Plymouth Banner, Volume 2, Number 33, Plymouth, Marshall County, 20 October 1853 — Page 1

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S-M Y-fcl fr'Al tV.i.fci. 51 r.M Uli Ell torA fö-A l4 frJ t'H LÜ t: A Family Newspaper, DcvuteJ to Location. MoraK Science, Agriculture, Colinen?, Politics. Sarkcis, Gfiicml UlcIIigfiipe, Foreign and Domestic Xer?s,

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"T HE ST A R-S P A N G L E D B 1 N N E R. LONG MAY IT V A V E. O'E R THE LAND OFT II E F R E E AND THE HOME OF THE ERA V E."

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23 kirMl JlT"" i f 'f-" S:crcUry lmj U Chevalier ilulscraiaa. Dspaetmext or State. Washismos. Sc-p: 26, 1333. The President has csrefully censi-ierf d th note of Mr. Huisemann. Ciurge J'Af-

Volurae 2. Humbcr

fau3 of his MijriSty iac "H"'- - , ure of Koszta ailj lhe Charfte d'AfTiires xria. of the 23t!i ultimo. oil.lrcssM to tins j of ulitt;d Siates ad interuj at Con-D-prUr,r.it. and tlc other Uucumems j SUM,in0,!e afierwlIa i,U?rcTdeJ will) relative to the much-rrett?d occurrenc- j the Tur 4 gh authorilit.5 with lhft Austrian e3 at Smyrnt in June ani Ju.y last wiia Coasu;.G..neral al Smyrna and the cuma vit-w loasfsna-n the nature of tiu : trilluUt of lhe Auslfidll brig of war for cn,ntIaint9 therein prefarrcl ignost the hjs re;edät,t ou lhc Rroua cf llU Ameri Atn.ricin oHuers fngel n U.at attatr.i nalil.IldlUy Tosuppert this claim an.t for the purpose of giving such satis- j liogzU.s orj.Uilil certificate of having fjcliou as Austria mi-ht be enuila i j njsi, under odth, in a court in New York, jecpive in cass he should find that Us" j a declaration of intention to becoma an o.Tkers had nrt duly respected h?r ny,:.- j meriCAIl citizen, was produced at Smyr-

inou 'U diitmu Vfr' R'f, ,r0fn l"p transaction in a diiT-rent li'u front that! in which it i3 presanted by that go'-era-me nt. It is tiie duty of ths undersigned to present thse reasons to Mr. Ilifsenrinn. j and ha will fail in his intention if. in I performing this duty, h does not evince a friendly spirit, and avoid. a3 fir as can be dour without i:npairiiig thj full strength ot the case, th nitro i uction oi topics tu which cither Mr. Hulsemaua or l;i3 gOYornm-Mil can take exception.

views presented by Mr. UaUeminn 'e.j'j., hand3 of the imperial Austrian ' proceedings of independent States in re-J admitted its justice, and commended the xnicr'nn., of t.ie L ni tea Slates at Consta n -1 knovIedcd himself tobe a subject of bshutf of his government, ths President j j tern 'iiVciu aT Constantinople. The ap- H'011 10 fXtruditioa. No Stale can de-1 firmuess and humaniiy of the Sultan for j tinople. writt-s that in an interview with : the Emperor of Austria. The passage tili indulges the hope that trie exposition ! .;',':' .La officers at Smvrna for nud from any oihrr, as a matter of right. his course. i Chehil Eifnvji, also a Turku-h oiurer of! when clostlr examined, sliows that the

of the principal reason on which his own j f- a? weil fl8 that of Mr. j 1j f urreuder of a native -bora or natur.I- I It i to o regretted tuat th.s ctaim for , higii ran and great experience, in which . alledged ack

