The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-10-01
LATEST MAIL NEWS

v =
SECRETARY MARer's RKpLY-TnE Koszr. CO.
This document, which we have been exns,.ss..
for several days has a. last made its appes,sn.s
IL - OF great length, and at the late bos,r A.
we received it, we shan Only be able 10 rive 80
abstract It's In reply TO the Austrian pro.e., !.
the case Oh nosz'a, and, throughout uphoids Can,
Ingraham for bis gallant interference. II ises,
fainiy document OF great merit, and viii he ,s.a
with interest BY all classes. The following ex.r.o.,
viii give our readers definite idea of the o-@,,a.
held by our government:
The establishment Of his (kosztasl to,nic;, ta,a
invested him with the national char.e, - 81.
country. and with that character he aro,,,-a 4.
right to claim protection from the rJnsd 500. Nc
and they mad the right 10 extend II 70 hin
as that character continued --'-- - sohg
The next question il. was Kosz.a .,o.ho.
that character when ne was Li5ns,~es !. "Hn
streets OF Smyrna, and imprisoned oI, hosrd - ~
Austrian brig -of-war HuszarY Tbe ra,;osI ~ we
acter acquired by residence remains as one ~ ar
aoInlch eonslnues ana that continues not oulv ~
Iong as tne dofnleiied person continues in the 60,
Try OF ms residence but until he ACQUIRES 80,
dofnich. Inc law as 10 the continnanee an.
change OF domieil is clearly stated iD the sol,
ing quotation from, an eminent iurist:
however, IN many cases actual residence IA ~.
indispensable to retain domicil after il Is onc
acquired; but it is retained, aaino solo Nv ~,
mere intention not TO change it, or TO adort ano
tner 1t, therefore, a person leaves his horne fr
temporary purposes, but with an intention 10 70
turn to II, this change of place is not in To-. :
change OF domiciL Thus If a person shr,,j3 a. -,
voyage TO sea, or to foreign country for bssith
or for pleasure, or for business of enlporarv ns
ture with an intention to return such transitorv
residence would not constitute ne,y do,ricT -
amount to an abandonment Of the old one for /. ia
not the mere act Of inhabtancy in a Mace vrbicb
makes the domic, but il is the fact COUPLED ;+h
the intention OF remaining there amino raazeudip
(story's Con- of Laws, S44)
Whenever by the operation of the law NJ no
tions an individual becomes clothed with our ma
tonal character, be he nativeborn or naturalized
citizen exile driven from his early horae by DO
i'icai oppression, or an emIgrant eniiced from il
by the hopes of better fortune for himself
and his posterity, he can claim the protection Of
this government, and it may respond TO thar claim
without being obliged TO explain its conduct to anv
foreign power, for it is its duty to make its nation
atty respected by other nations and respectable in
every quarter of the globe
IL mas excited some surprise here, that after A
consideration of the circumstances an impression
should be entertained in any quarter that Captain
Ingraham either committed or medtsted hostility
towards Austria on that occasion In passing upon
his conduct it is necessary to keep in view the con.
illusions established, the undersigned believes
IN the preceding remarks; for he, without doubt,
acted upon precisely the same conclusions. He
thority, that he was Illegally imprisoned, and that
he ought at once to be set at liberty
The first aggressive act in this case was the seiz-
ure OF hosZta at Smyrna, committed by the pro-
curemcnt OF the austrian functionaries-the first
improper use OF national ship, the Imprisonment
of hosZta therein, was made by the commander of
the Austrian brig HCsZar. That ship was convert
ed into prison for the illegal detention OF person
clothed with the nationality Of the United States,
and consequently entitled to their protection. Ii
Austria upholds, as it appears she does the con-
duct OF the commander OF the Huszar she is in fact
the first aggressor. This act of the commander of
the Huszar led 10 the series of other acts which
constitute the ground of complaint against the
United States.
