I ;?*v.'.‘:;rr mnffrwuh »: I Q«B C0pV:08B VB<kb.l*ri:ADVANOE. IIP WOT PAID WITHWjitWRBB MONTH. ‘ a6 IIE HOT PAID WITHIJH.BIX MONTH®. * M E: ur SOT PAID WITHIH HIRE MONTHS. 1, 4 S’ »f ( NOT PAID WITHIN TW.EUVB IiONTUB, «* I I NilHos«H»iMßiwlin>'«allowed ualllalla»r«»fa*«»>»»** bmtiH. ,],V(Um.Vm. | i DUttf ARDEIA6ILITV OP POBTMABTERS- E BotMtotarl *»lhoniVlo wbon* r °* ib ' fe^assfi^ssMs lh * ° ol|plT THEfIMfBITfrAFFAIft. 1 Mr.Tdarcy to Mr. HtitUmann. - 1 , DkiRAiiTMK NT of State, \ 'Washington* September 26, 185&. t"The President has carefully considered (ho note of Mr. Hulsemann, charge d’Af tkires of hia Majesty the Emperor of Aus- Wja, of the 2ffin' ultimo, addressed to tins Jepartmont, and the other documents te- WtWfo the much-regretted occurrences ilStnVrna in June and July last, with a (few to ascertain the Mature of tho.com tfiitits therein preferred against the Amcri in officers crigaged in that affair, and for ho purpose OF giving such satisfaction as Austria might bo entitled to receive in case should find’that these officers had not Itiljr rfcspectcd her Tights. Though differing very much from the Jridws presented by Mr. Hulsemann on be yhhlf ot his government, the President still indulges the hope,that the exposition of the reasons on which hts own con ilusions pro founded will induco his Maj lity’s governtfieh.t to look n’t the transac ion in a different light from that in which t is presented by that government. ' t-s • It is the duty of the undersigned to pre ;;S#ent these reasons to Mr. Hulsemann, and .on ho will fail in his intention if, m perform -1 this duty, ho does not evince n friend avily spirit, and avoid, so far ns it can e without .impairing the full strength or 'k'itho case, tho introduction of topics to )• <hwhich either Mr. Hulsemann or his govern j . irtent can tafte exception. ; ‘‘To bring out conspicuously the ques < lions th'bepassed upon, it seems to the un . dbriigned that-the facts should be rooro fol - .ly'ahd Clearly stated than they are in Mr. * note. ' ' . “Mnrtih Kosztarhy birth a Hungarian, dad ! bf course an A-ustrian subject at that , Umfe, took tm opert and active part in the i rfoiitical movement Of 1846-M9, designed - td detach Hungary from the dominion of ■ theEmpprorof Austria. At the-close of thht disasttous revolutionary movement, Kbsztd, tvilh many others engaged in the '.l'same cause,, fihdVfmrn the Austrian do . . riiinldhs-, and took refuge in Turkey.— • The oxt'raditibn of these fugitives Kosz ta among tHemrWns demanded and press ed wtih groiit vigor by Austria, but firm ly resisted’ by thoTurknh government.— They were, however, confined at Kutahia, but at icugih released, with tho understan t ' ding or by express agreement of Austria that they should leave Turkey and goanto > foreign pa'rtd. Most of them, rf is bel.cv- I ed, that before they obtained their release, indicated thq: tlnited States ns the country of their exile. It is alleged that left Turkey 1 in company with K ° S n j .bit 1 - . tptbis believed ii> bo a mistake, and.that - he engaged ‘n tyer to return—this is to gjr- I ded-wSodWtil. : -'Td Ups sentence of ton ‘ i iahthent—for such is the true character of • a thoir "expulsion , from Turkey—Austria k gave herconseht *. intruth, it was the re ■ k efforts to procure their extra v dition, and was accepted by her as a sub i.i So for it. She had agents or com =; i. l f sinners, at Kutahia to attend to heir era 2 . halrkdtipn, and to her tho legal conse -15 | duences of this act ore tho same as if it *•/ had bebridohe directly not 'by the agency of tho Ottoman P • fi Koszta'carno to, the United States and sa il-F; lected this country for his future homo. S Ou the 31st of July, 1952. he made u » fe ; declaration, under oath, beforei » K V tribunal, of his intention to become act Jl ■Ln Of tho-United States, and renounce a! alleelnnco lo toy olher Sloteor »»nto>. .«f “ Alter romMoiig tan «o i«r ond 010.. o > . 'on booths, lb returned on account, as is H iss J'l ? - fctXSui-i.js-M* *?£• 5 H^^S&TSSSti | IfeteSS^SS^t * f IWS&£S3S*«a£ Khrshly. : dhhracbrized lh the dos* ttd crudliy, and'thrown !io-iea. ;i J tbtnediately thereafter ho #^ t 0 X “upby a boat’s crow,- lying in W- Was e^^Li olH! jn«»-to the Austrian liS&o>SS ; hS:jp«<? “ "C iojflii* r pvitrnfe o if .vU,,^tt^i , iVot-|irofend- ;* no? r * 111 Jnllt i',, . r f '.;, . , *1 ' ij; 11 'i;j' ■•, i»■ M• 11'(. 1 .’ “H •’ tlr )• O. i > l ' 4 *' ' : ' - I i.»:1 .i i I '.u >t U • “ *\ f . A WEEKLY PAPER : DEVOTED TO LITERATURE, AGRICULTURE, MORALITY, AND FOREIGN AND DOMESTIC INTELLIGENCE^ Volume A, led that, on application to the Turkish Governor txt Smyrna, that magistrate refused to grant the Austrian Consul any authority to arrest Koszta. The Consul of the United State HtSmyr na, as Soon as ho heard of the seizure of Koszta, and the Charge d’Affaircs or the United States ad interim at Constantinop le, afterwards interceded with the Turkish authorities, With thb Austrian Consul-Gen oral at Smyrna, and the commander of tlio Austrian brig-Of War, lor his release, ori the ground of his American nationality. To support this claim, Koszta’s original certificate of having made, under path,.in a court in New York, a declaration of in tention to becomo an American citizen, was produced at Smyrna, and an imper fect copy of it placed in the hands of the imperial Austrian irtternuncio at Constant inople. The application to these officers at Smyrna for his liberation, as well as that of Mr. Brown, oUr Charge d’Affaires, to Baroride Bruck, the Austrian Minister at Constantinople, was fruitless, and it be came notorious at Smyrna '.hat there was a settled design On the part of the Austrian officials to convey him clandestinely to Trieste —a city within tho dominion of the Emperor of Austria. Opportunely', the United States sloop-of-war, the St. Louis, under tho command of Captain Ingraham, arrived in the harbor of Smyrna before this design was executed. Thecomman der of the St. Lbuis, from the representa tion of the ense mado to him, felt it to be lii3duty,n3 it unquestionably was, to in quire into the validity ol Koszta s claim to American protection. He proceeded with deliberation and prudence; and discovered what he considered just grounds for inquir ing into Koszta’s claim to bo discharged on the ground of his Affiericnn nationality. During the pendency of this inquiry ho re ceived notice of the design to tuko ICqszta clandestinely, before the question at issue was settled, into the dominions of the Em- I'perbr of Austria," As ffip.ro was other pv idence of bad faith besides the discovered 1 dodign of evadiDg the inquiry, Copt. Ingra ham demanded his release, and intimaled that ho should resort to forqo ifffic demand was not complied with by a certain hour. Fortunately, however, no forco was used. An arrangement was made by which the prisoner was delivered to the custody of the French Consul-General, lobe kept by him until the Unifcd States and Austria should agree as ko tho mannor or disposing of him. . , ; , This full statement of the facts is deemed important, ns It will correct some errors and niij id presenting with morodislinclness the questions to be discussed. The undersigned ivill now proceed to present the views of the President upon this transaction, and his re ply, to these sev eral deiuauds., i . ' His Imperial Majesty demands that the government of tha United States shall di rect Koszta to be delivered to him ; that it shall disavow tho conduct ol the American agent 3 in this affair, call them to a severe account, and tender satisfaction proportion ate to the outrage. , In order to arrive at just conclusions, it is necessary to ascertain and clearly do fine Koszta’s political relation with Aus tria and with the United States when he was seized at Smyrna, This is tho first point which naturally presents itself for consideration, and perhaps tho most im portant one in its bearings upon thee merits of the case. , There is great diversity and much con fusion of opinion as to tho natuto and ob ligations of allegiance. By Bomo it is held to be an indestructible political tie, and though resuming from tho mere acojdont of birth, yet forever binding tho subject to the sovereign ; by othors it is considered a political connexion in tho nature of a civil contract, dissoluble by natural con sent, but not -so at tho option of eithor party. Tho sounder and more prevalent doctrine* however, is, that the citizen or subject, having faithfully performed the past and present duties resulting from his relation to tho sovereign power, may at any time release himself from the obliga tion of allegiance, freely quit the land of his birth or adoption, 6eek through all countries a home, and select anywhere that which offers him the fairest prospect of happinessfor himself and' his posterity. When the sovereign power, wheresoever it mav bo placed, does not answor tho end for which it is bestowed, when it ,is not exerted for the general welfare of the oeople, or had becomo oppressive to indi viduals, this .right to withdraw rests on as firm a basis, add is similar in principle lb (he right which legitimates resistance to l . y Thd conflicting laws on jho- subjeof of alleirianco ■ are of a': municipal character, and B havo no controlling opomtion beyond the territorial limits of the countries 0 • ting Ihemt v All uncertainty as; Well na confusion on this-subject■ id avoidled by giving duo consideration to the parties to the question undrecnskl erntion are tWo ann neither hasi tUo right to, a Pb fc “* 10 J municipal lawn for,thoivulea o the loalterundisputoi-which^wourredjrhh^ the jurisdiction \;offi K * ; : Vl > - powor. ■ ■i i<iwr!