conclusions ara founded will induce h:s j p, , lfi l0 ßdron ixed cittz.i or subject, an enurant, or i tr:.s surrender of Koszta livI his couapau- j the ahair it fcrnyrna was aiscussed, he , fere nee from Mafesty's Koveriimnt to loo at lha j . i. . . ne:r at Con- even a U'siUve from justice, unless tha ; ions, e i ul iy cousi-.trei. th.en. mid so; observed that Austrian governmer.t , language of t

lu bring out conspicuously tiid qus- j f e 1 1 it his duty, as it unquestionably was, tioa to bs passed upon, it seems to thi to inquire into the validity of KoszU's uuiersigied tht the f.cts should be more claim to American protection. He profully and clearly stated thin they ure in ceeded with deliberation an I prudence; Mr. Hulsemann's note. jand discovered, what he considered, just Minin Koszta, by birth a Hungarian, j grounds for inquiring inta Koszta's claim end of course an Auitrian subject al tht ; lo be discharged ou account of his Amer-

time, tos an ncise part tn t.ie political movement of IS 13 '4U. dsign-d to d?ttch Hingary from the dominion of the Hmu-'ror of Austria. At thj close, ot that disastrous revolutionary movem-nt. S.oai:a, with cun others engicd in the sarn cause. fl-d from the Austrian dominions, and lovii refuj in Turkey. The extradition of these fugitives, K -zta among them, wis dern in .Isd uul preyed with

great vig ir by Austria. Th-y were, how- IV1S nol complied with bv a certain hour. Pow; but she did refuse, and the citiI-j concerning the question oi nalioiulity, wiacn could justify or m i

t rer, conSnd at Kutahia. hut at length i Forlunatelv. however, no force was U3ed. lzSv wor'l justified oni .commended the ,-t'ie Lonsul-ueneral oi the Lmperor at j tenunce the seizui or imprisonment of '

1.-.-.J . .. . I.,.. T. i : 1... I. . ... . TV t O.-.0 T?iic ib n'v .J- .-!l-rii WhJ It'll !n:it i'iimIi lurUci r mt. W htn Iiv t U o : v . i l f . c t i t : , ' I

express agreement of Aistrii. tint they I ris-mer wa de!i ered to the custody of their rcspectire demands on higher i Ulicd when, in virtue uf those trea'iesj Uut if Auatria really hts sach authori-1

should leave Turkey and go into foreign j t;ls. Frcnch Consil-Genral, to be kept by .j -ii it.

parts. Most ot tasm, it is Deiisvect, oef ore thy obtained their release, in iica ted 111 United Slates as th? ciuntry of their exile. It is al'edgd that Koszta left Turkey in company with Kossuth this i3 reirhd as doubtful. To this sentence of biuishrn-iiit for such is tf;e im charatsr of their expulsion from Turkey Aus;rig4Vr! her consent: in truth it was tl3 resu'.t of iier etfjrts to procure thiir xl:s iitiun, and vi3 accepted hy her as a fcubilitut:;. Sii2 had a.enis or commiss'uueis at Kutahia to attend to their cm-! lurk-ilia i. au 1 to hei lhe legal conseque.nces of this act are the Ksme as if it lui been done directly by herself, and j not by the agency of th Ottoman Porte. Koszta earns to the Uotted States and crlected this country for his future home. On the 3lst f July, 133'i, he made a declaration, under Oith, before a proper tribunal, of h: intention to become a citizen of the United States, and renounce all allegiance to any other Stile or sovereign. Afier remM'ii.ig here one year and cleren rao'hs, he returned un account, as is alledg.-.J, of private business of a temporary chiract-r. to Turkey in an American vessel, claimed th; rights of a naturalized American citizen, and oiT-:red to place hitnself tiuJer the protection of the United States Consul atSmyrna. T!ie Con sul at first hesitated to recognize and re-

ceivad him as such, but afterwards, and i 10 we sovereign; oy otiiers u is considerisometimsbefo.e his seizure, he and the 1 e J a Tnical connection in the nature of

