New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-20

he iustffcd repflllD- eDr
Capt ingrshAm vas Jusfneo III i'P
ion of the Austrian pirates ..,.
~ :. ARMED the question on the assump-
=. Eo.z.. was entitled to protection from the
,--;.oS s,.tes Government. That assumption, We
Ill c.p be established. koszta came here three
- .;,ce and after reasonable time. took the in
intent stems 70 become citizen OF the Republic, aud
hd the evidence Of his having done his person
when be was Kidnapped The incipient steps involved
mutual contract between himself and this Govern
ment: the consideration his part being that be re-
nounced all allegiance to the Government under which
be formerly lived and took the oath of allegiance to
ours for all tine His remuneration and the sssump-
ton Of bis new duties took effect at the very
moment the oath was administered Now. to make
the contract mutual there must be consideration on
both sides The consideration on the part OF the
United States is both express sndmpled. IheeNpress
consideration IT, that after the expiration OF limited
period Koszts should become entitled TO the rights and
privileges Of an American citizen The implied con-
sderaton take TO be that during the precautionary
period all reasonable means and facilities should be
granted to him to attain his object The implied con
alteration Illustrate by reference 70 the case OF one
who purchases piece Of land. where though no rignt
Of way specified in his deed yet the law holds that
right Of way is given. otherwise his land would be
useless 10 him And 50 in the OF Koszta if these
facilities which are the enjoyment Of life and liberty
were not secured to him. the contract would be nuga-
tory-a fraud upon him. and disgrace upon the coun-
try This Government must therefore periOrmlt part
Of the contract by protecting him from all violence until
il is shown that he has broken his part OF the contract
And this protection is due abroad well at home,
for his temporary absence from the United States
either on business or pleasure does not dyest him OF
the rights he acquired under the declaration of his IN
tentons.
In addition TO these rights. he Wa clothed with
others under the laws of Turkey, which grant to
every foreigner coming into her territory the privilege
of placing himself under the protection OF any foreign
Consul he may choose in the place where he Is doni-
ciled Accordingly KOszta placed himself under the
protection of Consul SO that In two aspects he
was entitled to call the American officers Tor protec-
ton first as quasi citizen of the United states
and next under the laws OF Turkey. NOtwithstand-
ing these safeguards thrown around him both by
the laws of his adopted country and Of Turkey al OF
which must have been known to the Austrian Consul he
caused him 10 be seized by hired bandta and hurried
on board vessel of war be sent to Austria to be
there hanged or shot as the humane Government of the
country might see ft III This extremity the American
Consul was applied to. He applied to Capt lngraham
What followed is already known And We say that ii
ever there was case which required that violence
should be repealed by violence this that case The
breach of tie peace is alone chsrgeable the Aus
TRAN Consul who began the ARRAY.
And vet The Times in the face of these facts and al
though it processes to be pleased at the escape of
fhn orlilr breach
Of international law on the American officers But it
will get no credit at this side Of the water for its sym
patby with Koszta People here understand pretty
well that The Tines would rather hear that kosza and
all the Hungarian and Italian refugees in existence
were dead than that diplomatic etiquette should re-
ceye the slightest shock Had the American officers
permitted him to be sent of aud hanged both Govern
ments might have negotiated for six twelve months
on the question and the end OF that time the AUSTRIAN
would say of course. that il was an untoward event.
but the harm was done and could not now be helped
though they were very sorry and were ready 10
make an apology. In fact they would dismiss the Con-
sui from Smyrna, Dust TO send him 10 some better
place. and they hoped that what had occurred
would not disturb the amcable relations that had al
WAYS so happily existed between the two nations rs
this would come after the man hanged there would
be an end of the matter. Had this been done Ia,
Times would have written an able article in praise OF
the American officers proving that they had only done
their dutv and were great friends Of public order and
morals. This reminds us of the story of the man
who married his wife and asked her consent to
the wedding after the ceremony was over HAD
the American Consul and Captain lngraham been as
Welding this blushing and asonlshed BRIDE and al
lowed Koszta to be sent of and hanged, it is more
than probable that the American Government
would ere this have had TO consent to what could NOT
be helped-the slaughter of an Austrian refugee VINO
had sworn allegiance the stars and stripes and had
right to be protected by them.