The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-10-12

tai5 uumoSl VI SuCn Yf0tCYce- AHScfua-
tiOnal law recognizes and sanctions the
right aeQuieced BY this connexion.
'ln the law Of nations as 10 Europe, the
rule IL, that men take their national charac-
ter from the general character of the coun-
try in which they reside; and this rule ap-
plies equally to Ameriea. But in Asia aud
Africa AN immiscble character is kept up,
and Europeans under the protection ola fac
tory take their national character from the
establishment under which they I've and
trade. This rule appIys to those parts of
the world from obvious reasons of policy,
because foreigners are not admitted there
as in Europe and the western part of the
world, MO the general body and Mass OF
the society ofthe nation, but they continue
strangers and sojourners not acquiring any
national character under the general sover.
eignity Of the country."-U. Ksnt's Com,
78-9.)
The lords of Appears in the High Court
OF Admiralty in England decided in 1884,
that merchant carrying on trade az Smyr-
ma, under the protection of a Dutch Consul,
was to be considered as Dutehmal as to
his national character. (Wheston's Inter,
Law, 1884,, 3 Rob. Adm. Reports, l2.
This decision has been examined and ap-
proved by the eminent jurists who have
since written treaties on International law
According to the principle established in
this case, Koszta was invested with the ma
tionality Of the United States, il he had it
not before. the moment he was under the
protection of the American legation at Con-
stantinople. That he was SO received is es-
tablished by the ieykereh they gave him,
and the efforts thev made foi his release
The Charge Atfaires ad interim of the u.
nited States at Constantinople in letter of
the 29;h of Juue, addressed to the imperial
internuncion, states: at was on present
ing this, declaration ofalIegience to The con-
sulate of tee United States of America at
Smyrna, and to this legation, that the said
KoSzta was furnished with a Ieskereh TO
Constantinople and return to Smyrna, whence
he was to start for New York. Since his
arrival in Turkey he has resided undtr the
protection ofmy government, and it is a
pleasure to me to be able to state that his
conduct has always been irreproachabe.
Having been received under the protec-
ton of these American establishments, hr had
thereby acquiI ed accOr ing to the law of na-
tons, their nationality, and when wronged
and outraged as he was, they might inter-
pose for hts liberation, and Capt. lngrahan
had right to cooperate with them for the
accomplishment of that object. The excep-
tions taken to the manner of that co-Opera-
ton reLain to be considered
In relation to the department of the A.
mercau agents towards Mr.. Weckpecker,
the Austrian Consul General, the under
signed ,nnot conceive that there conl be
any ground Of complaint. Nothing done tO
or with him by Mr.. Ofiley, our Consul at
Smyrna, can possibly imply disrespect to
the Emperor Of Austria Neither to his pri,
vate character, nor as functionary of the
Austrian government did Mr.. Weckbecker
take an open or an avowed part in the open
ing scene Of the outrage. His agency in
that aft Ilr atits commencement was clandis-
tine. This course implys conciouSness on
his part that the act was indefensible. The
fact that he sought the aid Of the civil au-
thoTity of Turkey to get Kosztainto his pos.
session proves that he knew the mode he
resorted to for that purpose was Illegal
The application of Mr.. Olley to him to AS
Sist in, and consent to koszta's release was
certainly no offence. and implied no disre.
spect either to him or his government.
The appeal of Mr.. Brown to Capt, In.
graham to nterpoSe for the litefaton Of
koszta, and his advice to effect it in the
way it was done, must be regarded not on
ly as proper but praiseworlhy acts, provi.
ded Captain lngraham's conduct can be
vlndicated. The justification of Capt. In.
graham will consequently exonerate Mr..
Brown from all ccnsure Ii Capt. Ingra-
hams course was right Mr. Browns cannot
be wrong The commander Of the st. Lou.
is was placed in a truly embarrassing posi-
ton. Charged with the protection of the
persons and property of those who had &
right to the protection of lis government,i
was at the same lin No less hts i'm, per atiyt
duty torespecl the authorities of all countre:
in friendly relations with his own. Alter anx
iously considering the case presented to hin
at Smyrna he determined that he ought tc
effect the release of Koszsa, and if unavoil
able, resort to force 10 accomplish it.
1t has excited some surprise here, that
after consideration nt the crcum stances
an impression should be entertained in any
quarter that Capt. Ingraham either commit.
ted or meditated hostility towards Austri;
on the occasion. In passing upon his con
duct it is necessary to keep in view the con
clusions established, as the undersigned be
lieves, in the preceding remarks, for he
without doubt, acted upon precisely th,
same conclusions. He believed that KosztI
had been illegally imprisoned, and that h
ought at once to be set at liberty.
, The first aggressive &C in this case wa
the seizure of k)szla at Smyrna, committe,
by the procurement of the Austrian function
aries-the first improper use of a nationa
ship. the imprisonment of Koszta therein
was made by the commander of the Aus
trian brig Huszar. The ship was converte,
into prison for the illegal detention OF
person clothed with the nationality Of tn
United States and consequently entitled t.
their protection. If Austria upholds, as
appears she does, The conduct of the com
: mander Of the Huszar she is the first az
gressor. This act of the commander of tn
HuszAr led to the series of other acts whic
; constitute the ground of complaint agains
! the United States. The alleged authorit
Of Austria under treaties being set aside, n
one would have questioned Captain Ingra
hams right, had he been present, to arres
the proceedings of the kidnappers in til
streets of Smyrna, and rescue K)sta iron
4 lAI . IL. ~.