The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-10-12

HENRY FORD, Prest.
]. r. NORRIS. Secretary,
J. B. NoLL. Assistant Sec'y.
Letter of Secretary Marcy to the
Chevalier Hulsemann on the
Koszta Matter.
The Secretary's letter, says the State
Democrat, fills over five columns in the
New York Times, and we therefore must
give an abstract.
Mr.. MARCY says that, although the Pres
ident regrets the occurrence at Smyrna in
June and July, he differs in his views very
much from those represented by MIR. HUI.
sEMANN, but hopes the Austrian Govern
ment will yet view the matters in a differ
ent light.
MARTIN KoszTA, by birth a Hungarian.
Of course an Austrian subject, took part in
the political revolution OF '48 and '49, and
at its disastrous termination fled to Tur-
key. koszTA. with other refugees con-
fined at Kutahia, was released on the eX.
press agreement of Austria that he should
leave Turkey and 60 into foreign parts
KoszrA selected the United States as his
| future home. In July, '52, he "declared
his intentions. Of becoming a citizen, re-
manned in this country one year, and re-
turned TO Turkey in an American vessel
as an American citizen, on temporary pri-
vate business, placed himself under the
protection Of the American Consul and re-
ceived a %s'letter Of safe conduct" usually
given by foreign Consuls in Turkey to
persons to whom they extend protection,
as by Turkish laws they have a right to
do. While waiting an opportunity to re-
turn to the United States. he was seized.
without color OF authority, and thrown in
to the sea, from which he was taken up by
a boats crew lying in wait for him, belong
ing to the Austrian brig-ot-wsr- Hussar,
forced on board of that vessel, and there
confined in irons. Capt. INGRAHAM de-
manded his release. and KoszTA was de-
livered to the French Consul General, to
be kept by him until the United States and
Austria should agree as to the means OF
disposing of him.
Austria demands that KoszrA be de-
livered up to that power; that we disavow
the conduct OF the American Agents; and
tender satisfaction for the outrage. The
first point to be considered is the nature OF
allegiance.
By some it is held to be an indistructi.
BILE political tie, and though resulting from
the accident Of birth, yet forever binding
the subject TO the Sovereign. The sound
er doctrine, however, is, that the citizen or
subject, having faithfully performed the past
and present duties resulting frorn his rela.
tons to the Sovereign power. may at any
time release himself from the obligations
of allegiance.
This right to withdraw rests on a firm
basis, and is similar in principle to the
right which legilimates resistance TO tyr.
amy. From this position the Secretary
asserts that no State can command from
any other, as a matter of right, the surren.
der Of a native born or naturalized citizen
or subject. an emigrant, or even a fugitive
from justice, unless the demand is author.
lied by express treaty stipulation; and re.
fers Mr.. llulsemann TO what took place in
40 and 80 in relation to the Polish refu'
gees in Turkey by Russia, and of Hanga'
rian refugees (whom Koszaa was one) by
Austria. The demand in that case was
made in concert by two powerful sover
eigns, but Turkey refused; the civilized
world commended her for it, and Sir STRAIT.
ford Canning, the British Ambassador a
Cons,antinople, and the French Minister
al the same court, sustained that position
and were endorsed by their respective
governments. The claim Of Austria tina
by treaty stipulation she had a right tc
seize Kosza, is denied by Mr.. Marcy as
having any force. No such treaty exists
as IS conclnsively proved from various
sources, and fAnstria had such eaty au'
thority, il would extend only TO Austrian
subjects, and OF course could not apply to
Koszta, he having been banished by Aus
tria, and at her instance expelled from
Turkey. Moreover, by an Austrian de.
cree OF '52, her subjects leaving without
permission become '.unlawful emigrants,'
and lose all civil and political rights
Koszta was such .'unlawiul emigrani.'
and having no claim to protection from
government, they could not hold him as @
subject. In view of all this, Mr.. Marcy is
brought to this important conclusion-tha1
those who acted on behalf OF Austria had
no right whatever TO seize and imprison
Martin Koszta.
The Secretary then goes on to show
that koszta had the National character Of
an American, and our government had
the right 10 extend its protection over him;
that although he was not invested with all
the civil rights OF an American citizen, YET
he was clothed with American Nationali.
iy, and in virtue thereof, our Government
was authorized TO extend 10 him its pro.
lection al home and abroad. Mr.. Hulse-
man, by assuming that a nation can prop
erly extend protection only to natiye.born
or naturalized citizens, falls into a great
error. such not being the doctrine Of in.
ternational law; but on the contrary, ma
tioncl character is given to residents who
have a domicil, even without an intention
of becoming citizens. This position is
sustained by reference to the highest au'
thority. Koszta icing abroad for tempo
rary purposes, had not in law changed his
domicil, and therefore willie at Smyrna his
national character should have peel re-
-