The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-30

mons Il ID now avovel a. was then sospected that
these desperadoes nssiGaled 10 This outrage by the
Austrian uI.Gsnsral al Smydna; but it is not pre-
tended that he acted under the civil authority OF Turkey
but, the contrary is ADMITTED that application TO
the Turkish Governor al Smyrna, that mag refused
TO grant the Austrian Consul any authority to arrest
| kosZta.
The Consul OF the United States al Smyrna. as soon
he heard oil the OF Koszta and The Charge Aares
OF the United States ad interim at Constantinople alter
wards inerceded with the Turkish authorities with the
Austrian Consul General at Smyrna and the commander
of the Austrian brig ofwar for bis release the ground
OF his American nationality, TO support this clam.
Kosza's original certificate OF having made under oath,
in court in New York declaration OF intention be-
American citizen, was produced al Smyrna and
an imperfect copy OF placed in The hands of the mpe,
rial Austrian inernunco AT ConstaBnople. The appi-
cation to these officers al Smyrna for his liberation as
well that OF Mr. Brown, Charge dAdaires, Ba
de Bruck, the Austrian Minister al Consaniinople,
utless, and il became notorious al Smyrna that
there settled design the part OF the Austrian OIL
fcias TO convey him clandestiney to Triesle-a city
within The dominion OF the Emperor oil Austria. Oppor-
timely the United States sloop otwar the ST. Louis,
uHfer the command OF Captain lngrahan we'd In the
habor Of Smyrna before This design executed The
commander OF the ST. Louis. from The representa-.
lion OF the case made 10 him, felt It to be his
validity OF kosztas claim 10 American protection.
| He proceeded with deberaiion and prudence and
discovered what he considered just grounds for inqui.
ring into kosza's claim to be discharged account of
| his American nationality During The tendency OF this
inquiry he received notice OF he design to take Kosza
candeslinely, before the question at settled,
into the doalnons OF the Emperor OF Austria AS there
other evidence OF bad faith besides The discovered
design OF evading the inquiry, Captain lngraban de-
manded his release and inmaied that he should resort
TO force ii The demand was not complied with by
tain hour Fortunately, however, no force used
An arrangement was made by which the prisoner was
delivered The custody OF The French Consul General
10 be kept by him until the United States aud Austria
should agree as to the manner of dsposiDg of him.
This full Statement, OF The facts is deemed important
II will correct some errors and aid IN presenting with
more dIstincness the questions to be discussed.
/ The undersigned will proceed 10 presen, the views
Of the President upon this transaction, and his reply to
these several demands.
His Imperial Majesty demands that the government of
the United States shall direct koszta 10 be delivered to
him that shall dsavow the conduct Of the American
agents in this affair, call them 10 account and
tender satisfaction proportionale TO the outage
in order arrive at jus, conclusions, is accessory 10
and clearly define kosza's political relation
with Austria and with The United States when he was
seized a, Smyrna This is the first point which natural
ly presents itself for consideration and perhaps the most
important in lis bearings upon the merits OF the
There is great diversity and much confusion Of opinion
as to the nature and obligations of allegiance. BY some
it held TO be ndesuc,ibe poll ca Tie, and though
resulting from the mere accident Of BIRTH yet forever
binding the subject TO The sovereign by others il
sdeed political connexion in the nature OF civil
tract dissoube by mutual consent but not al the OPP
lion OF either party. The sounder and more prevalent
doctrine, however, rs. that the citizen or subject, having
faithfully performed the past and present duties resulting
from his relation to the sovereign power may any time
release himself from tho obgaon oil allegiance, freely
quit the land of his birth adoption, seek through all
countries home. and select anywhere that which offers
MIN the alrest prospect OF happiness Tor himself and his
poserlty When the sovereign wer, wheesoever may
be placed does the ends for which il is besow
ed, when il is not exerled for the general welfare OF the
people, has become oppressive individuals this right
10 withdraw rests as firm basis, and is similar in
principle 10 the right which egmates resistance to y
ranny.
of municipal character, and have controlling opera
ton beyond the territorial limits of the countries enacng
them All uncertainty well as confusion this sub
Ject avoided by giving due consideration to the TACT
that the parties TO the question now under consdera
are two Independent nations, and that neither has the
night to appeal TO its own municipal laws for the roles to
settle the matter in dispute which occurred within the
jurisdiction oil a third independent power. .asI
4 Neither Austrian DEGREES American laws can be
properly invoked for aid or direction in this but in
ernationa law furnishes the rules for a decision
and by the light from this shed upon the
ton al Smyrna are its true features TO be dscerned
kosz,a being beyond the jurisdiction OF Austria, her
Sultan OF Turkey has consented TO give them yigor
within his dominions by treaty shpnlaiions The law
OF nations has rules OF It's the subject of al
legance and dsregads generally all restrictions imposed
upon II By municipal codes. f..
This is rendered most evident by the proceedings OF in
dependent States in relation exlradition No Stale can
demand from any other as a matter of right, the
der OF natve-born or naurallzed citizen subject,
emgrani, or even fugitive from justice, unless the de
mand is authorized by express treaty stipulation In
ternatona law alo no such claim though comfy may
sometimes yield what right wIthholds To surrender po
ical offenders and IN this class Austria places kosza)
IL not cuiy but, on the contrary compliance with such
a demand would be considered a dishonorabe subser-
viency 10 foreign power and ac meitng the repro
baton d, mankind As rendering needless all further
argument this point, the undersigned will recall to Mr.
Hulsemann's recollection what took place in ls4e and
1850 in relation the reclamation OF Polish refugees
Turkey by Russia, and OF Hungarian refugees cot whom
Koszta was one) by Austria THIS demand was made IN
concert il were, by two powerful sovereigns while
their triumphant armies, which bad Just put an end
/ To the revolutionary movements IN Hungary, stood
upon the borders oil Turkey, with power erase her
from the list OF nations She might well appehend
for herself The nations OF Western Europe appre
cd for her, that refusal 10 her critical condition would
put IN jeopardy her existence independent power
but she did refuse, and the civilized world justified and
commended the act. Both Austria and Russia placed
their respective demands higher grounds than right
OF exadton under the law of nations, they attempted
TO strengthen their claim by founding Aon The obga
tons OF existing tfeatesthe same, undoubiedly that
are now urged upon the consideration OF the United
the refusal and never presumed TO mpue 10 Turkey the
act of refusal breach OF her duty or violation of
| their rights.
To show that the very same claims 10 rights now sci
NJ IN this overruled and repudated lsig and
1850. the undersigned will refer 10 the
views OF eminent statesmen IN regard The conduct OF
the Sultan ~ relusog to surrender, the demand OF
Austria and Russia. the Hungarian and Polish refugees,
who were claimed by these powers rebels aud traitors
Sir STAFFORD Canning the British ambassador al Con-
stannople entirely approved OF the Susns course on
That occaslonindeed, he advised it, In letter 10 his
government, dated the 81 OF September Iss9 he says
= Va grounds OF humanity, not unmixed with eonsdera-
lions affecting the iore's character and future policy
have not hesilated To advise decided resistance the
demand OF eKtIadon" From another letter OF this am
bassado dated the 18th OF December commenting on and
commanding the courageous hrmness OF the Sultan in re-
fusing the demand OF these powerful empetors for The
surrender oil these fugitIves the preence "a