Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-10-11

will, and 10 his great delrment. Inter.
national law looks only to the national
character in determining wha, country
has the tight to protect ia person goes
from this country abroad with the ma.
lionali,y of the United States, this law
cnjoins upon other nations 10 respect him
in regard to protection as al American
citizen. II comedies 10 cvery country
the right 10 p'otcct any and all who may
he clothed with ils nationality. These
are impoTIon! principles in their bear
ines upon the question presented in Mr.
! fluI.emun's note, and are TOO obvious 10
be contested; bu, as they are opposed toI
some Of the positions taken by Austria,
the Undersigned deems il respectful, in
such ease, to sustain them by reference
10 nu,hori,ics."
"Thc question ofiomicil is then ar
guci AT length, clearly proving, in Mr..
Marry's opinion, the right Of Koszta to
American protection, and that he was
only temporarily absent from the United
States on business.
One other strong point is, that it is
not alleged by Austria tina, koszta was
engaged in any improper Or unlawful
business in Turkey.
1t is further stated that Koszta had re.
ccved ,czherah from the American
Consul, in accollance with practice
under the laws of Turkey and other
Eastern nations, empowering the consul.
alcs therein TO receive under their protec.
Iion, strangers ard sojouners, whose re.
ligion and social manners do not assimi.
late with the religion and manners oI
those countries.
The persons thus received become
thereby invested with the nationally Of
the protecting Consulates. These Con.
sulatcs AMI other European establish
ments in the East are in the constant
habit Of opening their doors for the re.
cep,ion Of such inmates, who are receiv.
ell irrespective Of the comfy Of their
, bath or allegiance. 1t is not unc ommon
for them to have large number OF such
proteges.
"The first improper use Of a National
shp-the imprisonment ofKoszta there.
in was made by the Commander of the
austrian brig Huzzar. That ship was
converted into prison, for the illegal
detention Of person clothed with the
Nationality Of the United States, and
consequently entitled to their protection
If Austria upholds,as it appears she does.
the conduct Of the Commander Of the
Huzzar, she is in fac, the agesessor.-
This act Of the Comman of The HUI.
gar led TO the series Of other acts which
: constitute the ground Of complain, a.
gainst the United S,:tcs.
"The alleged authority Of Austria un.
der treaties being set aside, no one would
have questioned Captain lngraham's
right, had he been present. to arrest the
proceedings of the kidnappers in the sis.
OF smyrna, and rescue Koszta from their
hands. They were acting wi,hou, and
AGAINST the civil authority Of the place
--lhey were committing All atrocous
outrage upon person invested with the
nationality Of tie United States. II he
could have properly inlericrreL in the
first stage Of this lawless transaction, he
might do so in the last. The act was. in
all It's stages, continuous wrong, and
he character nf:he actors, though there
was succession of persons, was the
same. They were all ng.doers, and
ifihey CHANGED to have the possession Of
a national ship, ard converted it into
prison for the purpose Of committing this
wrong; tha, ship thus dcsccra,ed was no,
entitled TO the privilege Of a sanctuary.
"Those who had the right TO claim,
and the power to release the prisoner il.
legally confined therein might treat itas
prison, and while it was degraded TO
such an ignobIe purpose, nigh, forget,
and be excused for forgetting tina, i, was
a national ship"
Secretary Marcy concludes as follows:
"Being convinccl that the seizure and
imprisonment Of Koszta were illegal and
unjustiiable, the President also declines
to give his consent to his deliver, TO the
Consul General Of Austria, at Smyrna.
But, after a full examination the case.
as herein presented, he has ins:ruc ted
the undersigned to communicate to Mr..
Hulsemann. his confident expectation
that the Emperor Of Austria will take the
proper measures 10 cause Martin Kosz.
ia to be restored to the same condition he
was in, before he was sezcI in the
streets OF Smyrna, on the 2lst of June
last"
From WASHINGTON.