American Charge d'Affjiires ad interim at C instantiiiople, di i extend protection to him.and furnished him with a Tizkcreh a kiii J of passport or letter of safe con.luct, usually given by foreign consuls in 'furkey to persons to whom they extend protection, as bv Turkish la ws thtv have a right to do. ' It is important to obj.-rve that there is no exception taken to his conduct after his raturu to Turkey, an 1

that Ausin t has not alledged that he wa"Sau countries a nome. ana reieci any wnere - .!.. . i. ..rr "., i . i e

therefor an political object, or for any other purple than th trausictton of private bu.-riess. While waiting as is alleged, for an opportunity to return to the United States, hi was seized by a band uf lawless men freel v. nerhins hnrshlv.

character ed in the despatches as ..ruf I ih p?op!e. or has become oppressive to Cans." -Greek hirelings," -robbers" j individuits this ruht to withdraw rests who had uot. nor did they preten 1 to have, ; on 08 ftrmu ba8,s' am.1 ,18 s,miIar. 111 pnnciany color of authority emtuatin from ' pi- to the right which legitimatiz.'s resist-

Turkey or Austria, treated with violence and cruelty, and thrown into the sea. Immediately there after be was taken up by a boat's crew lying in wait for him, belonging to the brig of war Huzzar, forced on board "of that vessel, and there confined in iron3. It is now avowed, as

it wa3 then suspected, that these despera- ing due consideration to the fact that the does were iastigated to thi outrage by parties to the question now under considthe Austrian Consul General at Smyrna; j eration are two independent nations, and but it is uot pretended that he acted un-, that neither has the right to appeal toils der the civil authority of Turkey, bu on j own municipal laws for the rules to setlit contrary, it ts admitted thit, on appli- tie the matter in dispute which occurred

1 cation of the Turkish Governor at Smyrna, j thit imgisirite refusnl to grant the Aus- : trian Consul any authurit to arrest ! Koszta. j The Consul of tha United States at i Smyrna, as soon as he iVaril of the soiz-

! nnd an imoerfect codv of it was u!c ,u, - i - - ij j aiantinople, was fruitless, and it bsrame notorious al Smyrna that there wos a eet na before thi design wag exftculed. The commandr of the St. Loina, from the representation of the case made to him, ct uatiunilitv. During the pendency of this inquiry he received notit of tj,e lesion to take Koszta clandestinely, be lore ths question at isöue was settled, in to the dominions of the Etuperor of Autuit. As there was evidence of other HaJ iciith besides the discovered devign of Avading the inquiry, Captain Ingraham demanded hi release, and intimated that be shou'd resort to force if the demand him until the United Statt and Austria should agree as to the manner of dispos ing ot mm. This full staternestof lhe facts is deem"d important, as it will correct some, error arvi aid in ptesenliug with moredisituctnees tha questions to b discussed. Tlia undersigned will now proceed to present the views of the President upon i ihis transaction, and his reply to" these j ieverl demands. it:,: " t . i . i ins I'lijitnai .iijteij usiiiBll'lS l.iai ilm I govtrnment of the ,T , - . , ., e United States Ehall . ... , ... ba delivered to htm: . ' direct .vosxta to th-it it shall disavow the conduct of the American agents in this afloir, call thsm to a severe account, a:d tender satisfaction proportionate to tire outrnge. In order to arriva at just conclusions, it is uecrg44ry to ascertain and clearly define Koszta's political relation with Austria and with the United States when he was siz-d ut Smyrna, This is the first point ! which naturally presents itself fir consid eration, and perhaps the most important one in it3 bearings upon the ineritsof the case. There is great diversity and much confusion of opi nicn as to the naturo and obligations of allegiance. By some it is held to be an ind-structable tie, and though resulting from the mere accident of birth, yet forever binding the subject a civil contract, dissoluble by mutual consent, but not so at the option of either VY- The sounder and moie preva'ent doctrine, however, is, that the citizen or i sJfiCt. naving launiuiiy periormea the past and present duties resulting from his relation to the sovereign power, may al an lime re!ease himself from the ' oDiigiimn oi aiiegianca, ireeiy qui: tr.e 1 Ia,l J of birlh or adoption, seek through that which offers him the fairest prospect of happiness for himself and his posterity. When the sovereign power, wheresoever it may be placed, does not answer the ends for which it is bestowed when it t is not exerted for the general welfare of ance 10 lyra,,n.v The conflicting laws on the. subject of allegiance are of a municipal character, and have controlling operation beyond territorial limits of the countries enacting them. All uncertainty as well as con fusion on this subject is avoided by giv

