Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1853-10-08

attempted to derive 1t from certain IT. I =,
OR ancient capitulatiOus by treaty anu u
sage. The very slight aud inezPllels l1a d,
ner in which this authority is adrcItca !, 10
in Mr. Hulscmann's note, apparently lndi,
Gates, if not want of confidence III II, NJ
least desire not to have it scFutInlze"'-1,
If there really was suchan authority anu
it was of such an extraordinary character
as it was assumed to be, it would nave con-
stitu,cd, as Austria must have clearly seen'
the main strength Of her case anu sac
would not have referred to it III snsli "
manner as to leave the very existence Of 1t
open to doubt or question.
! The paragraph referring TO it is the 'o!-
lowing:
"As there can be 10 doubt therefore
conccruing the question Of nationality the
consul general Of the Emperor at smyrna
was, wi;hout doubt, perfectly lusrl'ed'
when. in virtue of those treaties which
subject Austrian subjects in Turkey to
consular jurisdiction, he seized the person
of Rosetta. within the pale Of his jurlstic-
ton" II there be such treaties conteFipg
such power, with such extraordinary
means Of enforcing it, strange it's, that
more prominence is not given to the TACT
in Mr.. Liulscmann's communication -
Why are the dates of those treaties with
held? What is still more important, Why
is not the language conveying this author
ity, quoted?
The undersigned is constrained, foT reN-
sons be will briefly assign, to question tho
accuracy of the interpretation which dc.
rivcs the right claimed in the above para
graph from any existing t!ea,y between
Austria and the Ottoman Porte. The Aus.
:rian Internouncio at Coastantirople, il a
conference with NJ. Marsh, the american
Minister resident, spoke Of such righ as
derived from ancient equalization by tTea.
;y and usage. I, is not shown or alleged
that new treaty siipula'ioas since lS49
have been entered into by Turkey and
Austria. The ancient caPi;uIation were
relied on to support the lem0nd in that
year for the surrender of the Hungarian
refugees. They were scru'inized, and no
such authority asis now claimed vas found
in them.
The French and English Ministers at
Constan,inoplc, who advised, and sustain.
ed the Sultan in resisting the demand Of
Austria for their ExtradtiOu, would net
have given such advice if they could have
found in existing treaties any authority for
thu: demand, or any allegation on the part
CT the Sultan to yieldit,
/ Lord Palmcrston, then Her Britanic
Majesty's principal Secretary Of State for
foreign afIa;vs, carefully examined those
treaties, and expressed lis conclusions
thereon in Il letter to Sir Stratford CAN
ming, dated Path September, 1910. In
this letter, which contained an extract rom
one Of these trcatics,-that Of Belgrade
and referred to the claims Of Austria
founded on them for the surrender ofthese
refugees, he says, the utmost that could
be demanded, would be, that thsy, (the
refugces) should not be allowed to reside
permanently in the Turkish Empire.
Coming down to later period, to the
very transaction at Smyrna, abundant rea-
sons nre found for DENYING that Turkey
was then under any treaty obligation to de-
liver Koszta to Austria, or that her Con-
sui General had authority to seize him.
On this subject it certainly is allowable to
resort to the declarations Of tho public
men Of the Porte, as evidence in regard to
an issue Of this kind. Their explicit de.
NAL may be fairly considered rs equivalent
to Austria's affirmation without proof,
where proof, if it existed, could be so east
~ adduced. In dispatch to this govern
meut Of the lth Of August, 1858, Mr..
Marsh, the American Minister, resilep: at
COnstantinople, says: l have had several
conversations on this subject with the
Minister of Foreign Affairs, and with Lii
pacha, governor Of Smyrna at the time
the affair took place. These distinguished
persons arc very fur from expressing any
dissatisfaction with the course pursued by
Us.
They sustain the view the legation he's
taken Of tho legA! character of the ques'
tion, and Ali pacha informs me that a
few years since the Austrian government
refused to surrender to the Porte Turkish
rebels vho had fed into Austria, on the
very ground ROW taken BY tho Porte.
namely: tia. the treaty did not provide
for the extradition of political Offenders
SIr. Brown, the Charge d'Aaairas I'D in
term, OF tic United States al Constants
noplc, writes that in IN interview with
Chehil Efindi, also a Turkish officer o.
high rank and great experience, IN which
the affair at Smyrna was discussed, he OBJ
served that the Austrian government doe:
not possess the power, by treaty, to arrest
any one or tho Ottoman soil 70: politica!
offences.
There is now, however something moro
decisive from Turkey than the opinion o.
her public men, in opposition to this troa
,y claim of Austria: The government o.
y 4