The Yazoo City weekly Whig. (Yazoo City, Miss.) 18??-1855, 1853-10-21
secretary nIarcy's Letter.

the questions involved ii The cse St MI.
Koszla, has at length appeared Il occu-
pies eight columns and half 81 the Wash
ington Union, and IS quite too long for Is to
attempt more brief analysts. secre-
tary Marcy takes the ground that The citi-
zen o. subject Of any sovereign power, hay-
ing faithfully performed pass and present
duties resulting from bis relation to that
power, may at any time release himself from
tie obligation Of allegiance, freely quit the
land Of his birth, and seek citizenship un-
der any other sovereignty. Also. that,
when sovereignty becomes oppressive to
individuals, the right to Withdraw rests on
as firm basis
That in such case Of Withdrawal. Meth
er party--the Sovereignty abandoned nor
the Sovereignty adopted has right to APP
peal to its own municipal laws to settle the
matter in dispute. Therefore:
"Neither Austrian decress nor American
laws can be properly invoked for aid or d.
rection in this case, but international law
furnishes the rules for correct decision;
and by the light from this source. shed up
on the transaction at Smyrna, are its true
features to be discerned. Koszta being be-
yound the jurisdiction Of Austria, her laws
were entirely imperative in bis case, unless
the Sultan Of Turkey has consented to give
them vigor within bis dominions by treaty
stipulations.'
The Secretary says the law of nations
has rules Of its own on the subject Of ale
glance, and disregards the restrictions of
municipal codes. This is evident from the
proceedings Of independent states in rela-
ton to extradition-special treaties being
required for that purpose. International
law allows no such claim. The case Of Pol
ish refugees claimed by Russia from Tur-
key in $40 and Hungarians similarly claim
ed by Austria, are. cited in point The Sui
tan rejected the claims. and was supported
by the opinion of the civilized world. Aus
tria appears 10 have been aware that her
right to seize Koszta could not be sustained
by international law, and she has attempted
to derive it from certain treaties or ancient
capitulations BY treaty and usage.
Secretary Marcy denies the power of such
treaties and usages as set forth by Mr.. Hull
|semann, for the reason that those treaties
and usages were relied on By Russia and
Austria in ls49 and failed, and no treaties
have been since enacted on the subject The
Secretary is brought, by fair application
Of sound principles Of law, and by a care
'ful consideration Of the facts, to this impor-
tant conclusion, that those who acted in be-
half of Austria. had no right whatever to
seize and imprison Martin Koszta Koszta
was seized without any rightful authority;
he was suffering grievous wrong; any one,
that could, might relieve him; to DO 50 was
a duty imposed. under the peculiar circum
stances of the case under the laws Of hu-
mainly. Captain Ingraham, in doing what
he did for Koszta, would, ID this view of
the case. be fully justified. As a further
Justification Of the act Of Capt. Ingraham,
the Secretary proceeds to show that Koszta,
when he was seized and imprisoned at smyr-
na, had the national character Of an Amer
lean, and the Government Of the United
States had the right to- extend its protection
over him.
To prove this national character Of Koszta
the Secretary cites his genuine certificates
of declaration Of intention to become citi
zen Of the United States, made in the city
of New York, as the records Of Court show.
Foreigners may, and often do. acquire a
donnicil in a country, even though they have
entered it with the ayoWed intention not to
become naturalised citizens, but to return
to their native land at some remote and I'M
certain period; and whenever they acquire
a domicil, international law at once impress
ses upon them the national character of the
country Of that domicil It is maxim Of
Law that domicil confers
national character. It does not allow any
one who has domicil todeoline the nation
al character thus conferred. It forces il upon
him, often very much against his will. and
to his great delliment. international law
looks only to the national character il de-
terming what country has The right 70 pro-
tect. II person goes from this country q
broad with the nationality Of the United
States, this LAW enjoins upon other nations
to prospect him q regard to protection as az
American citizen
Secretary Marcy proceeds further to show
hat Koszta was citizen to al intents. That