The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-31

-
can interests, American commerce. American eltl-
xess must be constantly exposed 70 malignant ~
tack or unscrupuleus plumber 1T ID most oppoltanc'
we repeat thai, just before that war should pe en-
tered on the comba IA nts, one and all, may under
stand what are the rights o. all entitled 20 lug pso
lection OF the American flag who are those ehIsle9
~ it, and what is the capaby OF that nag 70 anoIu
aud sustain such protection az all hazards we nave
no doubt that the prompt and vigorous settlement OF
this Koszta affair will re lound, within very limited
period and for all future time to the material pene
fit and protection Of our comme rs,n OUT Eeaee
confident tina. the President of the United States
will prove that the principles ann unced ID his inau
! gmal, the annunctasion Of winch drew 90 sn the
plaudits of the whole nation aud restored IN expec-
tafion the integrity of that American citizenship
which Of Tste years, has been SD frequently and 80
impunitensly outraged shall not be dead letter, CT
die the death OF boastfuluess ia his hands, but shall
Europe OF In the Calf of Mexico with all the force
of bis administration and Of the country which so
generously sustains him. II is peculiarly fecitoas,
moreover, that the first occasion which has pro-
yoked their assertion should be one of such inhu-
MAJ " and gross outrage that it exctes the gorge OF
all civilized nations, and that the provoking party
should be the representatives OF government
which has succeeded in alternating every province
and every race under its subsection, which has not
won the admiration OF the world either by its JUS
tice its moderation its ilor, or its humanity, and
which, in It's intercourse with this republic, Is totally
worthless as an ally or as consumer, and, as an
associate, has been eminent only for SUPERB Diou5
etffontery and well cha .tised presumption,
We presume that if Koszta were native born or
naturshzed citizen. doubt could arise as to the
propriety and the duty of Captain Inglahams con-
duct or as to the necessity Of the executive vgor
ous!y supporting him. The only questit therefore,
which can arise how far the fact OF an alien legal
" carDg his int ntons in our co1rts entities him
10 that prot4 elton against outrage which s due TO
citizen. ID is not all-e ed that KosZta guilty of
any offence against Turkish laws or the authority in
jurisdiction at Smyrnlnr that even he was engaged
IN In he
goyerumeI or individually. The whole question Is
therefore in a nutshell.
| We unhestatingy PROFOUND the doctrine that an
! alien who may have declared his intentions" &C.
cordDg to lei a form, becon 6. Instantly and by tn Il
| at entitled to every protection against outrage
| which American Law and American arms owe ID the
/ Gil zen.
! Our reasons are threefoll 1st BAsed on public
! law" 3D. On American law and its fundarpe ntal
! principles, as contradstinguished from the law Of
hereditary right aud Sd. On The terms and conse-
Quences Of tie de clarsti0n Of Intention ITSELF
As 70 the first category while we decline d accede
To ANYTHING contained in what is called irterna-
tionai law, it has hitherto been practised, and rs
il has bsen concocted by monarchs and their agents,
aud their bookwonns, TO suit their interest, their
glory ;" or their convenience, merely because such
and such dogma is found Ia Blumenback or IN Vat
tel still all such laws have more or less consistent
relation to the moral instincts OF family and guard
with rigid theoretic exclnsyeness, though often
practically violated the sanctity OF neutral territory
and neutral bottoms. That ell members OF a family
e1tted to equal protection rem TIE head thereof
against outrage il automatic nstnc, essential to
manhood cnd to nationhood, which viii hardly be
questioIed.' II has NJ all events been the rule aud
practice Of the American family, both men and as
distinct republics, ard as federal executive. The
question then only Is does the declaration Of
bis intentions by alien constitute such admission
ard &C eptance of the individual by the family? II
il does, the immigrant who has declared his llen.
tons becomes instantly equally entitled to protec-
ton from outrage with the Oldest inh .bitant the
most venerable representative of line Of citizens.
