The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1853-10-12

persons to whom they intend protection, as BY
Turkish laws they have right to do. While
wal ing an opportunity to return to the Uni'ed
States, he was seizeJ, without color OF authority.
and thrown, into the sea, from which he wns
taken up by boats crew lying in wait Tor him.
belonging 10 The Austrian Srig-ot-war Hussar,
forced board Of that vessel, vessel, and there
| confined in irons. Capt. INGRAHAm demanded his
release, and KoszTA wasdelivered 10 the French
| Consul. General, TO be kept by him until the
United States and Austria should agree as 10 the
means Of dsposing Of him.
| Austria demanded lnat KoszTA be delivered
up to that power; that we disavo~ the conduct
of the American Agents; and tender satisfaction
for the outrage. The first point 10 be consider
ed is the nature Of allegiance.
By some it is held to be an is'ructible poi'-
cal tie. and though resulting from the accident
of birth, ye, forever biu6iag the suhjec, to the
Sovereign The sounder doctrine, however, is,
thai the citizen subject having faithfully pre-
formed the pas, and present duties resulting
from his relations to the Sovereign power may
at any time release himself from the OBJ igallono
of allegiance. st e
This right to withdraw rests on tIrm bare,
and is similar in principle 10 the night which
legi,imutes resistance to tyranny. From this
position the Secretary asserts that no State can
command from any other. as matter ot flgh''
the surrender Of native-borD or Eaiuralzed
} citizens or subject, an emigrant. or even a
fugitive from justice, unless the demand is
authorized by express treaty stipulation; and
refers Mr.. HULsEMANN TO what took place ln
'49 and $50 in relation TO the Polish refugees
(whom KoszTA was one) by Austrio. The
demand in that case was made in concert by
two powerful sovereigns, but Turkey refused;
the civilized would commended her for 1t, and
Sir SrRATFoRD CANNING, the British Ambas-
sador at Conslantinople, and the French Min
is,er al the same court sustained that position
and were endorsed by their respective govern
ments The claim of Austria that by treaty
stipulation she had right TO serve koszTA, Is
denied by Mr.. MARCY US having any force,-
No such treaty e2i ts as is concusive!y proved
from various sou ices, ard if Austria had such
treaty aulhori,v, it would extend only to
f Austrian subjects, and Of course could not aP
pIy to KoszrA, he having been banished by
Aus,riu, and at her ins stance expelled from lur-
r kew. Moreover, ty an Austrian decree oi 81,
her subjects leaving without permission become
.unla " full emigrunts," and lose all civil and
political rights. KoszTA was such I" unlawiui
en,igrnnl." and having no claim 10 protection
r X oorl4 pf hoIR n
subject, In view of all this, Mr.. MARCY is brought
to this important concusion-that those who
q acted on behalf of Austria had no right what
ever 10 seizs end imprison MARTIN koszTA.
The Secretary then goes on TO show that
KoszTA had the National character Of sn
American, and our government had the hight
10 extend its proec:inn over him; that although
he was mel invested with all the civil rights oil
an American citizen, yet he was clothed with
, American Nationality, and in vittne thereof.
;, or Government was authorized to extend to
= him lis protection al homo tnd abroad Mi
HULsEMAN. by assuming tina, u NAH III can pro-
: perly extend protection on'y TO natiVe-born or
uaturalized ci,izans, fall in greut error, such
" not being The d. csril OF International ta"; ou
on the contrary, national character is given 10
, resi!euts who have a donicil. even without an
in,en,Ionaf bpcoming citizens. This POSITION l.
, sustained by refernncs to the highest authority
3 KoszrA being abroad for temporary purposes.
1 had not in law changed his domicil. and there
fore while at Smyrna his national character
should have been respected. ....
The conduct Of Capt. lNGRAHAa is commend
ed, and bis interference fully justified. Tine
charge that Capt. lNeRAHAM did not properly
respect national ship IS denied. for says Mr
Marcy.
"They were committing an a'rocious Outrage
, upon q person invested with the nationality Of
t the United States. If Capt. Ingraham could
have properly interfered in the first stage OF this
lawess transaction, he might do SO in the last.
The act was in all its sages,a continuous wrong.
and the character Of the nciors, though there
was succession Of PERSONS was the same. they
, were all wrong-doors; and If they chanced to
f have the possession OF national ship, and con-
, verted ii into prison for the purpose Of con-
summating his wrong, this ship, thus desecrat-
ed, was net entitled to the privileges of sane.
5 tuary. Those who had the right to claim, and
the power to release the prisoner illegally con.
fined therein, trea, it prison; and viii e
, it was degurded TO such an ignoble purpose,
might forget, and be excused for forgetting, that
It was national ship" -sHa
The Austrian func,ionurles having obtained
!, the possession of Koszta by violating The civil
3 law of Turkey and the rights Of ofhumanity, their
custody was entitled to no respect. and although
1 this government regret the painful alternative
10 which Capt. |. was reduced, either 10 surren-
der the captive or enforce his release, it fully
approves his course, for Austria had no more
righ, to take Koszta from Turkish soil, than from
the territory Of The United States, and Capt |.