The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-06

/ intention never 10 return, become unidigf'
emigrants," and lose all their civil and politics
rights at home. Koszta had left Austria undo
penalty of the circumstances defined by this d.
cree-was an unlawful emigrant-had lost a
civil and political rights in Austria-had n
claim to the protection of that Government
was, in fact, an outlaw. What right has
Sovereign to the allegiance of a person reduce
TO this miserable condition! Allegiance in h
case was dissolved. Again, by the consent an
procurement of the Austrian Government, b
had been perpetually banished. Such an &C
was release from allegiance Koszta was nc
the subject" of Austria. |
at will be conceded that the civil authOrit
of Turkey during the whole period OF the oc
currences ut Smyrna was dormant, and in n
way called into action. Under these circum
stances-Austria without any authority, Tur
key exercising none, and the American func
tionaries, as Austria asserts having no right IL
behalf of their Government to interfere in tn
affair, Ia proposition which will be hereafte
contested what, then, was the condition o
the parties at the commencement of the out
were ALL in this view of the case, without
immediate presence and controlling direc
of civil or international law in regard to
treatment Of Rosetta. The Greek hirelipg
Koszta their victim, and the Austrian ant
American agents, were, upon this suppositiOn
all in the same condition at Smyrna in respec
to rights and duties 30 far as regards tina
transaction, as they would have been in if i
had occurred in their presence in some unap
propriated region lying far beyond the confiue
of any sovereign State whatever; they wer,
the legc subjects Of the law of nature, mora
agents, bound each and all alike to observ
the precepts of that law, and especially tina
which is confirmed by divine sanction, and en-
joins upon all men everywhere, when not act
ing under legal restraints, to do unto other
whatsoever they would that others should d.
unto them they were bound to DO no wrong
and to the extent of their means to proven
wrong from being done; to protect the veal
from being oppressed by the strong. and to re
lieve the distressed In the case supposed
koezta was seized without any rightful authori
ty. He was suffering grievous wrong any on
that could might relieve him. To do so wa
duty imposed under the peculiar circum
stances of the case by the laws Of humanity
Capt. lngraham, in doing what he did for tn,
release Of KOszta would, in this view of tn,
case, be fully justified upon this principle Who
in such a case, can fairly take offence! VIII,
have right to complain? Not the wrong
doors, surely, for they can appeal to no law t
justify their conduct. They can derive no sup
port from civil authority, for there was non,
called into action; nor from the law of nature
for that they have violated
The vindication of Captain Ingraham, OF
the ground Of humanity, is we'll put; but w
beg leave to suggest to Mr. Marcy that, in
quoting the Higher Law, he adds gloss which
may subject him to the anathema pronounced
against those who add to or take from the
things written in the Scriptures. He speaks
of the binding force of the precepts of that
Law, and especially that which is confirmed
by Divine sanction, and enjoins upon all men
everywhere, achen not acting under legal re.
straints, to do unto others whatsoever they
would that others should do unto them" The
qualification is of Mr. Marcy's manufacture
not of Divine sanction, and is interpolated, we
presume, to cover the case of the Fugitive
Slave Law, which is n most fragrant restraint
upon this Higher Law" to which the Ameri-
can Secretary appeals in vindication of Cap.
tain lngraham. 1t would have sounded any.
thing but "Divine," if Christ had enjoined upon
us that we should do to others as we would
have others do to us, except in cases wher,
human law enjoined us to do to others what
we would not have them do TO us---or to Low,
our neighbor as ourselves except in cases
where human law enjoned that we SHOULD
hate our neighbor. But to return from Thu
DEPRESSION on the divinity of our statesman:
Mr.. Marcy having shown that the law o
Austria, on the subject of allegiance, has n,
extra territorial force under the law of nations
and no force in Turkey, by treaty; that Koszt
was not, under any aspect "a subject" of Aus
tria that his seizure, therefore, was utterly un
UNSUITABLE, and that Captain Ingraham, by tn
law of natnre--the only one in force at tn
time--was justified in interposing for his res
cue, proceeds to show that koszta, at the tim
he was kidnapped bore the national characte
of an American, and the Government of th,
United States had the right to extend protec
ton to him. And here Mr.. Marcy lays dowr
this important principle, that under the Law
of nations the national character of the coup
try attaches, mot only to native-born au,
naturalized citizens, bit 10 all residents in /
acho are there Nth or Withom an intention 4
become citizens, proDided they hare a donnie,
iAereinn On this high ground, which h
maintains with great strength, he argues tina
the Government of the United States was Jus
titled in extending its protection to Koszta
who had not only acquired domicl here, bu
had taken the first steps in the process of nat
uralizaton.
"Whsnever, by the operation of the law o
nationS individual becomes clothed will
our NJ character, be he native born o.
naturdt8o4 citizen, an exile driven from hi
early home by political oppression, OF an emf
grant enticed from it by the hopes Of better
fortune for himself and his posterity, he car
claim the protection of this Government, anC
it may respond to that claim without being
obliged to explain its conduct to any foreign
Power; for it is its duty to make its nationality
respected by other nations, and respected il
every quarter of the globe
Such are the prinaipal positions taken il
this impartial document positions, we pre-
sumo, to which the American Government
irrevocably committed We do not see hoy
our Government could take any lower groan
without degradation.
The Richmond Enquirer has letter fror
| Gen. Felix Houston to DR. Samuel Cartwright
of New Orleans on the subject Of the compara
tive health OF black and white laborers in tn
South, and an extract from recent publics
ton by ls Cartwright on the same subject
These b show that while the white labor
ers in south have been swept to the gray
by the Southern cpidemics like chat before th