tied desij-u on the part of the Austrian ' .,, : . . 1 . . !.:.. . .1 .. .. - . , ,

ollCii to cunvcv 11m c 111. es! ni- r to . --a-- . I. . 3 - -- .

. . : . .... !fh u-.iit Uhr uii;,:n;iiH. 1 1 i : j c jü Lr.iver. v. 1 ! rjj.ir.i r.ri n'cn : ioi t'.; , : :r:ore 1 i'1 vp irr::n 1 nr . v . im;.) ir.A i.t it i, n j

r .,.:,.;. 1 A i,.v,:,:,, surren ler :uiicai ouenuers, l una in inis i repuniaieu oy in- g.-.nerai jUJgmeni 01 j upinu ui nt 1 pui.ic men, m insi ne e;hi consiüerea ium

the Kmn-ror of Austria. OpMoriinelr c,aS3 Austria p!i':3 Koszta.) is not & du- Europe, and trns gav.-ruraeht is unable to 1 opposition to cht treaty claim of Aus- ject of l::e Lmpercr." lha Unite I Stiles slo - 'f .,r ih St xYl but on the conti;.rv, compliance with discover any suffieiert reason for itUeen.- ria. The. government of the Torte has . referred to in support of tliis

i ' 1 r n i surh a demand would b1 CP"5iJtIeJ a hng from that incision. pronounced a jucgmeni m relation to lhe not given, but is uudoubtei

iniir-hmi arrived in tha harbor of Snvr- honorable subserviencj to a foreign pow- Aussria appears to hare ceca hwm j seizure i.t4. w.uc.i. Austria herself, spouse Koszta is reported to

Plymouthj Marshall County,

within the jurisdiction of a third inde - pend-int power. Neither Austrian decrees nnr American laws cm be properly invoked for aid or direction in this case; but international law furnishes rules for a correct decision, and by the light from this source shed upon the transaction at Smyrna are its trur. features to be discerned. Koszta being beyond the jurisdiction of Austria, her laws wers entirely inoperative in this case, unless the Sultan of Turkey has consented to give them vior within his dominions by treuty stipulations. The law of nations has rul -s of its own on the subject of allegiance, aud

disregaidsg?neral!y all restrictions irnpes-! interested nut only rulers and statesmen. 4 treaties did not provide fur the exiradi- ship. The note of Mr. Hulsemann coned upon it by municipal laws. j but the great body of the people of every! tion of political offenders. j veys the impression, though it does cot

