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

ST. Louis was placed in a truly embarrassing sit
uatian. Charged with the protection of the per-
sons and property of those who had right to the
protection of his Government, it was at the same
lime no less his imperative duty to respect the au-
thorities OF nil countries in friendly relations with
his own After anxiousiy considering the case
nIesentrd TO linn "a Smyrna, he determined that
he ought TO effect therelease of KoSzta, and, If
uhavoi able resort TO Iolcs 10 accomplishit.
1t has excited some surprise here that, after
consideration Of the circumstances, an impression
Should be ente:taiHed IN any quarter that Captain
llgFaiiam either committed orlnsditatel hostility
towards Au tta on that occasion, In passing up
on lis conduct it's necessary TO Keep i ylew the
cosclLSIuns established rs the undersigned be-
lieyes, in The preceding renarks; for be, without
doubt acted upon precisely tile same conclusions.
He believed tint KOSzta had been seized without
plthOrlly, that he was illegally imprisoned, aud
thai he ought at once TO be Set ut liberty.
Bhe tirstaggreSsiye act III thus case was the Sci
zure Of Kosztll at Smyrna, committed by the pros
icuremeni of tie Austrian fnnclionaries; the first
improper Useo of llational shifl, the Imprisonment
of KSszta therein, was made by tile COMMANDER OF
the Austrian brig Huszar. That ship was convert
ed into prison ioE the illegal detention of person
clothed will, the nationality of the United States,
and consequently entitled to their protection. II
Austria upholdSs as it appeals she does, the con-
duct of the commander of the Huszar, she is in
facttle first asgressor. This act of the commando
er of the HuSzar led to the series of other acts
which constitute the ground of complaint against
the United States The alledged authortity OF
Austria under treaties being set astde,n one
would have questioned Capt. Ingraham's right, had
lie been present, TO arrest the proceedings of the
kidnuppers in the streets of Smyrna and rescue
Koszta from their hands. They were acting With
out ald against the civil authority OF the place.;
they were committing an atTociouS Outrage upon
person invested with the nationality ofthe United
States. If he could have properly lntertereu IN
the first stage Of this lawless transaction, he might
do so in the last. The act was in all its stages,
continuous wrong, and the character OF the actors
though there was asuccesSon of persons, was the
same-they were all wrong doors; and if they
Chancel TO have the possession CT national ship,
and converted ii into prison for the purpose OF
conSummating this wrong, that ship, thus deSecra-
ted, not entitled to the privileges of sanctu-
airy. Those WIN had the right to claim and the
power to release the prisoner illegally confined
therein might trent 1t as prison. and while It was
degraded to such an ignoble purpose might forget
aud be excused for forgetting, that 1t was nation
al ship.
There is a consideration probabynot brought TO
the notice of Aus;Gia, aud not sufficiently regarded
by others, which places tile acts OF Capt. lngraham
in true light, and repeS the inference OF intend
ed hostile demonstrations toward Austria. ltwas
the understanding OF the parties that Koszta should
be retained at Smyrna while the question oil his
nationality was pending. Capt. lnt rallam receIV-
ed satisfactory evidence of design, OH the part
of the Austrian functonaries at Smyrna and Con-
move him cIandestinely ftom the Huszar OIL board
Of steamer, for the purpose Of taking him to
Trieste. Theinformat on was such as DID not pei
init Capt lngraham to doubt that the commander,
of the HuSzur concurred in this design, and lnten-.
ded 10 aid in carrying it into effect. BY this evil
dence of the want oil good faith on the part OIL
Austrian dictionaries, in which the captain OF rune
Huzsar implicated, the captain OF the st. LOUIS
was placed in the perpexing alternative OF surren
dering the captive, without further efforts 20 the
which n waited him. to demand his I'M
mediate release, and in case of refusal toieniorce
/ it. The Government of TIE United States exceed-
IIngly regretS that ne was reduced to this paintut
alternative; but 1t cannot find, after full conSld-
Grafton of all the circumstances, any good reasons
for dlsapproving the course he pursued. 1t IS not
lust 10 Capt. lnglaham 10 lcok at the oualf as II
was ut the precise point OF time when the demand
for the release of KoSzta was made. The untece"
dent events qualify and legalize that act. The
Austrian funclionaries had obtained the possession
of the person OF KoSzta, not in fair or allowable
way, by violating the civil laws OF Turkey ana
the rights of humanity. Under these clrcunStan-
Ces their custody of HIM was entitled to no respect
from the agent of the Government which, by yir-
tue of his nationality, had right 10 protect him.
Had all the circumstances been as they were, e%-
cept change Of place-instead OF beng taken
from the territory of TIE Ottoman Porte, had he
been taken ftom that of the United States, could
question have been raised as to the propriety OF
Capt. lngr0ham'S conduct? II the conclusions
heretofore arrived at are correct, the Austrian
agents mad no more right 10 take hoSzLu lIom lle
soil ofthe Turkish dominions than from the terrific
OF the United States, and Capt. ngraham had the
same right to demand and enforce his release as he
would have had If Koszta had been taken from
American soil and incarcerated in national YES
sci of the Austrian Emperor. In tins question,
confined as it is 10 the United States and Austria,
the place of the Transaction is immateral, unless
the Austrian municipal laws extend over ii.
The undersigned yields ready assent to that
part of Mr. HUlSemann Snoe relative to the war ma
king Nht. uOcirinR cOntaineu 1t sound
and we'll sustained by most approved authorities;
but the undersigned has not been able 10 discover
its applicability 10 the case under consideration.
The people of the United States, in organizing
their Government, have been careful TO impose
more restrictions upon that power than any OF the
nations OF Europe, and it cannot be admitted that
these nations have hadany occaSlonto Teprove this
Government for its abuse. 1t has as deep nm in
tereSt and anxious desire to maintain lnteEna-
tional relations of friendship and peace as any OF
the European.P overs, and Will do as much as any
of them for public tranquility. The rules for its
own guidance, andfor the conduct of its agents
abroad, have that end specially in view. .-
| On entering upon tile duties oil his Office, the
President announced the policy which would beob-
served by this Government in its foreign inter-
course: 1--WE have nothing i'll our history or posi-
ton to invite aggression; we have every thing to
beacon us to the cultivation of relations of peace
and amity with all nations. Purposes, therefore,
at once just and pacific will be significantly mark
ed in the conduct of our foreign affairs" There
need be no apprehensions of adeparture from this
course. gao
In pursuance of this policy the public agents Of
this Government abroad are under instructions TO
respect the rights OF all nations; and any deyia-
ton from that course would be promptly dsa-
vowed, and proper reparation made for any 'nju-
ry or insult which they might offer 10 friendly
Power.
The application made by Austria to the principal
Powers of Europe, to warn and admonishithe Uni
ted States IN regard to the conduct of their agents
on the occasion aforementioned, implies that
this Government has adopted and is acting upon
some principle hitherto unknown 10 the law of ma
tons and dangerous TO public tranquility. The
communications 10 the Government in compliance
with this appeal, though respectfully made, and
doubtlts SIS well intended, imply dstrust ofltsgoo1
faith and fniriintentions.
The undersigned is confident that, after due con-