The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30
PRICE TWO CENTS. :


justice Oh t,sir psr to ntsn the rishS of natonM
protection to he 'ul extent su'bor I'D by Che Ia
DstioDs ard 70 re list ~i'h 6rmuess any attempt 70
| lmptee new s'rict0ns upon ii.
| There Is another view OF this which pl yces
/ the G, Dduct of the age9ts Of this government at
| Shy ma upon equally oefensible grauuds TIE AuS-
Iicas consul there and the Amt rican lesaai IN ~
| Constantnoile acted with great caution la relation
| 10 ko.zias claim "a be regarded as etttsd 10 10
prot ct,on Of ibis government Az bis ntturAizS
ti' had not been perfected, they he tated at frst
| to receive him under their prOtsot,oo but tue fsoD
show tbnt they utiue'eJ yieoen co bus spplcs iOn.
| He recs wed FROM each 1feknet-in effect . csrtt-
ae-tbai thu pers"n to whom, it IL given Is o.reA
for, and receiyeo u0der the protection OF the yUv-
i erhnept whose agen has g-anted it.
| By the laws Of fsYkey add other eastern nssious,
the cOpsu.lcs therein may receive under their pro
tecfi0c strangers s0journers whose lg - and
social nam FRS do not a.sim late ~ith ths roll rsA
| and mabnrrs uf those countries The persons thus
received become thereby invested with the nsdsasl-
ity vi the protecting consulate. These con sulates,
! aid other European establishments in the BsS -
In 'he constant babt OF opening their doors fr sne
| reception If such inmates who are recttved Ire
spsctive Of the s"untry of their birth or sileese.
! Ii Is not uDcOnmOn for them to have large number
/ OF su, zn0eges International law recognises aAd
! ssI ctons the rights acquired by this connectoa.
In he la of Ani ns 20 kuio.+ the ruse esse -
tshe atCn. character from ths esneest 00Sfeo oe
81 he ccup'-y ia ~h ch the, rssoe Aod this rue aeeae
| equ.ba TO A0s,ica But Ia Aea asd Africa "a tn0U-
the tre.con fsctry take ,hs,r natoo.l ohsesssse
from me bss Deo' under which sSes se srA sfs
4
| rsa d sorct b.csus- fcressses not semtstae
tere a. in Bu,ope and rte part ot tho sseA"
mic the D"c, aI Of the aoety ef tbs
t,on bus hey coplisus atevrs and jourrses ,st
seqoDs ans nsora' CHAR ,eer ueasr the .e'sf ssvs-
| ris,'yof BE- tonp Il Kerrs Caw.. 1877
! The Lords OF Appeals in the High Court Of Ad
miralty III England decided, iu 1854 that nercnsat
carrying on trace at Smyrna, under the protecson k
! Dutch consul was to be con idefed Dutcnmaa
as 10 bls national character. (Wheaton's Intar.
Law 3s4, Rob A0m Reports, l23
/ This decision bias been examined and approved
by the eminent jari,ts who have since written Tear
tires on ibternhtp Ilal law.
According to the principle established IN this ssss,
Ko.2ta invested with the nationality Of the Uai
ted States 1t he had not before the moment he vas
| un0er the protectl,.n OF the American Consul s&
Smy yrpa ana he Ane rican legation at Coustsntino-
| ple That he WAS 80 received is established by tho
| Ieekeqth they gave him, aud the efforts they msde
tor his release. The Char. d. affaires ad uterWs os
the United States a. Constaotnople in letter 0f tho
25ih uf june addressed to the Imperial nternn0ci,,
states -: IL was on presenting this declaration q
allegiance {" TIE consulate of the United States Il
America at Smyrna and TO this legation, tAAe eno
said Ke eta was furnished with a Itskereh 90 c0me
| to C'nstantnople ana 10 return to Smyrna, whenCa
he to start for New York. Since his arrival u
Turkey he has resided under the protection Of ny
government, and il j. pleasure TO to be able -
state that he conduct has always been irreprosch-
| able"
Having been received under the profession Of Those
! America establishments, be had theIeOy acquired
according t. the law of nations their nationality,
and wheI wronged and outraged as he w%s. they
might II terpose Tor his liberation and Capt lngrAr
| ham had right To cooperate with tie for the
compl,shuent Of that object. The exceptions taken
to the napner Of that operation remain to be con-
| siCeitd.
