The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-15

hs antagonist Weckbecker, ths Austrian eeasul Ct
Tor bic intrepid conduct In attempting to kdsas ss!-
oy refugee With An armed boats Grew In . fuxAdak
S1 IN ss 1s tho nd
all ovsr the United States, for having rescued tAs
prisoner by tars9.enDg 70 Gre into Austrian vessel 9
custody Of tns french consul who consented to ho Tho
STAKES While tbs diplomatic quarrel Is fought oat; s.A
to despatch the person In dspus by an esrv ssswsr g
Maj settles. Bat In an unguardsd moment tie Frsask
not let him 60 out Of his keeping without joist ves
request to that effect from his Austrian and Hve1ssu
ass Of mot e obtain in
te Several questions OF considerable nicely have beea
raised by this ncdent passions have been excited and
Il is fortunate that the parties In dspuo axo
separated BY some thousand miles Of ocean.
The Austrian government has addressed to the
President Of the United States strong demand
persl flag by Captain lngrahsm and in dplo-
matte circular which has been communicated to the
several courts Of Europe the cabinet of Vienna uader
takes to prove by vatte and Puendorf that the Aue
officer had IN the first place right to cAtm Koszs
to threaten to commit act Of in neutral port
All this may De perfectly true but the Austrian Chan
consul was not q whit more defsnsive he began the
affair by the seizure Of political fugitive neutral ter
o Ss5s susn an act f. being SoP ioyo.
Bile to examine the existing treaties and captuatisns
between the Austrian and Ottoman Empires especially
the articles Of 1747 relating to the franchises Of eonsus
and imperial subjects and We not believe that the
Porte ever conceded TO any Christian State the sxorb
to BE- % s and oil
time place. but while they peacefully nhsbitiag
the Turkish territory We heard nothing of tbs exstsnos
shelter at wddn in is4O fer Although Austria and Rss
sa demanded their extradon they never asserted anS
NJ Weckbeckers attack Kosza was to all intents and
purposes violation Of territory and much direct
and rnproyoiea one taan that subsequently committed
In the version of this story which circuatss in the
United States, SEINE additional coorng has been given
to tho scene by statement that whom the st. Lsats
Traded her guns the commander of the Austrian brig
Utsro caufed the luokess Hungarian to be brought q
deck and tied to the mast with threa. that whom tbs
first rhot fired BY the Americans his brains shouI6
be blown out by an Austrian marine This little adj
ton however greatly needs confirmation for !! such
would increase il possible the strong feeling Of repro
baton this transaction has excited But tho ground
justify the interference of their officer is thata foreigner
who has merely taken the PrsiansIy steps tS.arda
declaration Of such intention is to DO regarded
American citizon, and to be entitled
thsnoeforth to the protection Of the American
United States alien acquire the rights of ctzea.
ship by declaring oath his intention to ths
made two years at least before his admission ald 10
must also have resided i've years In the country The
pT Is
act Of Congress- Of 1928 analogous that in
cent legislation this subject which exclude. natural
their adopted country when they beyond its froatsrs
If the cabinet Of Washington now fully recognizes And
very novel and dangerous doctrine which previous
cion Of lany American court of law has sanctioned
Fer anything BE- more tp than 70 permit n
States by this declaration Of citizenship and that hs
should then return to Europe in bis new capacity 70
expulsion from his native lands Chief Justice Elsworthy
laid It down in the Circuit Court Of the United States
that
saa
al sss1sssas Coz cssssa L
Moreover Il has always been held that legal naturax
aton could not take place without bona tide change 6
donicl under circumstances Of good faith. These
the rules Of common sense and OF Law. Naturalist
ton is . compact by which citizen transfers HIS
change for her protection. But the Is totally
different when . political refugee assumes foreign
1s nnsa character only rshs a ss
conferred as privilege and favor, are thus Pros
tutsd and abused Nay, more the peaceful relations q
baye contracted for their own purposes, conflicting obi
cations between them. No wise government would al
low itself be entrapped uto foreign quarres such
1nsey prcence this In good faith Martin KoszA In
no American citizen at all. but Hungarian refugee,
his party; and though rejoice that he was rescued
from Austrian prison by the act of Captain Iugraha,
the Americans must hold the title and character Of 8
citizen Of the United States much lover than We do IF
they permit 70 DO invoked and abused at their cost BIZ
every sdventursr who chosea to demsnd it.
We have called attsntion to this subject because the
present instance BY or iso sssd
There arc in this country in ths United States asA
only hope Of recovering power and home Is to reSins
eonHegTaton in Europe and to obtain IL possible tho
support of sce regularly organized power. To further
this object they employ all the their command
to emb oil this country ard the United States With tho
continental nations. and to urge Turkey to run the
risks OF war That peace which Is dear to all tho
great nsTe CT the world is the seal OF their outswry
their bondage The revolutionary party of 1s48
hst is the reason vhy every ncden. that can i.sne
the hostile passions OF the people eagerly laid held
Of the revolutionary chiefs and that is also ths
for which every responsible and rational government
ought TO be its guard against alterations Of this
nature, and should avoid attaching to them more iu-
disturbances break out in the present state OF
Europe win turn to the advantage of party but that
of the eternal enemies Of legal order and social improve
Eent.
The Fishery sucstion-Prescnt Vegetables
between America and England.
From the London Times, September
In the autumn o.. last year the governments Of this
country and the United States were Ear embroiisa
upon the question OF the colonial fish 3res to occasion
for the mCnor tndsrabls uneasiness and to Greats
even sorne reasonable grounds for apprehension. Tho
same question is under discussion OF the present moment.
but agreeable IS the change in Its general aspect that
instead Of hos.ites enlargement may anticipate
from the negotiations material improvement Of the
atops already subsistpg between the two countries.
host readers will reccect that the dispute eseu-
siby made to turn upon the construction Of certain
pbrafes in the treaties regulating these reciprocal rights
The Americans stood debarrtd BY these conventions from
the waters within certain dstar Of the Brtsh shore
and from the "bsys c colonial coasts. The former
Of these provisions involves general maxim Of intsrna
tiona law By which, for obvious reasons, oil coast terri
tory ia held to carry with It xed extent Of ths BY
which is waed The latter addressed more directly
TO the Of lsheros in Asmuch the bays
orindenatons OF coast line include the productive
waters though hero nlso the maxims Of public law
found to apply since By the received understanding in
such matters coast line, instead OF following tho snu
oses Of the Shore Ways measured from hesdand Ia
headand Clearly, therefore, the American interreta-
ton OF tho CASE by which they claimed ingress to
bays condition Only Of keeping the specified distance
from the shores, altogether untenable Tho simple
truth Of the matter was this There was time when
these North American territories TeIc oil under one 90,
yerIpien. ange and when The waters In question sers
open TO Canadians and New EDglsnders in common. This
state Of things nterru 5tod by the Rev ,uion which
them Of their former privileges the coasta sta per.