This in rendered most evident by the demand is authorized by expreß treaty stipulation. International law allows er, and an act meriting the repr'u of mankind. As rendering needless further argument on this point, the undersigned will recall lo Mr. Hulsemanu's recollection what took place in IS IU and IS50, in relation to the reclamation of Polish refugees in Turkey by llussia, and of Hungarian refugees, (of whom Koszta was on.) b7 Austria. Tf.is demand waa made in concert, ns it were, bv iwo now - e r f ii i sovereigns, while their triumphant armies, which had Just put an end to the ! revolutionary - movements in Hungary, lj stood upon the borders of Turkey, will: the power to erase her name, from lit t übt . r Cl... . : ..l. ... 1 1 . '. m ii j uuiis, o.4V. lu i aLu 4 fii ouuii ikiiii for herself, es the nations of Western Europe apprehended for her, that a ref:'isal in her critical condition would put in jtopardy her existence as an independent gruundä than a right of extradition under the h'.v of nations; they attempted to strengthen their claim by founding it upon tha obligations of existing treaties the same, undoubtedly, that are now urged upon the consideration of the United States. Iiussia and Austria, however, both submitted to the refusal, and never presumed to impute to Turkey the act of refusal as a breach of her duty or a violation of tir rights. To show thai the verv same cliims to j right now et up in this ce wero orrrruled and repudiated in IS PJ an ! , , . . .,, , , ! the undersigned will refer to the i ft. , foraneous views of ennnant 6 nd 1S0Ü, col-em-poraneous views ol emmant statesmen in regard to the conduct of the Sultan in refusing to surrender, on th8 demand of Austria and Russia, ths Hungarian and Polish refugees who were claimed by these powers as rebels and traitors. Sir Stratford Canning, the British ema bassailor at Uonstunt inople. entirely ap proved of the Sultan's roursa on that oc- '. .... . . casion, indeed he advised it. In a letter to his Eovernment, dated the 3d of September. IS IS. he cays: 'Cn grounds of humanity, not unmixed with con-ddera-tions 88 affecting the Portes character and futurw policy. I have not hesitated lo advise a decided resistance to the demand of extradition. " From another letter of this embassador, dated the 17th ef Doceinber, commenting on and commending the courageous firmne63 of the Sultan in . refusing tha demand of those powerful emperors for the surrender of theso fugitives on lhe same pretence, as no.v et up by one of them to jußtlfy the seizure ol Koszta. this extract is taken: "Allow me lo add, my lord, that in proportion as I admira the. courageous! firmness with which the Sultan aud his government have determined to rr.ke this stand in the case of humanity and of the rights of honor and dignity, agaiust a demand alike objectionable in substance and iu form, I feel a deepening anxiety for the result of their resistance, and for the degree of support which her Majesty's government and that uf France may find themselves at liberty to afford, not only in the first instance, but in still graver circumstances, should the pieseut partial rupture unfortunately assume a serious and menacing character." Iu these views, the French Minister resident at Constantinople fully concurred, and so did the British and French governments; and both were prepared to espouse the cause of Turkey, if her humane and honorable course in refusing these unwarrantable demands had provoked the resentment and brought down upon her the hostilities of these mighty potentates. The opinions of other distinguished men, approving of the decisions of the Emperor of Turkey in refusing 10 surrender the Polish and Hungarian refugees, both on the ground of humanity and right, have fallen under the notice of the undersign-

Indiana, Thursday, Octohor

jed. hut he has forborne to quote them on

accjunt of tha unworthy motive ascribed tinople, says: jul righto, lvoizta had, m Austria, no retherein to the powers nuking the demand, . I 'wave had several conversations on t dress for personal vrong3. and abroad he and the. hirsh epithets by which their cou- ; this subject with the Minister of Foreign had no claim to protection from lhe gorduct is characterized. i AtTirs and with Ali Pacha, Governor of i erjmeut tlia: would still held him es a It is an incident of gre.it ciguificance, .Smyrna, at the time the affair too!: place, j subject. He -vas, in regard to Austria. and bearing authoritatively upon soma These distinguished perscii3 erR very far : an outlaw. Vht right can a sorerof the moil important questions now from expressing any dissatisfaction with j eign have to the allegiance of a person, raised, that the cjse of Koszta, (for ho tha course pursued by us. They sustain j reciced ty him to such a miserable conwan one of the Hungarian refugees then the view the legation hastaken of the le-' dition? It seems to have been the very demanded.) wtis fully discussed in 1349, 'il character of the question, and A!i j object of the Austrian decree to dissolve uot only by the parties, but throughout: Pacha informs me thut a few year3 since, 1 the previous political connection between Europe, bud decided giinst the right of j the. Austrian go v f.rninent refused to sur- j the "unlawful emigrant"' and the Empe Austria to require this extradition, either; render the Forte, Turkish reb.-ds who had j ror. In Russia's ca;e it was dissolved, under the law of nations or existing trea- , fle.d into A.ustria on the very ground now Some im porta nee seen;s to be attached ty stipulations. This decision deeplv ; taken by the Porte, namely, that the j to Koszta" own opinion of his citizen-

