New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-01

f.ly CurTed, aBl 1fl the DrD-n enl-
Cover neut 5nj both prepared 70 esPoase he cease
Of Turhe IL her humane ahd honorable course IN refa'iag
these understandable demands hal provoked the reseHs
snf and brought down uPon her he hoiiie OF tne7e
mighty poenistss The opinions OF other dslnyuishei
mn srproyng q the decision Of the Emperor of Iarkey
m refusing to surrender the Polish and Hungarian rfa
gees both on the ground humanity and right have fallen
under the notice OF the undersigned but be hs> ioFoone
quote thm, on accom-: CT the unworthy N ave ls,oei
therein the powers making the demand ami the harsh
ephes By which their conduct eharaeterzsd y an
incident OF great significance and bearing aath Jritayey
uton OF the important Questions now rased 'lat
the OF kosza-for he OF the Hungarian rei
gees then Gemanded-was fully dis used in l-i9 not only
by the parties but throughout Europe and decided against
tie right of Austria to require HI. exfFadon eher ades
the Law of Nations, by existing treaty stpalAtons
This decision deeply interested not only rulers and states
men but the gres, body Of the people Of every country
They investigated ts merits admitted its justice and com
mended TIE fnHess and humanity Of the Sultan Tor ms
course.
Il be regretted tina, this claim for the surrender Of
Ko=za and his companions fully considered then and
gnsily oveul.d should be again revived by Anstrs
under circumstances which make the United States re-
ueaIt party in the controversy. The claim has been
repudsted 0y the general Judgment Of Eaope and tins
Government unable Ia discover any slincient re ison Tor
dissenting from the decision. Austria appears TO have
been that her right seize kcszta could not De
sustained by international law and she has attempted to
derive il from certain treaties ancient capiuaslons by
treaty and usage The very slight and inexpIe', m IN
ner in which this authority Is adveTled 10 in Mr. Huise
MAINS apparently indicates il not want Of conh
derce in H. az east desire have il scrutinzed IL
there really such authority, and Il was OF such an
extraordinary character a. il assumed to be- it would have
constituted Austria must have clearly seen, the main
strength her case and she would not have referred 10
in such 10 leave the very existence OF open
to doub question The paragraph referring to Is the
following:
nationality ConsuGeneTsl Of the Emperor snyrns
perfectly justified when in virue OF n
b. .siaed The Pc 900 u pale urdcOn
Ii there be such treaties comforting such power with
such extraordinary of enforcing it, strange nieel.
il is that prominence is not given to the fast IN NJ
Husemanns commune alton. Why are the dates of these
treaties withheld What is still important, why
not the language conveying this authority quoted The
undersigned is constrained, for reasons no wl briefly
assign question the accuracy OF the Interpretation which
derives the right claimed in the above paragraph from
existing treaty between Austria and the Ottoman Porte.
The Austrian nterDuncio at COnstantlnople. IN confer
cree with Mr. Marsb the American Minister resident spoke
Of such right derived from ancient cap'tultions by
treaty and usago, is not shown or alleged that new tea
~ stpulaon since 1919 have been entered into By Iur
hey and Austria The ancient capulaons were relied
on 10 support the demand that year for the surrender
OF the Hungarian refugees They scrutnized and
no such authority al IA claimed was found IN them
Tie French English Ministers at Constantnople who
advised and sustained the Sultan in resisting the demand
Austria their exradton would not have given such
advice ii they could have found in existing treaties any
authority for that demand any obligation on the part OF
tie Sultan TO yield to IT, Lord Palmerton, then her bf
annie Maes;ys principal Secretary Of Safe OF Foreign
fully examined the treaties and expressed ms
conclusions thereon in eiter to Sir STAFFORD Canning
dated 9Th September, le49 In this letter winch con
tanned extract from of these treaties that OF Bel
grade and referred 10 the claims of Austria founded on
them Tor the surrender OF thc-e ftfu-ter, ne
Ihe that eoed be demanded woui be ha, they CHE
refugees should not be allowed re'ds SlHe' in the rarssa
Coming down to later periodic the very transaction
at Smyrna abundant found tor denying that
Turk the under treaty obligations 10 deliver
Kcszta Austa that her Consul General had author
ity 10 seize him.
