The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30
coSTiNUEp FROM FIRST PAGE.


Of The person Of Kossts, moi In fair or allow
able -, Drlt by atus the civil laws
of curkcy aud tue rights vi hun snity. Uniec
there circam-ia their CUSTODY OF h a vas . att
led uo respect from The ageut Il the government
which, by virtue OF his Nationality. had a righ. to
protect him. Had all the circumstances beer "a
thoy were, except u change Of place-inst-ad Of
being taken from the territory OF tae OttIinan
Psrte. bad be been taken from that OF the United
6t-tes-could question have been raised ~ u tue
propriety If Captain Inerahams coudact2 II the
cODcillsO1s heretofore arr we'd Ut are orrect, the
Austrssn agents bad no more right to take k,-zta
from the so,l Of the Turkish douni ms than from
the territory OF the United States, and sytaio In
graham HAD the same right To denand and enforce
his release ss he would have haa il Koszts had
been taken from American sill aud incarcerated ia
q national vessel OF the Austrian Emperor la this
question o0niued as it Is to the United States aod
Austria, the place OF the transaction is imm ierlal,
unless he Austrian muuicipallaw exteods over IT,
The uDoers,gned yields u ready assent t. that
part Ot Mr.. HulsemAna's note relative 20 tue war
mixing power. rne doctrino contained ia 1t Is
sound and cell sustained by most ap pr0ved autnori
ties; but tie undersigned has not been able G. dis
cover its applicability 10 the ca under ooa,iderar
ton Tbs people Of the United States. ia organic
ing their government have been careful 80 impose
more restrictions upon that po~er than any OF tue
Hat Gus IT Europe, and It caaaot Do admitted that
these sstcns have hao Any occasion to repreve tnis
government for its abuse. IL has deep Interest
and anxious desire TO maintaia international re-
lations of friendship and peace - any VI tho Europe
an powers. and will do rs much rs any OF them for
public tranquility. The rules for its own guidance
and for the conduct Of its agents abroai have that
end specially In view.
On entering upon the duties Of his on1oe the Pre-
sidebt snn uDcsd the policy which would be osserv-
ed by this government III its f0rei yn Intercourse
eve have nothing in cur history or position to in
vite sege<sion- We have every thing to beckon Us
to the cultivation Il relations Of yeace aud anlty
with nil nations Purposes therefore, At oace Just
and pacific will be sgnids Snty marked In tue cou-
duct Of our fpre'go affairs" There need DO ap-
prehensioos of departure from this course.
In pursuance OF this policy, the publ, agents OF
this governments abroad are under Instructions to
respect tn. rights If all nations aud any deviation
from that coure would be promptly dsavJwe aud
proper reparation made Tor any Injury or insult
which they might offer co treud'y p ser.
The APT Ii ;atipn made 0y Austria to the principal
powers Of Europe, To warn aud admon sh the it'd
States tn regAra ~ the conduit IL their agents
the asion before mentioned implies that this gov
eminent has adopted and IL acting upon some priG-
cipie hitherto nown u the law Ut nations, aud
dangerous 20 publ c tranquility. The com nuuici-
tiOns 70 the government ia CON Di snce with this APP
peal. though respectfully made aud doubtless veil
iDt."-eH Imply dstIust OF ITS good faith and far
iLtentoas.
lhe undersigned is Confident that, after due con-
ddeIs lou If he views here taken of the affair at
Smyrna those POSers which have been promut
to censtlre @il be equally prompt 60 correct any
precipitate judgment they may have formed III re
gard to it. he INDUCES che belief th t aztec tu
and far examiDation-not merely OF a detached
fact but Of the whole sc res Of fdctsthey will be
ahundantly ssti-6ed that the agents of this govern
ment N that Transaction have respected internaton-
q Law and IN No particular trAnsyressed the rcstr;
lions il imposes.
The viu6cation Of these agents is not placed upon
eny PRINCIPE to the intern atOnal code, or
know ii he practice OF enlightened uatious. These
IAios 90 not hesitate. in the exercise of the right
OF protection to extend 1t to persons (nOt al ways
subjects according t. their municipal laws) wh) are
clothed ~h their nationality; aud in instances
they have carried this right Of protection to limits
which this government would no; venture because
1t would hot feel justified to approach; nor have any
OF thee nations been disposed to abandon the ex1r
cise If this right from timid apprehension that It
might possibly bring them into occasional COLI.
zion with Other powers.
Is there anything in the chara :ter or condition of
This government which restricts it in the OF this
right common inheritance to all-within mar
rover limits than allowed TO Others2 In relation
to inter atona rights the United States ask
THAI has b. en- conceded to others, and will not be
Contested with less. They put forth no nc = prin-
ciIlea hut claim the full benefit of those which
eeAablisbed
Before closing thiscommunication the undersigned
VIII u eny uOtce tie comp ANT OF Austria ag inst
the toman empire The right Of Austria TO call
the United States to An account for the acts Of their
agents. Affecting the sovereign territorial rights OF
Turkey, V tot per eised, and they do not scknoS
ledge her right 70 require any explanati N.
II asJ thing was done At Smyrna in derogstioa of
che sovereignty Of Turkey, thus government will give
eafissct ~ explanation To the sultan whcn he snil
demand It, and has instructed its minister resident
to axe this KIN ,wn t. hI. He is the judge. aud
the only rgbtf Judge in this sfair aud the injured
party to. He has investigated is merits. PR
bounced judgment against Austria, and acquitted
che Uuited States yet strange it is Au-tris has
Callsdfho United States to account for violating tle
esvereigI territorial rights Of che Euper,r OF Tur
hoy.
ihe conclusions at which the President has arrv-
ed. after full examination Of the transaction az
Srnp md nj ufin0 off In vi
OF The Austrian government thereon presented in
Mr.. Hu'emann's note, are, that krsta when scz-
ed aud imprisoned, was invested With the nationality
OF the United States, aud they bad therefore, the
right u they chocse tn exercise it. to extend their
protection to him; that from intern stional IA the
only law which can DO rtghtfully appealed to for
rules Of action this case-Ausria could derive no
authority ~ Obstru Or Interfere with the United
States 10 TIE exercise Of this right In eecting the
iberston Of k0-zts; and that Captain la yrAham'5
trterpo~tion or his release was, under the peculiar
esd extraordinary circumstances o. the case, right
and proper.
Tl.ae conclusions Indicate to Mr.. Hulse mann the
answer which the undersigned Is instructed ny the
Presdent to make to The Emperor Of Austria to the
demand crtsented ID Nc. Hulscmana's note.
The President does DOT Sufficient for dis
ov,wipg the acts OF the American agents which are
eoapaioed OF by Austria. Her claim for satisfaction
On that account has been carefully considered and
is re- pectfully declibed.
Being convinced that the seizure and imprison
ment Of K"Sta were illegal and unjust1s,le, the
President oecliDes to give his consent 70 his de
livery ~ The Con-ul General Of Austria at Smyrna;
but, afer full exnmioai Of the Gaze, herein
pre&e0ted, he has instructed the undersigned to
nuhicate to Mr. Huisemann his confident expecta.
zion that the Emperor Of Austria will take the pro-
per measures u cause Martin Koszta to be restored
to TIE same condition he was in before be seized
In the streets II Smyrna. on the 2lst " June last
The underlined svais himself OF this OCCASION to
renew TO Mr. Halsemann the assurance of his high
consideration. W. l.. MARCY.
YclISvv Fever ~ doussOn, TEXAS.
Iekac thu pt Of ,he following suounts,
dorAosas t. ihs safersra 10 Houston, Tsxss;-