The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-10-11
Political Rcfugees-The Right OF Asylum
The American sovereignty

Political RcfuGces-The Right OF Asylum
The American Sovereignty
The release of Martin Koszta by the consent of the
Austrian government puts end his case, SO far
he is personally concerned That release however, is
said have been accompanied with conditions TO his
perpetual exile the United States, which TO TO
have been imposed in contrayenon of his rights OF
American nationality, and in violation of the protection
which was due TO him political refugee With the
imperfect knowledge OF the facts which possess,
have disposition 10 comment, upon the character OF the
alleged conditions annexed to Kosz,as release far
they his individual rights but there is much 10 be
said on the general question the relation which the
political refugee bears TO the rest OF the world Our re-
marks heretofore American nationality have had
elusive reference to the rights which the alien acquires
by virtue Of his domcil and petition for naturalization.
indicating an honest purpose to become citizen
The great danger apprehended from the doctrine an
nounced this subject by the administration arises
from the supposed nducement which holds out 10 po
tca adventures and refugees to seek our nationality for
fraudulent purposes. We have shown how completely
the doctrine Of the administration guards against such
danger; but, that the subject may be IN all its bear
lnss propose TO examine briefly into The condition of
the political refugee according TO the international law
and the law of humanity.
The law of nations, which is the law of humanity on
this subject, guarantees the right OF yum TO political
offenders This right is acknowledged and upheld by all
civilized communities. To refuse it, or TO repe The
refugee back to the jurisdiction whence he escaped
would be lnfrac,ion of this law which would meet
with universal condemnation. II must be remembered
that there moral degradation attaching to the political
offender In all ages, in the most nomadic barbarous
communities. well in the refined and powerful
sovergnes the person OF the political refugee has been
invested with species OF sancti,y. By the very fact
that he has broken his allegiance. and forfeited the pro-
lection OF his native government that against which he
has offended he puts himself under the protection of uni
versal law-ihe law OF humany-and has right TO its
acknowledgment by all nations. This is what we mean
by his offence his natural protector bu, as his offence
carries with it no moral degradation, his condition
Of ophanase challenges universal sympathy, and
entities him 10 universal protection The moment
political refugee claims The protection Of a SOW.
ereignty TO whose jurisdiction he has escaped. the
sovereignty Of the nation becomes involved in the
application, and it's national hospitality s enlisted by the
universal consen, OF all other sovsregnes The sove
regnty whose hospitality is thus invoked and secured
stands pledged for his protection and safety II the gov
eminent which he has offended attack him in this sacred
asylum, il is not an injury TO the individual refugee
aone--it il attack upon the sovereignty which has
engaged to extend protection 10 hint is denial of the
sovereignty Of the protecting power.
Such is the clear and well established law OF nations
and OF humanity a. those Invested OF their natural
protector History goes not back to the time when this
doctrine did not prevail barbarian mankind goeh moi,
back 10 the time when it was legitimate to attack wo-
man on the highway, because the wanderer there
without a natural protector. The appeal 10 manhood
and to naiionhood is identical in both cases all men
are expected protect the woman because she needs
that protection all nations are expected to receive and
protect the political refugee, because he is ssch refu
gee The Gauls gave asylum to Corolanus; the
Queen OF Carthage TO the fugitive from the justice Of
Ium and the vengeance OF Greece great Rome
built to be an asylum TO the exile and the unfortunate
Louis XIV received to his protection Henrietta, Of Eng
land and again protected James II and all his house
hold and adherenls France. Austria, all the nations OF
the European continent received and protected the Ro
man Catholic and monarchical fusilves from the wars
and prosecutions OF the English reformation and Com
monweah England has extended The same protection TO
the fugitive Huguenois, TO the fugitive Palanes," TO
the fugitive Poles, 70 the fugitive Bouboos, to the fug
tive Orleans family and their adherents, to Louis NaPo
leon, fugitive, to the fugitive republicans OF France
and to fugitive tories from the war OF our independence
and to fugitive revouonsls from Mexico and the South
American republics; the poor be devied MussuIman
nation al the far end of Europe though very life hung
upon the act, extended the protection and security
to the fugitive chiefs OF the Magyar war. II is right
of sovereignlyof msjes,yso inherent in nation, that
il il not 10 be evaded or refused without denying its
lionhood; and 30 sacred and 40 guarded il the fugitive
himssf. that The asylum becomes perfect il he
pressed the horns OF the altar. and covered himself with