Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-17


Of aliens or probationary candidates for citizenship,
which appear to us too extravagant to be addressed
to readers possessing any knowledge of the law, or
any respect for it, induce US to admit another article
from a highly intelligent source, on the case of
kosTA. The assertion, as general principle that
the mere declaration" of an alien-while it gives
hum not here the rights of citizen-entitles him
abroad to the protection of citizen, seems to us
neither tenable nor wise. Nor either, does pro-
lection on the mere ground of humanity however it
may be admitted in the actions of individuals, strike
US as sufficient argument in question involving
the rights and obligations of nations.
FOR THE NATIONAL INTELLIGENcER
The Kosta affair has deseryedy excited much sympathy
throughout the world and is to in America Of peculiar
interest The facts of the case, gather them from
the many reports are rs follows MARTIN KosTA Hun
garan by birth, and subject Of Austria mmgrated to
the United States and after his arrival there and short
residence declared under OATH required by the law
his bona fae intention to become citizen of the United
States and forever all allegiance and fidelity
to Austria. About year after making this declaration
he left the territory of the United States reprend
and went into that of the Ottoman Empire third indie
pendent Power. While in the Ottoman Empire he was
seized by Austria and imprisoned Austrian subject
for alleged political offence, said to have been
mitted anterior to his immigration to the United States
not charged by Austria that he was the time OF
seizure engaged in conpring against her laws peace
in the territory of Turkey for that purpose Upon
hearing of the seizure of Kosta Capt SGRAmAM the COM
mander of the United States oopofwar ST. Louis under
the advice of our diplomatic agent ad Constan
tnpe demanded his release and upon the refusal of the
Austrian officer to surrender him took prompt and decided
venon of other parties prevented resort to arms and
Kosta released from confinement and handed over
the care of the French Consul
The question for consider is was the conduct
of Capt ISonAHAM jusfable upon American principles
under the laws of nations? We think that it was.
Our first position is that the seizure of Kosta by Aus
tra effected within the territory of Turkey free and
independent Empire open violation of the laws of
society which has established between nations and
direct attack upon the welfare and safety Of society
and that such al nations have the right If Turkey is
too weak to maintain her integrity to come to her
aid, and' by resort to forcble preserve it
for her
Our second position is, that the seizure of Kosta by
Austria Turkish soil practical denial of funda
mental American principle namely the right of exparia
ton, embodied in our Constitution and provided for by
our laws.
Acting upon the general principle admitted by all wri
ers the natural law that all men inherit from ma
lure perfect liberty and Independence of which they can
not be deprived without their CONSENT the United
States assert the right of every elect the form of
government under which he desires to i've and have
enacted laws prescribing the to be pursued by
citizens subjects of other countries desiring to become
citizens Of Another American prinoipie is not
admit political offence bar to naturalization We
make inquiry into the previous political history of an
alien admit him 10 unon connIionca
with laws The first step towards naturalization that
require of alien is declaration under oath of
bona d intention to become citizen and to renounce all
allegiance and fidelity to the State poentae Of which
he is at the time citizen subject Now what is the
actual effect Of this declaration upon the aliens relations
to the society he intends entering to that he intends
and to society at large 1t does not entitle
him to full citizenship because the law imposes other
conditions to be fulfilled before he be admitted to
lie can in account Of it claim
either the privileges protection of citizen. In rela
ton to the State he intends renouncng his declaration is
Of itself virtual disclaimer of its protection He could
notn an emergency honestly claim it, and if he did, we say
that knowing his declaration his appeal could justly be
dsregarded In relation to these societies he stands
them IN state Of isolation In relation to society at
large however this isolation does not constitute him an
outlaw, nor deprive him Of that general protection which
found in the necessary internal conscicntia law Of
nations BY the assertion Of his natural liberty and in
dependence he becomes to oil nations foreigner but like
every other foreigner as long he remains within ter
rtOry he is subject to its laws and enjoys all the protec
ton and advantages which the law or custom gives him.
However anomalous this position may have been in ruder
ages it cannot be deemed irregular in the present adj
vanced state Of civilization intercourse and christianity
1t seems to me, moreover to be logical sequence of the
American principle Of naturalization.
From 1918 to 1S4S law required continued resi-
dence Of five years within the territory Of the United
States qualification for citizenship but experience
taught the hardship of this requirement and it was re-
pealed The repeal did not carry with it any promise
direct or implied Of protection The alien who after his
declaration goes without the territory Of the United States
does at his risk but is still under the general pro-
lection of the laws Of nations interpreted and applied
by us As long he does wrong wrong upon the
ternal conscenal principle should be done to him. Re-
paraton for injury to him cannot be demanded by us
But when in his person the welfare and safety of society
at large arc attacked and American Interpretation Of
international law violently and emphatically denied we
hold that the United States have the right intervene
Tor their vndcaton Such we hold to have been the
case IN the hosta affair, and such hold Capt SGRA
HANS conduct jusfable The responsibility Of his ac-
ton without the instructions Of his Government forms
part 81 this discussion That is matter between him
and the constituted authorities II he has done wrong
ms action can be repudated, and PREPARATION made to
austria Under the circumstances, prompt and decided
course was necessary, and 1t to be of much
more Importance to the interests Of mankind and the
Weare o. society that life should be saved wrongully