In relation to the department Of the Americas
agei IL towards Mr.. Weckbec Ker, the AusrlaO Con
| su General the undersigned cannot conceive tlaa
theIe can be any ground of complaint. Nothing
done to or with him by Mr. oaey, our Consul 4
Smyrna can possibly imply dis.espect to the Empe-
rr of Austria Neither IN his private character, nee
| as fnnctionary of toe Austrian government, dA
l Mr. Wecabecter take on open av0wed iart IN
| the OF 81 Ing scene Of the outrage. HIS agency IN
that affair st It's coTnuen <msnt was clun0estinoA
Tbis course implied consciousness on bus part thak
the act was inde snsirle The fact that he sought
the aud of the civil authority of TurSey to get Kosa
into his poss ssion proves that he knew the mode ho
lesorted 70 for that ,nrpose was illegal Phc sppii
canon of MIR 0fey TO him to assist in. ana consent
TO, koszt3s reease "as certainly ofseb0e, aud tmr
| Piled 6slespect eitber To him or his government
| The a.peal If Mr Brown to Csptaio Inyraha \
to int rpose for the liberation of koszta aud his
| ADVICE 10 effect it in the way it was DONE musk
be regarded, not only as proper but praise worthy
acts prviced Captain lngr ,ham's c,nduct san b
vin6cated. The justification Of Captain IngrxhAQ
will consequently exonera'e Mr. Brown from a
cepstre, IT Ciptsin Ingrsham's course was right,
Mt Browns cannot be wrong. The omnsndee
OF the 81 Louis was placed III truly emoarrasa-
ing position. Chergsd with the protection Of the
persons and property of those who had right to the
protection Of his government, it was, at TIE sams
time, no less hs imperative duty to respect the su-
thcrtes Of all countries in friendly relations with hs
own. Aft.r aDx,onsy considering the ca-e presented
to him OF smyrna he determined that he ought -
effect 'be release OF koezta and, unavoidable 70
| SOFT 10 force to accomplish 1t
1t has excited surprise here that, after Coz
sidernton OF TIE circumstances an impression should
be ent Ttained In any quarter that Capt. Ingrahan
either committed or meditated hostility tDgarda
Austria on that occasion In passing upon his co.,
Duct it is necessary to keep in view the c0ncasoas
established, as the undersigned bseves in the pro
ce0ng remarks; for he. wi hout doubt, acted upoa
/
kosZta had been seized without authority that he wHs
illegally imprisoned, and that he ought Ut once to -
| set ~ lihe,ty.
The first aggre ssye act in this case was the seizure
of koezta at Smyrna, committed by the procurement
of tae Austrian fuDctionaries-the first improper use
OF national ship, the imprisonment OF Ko8ts
therein, was made by the commander of the Auo
tran brig Hussnr That ship was converted int
| prison for the illegal detention Of q persea
clothed with the nationality Of the United States,
and consequently entitled to their protection. u
Austria upholds, a. 1t appears she does, the cOndde
OF the commander Of the Hussar she Is in fact the
frat aggressor. Tnis act of the commander Of tho
Husssr led to the series of other acts which o0nst
tute the ground of complaint against the United
States The alleged authority Of Austria under tros-
ties being set aside, no one would have questioned
Captain Ingraham's right, had he been present, 70
arrest the proceedings Of the kidnappers in the
streets Of Smyrna, and rescue Knsata nom their
hands. They were acting without, and against. the
civil authority Of the place; they were committing
on strcions outrage upon person invested with
the nationality Of the United States II be could havo
properly interfered in the first stage Of this 10 wieas
nah.sction, he might do 20 in the last The act wSA
in all it, stages continuous wrong and the cbaractg
Of the actors, though there WAS succession VI per-
s,ns, was the same; they were oil wrong doeyS:
and If they Glanced to have the possessl5n of {
national ship, and converted it into prison for ia
purpcse of concentrating this wrong, that ship thus
destcrated was not entitled to the privileges Of .
sanctuary. Those who had the right to claia, snl
the power to release the prisoner Illegally oonaasA
herein might treat II a. prison, and while u was
dtqrnded TO such an ignoble purpose might forgot,
and be excused for forgetting, that It wss national
/ ship.
There is o consideration, probably not brought T.
the notice of Austria. and not sufficiently regarded
by Others which places the acts of Captain In graham
in true light and repels the inference Of intended
hostile demonstrations towards Austria. 1t wAs the
understanding Of the parties that Ko@te should -