-doers and if they chanced 10
have the possession of national ship, and CON
verted it into a prison for the purpose of con-
summating this wrong, that ship, tn US desc
Grated, was not entitled to the privileges of
sanctuary. Those who had the right to claim,
and the power TO release, the prisoner illegally
confined therein, might treat it as prison, and
while it was degraded to such an ignoble pur-
pose might forget, and be excused for forget
ting, that il was a national ship
The end a; which the Secretary arrives, is
laid down as follows
The conclusions at which the President has
arrived, after full examination Of the trans