The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-10-12
VOLUME 20, NO. "a.

| Jfdl port OF oml fna. ana on the part Oi
vessel-of-war belonging to power witt
which Austria was at peace. Our Consul
General only succeeded in preventing thi
blood catastrophe which would probably en-
ded in the destruction of considerable por
ton of the town of Smyrna, and of vessel.
of all nations in the harbor, by consentne
that Koszta should temporarily, and unti
the settlement of the difficulties of which hi
was the subject, be confded to the custody
of the Consul General of France at Smyr
| ma
| The return of Mr.. Marsh to Constantine
pie few days after these events brought or
discussion, between himself and our In
ternuncio, of the question whether Martir
Koszta was to be considered as an Austrian
subject or as citizen of the United States
Although still gnorant of this discussion
the imperial government has come to the
determination not to delay any longer ad
dressing itself to the government of the Uni
ted States through my instrumentality.-
There are two distinct questions involved il
this discussion. One is the main question
relating 30 the disputes about the rights o
jurisdiction which has risen between the le
cations of Austria and of the United State.
at Oonstantinople, concerning Koszta; tnt
other question, at least fully as important
is that which has reference to those formal
tiles in virtue Of which the agents of the
United States have deemed themselves au
thorized in urging their pretentions.
With regard to he first of these two ques
tions, treated in the correspondence which
has taken place on the subject between the
Intemuncio andthe Charge d'Affaires al 70
terim of the United States in Turkey, the
imperial government adopts entilely the
views of Baron de Bruck. In our opinion
Koszta has never ceased to be an Austrian
subject. Everythin5 combines to makeths
imperial government persist in this estimate
of the matter The laws of his country are
opposed to Koszta's breaking asunder, of hi
own accord, and without having obtained
permission tc expatriate himself from tht
authorities of that country, the ties of ma
tionalty which bind him to it. The very
declaration of that refugee on board thu
"Huzzar," in the presence of the American
consul and of the commander of the "St
Louis" shows that he still considers him
self as subject of the Emperor. In short
even according to terms of the law of tn,
Unior, such declaration supposed to have
been signsd by Koszta, and from which Mr.
Brown has pretended to infer his naturaiza
tion in the United States, il not sufficient tC
produce that effect. The undersigned think,
he may dispence entering into any further
details in regard to this question, seeing tina
the Department of State Of the Uni'ed State
constantly refuses to grant passports to ia
divi iluals who find themselves in this catego
ry, and that official publications have beer
made from time to time to that effect.
AS their can be no doubt, therefore con
cerning the question of nationality, the Con
sui General Of the Emperor at Smyrna was
without doubt perfectly justified, when ii
virtue of those treaties, which subject Aus.
trian subjects in Turkey toconsuIar jurlsdic-
ton, he seized the person of Koszta within
the pale of his jurisdiction.
Such being, the case, the imperial gov
ernmcnt trusts that the government of the
United States will hasten to instruct its CON
sui at Smyrna not to intefpose any obs
tacles to the eXtradition of the aforesaid Kos
eta by the Consul Gcneralof France to the
Consul General of Austria at Smyrna.
But, apart from this question Of jurisdic-
ton, it is especially the mode adopted by
the functionaries of the United States, in
Sorder to settle the matter which has given
the imperial government the most leglti-
mate grounds of complaint
The act OF violence which the command
er Of the sloop- Of. war 'St. Louis against the
Austrian brig 'Huzzar real act Of
war, committed in full peace, in a neutral
port, the fatal effects Of which were only
verted by the prudence and moderation Of
our Consul General at Smyrna-constitutes
an outrage upon the principles of the law Of
nations; and the imperial government has
no doubt but that this act, viewed iii such
light, will have been condemned by the
government of the United States, said gov
ernment being itself interested in prevent
ing the REPETITION Of similar occurrences.
The events of the end of July at Smyrna
present in twofoId point of view serious
deviation from the rules of the international
law. -.... ...r.. s.
lst. The Commander of the United
States sloop-of-war ST. Louis, threatened
the brig of his Imperial and Royal Apostol.
ic Majesty the 'Huzzar, with hostile at
tack, by bringing his guns to bear upon the
latter, and by announcing. in writing, that
if a certain individual detained on board,
whose nationality was being discussed be-
tween the agents of the two governments,
was not delivered over to him at stated
hour, he would go and take him by main
force. ........ f.. .. ...s.aI. ..t.
There can be no doubt but that the
threat of attacking by maine force, a vessel
ot-war belonging to the military marine of
Of sovereign State, whose flag she carries
is nothing else than thea OF an act Of war
Now, the right Of making war is necessari-
ly, and from the very nature of that right,
inherent in the sovereign power. "a right
Of 50 momentous a nature" says Vattel,
(Law Of Nations, vol. 2, book, 4, chap. 5
4, "the right of judging whether the ma
ton has real grounds Of complaint: wheth-
er she is authorized 10 employJorce and jus,
tyta6Ie IN taxing up arms; whether the wei
fare Of the State requires 4, that right, say
CAN BELONG ONLY 10 THE BODY Of THE NATION
OR TO THE SOVEREIGN, HER REPRESENTATIVE,
1t is doubtless one of those rights wahout
eOhich their can be no sal4tqry government,
and which are therefore called rights of ma
jeSty .a5. a.3 es. .t'a5.#i I.
The founders Of the republic of the United
States fully recognized, from the beginning
of the Union. the rights reserved to the