The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-30

eharscisf oi the country Az whsch uAey ioesos -.
this rule applies equally 10 America But 10 Asa
aud Africa an iwniscIble character Is keW up. anu
Europeans trading under the pIoieeloh % isea's
take Their national character from Tie essaos""e"s uh
der winch they live and trade This rule apes 10 those
tars III the ucrld from obvious reasons OF pocy De-
cause foreigners not admitted theie as ~ Esope
and The part OF The world INTO INC general poas
and mass Of the society OF The nAlion ont ihey continue
strangers and soourneTs, mol acquiring any national
under the general sovereignty Of the county,
a. KEATS Com, 7s-gD
in England decided ia l7ss thai merchant carrying
If ade al Smyrna under the protection OF Dutch consai
was 10 be considered Dutchman as to his national
character (Wheaions Inter Law, ooa., hob Adm Re-
ports, IL
This decision has been examined and approved by the
Iurisis who have since written trealses
iernatlonal law
According 10 the principle established in this case
Koszta was invested with the nationality OF The Uni
led States, II he had IL not before, the moment he
was under the protection oi The American Coasul al
Smyrna aud the American legation ai Conslsntpople.
That be received rs established by The Iszkere
they gave him, and the efforts they made for has
release. The Charge d'Analrfs cd snkrim OF The Uni
Ted States al ConsianDope, IN letter oil the 29th OF
june addressed TO The imperial ialernancio, states Ii
presenting this declaration OF aleg To the
consulate OF the United States Of America at Smyrna,
and 10 this legation. that the sad kosZta furnished
with TsSkereh 10 10 Cons'snlnope and 10 return
10 Smyrna. whence he TO start Tor New York Since
arrival in Turkey he has resided under the protection
of my government, and il pleasure me he able
thai his conduct has always been irreprpachabe
Having been received under the protection OF these
American establishments, he had thereby acquired,
cording the law OF nations. the nationality, and
when wronged and outraged as he was. they might iD-
tepose Tor has Liberation, and Capt lngraham had night
10 cooperate with them tor the accompll OF that
object Tbeexceptoas taken 10 the manner OF that CO.
operation remain To be considered.
In reaiion 10 the department OF the American agents
towards Mr. Weckbecker, The Austrian Consul General
the undersigned cannot conceive that there can be any
ground OF complaint Nothing done with him BY
Consul
dsrespec TO The Emperor OF Austria Neither IN his pr
vae character, innctonary OF The Austrian gov
ernmeni. did Mr. Weckbeckef take open ayow-
ed part in the opening OF the outrage His agency
IN that affair al its commencement was cIandesne This
course implied consciousness on his par that the ACT
ndpensibie The fact that sought the aid oil the
cvll authority OF Turkey to &c, kosza into his posses
proves that he knt the mode he resoried 10 for
thai purpose Illegal The application OF Mr. Ofisy
10 him 10 assist IN, and consent TO, kosza's release
was certainly no offence. and implied dlsespeci either
10 him or his government
The appeal OF Mr. Brown 10 Captain Ingraham TO in
ieposr for The Liberation OF Koszla. and his advice
effect II in the way il done, must be regarded moi
only proper bul praise worthy acts, provided Captain
lngIaham's condnCi be INDICATED The Justification
Of Captain lsgraham will consequently exonerae Mr.
Brown from all Ii Captain ngrahams course
was right, Mr.. Browns cannot be wrong The com
mander OF The 81. Louis placed truly embarrass-
Ing position. Charged with the protection OF The persons
and property OF those who had right the protection
OF bis government, il the time less his
imperative duty TO respect the authorities of all coun-
tres in friendly relations with his Alter anxiousiy
considering the presented him Smyrna, he de-
termRed that he ought 10 effect the release OF koszta
and II voIdable, resort to force TO accomplish H.
II has excited some surprise here. that after conside-
ration o. The circumstances an impression should be
isriancc IN any quarter that Captain ngrat either
comIiiied or medalcd hostility towards Austria thai
occasion In passing his conduct necessary
keep IN view The conclusions established, the under
signed believes, IN The preceding remarks, for he, with
out doubt, acted upon precisely the conclusions
He believed that koszts had been seized without author
iiy, that he was illegally imprisoned, and that be ought
al once 10 be Get ri liberty.
The frs, aggressive act IN this case was the seizure OF
Koszia Smyrna, committed by the procurement OF the
Austrian INTERCHANGEABLE first improper OF
tonal ship, the imprisonment oil keszia therein
made BY the commander OF the bs Haszzr That
ship was converted INTO prison for the illegal detention of
person clothed with the nationality OF The United States
and consequently entitled 10 their protection Ii Austria
upholds IL appears she does, the conduct al the
mander OF the Huszar. she in TACT the aggresso
hs ACT OF the commander OF the HusxaT led TO the
OF other acts which constitute the ground oil conpla
against United States The alleged authority of Aus
ira under treaties being SET aside, would have
questioned Captain ANS right had he been present
10 the proceedings of the kdnappers in he
OF Smyrna and koszta from their hands. They
aching without, and against the civil authority OF
the place; they were committing siroclous outrage
upon person invested with the nationality OF the United
States II he could have properly nieriecd in The hrst
Stage oil this awless transaction, he might do the
last. The ac WAS, all lie stages, continuous wrong,
and the character oil the actors. though there
doors and il they CHANGED TO have the possession OF
national ship. and eed IT prison Tor the pur-
pose OF consumnang ihis wrong, Thai ship, thus desc
Grated, not entitled TO The privileges OF sanctuary
Those ho had the right 10 Claim, and the power to
lease the prisoner illegally confined therein might treat
prison, and while IL degraded to such
noble purpose might forget and be excused Tor forgetting
that II a national chip.
There is consideration probably not brought TO The
OF Austria. and mol sufficiently regarded by Others,
winch places the acts OF Captain Ingrahan in tue
light and pels the inference Of intended hostile demon
STATIONS towards Austria Ii the understan dlng OF
the parties that kosza should be retained al Smyrna
white the question OF hs nationality pending Cap
on the psr OF The Austrian iunconhes al smyrna and
Cons auiBope, disregard this arrangement, and
move hin clandestnely from the Huszar board OF a
steamer Tor ihe purpose OF taking him to Trieste The
information such dad not permit Captain lncaha M
doubt thai the commander Of the Buszar concurred IN
this design, and intended 10 AID carrying il INTO effect
ny the evidence oil the want OF good faith the psr OF
The Austrian fuDcilonares, which the captain oil The
Huszs Implicated, the captain OF the 81 Louis
placed ia the perplexing alternative 81 surenderng the
CAPTIVE without iGriher efforts. 10 the sad late which
awaited HIM. or 10 demand bs immediate release and an
Case OF REFUSAL to enforce H. The government of The
United States exceedingly regrets that be reduced 10
thus painful alternative but cannot ind, alter full
consideration OF ali the circumstances, any good
Tor disapr0vnC The he pursued u not inst 10
Captain Ingrahsm to look al the affair IL the
precise point OF Time when The demand for the release OF
koszta was made. The aniecedent events quality and
egaize that The Austrian functlonarIes had OBJ
tanned The possession OF the person OF koszs not IN
alr allowable way, but by violating the civil laws
OF Turkey and the rights OF humanity Under these cir
cumssnoes, their custody OF him entitled
spect from the agent OF the which, by
OF has nationality, had right 10 protect him Had all
placensead OF being taken from the territory OF the
Ottoman Porte had he been taken from that OF The I'M