country. They investigated its merits,' j signally overruled, should epin revivJ cd by Austria uoder circumstances which be sustained by international law. and I ahr- has attempted to derive it from trealies, of 'ancient capitulations by treaty iivua uj urnij and inexplicit iborit is advertusage." ine very s.ight manner in wh.'fh una aut :d to in Mr. Hülscm nil's note appurent-i,-iuJiisiUä, if not l'nt of contideuce in it. at leatt a desira not to have it scrui ttnued. It tiiere really was uun an au - thotity, and it wusof such an extrordina - j ry o

ry character as il is assumed to he, u i m tne koszta aiiair. i urKey, the ofTend- examined, and made the declaration impuwould have eousli i u led. as Austria mas! 1 Pdty exonerates the United States.; ted to him, say?, in wrilinK to the Min-

' ha clearly seen, the main strength of j hsr case, aud ehe would uot have referred; i t I t I it nri n nxi ir us In Ifi.r j 'i'1-" " w i . u vjici j very existence of it open to doubt or i question. The. paragraph referring to it j is the following: j "As there can b no doubt, therefore, wnicti suDjeci Austrian suüjtrcts in Iurkey to consular jurisdiction, he seized the peisun of Koszta within the pule cf jurisdiction." his If there besuch treatice conferring such a power with such extraordinary means

of enforcing it, strange indeed it is that' tied by international law, the only code! Huns")"- 0e s an object cf his avermore prominence is not given to the fact! watch furnishes the rules by which this!s'ou lh oiherau object of his love. Hi in Mr. IIulsL-mann's commuiiicaiiun. j question is to be determined, there is no ' "-tins t dustered around the lend of Why are the dales of these treaiies witU-jood reason lor adjudging him to have j ":s birth, m-tfi the more intense Icheld? What i still mure iuipoitanl. why j Dtrn, when se.ized i iiuytun, an Austrian Case he thought-that country had been

is not the Unklug. conveying this au - i ihority quoti? Tbc i:u If ifeinf.l is constrained, for reasons he will briefly assign, to question the act urncy cf the interpretslion which drtves ih- right claiu.t d in the above paragraph from any existing treaty between Austtia and the Ottoman Porte. The Austrian intirnuncio at Constantinople, in a conference with Mr. Marsh. the American Minister resident, spoke ul such a right es derived from ancient capit uiaiiuus by treaty and usage. " It is not J . ... . . shown oralledged that new treaty stipula- ; lion since lb I'd have been eutered into! by Turkey and Austria. The 'ancient j capitulations" wre relied on to support j lhe demand in that yea: for the surrender ol trie rtuiif b rii n reliifeej- thev vi-cm ... . O D - J - " - scrutinized, and no such authority is now claimed was found iu them. The French and English ministen at ! C mstuntinople, who advised aud sustained the Sultan in resisting tbe demand of Austria lor their extradition, would not have given such advice if they could have found in existing treaties any authority for that deniind. or any obligation on the part of the Sultan to yield to it. Lord Palmerston. then her Biilannie Mijesty's principal Secretary of Stale for Foieigi: AGairs, carefully examined these treaties, and expressed his conclusions therein iu a letter to Sir Siratfurd Canning, dated 24th September, 1S4'J. In this letter, which contained on extract from one of these treaties that of Belgrade aud referred to the. claims of Austria founded on them, for the .surrender of these refugees, he says: "The utmost that could be demanded, would be that thy, (the refugees.) should not be allowed to reside permanently in the Turkish empire." Coming down to a later period to the very transaction at Smyrna abundant reasons are found for deriving that Turkey was then under any treaty obligation to deliver Ko?zta to Austria, or that her Consul General had authority to seize him. On this subject it is allowable, to resort lo the declarations of the publicmen of the Porte as evidence in regard to an itssue of this kind. Their explicit denial may be fairly considered as equivalent to Austria's affirmation without proof, where proef, if it existed, could be so easily adduced. In a despatch to this government of the 4th of August, 1 853, Mr. Marsh, the

