Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-10-05

the United States Tor vlolauhg Tue HenS OF ! u
keyinthe Koszta affair; i9dNey, the oIsnoeo l'ai-
ty, eSonerates the uniteu states, ana protests u
gainst Austria our accuser' tor me very same OF
fence. ,..s,
These considerations nave leu the utuetsss nsu,
as hebeleVes they WIN leae an others wA9
fleet on them 10 the cohndent, nun, Sas
there exist no treaueS between austria anu j VI
key which could Justify or IN any way co 1nte-
nance the SEIZURE OF npHsonnsps W 1AoS1ta ny
the Austrian iunctionarles. ...-..,.
But IL Austna really mas suc Ny ttea
ties as sue now claims, u 70
"Austrian subjects" 1t could not' therefore. De
applied to Koszta unless he was such subject
at the time he was seized. II the question oil his
nationality is to be settled oy International law
the only code which furnishes tue rules ny winch
this question IS TO pc oetstnled' mere rs no goou
reason for adJudglng nun 10 nave DEEM when Sez-
ed at Smyrna, an Austrian subject. But settle
this question as Auslrla would haven't settled, by
an appea. to her own civil code, the result will
tie same.
I By the consent ana procurement oil the Empe-
ror of Austria, koSza had been sent into perpetu-
al Punishment. The emperor was a party TO the
expulsion of the Hungarian refugees trom Turkey.
The sovereign by such an act dsprlves his sub
jects 10 whom 1t is applied OF all their rights un-
der his Government: He places them where he
cannot If he would afford them protection. BY
such act he releases the subjects thus banished
from the bond of allegiance. Any other result
would make the political connexion between the
subject and the sovereign state of unuihgnted
vassalage, in which all the duties aud no rights
would be on one side, and all the rights and no
duties would be on theiother. KoSzta must be re-
Carded as having been banished by Austria; for
he was one of the Hungarian refugees whom she
procured to be expelled from Turkey in 1851
They were released from confinement at Kutahia
on condition of submitting to perpetual baniSh-
msnt and she had two persons present at their
departure 'who claimed and obtained there M
active SHIRE in the arrangements" KoSzta could
never thereafter be rIghtfully demanded as an Aus
trian snbiect
The proposition that Koszta at Smyrna was not
an HAustrian Subiect'' can be sustained on an0th-
ground. By decree of the Emperor of Austria
of the 24tll of March, 1882, Austrian subjects
leaving the dominions of the Emperor without per-
mission of the magistrate and a release of AuStri-
an citizenship and with an intention never 10 re-
turn become ssunLatoflL emigrdntS," and lose all
their civil and polItlcal rights at home-( Ency.
Amer. Tit Emigration, Q Kent's Com, so, 51.)
Koszta had left Austria without permission, and
with the obvious and ayowed intention never to
return. he was therefore, within the strict nsan-
inc of the imperlal decree, can unlawful emf
Grant" He had incurred and paid the penaly Of
that offence by the loss OF all his civil aud political
rights. If he had property, it had escheated, and
he was reduced to a state worse than absolute
oIienage. FIR oIeus have bv right The benefit of
the civil laws for nroection in whatever country
thew NAV be. Stripped by this imperial decree of
civ;l nnI nolitical rights Koszta had in Austria
yatlTt abroad
m claim to nrotettion from The Government that
would sill hold him as n subject, He was in re-
gard In Austria. an outlaw What right can
Sovereign have 10 the allegiance of person re-
Jncsd nv him 10 such miserable condition? 1t
san,S ~ hove Leen the veTv object of the Austrian
cre - ;solve the nTev;ons noIitical connexIon
heivvean the GsunIawfJII emiyrnnt', and The En-
nsror In.Kosztois II was dissolved.
Some ;mrortance 5seems IN be attached IN
RoSzfoss o,I.ns on;nion of his c;tizenshin Tn.
tSh = i not tn,,, th aveTm.amI
49, p - I,o,I11 I,;,Sr ~ he q S,,I,iot ~
tL ,o' Err IF ss,r;a ;rLs ossoS ,vbsncinse
IL I6;ns3 shows +ho+ M, aiIs,N9i ocLoou,eJ,
y t ;S ..Ss ~ 80 e,ii 10
. % w. i,a,,1t S az 'o, ~ thi Mo-
=; ~ foiIn,y;rs ssFTbs vsrv Ieciarn,ion NJ ;Sot
1900 ~, boaSad of +Fs LJnszor 4, Ibe ,,resanca, 9
The Smsricon Consul onI the commander oT The
=. 80; ,. tIot 10 t;tI oons,irsI L,.if os
" I;uaS e ~ Er ~ y, M ioia,nt;n ~
=. snS az; -, 80 80; 40
it - =; ~ 'Jobfa1i" fb raSnons KoSZf q; 70
,J - 10 no AZ ,,Ls,, ;ntsrro,oIsI os 10 nc
i., -, An,.;ooI1 cit1sn. al am !. Hun,oTian
os III ,;l onJ lie unngorion,, M Rroun
49, fSh- AZ er;rs nj So, of The Hated
$50 - Son.tant;nool ,bo ,vns not ut smvrna
~ INV five during III, transsction in relation I'm
Kos1io stnte5 in s letter tn Baron de Rruck some
hin, liz. the forepoinp eclaYotinr. Inf Cant In
Graham. who was present as Mr.. Hulsemann states.
when Koszta was examined and made the declara-
t;on ;rnnItt. In saws al am astonishsi to see
nv Mr. Prov, ne letter that Koszta declared him.
self m onr firvt interview Zimmerman. did NOT
hear him saw 81, - II INV we'll he doulteil yyhe-
tber Kos,to ever ,,sil such la np,,ape Sbould n
| however he admitted that he did make that or n
similar declaration it cannot be fairly understood
to imply an acknowledgment that he was then
subject of the Emperor Of Austria. TO apprehend
rightly what he meant by such declaration it is
proper to consider his situation, his known senti-
neuts nd his anteceLentS, In his mind no two
things could probably be more distinct from each
other than Austria and Hungary. One was an
objectof aversIon-the other object OF his love.
birth, and were the more intense because he
thought that country had been cruelty wronged,
and he knew it was unfortunate. In his visions Of
the future he saw happier destiny for Hungary.
He saw her standing proudly among the indepen-
dent nations of the earth, under clement Gov
ernment emanating ON the will Of the people,
and dedicatng its constitutional authority to their
general welfare. In the fallen condition of Hun
Z ~ AN Il.