The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-06

That .hip was converted into prison for the
illegh detention OF a person clothed with the
national " Of the United States, and conso-
quently entitled to their protection. IL Austria
upholds as it appears she does, the conduct Of
the commander of the Huszar, she is in fact
the first aggressOr. This act of the commander
of the Huszar led to the series Of other acts
which constitute the ground Of complaint
against the United States. The alleged au-
thority OF Austria under treaties beng set
aside, no one would have questioned Capt To-
grahams right had he been present to arrest
the proceedings of the kidnappers in the streets
OF smyrna, and rescue KOSzta from their hands
They were acting without and against, the
civil authority of the place they were com
uniting an atroclous outrage upon person in
vested with the nationality of the United
States. If he could have properly interfered
In the FIRST stage of this lawless transaction, he
might do 30 in the last The act was, in all
It's stages continuous wrong; and the char
acter OF the actors, though there was a success
sion OF persons, was the same: they were all
wrong-doers; and If they CHANGED to have the
possession of national ship, and converted it
into prison for the purpose OF concentrating
this wrong, that ship, thus desecrated, was not
entitled to the privileges of Il 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 purpose might
forget, and be excused for forgetting, that it
was national ship.
There is consideration probably not brought
to the notice of Austria and not Sufficiently re-
garded by others, which places the acts Of
Capt. ingraham in a true light and repels the
inference of intended hostile demonstrations
towards Austria. Ii was the understanding of
the parties that kOszta should be retained mt
Smyrna while the questioa Of his nationality
was pending Capt lngraham received salts
factory evidence of a design, on the part Of the
Austrian functOnaries at Smyrna and Con.
stantlnople, to disregard this arrangement and
remove him clandestinely from the Huszar on
board OF steamer, for the purpose of taking
him to Trieste The information was such as
did not permit Capt lngraham to doubt that
the commander of the Huszar concurred in this
design, and intended to aid in carrying it into
effect. BY this evidence of the want of good
faith on the part of the Austrian functionaries
in which the captain Of the Huszar was impli-
Gated, the captain of the st. Louis was placed
| In the perplexing alternative of surrendering
the captive, without further efforts to the sad
fate which awaited him, or to demand his i'm
mediate release, and in case OF refusal, to en-.
| force 1t. The Government of the United States
exceedingly regrets that he was reduced to
this painful alternative but it cannot find, af.
ter full consideration of all the circumstan-
ces any good reasons for Disappearing the
course he pursued. 1t ia not Just to Capt In.
graham to look at the affair az it was at the
precise point of time when the demand for the
release of koszta was made The antecedent
events qualify and legalize that act The Aus
trian functionaries had obtained the possession
of the persian of Koszta, not in fair or allow.
able way hut by violating the civil laws OF
Turkey and the rights of humanity Under
these circumstances, their custody of him was
entitled to no respect from the agent of the
Government which, by virtue of his nationali
ty, had a right to protect him. Had all the
circumstances been as they were except a
change of pace--instead of being taken from
the territory of the Ottoman Porte, had he
been taken from that of the United States
could a question have been raised as to the
propriety of Capt lngraham's conduct? If tn,
conclusions heretofore arrived at are correct
the Austrian agents had no more right to taxi
Koszta from the soil of the Turkish dominion'
budh ifOiu thC W tilc bHlUu Dbutts
and Capt. lngraham had the same right to de-
mand and enforce his release as he would have
had if koszta had been taken from American
soil and incarcerated in national vessel OF
the Austrian Emperor In this question, con
fined as it is to the United States and Austria
the place of the transaction is immaterial, un
less the Austrian municipal laws extended
over it.
The undersigned yields ready assent t.
that part OF MIR. Hulsomann's note relative Il
the war making power. The doctrine contain
ed in it is sound and well sustained by mos
approved authorities but the undersigned ha
not been able to discover its applicability 4
the case under consideration. The people G
the United States, in organizing their Govern
ment, have been careful to impose more r,
strictions upon that power than any of the nj
tions OF Europe, and it cannot be admitted the
these nations have had any occasion to reproy
this Government for its abuse 1t has as dee
an interest and as anxious a desire TO mainta
international relations of friendship and peac
as any of the European Powers, and will do a
much as any Of them for public tranquility
The rules for its own guidance, and for tn
conduct of its agents abroad, have that enc
specially in view.
| VII eUJcTiUS uIOu lut uultb VI Ills OlllCt, VII
President announced the policy which would
be observed by this Government in its foreign
intercourse @ We have nothing in our history
or position to invite aggression we have every
thing to beckOn us to the cultivation Of rela
tons of peace and amity with all nations. Pur
poses, therefore, at once just and pacific viii
be significantly marked in the conduct of oui
foreign Affairs There need be no apprehen
sions of a departure from this course
10 pursuance of this policy the public agents
of this Government abroad are under instruc
tions to respect the rights of all nations anC
any deviation from that course would BIZ
promptly disavowed, and proper PREPARATION
made for any injury or insult which they might
offer to friendly Power.
The application made by Austria to the
principal Powers of Europe to warn and nd
monish the United States in regard to the con
duct of their agents on the occasion before
mentioned, implies that this Government has
adopted and is acting upon some principle
hitherto unknown to the law of nations, and
dangerous to public tranquility. The commu
nicatons to the Government in compliance with
this appeal though respectfully made and
doubtless well intended imply distrust of il
| good faith and fair intentions.
Tho undersigned is confident that, after due
consideration Of the views here taken Of the
affair at Smyrna, those Powers which have
been no prompt to censure will be equally
prompt to correct any prcciptatc judgment
they may have formed in regard to it, He in
dulges the belief that after full and fair OF
aminaton---not merely of detached fact, but
ofthe whole series Of facts-thcy will be abun-
dainty satisfied that the agents Of this Govern
ment in that transaction have respected inter-
national law, and in no particular transgresscd
the restrictions it imposes.
The vindication of these agents is not placed
upon any principle new to the international
code or unknown in the practice of cnlghten.
ed nations These nations do not hesitate, in
the exercise Of tho right of protection, to OK.
tend it to persons mot always subjects accord.
ing to their municipal laws who are clothed