20, 1353,

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American Minister reeideot at Constan - Mr. Lrov. n. the C.iarge u Affaires, ad j does not possess ti.-e power by treaty to . ariest any one ou Ottoman toil for politic - s protested cilusl conduct of the Austrian a - j gents in that aiiair as unluwful and a vi. ; oiation oi its sovereignly, but not one ; - - ri" J uyc j word of complaint, not a murmur of disj satisfaction, from Turkey, egainst the conduct of the functionaries of the - Uni - led Males at Smyrna, has yet reached this! government. This is certainly an ano.n- ! .olJu3 cr;ai".i0 me united: j States for violating t!e rights of Turkey! j üad Frou s "iinst Austria, our accuser, Ior lhe very tame olicnce. ! Thpc rnn.-ijitrf ii'n? Ii .- T A it. . . .im- vmhiui lununc nun im ineu;j-i j designed, as he believes tliRy leij Bi j oihars who duly reflect on them, to the ; confident conclusion that there exists noj j treaties between Austria and Turkey ! ii y wny codn ty oy triaties as sne iioffcUnns, it conI tesfccJly extends only to '-Austrian ubjecta. it could net, therelore. be applied to Koi-ziu, unless he was such a subject at the lime lie was seized. If the question o! hi uatioualitv is lo be s.t. ; aubjeet. Ba: tsitlf this qucitioa, Aus - Iii would have it Sellien, bv n:i appeal to he' own civil code, the suit will be j the same. By the consent and procurement of the j Emperor of Austria, Koszta had been rent into perpetual banishment. The Emperor was a party to the expulsion ol the Hungarian refugees from Turkey. I ne sovtreigu by sucn an act deprives his subjects to whom it is applied of a1! iheir ri 'hts under his government. He rdaces them whtrr he cannot, if he would, afford . . ' them protection, by such an act, he releases the subjects thus banished, frn-n the bond of allegiance. Any other result! j would make the political connection between the subject and the sovereign a

state of unmitigated raesilage, in which i fortunate companions. In this forlorn all the duties und no rights would be on! condition he could not have intended, by one 6ide, and all the rights and no duties l,le language ascribed to him. lo acknowlwuuld be on the other. Koszta must bejcJbc anY unbroken lie which then bound regarded as having been banished by Aus-1 '1m lo lue emperor of Austria, tria, for he was one of the Hungarian! Tlie uudeisigned i3 brought, by a fair

refugees whom sha procured to be expelled lrom Turkey in 1651. They were re leased from confinement at Kutahia, on cendition of submitting to perpetual banishment, und hlle had two persons present at their departure "who claimed and obtained there an active share in the arrau jement. Koszta could never, thereafter be rightfully demanded as an Aus -

trian subject. dormant, and in no way called into acThe proposition that Koszta at Smyrna tion. Under these circumstances Auswas uot un "Austrian subject," can be tria without any authority Turkey exsusiaiued on another ground. By a de-1 ercising none and lhe American funccree of lhe Emperor of Austria, .on the ! liunaries, as Austria nsscrts. having no

2 i ill of March, 1SD2, Austrian subjects leaving the dominions of the Emperor without permission of the magistrate and a release of Austrian citizenship, and with an intention never to return, become "unlawful emigrants," and lose all their civil and political rights at home. (Eucy. Amer. Tit. Emigration, 2 Kent's Com., 50, 51.) Kosztu had left Austria without permission, and wilh the obvious and avowed intention never to return. He was. ! therefore, withiu the strict meaning of the imperial decree, -an unlawful emigrant.'' He had incurred and paid the penalty of that offence by the loss of all his civil and political rights. If he had property, it had escheated, and he. was reduced to a state of worse than absolute alienage; for aliens have, by right, the benefit of the civil laws for protection, in w hatever country they may be.' Stripped - by

Whole Number 85.

