The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-30

4
die a Hungarian" Mr. Brown, the charge dAfaiIes
81 Interim OF The United States at Consiannople who
@S g ' son 4. sa
something ike the foregoing declarations but Captain
lugraham. vho was present, as Mr. Halsemann states
when koszta examined, and made the declaration
imputed TO him. says in writing the Minister Resident
of The United States al aslonlshed 10 see BY Mr.
Browns letter that Kosza declared himself Oh our 6rs
| Inter view Hungarian. | did not hear him So Ii
NAV we'll be doubted whether koszta used any
lang uage. Should IT, however, be admitted that he did
make that similar declaration cannot Dc fairly un-
dersood to imply acknowledgment that he was then
| a subject of the Emperor OF Austria. 10 apprskend
rightly what he meant by such declaration. proper
consider has situation, his known sentiments. and his
antecedenis In his mind two things could probably
be more distinct from each other man Austria and
Hungary. One was an object OF his aveIsion-hs
other an object of his love. His affections clustered
around the land Of his birth. and the more in
tense because he thought that country had been cruelty
wfongej and he knew IL was unfortunate 10 his
visions oil The future he saw happier destiny Tor
Hungary He her standing proudly among the
independent nations of The earth, under clement gov
eminent emanang from tue Will OF the people, and
defeating its constitutional authority to their general
welfare. In the fallen condition OF Hungary he thought
it base 10 disown her, and glorious to CLAIM her Tor
the land of his birth. His situation when this decla
ration is supposed to have been made is aso 10 be
garded in interpreting his words He was IN the hands
Of Austrian agents, loaded with letters, and warned OF
his doom by the knowledge OF the sad late OF
many of his unfortunate companions In this iorlora
condition he could not have intended, by the language
ascbed 10 him. to acknowledge any anbroken lie winch
4
/ The undersigned is brought by lar application Of
sound principles of law, and by careful consideration
of the facts, to This important conclasionha those who
acted behalf of Austria had right whatever to seize
| and imprison Martin koszta.
II will be conceded that the civil authority Of Turkey
during the whole period OF The occurrences at Smyrna
was dormant and in no way called into action. Under
these circumstances--Austria without any authority
Turkey exercising noneand the American iunctonares,
Austria asserts having right in heha OF their gov
eminent Interfere in the affair, Ia proposition which
will be hereafter contested then. was the con-
don OF the parties at the commencement OF the outrage
and through IT'S whole progress They were all in this
view OF the without the immediate presence and
controlling direction Of civil or international law 10 re-
gard the irealment OF Koszia The Greek hirenks,
Ko.zla their victim, and The Austrian and American
agents were, upon Tins snppostion. all IN the same con-
dhon at Smyrna IN respect 10 rights and duties, 10
lar regards that Transaction they would have been
in ii had occurred in their presence in unappro
priated region lying far beyond the confines Of any
eregn STATE whaever they the liege subjects Of the
law oil nature moral agents, bound each and all alike TO
observe the peceps OF that law and especially that which
confirmed by divine sanction, and enl0ins upon all men
everywhere, when acting under legal restraints. to
do others whatsoever they would that others should
do unto them; they bound 10 do no wrong, and TO
the extent OF their means to prevent wrong from being
done TO protect the weak from being oppressed by the
strong and relieve the distressed In the Supposed
Koszta was seized without any reAtul authority. He
was suffering g!evous wrong-,any one that could might
relieve him. 10 do duty imposed under the Pc
cuar circumstances OF the BY the laws OF humanity
Captain lngraham 10 doing what ne did for the release Of
Kosz,a would in this view OF the case, be fully justified
upon this principle Who, in such case, can fairly take
offence Who have RICH, to complaint Not the wrong
doors surely, for they can appeal 10 no law TO justify
| their conduct. They derive support from civil
authority, for there called into action;
from The law of nature for tina. they have violated
i To place the justification Of the American agents still
further beyond controversy, the undersigned will now
proceed 10 show that kosza, when he seized and
imprisoned at Smyrna had the rational character OF an
American, and the Of the United States had
the rghtto extend its protection over him.
The commences of The certificate which be produced
when be claimed protection as an American citizen has
been questioned in consequence Of the imperfect copy
given by Mr. Brown 10 the Austrian nternunci0; but
that which he produced TO the American Consul at Snyr
and TO Captain lngraham, to the commander OF the
Austrian brig Huszar, and 10 the Austrian Consul Gener
al was genuine. correct copy OF has been sent TO
this department. and verified BY comparison with the
record of the court New York in which Koszta made
his declaration in due form OF law, To remove all doubt
this subject certified copy of that record annexed
| 10 this communication.
it is commended that this initatory step in the pro-
cess of naturalization invested him with all the civil
rights OF American citizen bu, it is sufficient for all
the purposes of this TO show that he was clothed
with American nationality and in vrtse thereof. the
government of the United States authorized 10
lend to him its protection, at home and abroad. MIR
Hulsemann, the Undersigned believes, falls into
grea, euoran error fatal 10 some OF his most important
concusons-by assuming That nalion can properly ex.
tend It's protection only TO native born naturazed c
This Is not the doctrine OF international law
is the practice Of nations circumscbed within such
row limits This law does not, as has been before re-
marked, compcae questions Of this nature by respect
Tor municipal codes In relation TO this subject il has
4
character OF the country only to and nat,
urazed citizens, but to all residents in il who are there
WITH without, intention TO become citizens,
provided they have donicil therein. Foreigners may,
and often do, acquire domicil in country, even
though they have entered with The avowed intention
not TO become naiuralzed citizens. but 10 return 10 their
native land at remote and uncertain period and
| whenever they acquire domicil, international law a
impresses upon them the national character Of the
country OF that domic,l IL is maxim OF international
law that domic confers national character does not
allow any who has donlc 10 decline the national
character thus conferred; il forces il upon him often
very much agains, his will. and TO his great derment
International law looks only 10 the national character in
determining what country has the right TO project II
person goes from this country abroad with the national
y OF the United States this law enoins upon other ma
tons TO respect him, regard to protection, an Amet.
caH citizen II comedies TO every coxnfy the right 70
project any and all who may be clothed with IL national
y. These important principles IN their hearings up
on the questions pre- scented in Mr. Husemanns note, and
obvious to be contested; bat they opposed
to of the positions taken by Austria, tbs under.
signed deems il respectful in such sustain them
by reference to authorities.
The position is clear one that II person goes into
foreign country and engages IN trade there, he n o
the law OF nations, to be considered merchant Of thai
country, and subject for all civil purposes, whether
that country be hostile or neutral Kent Con 7oD
Again the authority says that +" IN the law Of
naons Europe the rule ~, that men take Their na-
ona character from the general character Of the country
! in which they reside" Qbd., 7s)
II Koszia ever had a domic in the United States, be
was in virtue thereof invested with the nationality oil
this county. and in this character continued long
is difficult settle The question Of domcil; but that Of
kn. ts uufon n hem