New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-20
THE CASE OF MARTIN KOZsTA.

We find in The London Times of August 80. in lead
ing article the seizure of koszta at smyrna the
dopmatical assertion that the officers of the American
and Austrian Governments, each in lis own favor
strained the law of nations, aud that both were guilty
of breach of the peace Now The Times must have
made the assertion either through gross Ignorance OF
the principles Of international law or to deceive and
misead the ignorant and unreasonng portion of its
readers and TO make out a case for Austria or at
least to soften down and PALATE her piratca act by
attempting to make the American commander PaHIeeps
crirnRis in the affair But it is conceded that the
contributors to The Times are persons eminent for tai
ents scholarship and researchthat there is amount
of ability concentrated on that paper (however prost
tuted il NAV be- such as no other journal in Great
Britain can command infer that the assertion was
not made through ignorance, but that when it was
pcnned the writer knew it to be untrue and calumnous
toward the American officers concerned
The part which Consul Ottey and Capt. lngraham
took in the matter simply in sefdefense that Is
il was to repel an aggression our national rights
and honor and to protect the life and liberty OF man
who WAS at least quasi American citizen and entitled
10 protection We have yet been able to md that
any writer Oh international law has gone so far as 10
say that nation had right to protect itself from
violence aud repe the aggressor at all times and IN all
places Mr. Justice Blackstone in his Commentaries
speaking of the right of selfdefense. tells that
"when external violence is offered q man himself,
or those 10 whom he bears a connection, II Is
lawful for him 10 DO himself that immediate justice
TO which he is prompted by nature. 1t is considered
that the future process of law is by adequate
remedy for injuries accompanied with force siace II
impossible to say what lengths OF rapne or cruelty
ouraCes of this sort might be carried unlesc il were
permitted man Immediately TO oppose one violence
with another aud the breach of the peace IS charge
able upon him only who began the afray-sali-defence
therefore as it justly called the primary law Of ma
ture-so not neither can be in fact taken aeay
by the lar Of sOc'siy
Ii nav be said that Blackstone Commentaries relate
only TO special law and do not apply TO the general
law Of nations But our readers will please observe
that he states the principle in its broadcast application
and that what is true OF ndiy is equally true OF
nations who are but individual members of the great
community of states But this doctrine Is more con
elusivey laid down by vate who declares that "A ma
ton has right TO resist injurious aitempt-c use
force and even toantepse the Vaccinations OF itsop
poneut"-aud we apprehend that time and place do
not vary or modify the principle
But. independent of these authorities. We suppose
that at the present Day the common sense OF maAind
which after SILL seldom errs-is as safe guide a. 70
low nations and individuals should set under such cir
eumstances as the opinions Of any writer however
eminent. As an illustration of what we mean let u
suppose party Of Americans travelling through syria
70 jerusalem, any other point they are met by
band OF Arabs. the satans subjects who attack them
capture one of their party, and hold him for ransom
Now. in such one could be found 10 say tia,
instead of rePeling the Arabs and recapturng then
companion the American party should leave him Il
their hands retrace their steps TO CoastantinOple
snd enter into goation with the sultan for his
, lease and the punishment of the Arabs We csunO
perceive any distinction between The supposed cas-
and the case Of KosEta Ii the American Pary woEl