Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-10-01

1885, the will refer 10 the cotemporaneous
views Of eminent statesmen IN regard TO the conduct Of
the Sultan refusing to surrender, the demand OF
Austria aud Russia the Hungarian and Polish refugees
who claimed by these Powers as rebels and traitors
SIR Straord Canning the British Ambassador at Con-
stantinople entirely approved Of the Sutans
that occasion indeed he advised it. In letter to his
Government dated the Sd of September l649 he says
" On grounds Of humanity not unmixed with consdera
tons affecting the Portes character and future policy
have not hestated to advise decided resistance the
demand of exraditoD From another letter of this Am
bassador, dated the 18th of December commenting and
commencing the courageous rmness of the Sultan in re-
fusing the demand of these powerful Emperors for the
surrender of these fugyes the pretence
set up by one of them TO justify the seizure of Kosza
this extract is taken:
"Aow to add, my lord, that in proportion admire
the courageous frmness with which the Sultan his
ernment have determined to make this stand in the OF
humanity and OF the rights of honor and dignity against
demand alike Objectionable in substance and in FORM feel
deepening anxiety for the result of their resistance and for
the degree Of support which Majesys
that Of France may find themselves liberty Afford
only in the first instance but in st circumstances
should the present partial rupture unfortunately
serious and menacng character"
In these views the French Minister resident at Con-
santinople fully concurred and did the British and
French Governments and both prepared epouse
the OF Turkey if her humane and honorable
in refusing these unwarrantabe demands had provoked
the resentment and brought down upon her the hosttes
of these mighty poentaes. The opinions of other dis
nguished men approving Of the decision Of the Emperor
of Turkey in refusing to surrender the Polish and Hun
garan refugees both the ground of humanity and right
have fallen under the notice of the undersigned but he
has forborne to quote them account of the unworthy
motive ascribed therein to the Powers making the de-
mand and the harsh ephets by which their conduct is
characterized.
tits incident of great significance, and bearing
thoritativey upon Of the important questions
now raised that the of Koszta flor he of the
hungarian refugees then demanded) fully discussed
IN 1912 not only by the parties but throughout Europe
ana decided against the right of Austria to require his
extradon either under the law of nations by exist
ing treaty spulatons This decision deeply interested
not only rulers and statesmen but the great body of the
people of every country They investigated its merits
admitted its justice, and commended the rmness and HUI
mainly of the Sultan for his course.
is to be regretted that this claim for the surrender
OF hoszta and his companions, fully considered then
and sgnally overrued should be again revived by
Austria under circumstances which make the United
States reluctant party in the controversy The claim
has been repudated by the general judgment of Europe
and this Government is unable discover any sufficient
reason for dissenting from that decision
Austria appears to have been that her right to
seize Koszta could not be sustained by law
and she has attempted to derive it from certain treaties
or "ancient capitulatons by treaty and usage" The
very slight and nexpcit in which this authority
is adyerted to in Mr. Hulsemanns note apparently ind
Gates if not want Of confidence in it. least desire
not to have it scrutinizcd If there really such
authority and it of such extraordinary character
as it is assumed to be, it would have constituted as
Austria must have clearly seen the main strength of her
case and she would have referred it in such
manner to leave the very existence open doubt
or question The paragraph referring to it is the fol-
lowing:
As there can be no doubt therefore concerning the
ton of nationality, the Consul General of the Emperor
Smyrna without doubt perfectly justified when
Of those treaties which subject Austrian subjects in Turkey
to consular jurisdiction he seized the
| in the pale of his jurisdiction"
If there be such treaties comforting such power with
such extraordinary of enforcing it, strange indeed
u is that prominence given to the fact in Mr.
llusemanns communication Why the dates Of these
treaties withheld? What is still important why is
not the language conveying this authority quoted The
Undersigned is constrained, for he viii briefly
assign to question the accuracy Of the Interpretation
which derives the right claimed in the above paragraph
from any existing treaty between Austria and the Otto
man Porte.
The Austrian Internunco at Constantinople in con-
ference with Mr. Marsh the American Minister Resident
spoke of such right derived from 'ancient captua-
tons by treaty and usage" 1t is not shown alleged
that new treaty stpulaons since 1S49 have been
ed into by Turkey and Austria The ancient captua-
tons were relied to support the demand in that year
Tor the surrender of the Hungarian refugees they
scrutinized and such authority is claimed
found in them. The French and English Ministers at
Constannople who advised and sustained the Sultan in
resisting the demand of Austria for their extraditon
would not have given such advice if they could
found in existing treaties authority for that demand
or any obligation the part of the Sultan TO yield 10 it.
Lord Pamerston then her Britannia Maestys PRINCIPAL
Secretary Of State for Foreign Affairs carefully examined
these treaties and expressed Es conclusions thereon
letter to Sir Sratford Canning, dated 9th of Septem-
Der, 1919 In this letter. which contained an extract
from one OF these treatesthat Of Begrade-and refer
red to the claims of Austria founded on them for the sur
render of these refugees, he says The utmost that
could be demanded would be that they 1.-THE refueees
should not be allowed 10 reside permanently in the Turkish
empire
Coming down to later periodic the very transaction
at reasons found for denying that
Turkey was then under any treaty obligation to deliver
Koszta to Austria that her Consul General had autho
rty to seize him. On this ubcct allowable to resort
TO the declarations of the public the Porte as evil
dence in regard issue of this kind Their explicit
denial may be fairly considered equivalent Austras
affirmation without proof where proof if it existed could
| be so easily adduced.
In despatch to this Government Of the 4h Of August
1883 Mr.. Marsh, the American Minister Resident at
/ Constantinople, says:
have had several this subject with the
Minister of Foreign Affairs and with Aa Pacha Governor Of
Smyrna, at the time the affair took place. These distinguish
ed persons far from expressing dissatisfaction
with the pursued by They sustain the view the
legation has taken of the legal character Of the question and
Aa Paeha informs me that few years since the Austrian
Government refused surrender the Porte Turkish rebels
who lad fed into Austria the very ground taken by
the Porenamely that the treaties did not provide for the
extradition Of political offenders"
Mr.. Brown the Charge dAaires ad interim Of the Unit
ed States at Consantnope writes that in an interview
with Chehi Efbnd, also Turkish officer Of high rank
and great experience in which the affair at Bmyrna was
discussed he observed that the Austrian Government
does not possess the power by treaty arrest any on
Ottoman soil for political Offences" There is now how
ever, something decisive from Turkey than the
opinion of her public in opposition to this treaty
claim of Austria The Government Of the Porte has pro-
nounced judgment in relation the seizure Koszta
which Austria herself Is bound respect II has pro-
tested against the conduct of the Austrian agents in that
affair as unlawful and violation Of its sovereignty but
not one word OF complaint, of dissatisfac
ton from Turkey against the conduct of the functiona
res oil the United States at Smyrna has yet reached this
Government This is certainly anomalous Aus
ta arrngns the United States for violating the rights Of