Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1853-10-08

the dominion of the Emperor Of Austria Opportunity tile
Of Captain Ingraha arrived in the 6arbor Of SMYRNA be-
fore the design executed The commander of the St
Louis from the of the made to him. felt
it to be his duty unquestionab was inquire into
the validity of Kosztas claim to American projections He
proceeded elaboration and prudence discovered
what he considered just grounds for nqurng Koszas
claim to be discharged account of his American G0a-
ce of the design take Kosza clandesney before the
question at issue settled into the dominons Of the EN-
besides the discovered design of evadng inquiry Captain
Ingraham demanded his release that he should
resort to force if the demand not complied with by
certain hour Fortunately however force used An
arrangement made by which the prisoner delivered
to the custody of the French Consul General to be kept by
him until the United States and Austria should agree as to
the manner of disposng of him.
This full statement of the facts deemed Important as
it will correct and aid in presenting with more
distinctness the question to be discussed
The undersigned will now proceed to present the views OF
the President upon this transaction and his reply to these
several demands.
His Imperial Majesty demands that the OF the
United States shall direct Kosza be delivered to him. that
it shall dsavow the conduct Of the American agents in thus
proportionate to the outrage.
order just conclusions it is necessary
certain and clearly define Kosztas political relation with
Austria and with the United States when he seized at
Smyrna This is the first point which naturally presents
itself consideration perhaps the most important
in its bearings upon the merits of the case
to the nature and obligations of BY some is
held to be an political and though result
subject the soveregn by others is considered po
cal connection in the nature OF civil contract dlssoube by
The sounder and more prevalent doctrine however
and resulting from his relation the
may at time release himself from the obligation
of allegiance freely quit the land of his birth adoption,
seek through all countries home and select anywhere that
which offers him the irest prospect of happiness for HIM
be placed does not the ends for which
bestowed when it is not exerted for the welfare
right to Withdraw rests firm basis and is similar in
principle the right which egtmates resistance tyranny
The conflicting laws the subject of allegiance of
municipal character and have no controlling operation be-
An uncertainty this subject avoid
cd by giving due consideration the fact that the parties to
nations and that neither has the right appeal to its
municipal laws for the rules to settle the matter dispute
which occurred within the jurisdiction of third indepen
Neither Austrian DEGREES nor American laws can be prop
er invoked for aid direction in this but International
law furnishes the rules for decision, and by the
light from this shed upon the transaction at Smyrna
Koszta being beyond the jurisdiction of Austria her laws
entirely imperative in his unless the Sultan of
by struln The law Of nations has rules of
all restrictions imposed upon it by municipal codes.
This rendered most evident by the proceedings of indie
pendent States in relation to extradon No State de-
mand from other matter of right the surrender of
fugitive from justice unless the demand is auth
Erized by express treaty stipulation International law al
what right whholds To surrender political offenders and
in this class Austria places Kostza) not duty; but
sdered dshonorable subserviency to foreign power and
act meriting the Reproduction of mankind As render
will recall to Mr. HuIsemann recollection what
took place in lS49 and 1850 in relation the reclamation of
ugees of whom kOsza one) by Austria This demand
made in concert it BY powerful soveregns
the revolutionary il Hungary stood upon the
o @ Of Turkey with to her ian from the
the nations of Western Europe appeended for her. that
as sr but Ra en- F a ne5
the civilized world justified and commended theact Both
and Russia placed their respective demands high
he of na-
tons they attempted to their claim by founding
it upon the obligations of existing reates-the same un-
doubed that urged upon the consideration of the
United States Russia and Austria however both submitted
the refusal and presumed impute Turkey
rights.
To show that the very claims to rights upn
this overruled and repudated and 1850
the will refer to the eotemPoraneo9s views of
refusing to surrender ON the demand Of Austria and Russia
the Hungarian and Polish refugees who were claimed by
Sir Stroord Cunning the British ambassador at Con-
occasionndeed he advised it. In letter to his govern
ment dated the I'd OF September l849 he says On grounds
the Portes character and future policy have hesaed
to advise decided resistance to the demand of
From another letter of this ambassador dated
December, commenting and commencing the courageous
o ns n ,S IN me demand Of these pow
pretence as now set up by one of them to justify the
"Alow to add, my lord, that in proportion ad-
mre the rmness with which the Sutton and his
government have determined to make this stand in
humanity and of the rights of honor and dignity against
demand alike Objectionable in substance and FORM
deepening anxiety for the result of their resistance and
for the degree of support which her Majesys government
and that of France find themselves liberty afford
only in the first instance but III still graver
should the present partial rupture unfortunately
more serious and menacing character"
In these views the French minister resident
nople fully concurred and did the British and French
and both prepared espousehe
of Turkey if her humane and honorable refs
these demands had provoked the
ment and brought down her the hosties of these
mighty potenates The of other distinguished
approving of the decision of the Emperor of Turkey
refo both
the ground OF humanity and right have fallen under the
notice Of the undersigned but he has fororne quote them
account of the unworthy motive ascbed therein to the
making the demand and the harsh ethets by which
their conduct is characterized.
1t is incident of great significance and bearing author
itativey of the important questions
garan refugees then demanded fully discussed in lS40
not only the parties but throu Europe and decided
against the right of Austria his extradtion either
under the law of nations by existing treaty stpuatons
but the great body of the people They
Investigated its merits admitted its justice commended
the rnness and humanity of the Sultan for his course
1t to be regretted that this claim for the
Kosza and his companions fully considered then SO
sgnnlly overruled should Austria I'M
der circumstances which make the United States reluctant
party in the cntroversy The claim repuated by
the general judgment of Europe and this
able discover sufficient dissenting from that
decision.
appears have been right to seize
KosZa could be sustained by International she
has attempted derive it from certain treaties
captulatons by treaty and usages The slight
inexpc in which this authority is
Z Husenanus note apparently indicates if not of
If there really such authority, and of such
extraordinary character it assumed to be- would have
Austria must have clearly seem the main
strength of her case and she would have referred
10 Iaarrn flo rox-k g 1