The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1853-10-11
the national character of tho country not only

tho hatonai cnuracter or THO country not ON
to native born and naturalzed citizens, but
all residents in it who are there without an /
/, tention to become citizens, provided they ha
: domicil therein. Foreigners. may, and Q
! ten do acquire domicl in q country ey,
, though they have entered it with the avows
intention not to become nataralized citizen
but to return to their native land at some r
moto and uncertain periods; and whenev,
they require domicil, international law at on,
imprcssess upon them tho national charact
of tho country of that domicil. II is maxi
OF International law that domicil confers n;
tl'nal character; it docs not allow any one wh
has domcil to decline tho national chara,
ter thus conferred; il forces il upon him ofte
very much against his will and to his gref
detriment. International law looks only I
the national character i'm determining wha
country has The right to protcct.-lf perso
goes from this country abroad with tho nation
aity of the United States, this law onjoins up
on other nations TO respect him, in regard :
protection, as an American citizen. 1t con
| cedcs to every country tho right to protec
any and all who may bo clothed with its ma
| t;o-aii,y.n
Mr.. Marcy thus closes his long and able ar
gument There seems to be no alternative
but that Koszta should be held in custody O
upon the disposition to be made of him.
his seizure was a violation of tho rights of Tur
key, Franco will never become party in con
sumatng that outrage by delivering the vic.
tim over to Austria. 1t will only remain to
be determined how far Austria will submit ia
our Interpretation of what protection We owe
to koszta. If il is n casus beli, it is quito
sure that tho whole American people arc dis
posed to uphold their Governments:
"The application made by Austria to the
principal powers of Europe, to warm and ad-
monisbcd the United States in regard to to the
conduct of their agents on the occasion be-
fore mentioned, implies that this government
has adopted and is acting upon some princi-
pic hitherto unknown to the law of nations.
and dangerous TO public tranquility The com
to tho government in compliance
with the appeal though respectfully made and
coubtless well intended imply a distrust of its
good faith and fair intentions.
The undersigned is confident that, after duo
of the views here taken of the
Affair at Smyrna, those Powers which have
been so prompt to censure, will bo equally
prompt to correct any precipitato judgement
hey may have formed in regard to it. He in
iulgcs the belief that after q full ondfair exam
nation-not merely of detached fact, but of
lantly satisfied that tho agents of this govern
rational law, and in no particular transgressed
he restrictions it imposes.
The vindicalion of these agents is not placed
lpon any principle new to the international
ode, or unknown to the practice of the en-
ighted nations. These nations do not hesi- |
ate, in tho exercise of the right of protection. |
o extend it to persons (not always subjects ac- |
ording tn their municipal laws) who arc cloth
d with their nationality; and in some instan-
sci imstified. to approdcn; h6r n1vc any OF
hc.c nations been disposed to abandon tho
xcrcse of this right from ,imd apprehen-
ION that it might possibly bring them into an
ccasional collision with other powers.
Is there anything in the character or condl- |
ion of this government which restricts 1t in
ho use ofthis right-a common inheritance to
.ll-within narrower limits than are allowed
o others: In relation to International rights,
he United States ask no more than has been
t. Others and will not be conted with
ess. They put forth no new principles out
.laim tho full benefit ofthose which arc estab-
ishcd.
Before closing this communication, tho un-
lorsigncd will briefly notice the complaint OF
A Austria against Captain Ingraham for violating
.ioht of Austria to call the United States to on
account for the acts of their agents, affecting
he sovereign territorial rights of Turkey, is not
perceived. and they do not acknow ledge her
right to require explanation.
If ANYTHING was done at Smyrna in deroga-
ton of the sovereignty ef Turkey, this govern
ment will give satisfactory explanation to tho
Sultan when he shall demand it, and it has in
its minister resident TO make this
known to him. He is tho judge and tho only
riph,fu Judge, in this affair, and the injured
marty too He has investigated its merits,
judgement against Austria, and
aeouitted the United States; yet strange as
II i Austria has called the United States
to account for violating the sovereign territorl-
al rights of tho Emperor of Turkey.
The conclusion at which the President has
arrived. after a ful examination of tho transac-
ton at Smyrna. and respectful consideration
of tho views of the Austrian government shcro-
on as presented to Mr.. Hulesmann' note, are
tha, Koszta, when seized and imprisoned, was
invested with tho nationality OF the United
States, and they had therefore. tho right II
they choose, to exercise it to extend their pro-
lection to him; that from international law
the only law which can be rightfully appealed
TO for rules of action in the casc-Austria could
derive no authority to obstruct or interfere with
the United States i'm tho exercise OF this right
in ef1ccting the liberation of Koszta; and tho
Captain lngraham's interpostion for his release
was. under the peculiar and extraordinary cir
cumstanccs of the casa, right and proper.
These conclusions Indicate to Mr.. Hules-
mann the answer which the undersigned IS in
s,ructed by the President to mako to the En-
pcror ofAus,ria to the demands presented in
Mr.. Hulsemann's note.
The President does not see sufficient cause
oedsavowing the acts of the American agents
which arc complained of by Austria. Her
claim for satisfaction on that account has boen
careful considered and is respectfully declin-
Cd
Being Convinced that the seizure and inn
prisonment of Koszia were illegal and unJustl
fable. the President also declines to givo his
consent to his delivery to the Consul Genera
of Austria at Smyrna, but after full examna
ton of tho case, as herein presented, he has in
structed the undersigned to communicate to
Mr.. Hulosmann his confident expectation tina
tho Euporor Of Austria will tako the propc
measures to cause Martin Koszta to be restor
ed to tho same condition he was In before IN
was seized i'm tho streets of Smyrna on th'
| 2lst of June last. Hr