Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-11-05

to us! 1t was decided in 1s49-50 that though under
the treaty stpulaons then existing Austria had not the
right to demand the exraditon Of the Hungarian refu-
gees she had the right to demand that they should not
be allowed to reside permanently in Turkey Turkey
cognsed this as the right of Austria under those treaty
stpuations and accordingly banished them from her ter
rtory. They sent by her into perpetual exile
forbidden ever to set foot again upon her shores If after
such an admonon, any of them returned to Turkey
he returned at his peril Sending them away upon this
understanding with Ausriathat their exile ordered
as hv rgA under existing reatiesTurkey, in case of
herreurn, became reduced this alternative either
acknowledge that she had broken the treaty accordance
with which the Hungarian refugees exiled say
that they had come there against her wishes, contrary
to her express commands and consequently not
der her protection If Turkey had violated the acknow
edgcd conditions Of the treaty it would have been
bsi and Austria would by the law of nations have had
the right to enforce Its provisions in violation Of
Turkeys right Of sovereignty. IT, the other hand,
they in Turkey contrary to her commands and not
under her protection, Austria would vioats Turkeys
right of sovereignty in seizing them This the
Of Koszta. If Turkey afforded him protection, she vo-
lated her compact with AUSTRIA if she did not consider
him under her protection, Austria violated of her
rights in seiznghim. AS between her and Turkey then
Austria had theFght seize and mprison Martin Kosz
right? BY her hws Martin Koszta was subject Of Aus
tra by the lars of the United States he was not cit
zen. By her l,ws he criminal who had fed from
his country E the laws of the United States he
alien who had merely taken the oath of Intentions By
her laws he oed the Emperor allegiance which could
only be dissoed by mutual consents by the laws of the
United States he owed that country nothing except the
duty of aen obedience while within her territory
He had yedn the Austrian domnions and been subject
to her laws whole lifetime. He had lived in the United
States year and three-quarers The Austrian officers,
in sezng hn were, by their laws arresting Austrian
subject who had committed treason against and unlaw-
fully emigrsted from his country. The United States
officers in defending him. defending whom they
knew to be not an American citizen; who not enti-
tied to paprs which would him the protection and
assistance of consus abroad whom they knew TO
have been ind still to be subject of Austria BY the laws
under which he born and bred and this they were
doing without the authority of laws upon which to base
their conduct without instructions from their Govern
mcnt; without any preext but their own individual sym
pathy with the prisoner. Yielding to their private
feelings they dared to violate the hospitality Of neutral
territory by threatened combat to the seeds Of
war with country at peace with their Government and
have for such inexcusable conduct found hacker in
the high seats of the nation willing rack his ngenu
y and torture his brain to furnish plausible for
their folly presume penetrate the motive but
the plaudits Of the multitude have rung loud and high
the prostitution of intellect and voice to
whisper in their midst, Verify say unto you, they
have their reward"
We come now to the second position Of Mr.. Secretary
Marcys iets aud that is before stated that the
American Government had the right protect Martin
Koszta." And this he attempts to show
lst BY the laws Of humanity and Of nature.
On Tho nf hi ms natl Nv and
Sd. On the score of Turkish usages.
The writer proposes TO consider the first and third
these propositions in immediate succession reservng tho
second and most important till the last.
Mr.. Marcy commences by supposing the state Of the
parties at that time to have been the if they
in desert beyond the sovereignty of any ndvidu-
al State lie arrives at this hypothesis by asserting that
Austria had authority, Turkey exercised none and
therefore their condition the as If they
beyond the boundaries Of any sovereignty Then he says
if this were the case America perfectly justified by
the laws Of and of humanity in interfering between
Austria the robber and Koszta her victim that Koszta
was suffering greyous wrong, aud in the then situation
Of affairs any that could might relieve him, and would
be perfectly justified in so doing
Now, we would appeal to any unbiased man if that is
not begging the question throughout Can any sensible
man say that because Turkey did choose exercise
Gals that therefore her right of sovereignty gone,
and the position Of the parties the if they
were in DESERT that Turkey had rights which could
be violated no authority which could be defed by the
commission Of acts Of upon her soil Can il be
serted that because Turkish authorities do not fit to
prevent upon application, the forcble arrest and mpri
sonment Of Hungarian refugee, that therefore it is the
right and the duty Of the weasel Of any other nation
take the authority into its hands, and consider the
Government upon whose territory the act takes place
altogether null and void Can there be greater insult
to any Government than to say that its domnions
beyond the pale Of the law Of nations that its territories
are to be considered barren waste wanting the mme
date presence or controlling direction Of any recognised
authority and that it is the right and duty Of every other
nation by the laws Of humanity and Of nature to protect
the weak and punish the aggressor while within its ter
rtories at whatever cost Of violence and blood Can
such doctrine be advocated; such opinion be
tolerated for moment in n country which recognises
Turkey as q sovereign nation upon equality with her
self as eynced by the presence Of Minister at her Court
and the negotiation Of treaties between the respective
lands! The proposition is utter absurdy. Had such
an act been perperated upon soil and such defence
been assigned for it. there would have been bounds to
the Indignation ef the american people, no limitation to
the redress sought and demanded by them. Wounded
pride, outraged justice violated authority, all would
have combined to draw forth such demonstration Of
wrath had been surpassed in the history Of the
world
But suppose it were Mr.. Marcy says; suppose
Smyrna at the time TO have been barren, unrequented
waste would Austria then have been in the position Of
a robber, Koszta in that Of victim? The writer has
already argued this point pretty fully but il may be well