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

~~-SSi"outiJ
reason 70 expect it would be exerted in their defence
Ineir fraudulent intent would defeat all they could hope
70 gain by residence in this country and by nsncerey
processing 70 make it their home The intention enter
tanned IN good faith to make 1t such home would %
wanting and without such intention neither domici
nor nationality be acquired. This consideration
should dspe all suspicious that this doctrine as to ma
uonay and protection will not be as safely USED ana ~
well guarded from abuse by the United States 1t has
beein times past may be in the future by any otheI
sovereign p0cr There is nothing in the doctrine here
In maintained in the history OF this Government 70
awaken the slightest apprehension that 1t is in any way
inclined to extend the shield Gifts protection over adven
turers sedous propagandsts who may go from this
to other countries to engage in enterprises designed to
interfere with their political institutions disturb their
internal quiet The liberal policy of the United States in
regard to receiving immigrants from all nations and ex
tending them the advantages of their free institutions
makes IL act Of justice their part to maintain the
right Of national protection to the full extent authorized
by the law Of nations and to resist with rnness any at
temptto impose new restrictions upon it.
There is another view of this which places the
duct OF the agents OF this Government Smyrna upon
equally defensible grounds The American Consul there
and the American Legation at Constantnope acted with
great caution in relation to Kosztas claim be regarded
Us entitled to the protection of this Government As his
naturalization had not been perfected they hesitated at
first to receive him under their protection but the facts
show that they ultimately yielded to his application. He
received from each tezkereh-in effect certificate
that the person to whom is given is cared for and
ceved under the protection of the Government whose
agent has granted it.
BY the laws Of Turkey and other Eastern nations the
consulates therein may receive under their protection
strangers and soourners whose religion and social
ners do not assmilate with the religion and
those countries. The persons thus received become
thereby invested with the nationality of the protecting
consulate These consuates and other European esab
lshments in the East in the constant habit Of open
ing their doors for the reception Of such inmates
received irrespective of the country Of their birth ae
glance. 1t is not uncommon for them to have large
number OF such protege International law recognises
and fhar kxth
In the law of nations Europe the is that men
take their national character from the general character of the
country in which they reside and this rule applies equally
America Bat Asia Africa mmiscble character
factory take their national character from the establishment
under which they live and trade This rule applies those
parts Of the world from obvious of policy because TO-
regners admitted thore in Europe and the
ern part Of the world into the general body and of the
society Of the nation but they continue strangers and sour
ner not acquiring national character under the general
sovereignty Of the country"-(1. Kents Com, 1872
The Lords Of Appeals in the High Court of Admiralty
In England decided in 1874 that merchant carrying
trade at Smyrna under the protection of aDutch consul
was to be considered Duchman his national cha
racter Wheaton's Inter. Law, 1884, Rob. Adm. Re-
ports, II This decision has been examined and ap-
proved by the eminent urists who have since written
treatises on international law.
According to the principle established in this case
Koszta invested with the nationality of the United
States il he had not BEFORE the moment he under
the protection of the American Consul at Smyrna and
the American legation at Constantinope. That he was
so received established by the ekeeh they gave him
and the efforts they made for his release The Charge
dAfaires ad interim of the United States at CONSTANT
nople, letter of the Goth Of June, addressed the
declaration of allegiance to the consulate of the United
States OF America at Smyrna and to this legation that
the said Kosza furnished with tezkereh to
Consantnople and to return to Smyrna whence he
to start for New York Since his arrival in Turkey he
has resided under the protection Of my Government and
is pleasure to me to be able to state that his conduct
has always been irreproachabe.p
Having been received under the protection Of these
American establishments, he had thereby acquired
cordng to the law of nations their nationality and when
wronged and outraged he was, they might nterpose
for his liberation, and Capt Ingraham had right to
operate with them for the accomplishment of that OBJ
ject. The exceptions taken to the of that
operation remain to be considered
In relation TO the department of the American agents
towards Mr. Weckbecker, the Austrian Consul General
the undersigned cannot conceive that there be any
ground of complaint Nothing done to with him by
Mr.. Ofhey our Consul at Smyrna, can possibly imply
dsrespect to the Emperor Of Austria Neither in his
private character funconary Of the Austrian
Government did Mr.. Weckbecker take open
ayowed part in the opening Of the outrage His
agency in that affair at its commencement clandes
tine. This conrse implied consciousness his part
that the act indefensble The fact that he sought
the MD of the civil authority of Turkey to get Koszta
into his possession proves that he knew the mode he
sorted to for that purpose Illegal. The application
of Mr. 0ey to him to assist in and consent to Kosztas
release was certainly offence, and implied no dsre
epect either to him or his Government.
The appeal of Mr. Brown to Capt Ingraham to inter-
pose for the liberation of Koszta and his advice to effect
1T in the way it done must be regarded not only
proper but praiseworthy acts provided Capt ngrahams
conduct be indicated. The justification of Capt
Ingraham will consequently exonerate Mr. Brown from
all censure. If Capt ngrabams course right, Mr.
Browns cannot be wrong. The commander of the st.
Louis placed in truly embarrassing position Charg
ed with the protection of the persons and property Of
those who had right to the protection Of his Govern
ment it at the time less his imperative duty
to respect the authorities of all countries in friendly
lations with his After anxously considering the
presented to him at Smyrna he determined that he
ought to effect the release of Koszta and unavoidable
resort to force to accomplish it.
IL has excited some surprise here that, after consid
GRAFTON of the circumstances impression should be
tertaned in any quarter that Captain Ingaham either
committed meditatcd hostility towards Austria that
keep in view the conclusions established, the under
signed believes in the preceding remarks for he with
out doubt, acted upon precisely the same conclusions.
He believed that Koszta had been seized without author
ty that he illegally imprisoned and that he ought at
once to be set at liberty.
The first aggressive in this case was the seizure Of
KosIta at Smyrna, committed by the procurement Of the
Austrian dictionaries the first improper use of nation
al ship the Imprisonment of Koszta therein made
by the commander Of the Austrian brig Huszar That
ship converted into prison for the illegal detention
Of person clothed with the nationality of the United
States and consequently entitled to their protection If
Austria uphold IL appears she does the conduct Of
the commander of the Huszar she is in fact the first az
gressor This act Of the commander Of the Huszar led
the series Of other acts which constitute the ground Of
complaint against the United States. The alleged au-
thory Of Austria under treaties being set aside
would have questioned Capt Ingrahams right, had he
been present to arrest the proceedings of the kdnappers
in the streets of Smyrna, and Kosza from their
hands They acting without and against the civil
authority of the place; they committing afro
cious outrage upon person invested with the naona-
y Of the United States If he could have properly in