Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1853-10-08
THE KOSZTA AFFAIR.
SECRETARY MARcY's LETTER TO
Mr.. RULsEMANN.

Secretary Marcy's letter.
After cyincing "a desire to conduct the
controversy in friendly manner" he pro-
ceeds with u full statement of the facts,
claiming that Kosz;a vas an American
citizen and unlawfully seized by Austriqns.
lie thcu eontinucs-"llis Imperial Majes.
~ demands that the Government Of the
United States shall direct Koszta to be
delivered to him.-that it shall disavOW
the conduct Of the American agents in
this aiFair-call them to Il severe account,
and tender satisfaction proportionate to the
outrage. Iu order to arrive at just con
illusions, It is necessary to ascertain and
clearly define koa2tG'S political relation
with Austria and with the United States,
when he was seized at Smyrna.
This is the first point which naturally
presents itself for consideration, md per-
haps the most important one in its bearings
upon the merits of the case. Ihera is
great diversity, and much confusion Of o.
piuion, as to the nature and obligation Of
allegiance. BY some it is held to be IA
indestructiblc political tie, and though re-
sulting from the mere accident Of birth
yet forever binding the subject 70 the SOW
crcign. By others it is considered al o,
litical connection, in the nature Of evil
contract, dissoiublc by mutual consent, but
not so ut the option Of either party. The
sounicr and more prevalent doctrine, how
ever, is, that the citizen or subject, having
faithfully performed the past and present
duties, relating from his relation to The
sovereign power, may at any time release
himself from the obligation of allegiance,
freely quit the land Of his birth or ad"p-
ton, seek through all countries home,
and select anywhere that which offers him
the fairest prospects Of happiness for HIM
self and his po5icrity, When the sover-
eigu power, wherever it may be placed,
does not answer the ends for which it is
bestowed, when it is no: cxerted for the
general welfare Of the people, or has be-
come oppressive TO individuals---this right
to withdraw rests on as firm basis, and is
similar in principle TO the right which le-
citimates tyranny, The conflicting laws
On the subject Of allegiance, are OF m"-
uicipal character, and have no controlling
operation beyond the territorial limits Of the
countries cHac;iag them.
All uncertainty, as well as confusion on
this subject, is avoided by giving due con-
s;deyati0a TO the fact, that the parties to
the question under consideration, arc two
independent nations, and that neither has
the right to appeal to its own municipal
laws f0r the rules TO settle the matter in
dispute, which occurred within the jur!s-
diciion Of . third independent power
Neither AUSTRIAN DEGREES nor American
laws can be properly invoked for aid or
direction in this ease; but international
law furnishes the rules for correct dCci-
sion, and, by the light from this source,
she'd upon the transaction at Smyrna, are
its true features. Koszta being beyond
the jurisdiction of Austria, her laws were
entirely imperative in his case, unless the
Sultan of Turkey has consented to giro
them yigor within his dominious by treaty
stipulations. The law Of nations has rules
of its own on the subject Of allegiance aud
disrcgards generally all restrictions impos-
ed upon it by municipal codes. This is
rendered most evident by the proceedings
of independent states in relation to extra
dition--uo state can demand from any
other, as matter Of right, the surrender
Of native boru or naturalized citizen or
subject, an cmigrant, CT even fugitive
from justice, unless the demand is author
lied by treaty stipulation
International law allows no such claims
though comfy may sometimes yield what
right withhoIds. To surrender political
otlenders-Gnd in this class Austria places
Koszta-is not duty, bu. on the contrary,
compliance with such a demand would be
considered d!shonorable subsevency to a
foreign power, andan act mer!ting the rep
ROTATION Of mankind.
As rendering needless all further arga.
ment Oh this point, tho undersigned will
recall! to Mr.. Hulseman' srecollecnon, what
took place in 1910 and 1880 in relation to
the reclamation of Polish refugees in Tur.
key by Russia, of Hungarian refugees, Of
whom Koszta was one, BY Austria.
This demand was made in a concert, as
it were, by two powerful sOvercigns, while
their triumphan. armies, which had just
put IN end to the revolutionary movements
in Hungary, stood upon the borders Of
Turkey, with power to erase her name
from tho list Of nations. She might well
apprehend for herself, US the nations Of
Western Europe apprehended for her, that
refusal in her critical condition, would
pu: in jeopardy her existence as an indie.
pendent power. But she did refuse, and
the civilized world justified and commend
cd the act. Both Austria and Russia
placed their respective demands on higher
grounds than RICH: of extradition under
tho law Of nations. They attempted to
strengthen their claims by founding it up
on the obligations Of existing treaties, the