That It does 50 ADMIT and receive him we shall pre-
sehtiy prove.
no doubt in law and in practise there are abun
dlrt examples Moreover the very cricirators OF
modem public law Of Europe, the reivin2 tarons
Of The middle age instituted and recognized the tight
tf protection for al the Tree ances and tie lance com
I paLons under their banner, no matter what their
place Of birth, who had not transeressed the claws
of cnivalry.' Sir Kenneth, of Scotland, under Rich
ard CT the Lion heart, and Sir Dugald Daigetty, o.
Gustavus Adolphus celebrity, had equal right to
the protection Of the banner under which they en-
lifted This in that ase was equivalent to our rights
! Of emigration and OF seectb our allegiance. Tue
/ troops II the pay 81 the Italian republics even
though only ercenaries, and the guards aud cgions
Of foreign extraction continuously for three hunsred
y.ars IL the service OF The various European mon.
arches the Swiss guard and Irish brigade Of the
French monarchy, the Irish legion and Polish legion
OF Napoleon. the English legion in the service OF
Spain, and Hessian mercenaries in the service OF
England, were equally respected; and none Of these
/
oi these men from the protection due 10 every mem
} Der Of their family.
But while it is DOUBTLESS true that the inviolablty
Of neutral territory, and the protection due by the
flag 10 its followers have not always been respected
while il is true that the British habituay violated
the neutral ground" DUNG our war of '76while
! the battle Of Copenhagen was fragrant outrage on
humanity and on pations-wbile Napoleon Disguised
bis followers by the seizure neutral terri tory,
Of the Due dEnghein, still there is established
and We'll known which even in Europe sustains
the petition We advance. Some lrishmen- Montmo-
reIci, Harvey Mones, William Corbet, and Colonel
Blackwell by pane-imIlicated in the rebellion OF
their La,ive country in 1885, subsequently became
officers in the legion and armies Of Napoleon, aud
being Unfortunate in an expedition for tue invasion
Of British territory, having actually Invaded aud
lanGed on British territory, escaped to Hamburg
There, that Deutfa territory. an English agent in
stigatiDg the authorities of Hamburg, the latter
seized the fugitses, delivered them to the English
officers, who took them to Engla and subsequently
to Ireland where OF comse they were liable to death
Napoleon autocrat and worse Is he was, with not q
particle q Iepublcanism about him dc handed their
instant release, members Of his family who we're
seized on reGtr8l ground; warned the Ham5urghers
Of their doom, made war on the poiht, procured
tier release, III despite of every difficulty, AID nc
the subsequent peace Q802) exacted from The au.
thorities OF Hamburg fine CT two millions sterling
for the outrage permitted aid carried out by them.
The English government itself upbods this doctrine
OF citizenship TO even greater eS Tn. Jew
born i'll the ionian l-aIds Was not long since mob
and made himself justly aetested. He claimed the
protection Of British subject, aud though the
Greek government was 10 party To the outrage, az
the Austrian government is in this case Of ko-zta, a
British feet Immediately boaksced Athens and the
Puaus, snd withdrew only upon an extortionate tri
butte icing given t. IFS protege, The Jews name
pacifco-tle British mini ter, the present Lore
, Pa'merston. BY, therefore the public law Of Eu
rope, the flag Claimed by individual, thoagh ht
may not be bora under it protects him against al
Outrage neutral ground, whether that crlrage b:
By government or d mob, ii be be- by even suct
iags or practice a. they haye III Europe, entitled Il
that protection.
The second cate yory Of reasons which cornpeis MS
to adopt OR petition gre purely American and u
publican based on the prime pies of our eY ssence
Of our history of oUr freedom aa5 which M respon
sible American officer dare ignore. They tarn or
one point, the freedom OF the Individual e. select
The county 10 which lie gives his allegiance.
This / the point Which was not settled by the wal
Of 1872 or by toe treaty Of Ghept though IL tLt
x:tal ,,as l-L. Rich .a.t Oh. LII