Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-08-20
THE CASE OF KosrA, THE HUNGARIAN.

InE ChoE Of shOoIA, IhE hUNGhhlAN.
The following article from correspondent pre-
sents clear view of the case of Kosta, which has
attracted so much attention. So far as Captain In
graham may have acted in aid of the Turkish au-
thorities in resisting any lawless aggression of the
officers or agents of a foreign Government, in at
tempting to kdnap, foreigner not amenable to
their jurisdiction, especially in behalf of an indiyid
ual who may have any pretext for claiming his IN
tcrposition his course will doubtless find cordial
approval on the part of all his countrymen. But it
does not appear from the facts disclosed that Kosta
presented any valid claim on the American Go
vernment for protection 1t is, efcourse, quite clear
that he has no claim as an American citizen, as no
foreigner can acquire that title but by a previous
residence Of five years, and it is not pretended
that kosta remained here that period of time. 1t
is equally clear that he cannot have taken an oath
IN an American court of allegiance to the United
States, nor any oath renouncng his allegiance to
the country OF his birth, as there is no law of the
United States which authorizes the administration
of such an oath. The declaration which he has
sworn to can be only of las intention 10 become a
citizen, and, on being admitted us citizen, to re-
nounce his allegiance to all other Governments
But he well knows that he could not be 80 admitted
and become entitled to take such on oath in an
American court until he should have complied with
the condition of two years residence Until this
condition is performed and the oath taken, the
United States, of course, neither assumes any OBJ
legations of protection nor acquires any claim to
his allegiance Boston DAILY Advertiser.
DAILY ADVERTISER.
In looking the correspondence between John p.
Brown, Charge dAfares at Constantnople, and Baron
Bruoi the Austrian Minister relative the seizure Of
Martin kosa at Smyrna, published in the Advertiser
Of the ii tn instant find that Mr. Brown to have
acted in the matter under the false impression rela
tive to kosta GLAZING upon the United States for protec-
ton that seems to prevail among the of those who
have written upon the subject in the papers of the day
In his note of June 9th Mr. Brown says of Kosta:
Together with others he was permitted to leave this
country in 1851 and he proceeded with them to the Uni
ted States where he took the preliminary steps of be-
coming citizen of the United States that is he made
formal remuneration of all allegiance to any other Power
or Sovereign whatever, and took the usual oath of ae
glance to the Government of the United States - and in
his subsequent note being that of June 29th Mr. Brown
adds have the honor to hand you (encosed the de-
claraton which NJ Kosta made at New York the 3lst
of July, 1852, renouncng his allegiance to the Emperor
of Austria and taking oath of allegiance to the Co.
rernment Of the United States of America
isvery certain that Kosta had taken such oath
as is set forth by Mr. Brown it not taken according
to the law The statutes of the United States provide
that, in order to procure legal naturalization alien
must prove that lie has declared oath before certain
/
mission, that it bona fde his intention to become
citizen of the United States and renounce forever all
allegiance and fidelity to any foreign prince potenate
State or sovereignty whatever and particularly by
the prince potentate State sovereignty whereof such
alien may at the time be citizen subject 1t further
provides that when admitted to citizenship, which in
case be done without proving residence of least
five years in the country he shall declare on oath or a
frmaon that he viii support the constitution of the
United States, and that he doth absolutely and entirely
renounce and abjure all allegiance and fidelity to every
foreign prince potentae State sovereignty whatever
particularly by the prince, potentate, State,
sovereignty whereof such alien may az the time be
citizen subject.
As Kosta to the United States in 1851 it is clear
that his declaration referred by Mr. Brown bearing
date 3lst july 1882 could have been his final ad-
mission 20 citizenship
1t is also clear by reference the law that in making
his declaration of intention become citizen he could
not have taken the cath OF renouncng allegiance the
Emperor Of Austria, the oath of allegiance the
Government of the United States or if they were taker
they unlawiuly taken and were therefore not bind
ing upon him. did they impose any obligation upol
+ the United States to protect him.
In his primary declaration lie simply declares his in
tention to do certain things and that declaration ma
properly be made any time after the arrival Of an allie
in this country; at his final admission and then only
he required actually to do those things that he had
least two years before declared his intention Of doing
and this final admission in take place unit
after q residence Of five years in the country
The primary declaration by alien Of his intention to
become citizen docs not legally impose upon the United
States duty Obligation neither does it confer upon
the alien making such declaration any lega! rights.
Ii is simply the inception OF n right
Whatever Mr.. Brown may have thought, il is pretty
that
hcate of primary declaration brought from New York.
gave him no rights, and conferred obligations upon
the United States, he would have told Captain
lngraham that he Hungarian and should live and
die one, which looks very much like saying that had
changed his mind and did intend ever to become
citizen Of the United States and he was undoubtedly
much surprised when he found that his paper was suf
Gent to enlist the navy Of the United States in war for
his protection and that to that desirable end the Amer
can soopofwar was clearing her decks preparatory
firing into and blowing up the Austrian brig in which he
was unfortunately prisoner.
declaration Of intention 10 become citizen does not
ente traveller to American passport nor a seaman
to an American protection.
Still it is not improbable that in Of American sea-
men being left in distress in foreign port and it be-
coming the duty Of the American Consul send them TO
e Al. III