The alleged authority of Austria under treaties
| being set aside, no one would have questioned
Captain Ingraham's right, had he been present to
arrest the proceedings OF the kidnappers in the
streets of Smyrna, and rescue koszta from their
hands. They were acting without, and against the
civil authority OF place; theyiwere committing
an atrocious outrage upon person invested with
the nationality of the United States. II he could
have properly nterfered in the first stage OF this
lawless transaction ne might do so in the last The
act was, IN all its stages, continuous wreng and
the character of the actors, though there was a
succession OF persons, was the Same they were
all wrongdoers; and if they CHANGED TO have the
possession OF national ship ana converted it into
a prison Tor the purpose OF concentrating the
wrong, that ship, thus decorated was not entitled
to the privileges of sanctuary. Those who had
rl0EL 10 claifl ana the power 10 release me
prisoner illegally confined therein, might treat IL
prison. and while it was degraded to such an ig-
noble purpose, might forget, and be excused for
forgetting, that it was national ship.
The undersigned is confident that after due con-
sidera,ion of the views here taken of the affair at
Smyrna, those powers whirh have been so prompt
to censure viii be equally prompt to correct any
precipitate judgment they may have formed in re-
gard TO it. he INDUCES the belief that after fuK
and fair examination-not merely OF detached
Of bIlf0 no ,ff .yiti he
abundantly satisfied that the agents of this govern
nent In that transaction have respected interna
tioaal law; and in no particular transgressed the
restrictions it imposes. IS
The vindieaton eff these agents is not placed upon
any principle new 10 the international code,
known in the practice of enlightened nations These
NATIONS 90 not hesltate IN the exercise OF the Fght
of protection, TO extend it TO persons mot always
subjects according TO their municipal laws who are
clothed with their nationality and in some instances
they have carried this right of protection to limits
which this government would not venture, because
IL would not feel justified to approach; nor have
any of these nations been disposed to abandon The
exercise of this right from tlL1id apprehension that
il light possibly bring thems into occasional COLI
sion with otker powers.
Is there anything in the character or condition Of
this government which restricts it in the Of this
rght-a common inheritance to all--wthin narrower
limits than allowed to others In relation TO III
ternatonal rights, the United States ask no more
than has been conceded 10 Others and will not be con-
tented with less. They put forth new principles,
but claim the full benefit OF those which are estab-
Before closing this communication the undersgn i
viii briefly notice the complaint of Austria against
Captain IngEahan for violating the neutral soil OF
the Ottoman empire. The right OF Austria 20 call the
United States account for the of their agents
affecting the sovereign territorial rights of Turkey 10
not perceived; ard they do acknowledge her ght
To require any explanation
II any thing done at Smyrna Ia derogHhon OF L
the sovereignty OF Turkey, this government will give
satisfactory explanation TO the Sultan when lie ssIa
demand IT, and IL has instructed its Minister Resident
To make this known 10 him. de Is the Judge, ana 4
the only rghtful Judge in this affair, aud tine injured
party, TOO He has investigated its inertia pro E
nounced judgment against Austria and acquitted he
United States; yet strange il Is Austria mas called
the United States an account for violating the so
yeregn territorial rights of the Emperor OF Turkey
The conclusions at which the President has arrived
after full examination of the TRANSACTIONS At Smyrna
and respectful consideration of the views OK the
Austrian government thereon, az presented IN hI;
Halsemanns note are. that koszta when seized ana
imprisoned invested with the natsnslty OF ING
United States and they had, Therefore, me n2nt
thew choose 70 exercise Il, 20 extend thef otess9a
20 him that from international iaw-tsae oAy -"
which e41l be rshrfnlly appealed 10 tor rules u ac
ton 10 this caseAEstria could derive no aothei''y
obstruct or interfere With the United States u ies
exercise of this right in eheetins the AnefatoD %
koszta; and that Captain lnsFahsns nieEpossueA
for his release IVES nader the peculiar aud eAtfA'se
nary circumstances Of the case, Isht ana proper
These conclusions indicate 10 MI haiseEiaSa ~
answer which the undersigned Is instructed ~ -
President 70 make 20 the Emperor u Anssra 70 1H'
demands presented in Mr.. Haisemanns note, A.
The President does not see sufacsnt cause tps ~
ayowine the acts OF the American agents whlsn az
{fsre I'll