On this subject it is allowable to the declaration
of the public OF the Porte, evidence in regard 10
CD issue Of this kind Their explicit denial may be fairly
considered a. equivalent TO Austrias ati maOn without
proof where proof if it existed could BE- 50 easily al
In a dispatch to this Government of August 1852 NJ.
Mash the American Minister resident at COnstantn)pe'
eays
,eversl creations this subject hths Mu.er
OF Foreign Affair." with Ali Psehs Governor Of smyrna rae
time the affair took pss dss.s h a Ps'U S are
1hey has taken Of the legal character
r. Government Pofs Turkish
The Fore did provide for the eAir'd
ai, Of political offenders"
MIR. Brown. the Charge dAfaires dd interim of the
United States CoIstaniinope, writes that in an inter
view with ChChil Eendi also Turkish Oheer oil high
rank and great experience in which the AFFAIR az smyrna
was discussed he observed that the Austrian Government
docs posst the power by treaty to arrest any one on
Ottoman soil for Political otenses
There is now however, something more decisive from
Tuikey than the opinion Of her public men, IN opposition
10 this treaty claim Of Austria.
The GOV eminent of the Porte has pronounced juig
uent relation the seizure of Koszta which Austria
her eli is bound 10 respect Ii has protested against the
conduct the Austrian agents in that altar ~ unlawful
and violation Of its sovereignty But not o1e word oil
ogciit the conduct OF the functionares OF the unfed
sistes at Smyrna, has yet reached this government
Ills is certainly anomalous case Austria arraSns
the United States for violating the rights OF turkey IN
the koszta affair Turkey the offended parry ezonrres
the United States ard protests against Als.rh our accde
for the very same Oense These considerations nave lea
the signed be believes they will lead all others
WHO dolly reflect tbem % the conndent CONCLUSION nH
there ex no treaties between Austria ana turkey "nch
Justify counennnce the seizure or i-
prisoIment of KosZta by the Austrian funetoaares But
i Austria really has such authority by treaties as she no"
claims il conessedy extends only to AHNrt1H subjects
Ii could not therefore be applied to kOsza uncss he was
subject the time he seized. IL The question OF ms
nationality b. settled by International Law, the only
code Vhch furnishes the rules by which this question Is TO
be determined there good reason for audsing bun
laNe been hen seized smyrna Austrian subject.
But settle this question Austria would have i settled
by appeal TO her civil code the result viii be tho
Bv the consent and procurement OF the Emperor Of Aus
iIa koszta had been scn into perpetual Punishment Inc
Imt erOr was party the expulsion OF the Hungarian
reu from Turkey The Sovereign b. such an aci Dc
prves hs bects whom is applied Of all their nghs
Under his lie places them where he cannot
If be would afford them protection. BY such al ct ne
releases the subjects thus banshed from the bond OF ale
gance ANY Olher result would MAKE the political c)nnec
Ion between the subject ard the sovereign state Of aa
mitigate vassnagC, IN which all the duties AID No rights
would he On The side and ell the rights dni no di's
would The other kOszta must be regarded a. nav
IN been boushed b. Austria, for he one OF the Hun
gtrGn refugees whom she procured 10 be expelled from
Turkey In s5 They were released from cOnlEenen. AZ
KuiaL.a condition Of submitting to pefpetaal ban,'h
ueut she had present AZ their dcpartdfe
who claimed and obtsned there active share in the ar
rGr.,rneufs KosztG could thereafter be rghddly
G.nt Udtd a. an Austrian subject.
Tie pTogositon that k0szta, at Smyrna, was not an
Austrian subject can BE- sustained on another ground
By decree II the Emperor Of Austria, OF the 2ith OF
March 1892 Austrian subjects leaving the d)miaioas u
the Emperor without permssion Of the magistrate, aud