3 j this imperial decree of civil and pcliliccontain the express averment, that he acnowlei!gmer.t i3 enly tn inundiscloscd premises. Ths be note cn the subject is the . following: ,4Th2 very declaration of thai ; refugee on board af the Hussar, in the isul and the ouis, snows self as a subdeclaratto a inference, is ilv the rehave madei ; wiit.a interrogated os to his being an i American citizen: am a Plunrsrian. and will live and die a Hungarian." Mr, ; mown, the Charge d Aflairts cd interim. ; wuu, uib iiaic u Iviioiua uu I it 117 I 111, of tha United States at Constantinople, j who wls no, ut Smyrna at any time duJ ring the irausacttoa in relation to Koszta, stated m a Inter lo Baron ue Brucl", something like the foresting declaration: oui apt. mgraiiam who ss present. s Mr. lluis-muun states, when Koszta wts , is:cr Resident of the United States:"! am ustoniihed to s?e vir. Urovn's letter I 1 ot 1. .--!.. o....'.-j i : ir r- . niui urtiain-i liilllDCII, Oil uur JJlSl interview, a Hungarian; I did not hear I;i,r: so-" mjy well he doubted whether Koszta ever used any snch Ian-Su-:fte- Si.ould it, however, be admitted ! Vlldl lie Ul-' IKat;e lhat cr a similar itcciaration, u cannot be lairly unt'.erstcoa to triply an acknowledgment that he was tin n a suhj.-ct of tie Emperor of Austria. To apprehend rightly r. hat he meant by such a declaration, ilis proper to cert s'nler his situation, his known sentiments aud his antecedents In his mind no j two things could. proSubiy i be mere dis- ! "ct frcm cscli other thnn Austria end ! crtii-liy wrcr.god, and he Rcew it wes ua- ! f4,rtm:ut? In visions of the future. i n" Sdv a happier destiny for Hungary. He saw her standing proudly among the ! independent nations of the earth, under a clement government, emanating lrom ' lhe will of the people, and dedicating its ; constitutional authority to tue:r general weiijre. In the fdllen conditioned Hungary, he thought it would. he. base to disown her. and glorious lo claim her as the ! land of his birth. His situation when tllis declaration is supposed to have been ... . j "Jaue, is also to do regaruea in nnerpret i ''is words. He was in the hands of Austrian agents, loaded with fetters, and warned of hisown doom by the KiiowlI c,53 ' tlie Sad fate of so many of his unapplication of sound principles of law, and bv a careful consideration of she facts to this important conclusion that ihose who acted iu the behalf of Austria had no right whatever to sieze and imprison Martin Koszta. It will be conceded that the civil authority of Turkey, during the whole pe- ; riod of the occurrences at Smyrna, was right iu behalf of their government, to interfere in. the ufiair, (a proposition which will be hereafter contested,) w hat, then, was lhe condition of the parties at the commencement of the outrage, and through its whole progress? They were all, in this view of the car-e, without tho immediate presence, and controlling direction of civil or international law, in regard lo the treatment of Koszta. The Greek hirelings. Jioszta their victim, and the Austrian and American agents, were, upon this supposition, all in the same condition at Smyrna in respect to rights and duties, so far as regards that transaction, as they would; have been in if it had occuired in their presence in some unappropriated region, lying far beyond the confines of any sovereign State whatever; they were the liege subjects of thalaw of nature, moral agents, bound eich s nd;.adl alike tjclajY -tja precepts of