The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-24


a new light on the question OF American Profession
abroad Mr. Dainese consul a, Constanunople,
and speaks with personal knowledge Atier giving. IN
some length. the details Of Kosla's capture. and highly
paisng Captain lDgaham and Mr. Oley Tor their ener
uslc action in obtaining his RELEASE MIR Danese says
so far Kosla is sae but be is sill prisoner in the
keeping OF the French consul. who BY The tenor OF the
between The Anne mean and French conss is
not liberty 10 release him until the two governments
shall have decided upon his final disposition.
- Now the question, whether kosia is.
entitled TO the protection Of the United States The ma.
joy OF the press has, ol come lime, Is natural TO
aud independent people, anKweSed that question in
the Affirmative, and many sensible acles written
on 'le subject Yet The mater was manly treated on
mons, and the right to protection Of alien who had
filed his intention OF becoming American czen and
II met with some opposition from those who strictly adj
here to The letter Of naturalization laws, But there
is another point which, when properly considered will
conca,e ali partles-that is the laws OF Turkey, and
especially the peculiar position Of Franks u that country
under The capilulaions which clearly define their right
OF residing in or travelling throughout the Turkish do
minons. Il is with view Of explaining hal position,
and of showing the propiely for the United Stalss-ii
they wish 10 maintain The character OF hrsate power
10 the Eas-o observe system Of protection IN Turkey
all Franks applying for 1t, independently OF the
letter of naturalization laws, that offer the fol
low ing remarks. ht
1, Our treaty with Turkey secures 10 the United States
the privileges granted to the most fncortd nations Among
these nations may Tor example Gfeai Britain
and France. The capiiuallons obtained from Turkey
during the regns of Queen Elizabeth and SULTAN Os
man, in 1879, renewed between King Charles III and
Sultan Mohanet ~. in 1915, slipuate that the said
nation and the English merchants, and all other
the coors and projection Of England, with their ships.
merchandise effects, and their other estates. shall, at
all times sail securely in orr seas and 30 and come
with all manner Of safety and freedom to all parts with
Lin the limits of imperial domnons, in such manner
that person thus travelling, his goods or effects,
shall run any molesa,ion or impeachment from any person
whatever In anoiber part the same capiialaons' i'm
part that all foreign merchants might enjoy the ad
vantages and that might be lett 10 their choice and free
will 10 come under the colors OF England, or any
other consul that should be in peace and amity wih the
Sublime Porte. The .captnlaon' granted by Sultan
Ahmet to Henry w King OF France. in 1904. renewed
between Mohamet Nv and Louis XIV. in 1878, gives
Francs the same privileges adding, that foreigners 81
all nations may traffic in the Sul,ans domnions under
The French flag and that the ambassadors Of the other
nations will have right to moles them. These ca
ptulaons which for nearly three centuries have been
the basis OF all existing treaties between Grea, Britain
and Turkey as well as between the latter aud France,
clearly establish that these powers have full right 10
protect. under their flag. any Frank who has sought
their protection while residing in or travelling through
out Turkey; and personal experience OF more Than
twenty years observation Turkey enables assert
that they always awaited themselves OF that right Oher
nations represented in Turkey have always enjoyed the
throughout the Turkish dominions have 50 far, lived
under the protection OF the several nations represented
there and have received travelling passports proteg
Why should, them the United States deny 10 themselves
right which Great Britain and the other Christian pow
enjoy in Turkey, which right pertains TO them by the
during my consular career in Constantinopc, invaria
/ bly, and extensively used, without opposition from the
Porte. in favor of hundreds OF exles for freedoms sake
Hungarian Italian, German, and Pole, who placed them
selves under the protection of our flag, and whom under
that right screened from the persecution Of the agents
of Austra-a right, finally, which Turkey fully recog.
nses TO Us, and which only in this instance has been
DISPUTED by the Austrian monarch .
"Marn Kostas prinsa seie declaration OF his intention
become American citizen may not, perhaps have
given him full right Of citizenship yet under the treaty
slipulaions now mentioned, and in accordance with the
weIl-esabshed ussges Of Turkey. hs was unquesona-
bly, entitled 10 the protection which befolcally
corded 10 him by our naval officer Il ia not necessary
to upon the argument that Kosa q citizen OF
the United Staee and as such. entitled 10 lis protecting
power to justify Capt. lngraham in the pursued
by him. Il is enough that Kos,a claimed that protection
in neutral land, where the laws permitted and univer
sal custom sanctioned it's exercise. Tn. decisive and
prompt demand OF Capt lngraham upon the claim OF the
prisoner for American protection brought about result
which the niccession OF our charge cd interim at Con-
stannople 10 the Austrian minister upon Kosas right
as citizen, failed TO accomplish. decisive demand
from officials based upon these grounde, will always
be more effective, and more in harmony with our
honal dignity, than intercessons and requests
Sand now, Mr. Chairman il being established that the
law of nations, the law OF justice and humanity, and
more than all these the peculiar usages OF Turkey,
well treaty spuations, comblns TO give the
right, il becomes our imperative duty 10 exercise the
power Of protection over such Franks may lay claim
TO il when prosecuted by the agenis OF despoc powers
II is, therefore, 10 be expected that all Americans will
with joint eHori, establish the principle of protection in
the East those whose political sympa,hes would not
allow them 10 apply Tor II 10 the representatives, of Eu-
ropean powers and that the voice Of the
ton win the Executive the maintenance OF this
principle, and hasten The release Of Martin Kcsta
n" Capt lnerahsm's polite well brave
and honorable in thus defending all the rights OF lie
American flag, and the rympahes of bls fellow czens
will hereafter accompany him throughout The world,
holding him up example TO our naval officers IN lu-
turc emergencies"