Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-11-05

lar form of government until the voice Of majority o.
them may see fit to change it. agreeing the time
upon certain specified punishments in Of his wfu
failure to do and should afterwards turn round dis
obey those laws and sndeayor overthrow that Govern
mentwoud it not be perfectly justified, where b. 80
doing il infcts injury upon other body of SINH
lary situated in seizing upon him and making him
dergo the penalties which he has agreed upon:
In either case Koszta suffers wrong because lie his
deliberately Joined an undertaking in which he knew fell
well the penalty of failure. lie choose to run the risk
he accepted the alternative and has night complain
when he finds that lie must suffer the penalty IT, then,
koszta was in desert, his seizure and imprisonment
was simple exercise Of municipal authority over the
person Of rebeious citizen where such exercise con-
cted with the rights and obligations of no other muni-
cipai government In aTesting Koszta Austria did not
violate the sovereignty of the United Staes nor was she
sezing upon one whom the United States were under
oohgatons to protect kosza could claim the protec
tion Of this Government matter Of right he had en-
tered into agreement with this Government either
express implied by which the one vas bound to obe-
dence and support, the other to projections lie could
not demand share Of the Government funds if ship
wrecked and distressed in foreign port nor could the
Government demand his assistance III time of war; or fine
him for not rendering that assistance There was
mutual obligation, mutual support such are re-
therefore, Turkey to be regarded as desert Aus
tra would have had by the law of nations the right to
seize upon Kosza, and the United States would have
been unlawfuy interfering in the private municipal ef
fairs of Austria. The principle " SIC aere no. ut alien
uaaoa ledq governs Austria, and when she complies
with its provisions other Government has the right to
interfere with her The is the that of ship
at sea, where of the sailors refuses do duty and
deserts; the captain has undoubted right by the law
Of nations relating to maritime matters to seize and to
punish him. If another vessel having claim the pos
session of such to interfere and prevent his
capture it would be clear violation Of law which would
justify violence at the hands of the injured party even
though he had signed the shipping articles of the vessel
to which he had deserted.
Mr.. Marcy next proceeds to assert that Turkey, by
its laws permits the Consulates therein to receive under
their protection any strangers who do asmate with
the Turks in religion and manners that they are there
fore governed by the rules Of international law applica
Bile the tribes Of Asia and Africa and SO long they
continue under such protection are to be considered
cs Of tie country which the Consulates represent and
quotes decision rendered by the Lords Appeals in the
English High Court Of Admiralty that merchant
ryipg on trade at Smyrna under the protection of
Dutch Consul be considered Dutcdman to his
national character Therefore, he says the moment he
me under the American Consus protection If he were
not before he became invested with American
The decision to which Mr.. Marcy refers was rendered
in the year 1884, at time when Turkey was as regarded
the rest Of Europe in the situation as China or
Hndostan Since that time the Turks have pursued
more enlightened and liberal policy They have attempt
ed to introduce their midst all the Improvements of
modern times they have admitted Christian ministers
into their land they have allowed foreigners the right Of
peaceful passage through their country they have toe
rated persons Of all denominations and in religion
in word, the Sultan, though Mahommedsn, has proved
himself the most Christian prince in Europe They have
become q civilized nation they have admitted and re-
spected foreign consuls and ministers they have sent
their ambassadors to other nations they lave recognised
the principles and admitted the authority Of international
law Speaking upon this subject, Mr. Kent says after
audng the interference Of France Great Britain and
Russia favor Of the Greeks against the Ottoman Porte
in 1897 and the interference OF Austria, Great Britain
Prussia and Russia in the civil between the Porte
and Mahemet Ali in ls4O These, well other acts
and pacifcations have ecctualy placed Turkey within
the pale Of the public law of Europe" IT. then, she IS
within the pale Of that law Mr. Marcy cannot avail HIM
self of the exception to the rule that men take their
national character from the general character Of the
try in which they reside"
The writer has seen ct here to take Mr.. Marcy upon
his own ground, though hc considers this merely
branch Of the question Of commercial domeil.
We come next to the argument that the American Gov
ernmen had the right protect Kosza account Of his
American nationality Mr. Marcy that if he had
an American nationality the American Government had
the right protect him lie then attempts to prove his
American nationality, which he docs in the following
ner First Koszta had domic here, and If he had an
American domcil, he was clothed with American
tonality.
Here Mr.. Marcy proves his case. Koszta had Ame
rcan domici and invested with American nation
alty but the domcil and the nationality might exist in
him. and yet the United States not have been obliged
to protect him. or, to use Mr. Marcys language might
not have had the right to protect him. Mr. Marcy has
undoubtedly proved that Kos7a had commercial domi-
oil in this country that his property hc was invest
ed with American nationality and yet the very cases
he has cited prove il will tell him that it is only as to
his property he is stamped with such nationality
and that his native allegiance is not altered or varied by
its existence lie has taken case he has cited no in
stance in which the political rights Of the person af
fected by the domic the nationality Of which Mr.
Marcy speaks is scarcely necessary to argue the sub
ject Any lawyer any politician any merchant possess
ed Of the least degree Of information in their respective
professions can see that Mr. Marcys rope is made Of
sand that he has been mise in supposng that the law
which regulates the property regulates the person. and
has been arguing trumphanty in the establishment Of
premises which, when proved do not at all affect the
ton which he is discussing and if admitted would not
give Koszta single political right under the Government
OF the United States very able article upon this sub
ect appeared in the editorial columns Of the National In
tegencer under date Of October ith 1853 showing spe
cfcaly the utter absrdi Of Mr. Marcy positions upon