The miners' express. (Dubuque, Iowa) 1849-1854, 1853-10-12

seixure Of koszta ., Smyrna, committed by
procurement nf the Austrian functionaties-
rst Improper use of national ship, the imp
lnment OF kosza therein, was made by
nmander ofthe Austrian brig Huszar. 4
Up was Converted into prison for the lille
ii 4tenton Of person clothed with the uatnn
s atoft the United States, and consequently Ell
sk an - their protection Ii Austria upholds,
Is atnppears she does, the conduct Of the comm,
do ufthe HnszH, she is ia fact the frst a
%grHsor. This act If the commander of
H4x1r led t. the series Of other acts viii
Eo4titute the ground If comp amt a,ainst I
MED States. The alleged authority Of Al
uafundef treaties being set as:d,., no o
woud have Questioned Captain In rihan
riyhy ma he been present, TO arrest the pI
cefd&gs OF the kidntppers i'll the reefs
Stng pa, and Rescue Kosztl from their hand
lneyNwere acting without, and against, the ci
a att rliy OF The place; they were comntlir
an a.r9cious outrage upon person invest
with tie nationality of the United States If I
could Sve properly interiered in the first STA
OF this hwiess Transaction, he might do so in ii
Ia Hhe act was, in all It's ,ges, continu
Gus wrp e and the character of the acer
uaoagf Were WIS succession of persons, W;
inc SINE: They We're al wron I'd Gers; and if Tie
cnaacedJp nave tie posse. 81 IN OF a nation;
snip, and converted It into a pr's-n for the PM
pose OF consunml'ing this wroag, hat saiI
thus deseeratcd, was not entitled to the piivil
yes OF sanctuary. Those who had the rigl
TO claim, and the power to release. the p,isone
Illegally c9niincd therein, might treat il as
prison, and while it was degraded to such al
ignable purpose might rge, and be excuse'
for forget ing tkat il was national ship.
There isp consideration pr bibly not brou5 h
to the noicc Of Austria, aud not susicieuily re
rdo ~ ft,s, sffnr- Il fnf.. L. al.
lngrahani in a true light, and repels the infer
ence of inte4ded hostile demonstrations toward
Austria. HEwas the unders andng Of the par
ties that Kosxta should be retained at Smyrna
while the qadation of his nationality was pend
ing. Captain lnyralam recsived sal is ractory
evidence Of ailesign, on slg:aef oft The Auslrian
functionaries d Smyrna A skns aniinople, to
disregard this larranreIlsS( Dd remove him
clandeslinely Com the HISS An board Of
steamer, for ,ha purpose Of taking sifato Trieste
The informatiof was such as diasnot permit Cap
tain lngraham 10 doubt that the commander Of
the Huszar cencurred in this design and lat nded
to aid in carrying into effect, BY this evil
dence Of the want of good faith on the part of
the Austrian functionares, in which The captain
Of the Huszar WIS implicated, the captain of
the st. Louis WIS placed in the perplexin. al
tentative OF surrcndering the captive, without
further efforts, Ii the sad fate which awaited
him, or to demand his immediate release, and
in case of refusalsto enforce it. The govern
ment of the Uniiesl States exceedingly regrets
that he was reduced to this painful aitel native
but il cannot find. after full consideration of
all the circumstances, any good reasons for dis
approving the cour1e he pursued Ii is not lust
to Captain lDgrahaa to look at the aft ir as il
was at the precise pint oftiine when the de-
Inand for the release OF kosZta was made. The
antecedent events qeality and lcgaliz. that act
The Austrian missionaries had obtained the
posses sion Of the pe9on of Kosz'a, not in a fair
or allowable way, bus by violating the civil laws
of Turkey and the rights OF humanity. Under
these circumstances, taeir custody Of him was
entitled to no respect from the agent Of the gov
eminent which, by vi4ur Of his nationality, had |
right to protect him. Had all the circnms tan
ces been as they were xcrpt change Of place |
instead OF being take from the territory Of the
Ottoman Porte, had u been taken from that of |
the United States, c0uH question have been |
raised as to the proprev OF Captain lngraham's
conduct? II the conclusions heretofore arrived |
1t are correct, the Austrian agents had no more
right to take Koslta from the soil ofihe Turk
ish donlinions than fronlhe territory ofthe Uni
ted States, and Captain tngraham had the same
right TO demand and estorce his release as he
would have had If KosIh had been taken from
American soil, and moderated in national
vessel Of the Austrian Emperor In this cues
ton, confined as it is to me United States aud
Austria the place Of the Transaction is imma,eri
il, unless the Austrian municipal laws exlende
over it.
The undersigned yields aready assent to
that part Of Mr.. Hulselnanb's note rela,ive to
The war making power The doctrine con-
mined il II is sound and wal sus: aimed by most
approved authorities but he underse ned has
not been able to discoveriis applicability to The
case under consideration. The people Of the
u s in organising their government. have been
careful 10 impose more re1triciions upon thai
power than any Of the natidns Of Europa, and
d caunal be admitted that these nations have
had any accaxi n I, reprsvel this government, +
FOR its abuse II has as dpephn in.er and as
.nxious desire TO maintain International rela
lions cf friendship and peacehs any Of The Eu-
,opean powers, and will do Is much as any Of
them for pubic tranquility. The rules for is
,wn guidance, and for the conduct of It's
agents abroad, have that end specially in view.
On entering upnn the duties Of his Office, TIN.
President announced the policy which woula
,e observed by this government We have
,oitlins in onr history or sitian t, invite
vgressicn we hare every thing to beckon us
3 the cultivation nf relations Of peace and ami
y with all nationss Purpases therefore,
nee ins, aud pacific win be signiicanll, mar
,edsin the conduct of our foreign affairs -
There need be- no apprchensonstofa departure
ram his course
n nursuans Of this policy, tha public aoen,sI
r IRIS government abroad are undtr INSTRUCTIONS
resuvct the rights IL all naii,as; and anv
cviasi,n from thai course would b. promptly
and proper r. para,ion made fnr any .
a;nrv OF insult which they mi.shf offer 10
siendly power e
The APPLICATION made by Austria t&the prin- q
;nal movers Of Europe, 10 warn ndad,n.nsh
he u. s. in regard 10 the conduet OF their !
oe nts on the occasion be Tore mentoard. implies
hat this government has adopted and il acting
mon some principle hitherto onkn&wn to The
avof nations, and dangerous 10 pubic TRANQUIL. |.
~. The communications 20 the govtrnmrnt in
onpliance WITH this appeal, though respectfully
made and doubtless well intended, inipIy a dis
fus Of It's good faith and fair irtcn,iSns IL
The undersigned is confident that,l after due
consideration Of the views here taien of the
fair Of Smyrna, those powers which have been j
3 prompt to eensure will be equally brompt 10
orrect any preeipiiate Judgment they hay have
,,fned II regard to.it He INDUCES lie belief
hal afies full ADD fair Examination merely
e detached fact, but Of the whole series ofi
will be abundantIy satisfied that the
Cen,s 81 his government IN that irSnsacion
ave Respected International law, arb in ne
particular transgressed the restrictions Il i'm