Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-10-11
Fr m the Saturday Evcning Post.
Ths Smyrna Affair.
yyxrR,crs FROM SECRETARY MaRcY's LITTER

The letteT COWIUcHccn Wy ''"'''c "
dcmonls Of his lmpcriol Majesty upon
our Government 10 be 'hat 81! shall DIS
,vow the conduct Of the American agents
!, mi. a,futr--cull them 10 a severe hc'
oo,n,. nnl ten Ter satisfaction proper
,iona,e TO the Outrage In orter TO ar
rive a, ins, conclusions, II il necessary
20 ascertain and clearly dcfoe koszia's
,o,lticnl relation with Austria and WITH
the United States, wien lie Wa se'ied ''
sn,ynn. tbs is the first point wt' Il
naturally ptcsen,s itself Tor r'ns'"''0'
ion, nni perhaps, the most 'n'Po''0"'
and IN its besr.nsg upon The ihrf'' %
,Le case. There is great diversity ana
much confusion OF cpinion as to The 10
ure Al r, obligations Of ALLEGIANCE. ~
,om. /, is held 10 be an lndcslruclHoIe
,cli,ieai tic: anI though resulting from
,hc mere acci lent Of birth, yet forever
binding the hjcc, to the sovereign. by
others i, is contidered a political conneS'
ion, in the nature Of civil contract
dissolu,e by mulua! consent, but not Al
the option Of either party.
The sounier anI more prevalent doc
u;ne. however, is that the citizen or sub
jec,, having faithfully performed the past
and present duties. resulting from his Ie'
lation 10 the sovereign power, may oil
INV time release himself from the obli'
c,,ion Of allegiance, freely quit the land
ofhis birth or adoption, seek through all
counties home, and select anywhere
,ba. which offers him the lairest prospect
OF happiness Tor himself and his prosper
i,y. v hen the sovereign power, where
eve. it may hc placed, does not answer
the ends for which it is besiowed-whcn
i, is no, cxcred for the general weliafe
of the people, OF has become oppressive
to individuals this right 10 withdraw
rests on rs firm a basis, and is similar
in principle,,o the right which les!!:males
resistance 10 tyranny. The conflict
ing laws OIL the subject Of allcsiances,
IRE Of a municipal character, and have
no controlling operation beyond the ter.
ritorial Limits OF the countries enac,ing
them.
The facts Of the case are then cnmIy
stated, in clear and impressive manner
showing tina: Koszia being beyond
the Jurisdiction Of Austria, her laws were
entirely imperative in his case, unless
the Sultan Of Turkey has consented TO
give them vigor within his dominions by
treaty slipua;ions. That no such treaty
stipulations exist, is proved by refer,
cncc to what took place in ls4s and
1880 in relation to the reclamation OF
the Polish refugees in Turkey by Russia,
and Of Hungarian refugees BY Austria.
This demand was based mainly on al.
legged treaty st;pulations-the same
probably as are now referred io....but
Turkey refused to deliver up the fusilivcs
of whom koszta was one, and The ciyi.
lizcd world sustained her in iha, refu.
sal.
Lori Pa!mcrston CAREFUL. examined
the treaties ani authorities at the tine,
and decided that the utmos, that could
be demanded, would be that they (lh,.
reiugees) should not be allowed TO reside
manent!y in e Turk ish Empire.
Another strong pon, as follows: Tha;
Turkey. The only party which has the
rish, TO take umbrase at the conduct Of
Captain lngroham, has token no such
offence, "!::'!!c :!.c mas protested against
the behaviour Of the Austrian agents.
Mr.. Marcy also looks a it in the light,
OF free fight, as we recently dill, and
contends that all International and other
civil law bein5 in fact suspended, tina,
the mora law was in force, which binds
men to protect the oppressed and de.
fencele;s.
In relation to the certificate VIII !
KosZta produced, i, is not contended
that this initiatory step in the process o
naturalization invested him with all the
civil rights OF an American citizen, bu,
it is sulicien, for all the purposes of this
case to show that he was clothed with
an American nationality. and in virtue
thereof the Government Of The United
St t:s was authorized to extend 10 him
its projection al home and abroad.
"Mr. Hulsemann, as the undersigned
believes, falls int, a great error fatal to
some o! his most important conclusions,
by assuming that a nation can properly
extend its projection only 10 native born
or naturalizel citizens. This is moi the
doctrine of International law, nor is the
practice of nations C mscrib, d witiiI
such narrow limits. This law does
not, rs has been been before remarked,