Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-10-07

own doom by the know ledge oil the sad tate
et sn mary oil his unfortunate eomPanons -
|, tIis forlorn condition he could mol have In
tended. l.y The language ascrihed 10 him, 10
acLnowtedge anv nnbroken tie Whlch then
bound him 10 The Emperor OF Austria.
I he undersigned is brought, by a fair appll
c,lian ,l sound principles Of law, and by a
ctr.fli consideration Of the ia, Is, 10 thus i'm
potent cnncluson-that those who acted IN
behalf 81 Austria had no risht whatever 10
s,ize and impfison Martin koszia.
It ~ H be conceded hat the civil authority
ofTurkey during The whole period of the oc.
cnfences at Smyrna was dormant, and IN no
way called into action Under these cifcum-
siances-Austria without any authorliy-Tnr
key exercising none - and the American fnnc-
innaries as Austria asserts, having no right in
behalf of their government To interfere In the
aft ir, IA proposition Inch will he hereafter
contested what. then. was the condition Of
the parties nj the commencement of The OUT
rage. and through It's Whole progressi They
were all in this view Of die CASE without the
Immediate presence and controlling direction
If civil or international law in regard 10 the
treatment of koszia The Greek hircllngs.
koszta their victim, and the Austrian and A,
merican agents, We're, upon lhls supposlion,
ali in the same condition al Smyrna, in re
suect TO rights and duties, so far as regards
that transaction, they ould have been in, il
1t had occurred in their presence in some unap
proprial.d region |, ing far levond the confines
of any sovereign State whatever; they Were
The lege subjects OF the law of nature, moral
agents. bound each and all alike TO observe
the precepts q. that law, and esp, cially that
which Is confirmed b, divine sanction. and
erjons upon all men e, eryw here, when not
acilng under legal Il strain s. 10 do unto others
" hatsoever they would that others should do
unto hem; by were hound To do no wrong.
aud 10 the extent ofthcir means to prevent
wrong from being done; II prevent tie weak
from being oppressed by the strong, and to
relieve the distressed In the case supposed
koszte was seized without any rightiul au>
thorhy. lie " as suffering gtievous wrong
any one that could.ml : ht relieve him. To do
SO was duty imposed under the peculiar Cir
cumstances ot the case by the laws Of human.
~. Captain lngraham,in dong " hat he did
for the release OF Koszta, would, in this view
OF the case be fully justified upon this princi.
| pie, Who, IN such "a case, can fairly take of
iensr! Who have right 10 complain? Not
the wrong>doers surely, for they can appeal to
10 law TO justify their conduct. They can de
rive no support from civil authority, for there
was none called into action; nor from the law
OF nature, Tor that they have violated.
To place the Justification of the American
agents still further beyond controversy, tho un
dersighed will Low proceed to show that Kosz
Ia, when he was siezed and imprisoned at
Smyrna, had the national character of an A
mencah, and the government OF The United
/ STA \ ta, the ri hi T. eytenI its
over him.
The genuinenss Of The certificate which he
/ produced when he claimed protection as an
American citizen has been questioned, in con
sequence of The imperfect copy given by Mr.
j brown to the Austrian internuncio ; bur that
/ whlcL he produced To the American Consul
at Smyrna,and to Capt. Ingraham to the com
mander It the Austrian brig Husza,, and to the
! Austrian Consul. General, was genuine. A
correct cop, has teen sent to this Depart
ment, ard verified by comparison with the
record of the court in New York in which
! koszta made his declaration in due form of
! law. To rem all doubts on this subject,
certified copy OF that record is annexed To this
! communication.
1t is not commended hat this intiarory step
| IN the process of naturalization invested him
~ ~ 'i' Wv ~ bi all hfDeFlCdtl CftlZ8n
but is sufficient for all the purposes of this case
20 show that he was clothed with an Amer
can nationality; and in virtue thereof, the Gov
eminent of the United States was authorized
10 extend to him its protection. at home and
abroad. Mr.. Hulsemann, as the UNDERSIGNED
believes, falls into great orror-an error ia, a
| 10 some oil his most important conclusions-by
| assuming that nation can properly extend
lis protection only TO native bonn Or natural
wed citizens, This is not The doctrine of IN
/ 'efna'onal law, nor is The practice Of nations
/ clrcnmscribed within such narrow limits
his law does not, as has been before remark
ed, compllcale questions of this nature by re
| specI 1or municipal codes. In relation to this
su Ject 1t has clear and distinct rules of its
own. II gives the national character of the
country not only to natve>born and naluraliz-
ed citizens, but to all residents in it " no are
| mere with. or even without, a intention TO he
come citizens, provided they have a domicil
| therein.