The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-13

sode occurred 70 aggravate the question. On the
morning of the I'd of July, the commander o
the American sloop-of-war "St. Louis" Mr.
Ingraham, sent a message to the commanding
officer of the "Huszar," to the effect that in
pursuance of instructions received from the
} Charge dAffaires of the United States at Con
stantinople, he had to call upon him to deliver
the aforesaid Koszta into his hands; adding
that if ne did not receive satisfactory answer
by o'clock in the afternoon, he should cause
the prisoner 10 be taken away by main force
As it was reasonable TO expect our command
cr, instead Of complying with this request, pre-
pared himself to repulse force by force; and
when, at the hour designated, the American
commander getting ready to carry out his
threat, ranged himself alongside Of our vessel
and brought his guns TO bear upon the lmpe
rial brig, and was about to carry matters to the
last extremity, our brave sailors, although much
inferior in numbers, were determined to oppose
vigorous resistance to the act of aggression
which was on the point of being consummated
in the neutral port of Smyrna, and on the part
of vessel of war belonging to Power with
which Austria was at peace Our Consul Gen.
eral only succeeded in preventing this bloody
catastrophe which would probably have ended
in the destruction of a considerable portion OF
tho town of SMYRNA, and of vessels of all ma
tions in the harbor by conserving that Koszta
should temporarily, and until the settlement OF
the difficulties of which he was the subject, be
confded to the custody of the Consul-General
of France, at Smyrna
The return of Mr.. Marsh to Constantinople,
few days after these events, brought on dis
cussiOn between himself and our lnternuncio,
of the question whether Martin koszta was to
be considered as an Austrian subject or as a
citizen Of the United States. Although still
| ignorant of this discussion, the Imperial Gov
eminent has come to the determination not to
delay any longer addressing itself to the Gov
eminent of the United States, through my IN
strumentality. There are two distinnt ques-
| tons involved in this discussion. One is the
main question relating to the dicpute about the
rights of Jurisdiction which has arisen between
| the Legations of Austria and Of the United
| States at Constantinople concerning koszta /;
the other question, at least MS fully important
is that which has reference to those formailties
in virtue of which the agents OF the United
States have deemed themselves authorized in
urging their pretensions.
With regard to the first of these two ques-
tons treated in the correspondence which has
taken place on the subject between the Inter
nuncio and the Charge d'Affaires I'D interim of
the United States in Turkey, the Imperial Gov
eminent adopts entirely the views of Baron de
| Bruck. In our opinion, Koszta has never ceased
to be an Austrian subject Everything COM
| bnes to make the Imperial Government persist
in this estimate of the matter. The laws of his
country are opposed to Koszta's breaking asun-
der, of his own accord, and without having OBJ
tanned permission to expatriate himself from
the authorities Of that country, the ties OF ma
tionality which bind him to it. Tho very dec
laraton of that refugee, on board the Huszar
in the presence of the American Consul and of
the commander of the st. Louis, shows that he
still considers himself subject of the Empe-
ror. In short even according to terms Of the
law of the Union, such declaration, supposed
to have been signed by Koszta, and from which
Mr. Brown has pretended to infer his naturali-
zation in the United States, is not sufficient to
produce that effect. The undersigned thinks
he may dispense entering into any further de-
tails in regard to this question, seeing that the
Department of State OF the United States con-
stantly refuses to grant passports to individuals
who find themselves in this category, and that
official publications have been made from time
to time to that effect.
AS there can be no doubt, therefore, concern
ing the question of nationality, the Consul. Gen.
eral or the Emperor at Smyrna was, without
doubt, perfectly justified when in virtue of those
treaties, which subject Austrian subjects in
Turkey to consular jurisdiction he seized the
person of Koszta within the pale of his juris-
diction.
Such being the case, the Imperial Govern
ment trusts that the Government of the United
States will hasten to instruct its Consul at
SMYRNA not to interpose any obstacle to the ex-
tradition of the aforesaid Koszta by the Con-
sui General of France to the Consul General
of Austria ut smyrna.
But, apart from this question of jurisdiction,
it is especially the mode adopted by the func-
tionaries of the United States in order to set
tie tho matter, which has given the Imperial
Government the most legitimate grounds of
complaint.
The act of violence which tho commander
of the sloop-ofwar st. Louis committed against
the Austrian brig Huszar-that real act Of
war, committed in full pea &c, in neutral port,
the fatal effects of which were only averted by
the prudence and moderation of our Consul
General at Smyrna-constitutes an outrage
upon the principles of the law Of nations; and
the Imperial Government has no doubt but
that this act, viewed in such light, will have
been condemned by the Government of the
United States, said Government being itself in
terested in preventing the repetition of similar
occurrences
The events of the I'd of July at Smyrna pre-
sent in two-fold point of view a serious de-
Walton from the rules of International law.
First. The commander of the United States
sloop-of-war St Louis threatened the brig of
his Imperial and Royal Apostolic Majesty, the
Huszar, with hostile attack, by bringing his
guns to bear upon the latter, and by announ-
eng in writing, that if certain individual
detained on board, whose nationality was
being discussed between the agents of the two
| Governments, was not delivered over to him at
a stated hour, he would 90 and take him by
main force.
There can be no doubt but that the threat
Of attacking, by main force, vessel of war
belonging to the military marine of n sovereign
State, whose Gag che carries, is nothing else
than threat of an act of war. Now, the RICH,
Of making war is necessarily, and from the very
nature of that right, inherent in the sovereign
power. "A right of SO momentous nature, }
says Vattel, Law Of Nations, vol. 2, book 2
chap. /, S4) 1.-THE right of judging whether
, the nation has real grounds of complaint
! whether she is authorized 10 employ force, ana
UNSUITABLE IN taking zap arms whether pru
I dence will admit OF such step, and whether
the welfare of the State requires it-that right
: | say, can belong only 10 the body Of the nation
or 10 the sovereign, her representatives 1t i,
doubtless one Of those rights rithom mhici
t there can be no saiutary government, and which
are therefore rights Of majesty"
r The founders of the Republic Of the Unitet
;. States fully recognised, from the beginning o
y the Union, the rights reserved to the sovereign
u power. The articles of perpetual confederac,
and union between the States of New Hamp
; shire, Massachusetts,, &c, &c, 1878, contain
already the following stipulation, TX, Sec II
The right Of declaring war and to maxi
a peace shall belong solely and exclusively to tn,
: Congress of the United States
Q The basis of the public law of the Unite,