Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-10-06

SANE. undoubtedly. that are nov urged upon
H.. confederation of the l.. States. Russia
md Austria. however both submitted IT, the
refusal. and never presumed 10 lmputr TO Inr.
KEY the act Of refusal as a breach of her duty
or a violation Of their rights.
To show that the very same claims 10 rights
now set up in this case were overruied and re-
pudiated in lS49 and 1850, the undersigned
viii refer 10 the cotempeI aneous views oil emil
inent statesmen in regard To the conduct OF the
Sultan In refusing 10 surrender, on the demand
nf Austria and Russia the Hungarian and Po-
li.h refugees, who were clai1ied by these pow
ers as rebels and raitors
Sir iSratjord Canning. the Brush ambas
sador at Constaniinople. entirely approved ct
The Snltan's course on that occasiou-lndeed
he advised it. In letter 10 his government.
dated the Sd of September, $40, he says: "On
grounds oil humanity, not unmixed win Con
sdrrations affecting the Porte's character
and future policy, have not hesIaed TO ad
wise decided resistance to the demand OF
extradition." From another letter Of this am
bassador dated the 18Th oil December com,
rnenting on and commenting The Courageous
hrmness OF the Sultan in refusing he demand
OF these powerful emperors for the surren der
OF these fugitives, on the same preience as now
set up ty one of them to Justify the seizure OF
Kosza, this extract is taken:
ALLOW me 10 add my lord. tha, in proper
ton | admire the courageous firmness with
which the Sultan and his government have de
fcrmned TO make This stand IN the cause OF hu.
rnanity and ofthe rights of honor and dignity,
against demand alike objectionable in sub
stance and III form, ! feel deepening anxiety
for The result Of their resistance. and for the
degree ofsupport which her Majesy's govern
ment and that Of France may find themselves
at liberty 10 afford, uot only in the first instance,
bat IN still graver circumstances, should the
present partial rupture unfortunately assume a
more serious and menacing character"
In these views the French minister resident
at Constaniinople fully concurred and so did
HE British and French governments; and
both We're prepared to esponsc the cause OF
Turkey, il her humane and honorable course
IN refusing these understandable demands had
provoked the resentment and brought down
upon her the hostiites Of the iIhIy potenta
les. The opinions of other distinguished men,
approving of the decision of the Emperor OF
Turkey III refusing to surrender the Polish
and Hungarian refugees, both on the ground Of
humanity and right, have fallen under the no.
tice Of the Undersigned but he has forborne
to quote them on account Of the INV orlhy mo
tive ascrlbed therein to the powers making
the demand, and the harsh epirhets by which
their conduct is characterized
1t is an incident Of great significance, and
bearing aulhorilively upon some Of the most
important questions now raised that the case OF
koszta for he was one Of the Hungarian ref
ugees then demanded) was fully discussed in
upi ~ , ri hat ,br 10,
Europe, and decided against the right of Aus
tria to require his extradtion, either under the
law OF nations or by existing treaty slip lations.
This decision deeply interested not only rulers
and statesman, hut the great BODY Of the peo
pie of every country. Trey investigated its
merits, admitted its justice, and CONNIE nded
The frmness and humanity of the Sultan for
his course.
1t is to be regretted that this claim for tn,
surrender of Koszta and his companions, So
fully considered them and so signaly oyerrul-
I'd, should he again revived by Austria under
circumstances which make the Uui,ed States a
reluctant party in the controversy The claim
has been repudiated by the general judgment
If Europe, and this government is unable To
discover any sufficient reason for dissenting
from that decision.
her ii hit to seize Koszta could not be sustain
ed by International law, and she has attempted
to derive 1t from certain treaties. or .'ancient
| capitulalions hy treaty and usage" The very
slight inexplcit manner in which this aulhori.
~ is adverted to in Mr.. Hulsen,an's note ap-
parently indicates, if not IA want OF confidence
IN H. a, least desire not TO have it scrutinzed
II there really was such an authority. and it
was OF such an extraordinary character as i,
Is assumed 10 be, it would have constituted as
Austria must clearly have SEEM the main
strength Of her case. and she would rot have
referred to ii in such a manner As to leave IN.
very existence of it open to doub, or question.
he paragraph referring to it is the following:
"As there can be no doubt, therefore, con
corning the question Of nationality, The Consul
General of the Emperor at Smyrna was with
out doubt perfectly justified when. in virtue of
those treaties which subject Austrian subjects
IN Turkey TO consular Jurisdiction, he seized
The person OF koszta within the pale of his in
risdction."