(i:vj,;i» Km Neither Austria docrees nor American laws can bp proporly invoked .for aid or direction in this case, .but internationallnw furnishes the rules for a correct decision, and by the light from this source shed up on tho transaction at Smyrna are its true features to be discerned. .... f Koszla being beyopd tho .jurisdiction of Austria, her laws worecntirely inoperative in this caso, unless the Sultan of rurkoy has consented to give them vigor "filhm his dominions by treaty stimulations. Ihe law of nations has rules of its. own on the subject of allegiance, nnd disregards gen erally all restrictions imposed upon it by municipal codes. t This is repdorod most evident by tho proceedings of independent Slates in re lation' to extradition. No State can de mar, d from any other, ns a matter of right the surrender of a native-born or natural ized citizen or subject, an emigrant, or even a fugitive from justice, unless tho de ' ' ;J Mlhc -d b- -rcss treaty stip- mand is authorize!, y express . uiaiion. International-law allows no sue, claim, though CQniity may sometimes yiuk what right withholds.. To surrender po litical offenders (and in this class Austria places Koszta) is not a duty; but, on the contrary, compliance with such a demand would bo considered a dishonorable sub serviency to a foreign power, and an act meriting the reprobation of mandkind. — As rendering needless all further argu ment on this point, tho undersigned will re call to Mr. llulsemnnn,s recollection what took place in 1849, and 1850 in relation to tho reclamation of Polish refugees in Turkey by Russia, and of Hungarian refugees (of whom Koszta was one) by Austria. This demand was made in con cert, as it were, by two powerful sovereigns while their triumphant armies, which bad just put an end tq the revolutionary move ments in Hungary, stood upon tho borders of Turkey, with power to erase her name from (he list o rnations. She might well apprehend for, herself, us tho nations of YVestprn Europe apprehended for her, that a refusal in her criticul condition |vould put in jeopardy hor existence as an inde pendent power; but she did refuse, and tho civilized world justified and commend ed the act. Both Austria snd Russia plac ed their respective demands on higher grounds than a right of extradition under Iho consideration of (ho United Stales. more.prommenco n K as Austria would havo it settled, by ad np- «**. -s* -» Set their knot conveying this author By the consent andprocurement 0 r the • hts * ity quoted! Thd undersigned t$ constain- Emperor of Austria, Koszta had been sent r ' S To'show that the very samo claims to c d, for reasons he will briefly assign, to i u t o perpetual banishment. The Emper rights now set up in this case were over-, question the accuracy of the interpretation or was a party to the °xpulsion ofthe Hu - ruled and repudiated in 1840 and 1850, which derives the right claimed in the a- j gQrian refugees from Turkey, fho sov -1 the undersigned will refer to the cotempo- bove paragraph from any existing treaty ■ er eign by such an uct deprives his subjects rancous°views ofeminent statesmen in re- between Austria and the Ottoman Porte. t 0 whom it is applied of all their rights nrnrd to the conduct ofthe Sultan in refus- Th „ Austr ian internuncio at Constant!- ( under his government. Ho p aces ne f„- to surrender,on thedemand of Austria le in B conference wiih Mr. Marsh, the ; where ho cannot, ifhe would t and Russia, the Hungarian and Polish re- Ar £ orican Minister Resident, spoke of suet, protection t^;^'i 2dfm m thebindof fusees who were claimed by theso powers iht os derived from “anoient capita- the subjects thus banshed from the bona ot wmmmwsm tttt&ZXLZ 5S| ment have determined to make this stand from. re f orre d to tho .claims of Aus- permission ofthe magistrate and a release in the cause of humanity and of the right pa , them f or t | lo surrender of of Austrian citizenship, and with an mton- i of honor and dignity, against a demand .a ™ Kav« ‘she“m(St that tion never to return, become “unlawful aliko objectionable in substance and in these r S ’ ? w b e that they [the 1 emigrants;' and lose all their civil and no form, I feel a deepening anxiety for the re couk to raside' li.ical rights at homo.-(Ency. Amer. til. sultof their resistance, and for the degree refugee] , • , ho Turkish empire.” | Emigration, H Kent’s Com., 50, 51.) ■ of support which her P er "“' y down to a latcr period-to the 1 Koszta had left Austria without pormts-j , ment and that of Franco may find them- & lion Smyrna—abundant' sion, and with the obvious and avowed in -1 selvas at liberty to afford not only m the “d Tor Sny“s- !h“t Tur- tention never to return: lie was therefore first instance, but in still grave circum- reason d treaty obligation within the fslrict meaning of the imperial stances, should the present partial rupture key U “ d “ f 2 “ or !2 her decree, ‘‘an Unlawful emigrant." He had unfortunately assume a more serious and ha d authority to seize incurred and paid the penalty of that of menacing character, On this subiect it is allowable to re- fcpco by the loss of his Civil and political la these violvs the French m '{ list '““J* £ declarations of thd public mon rights. If he had property it liad escheat sidont at Consfohtmbpfo fully sort, to evidence in to an cd, and he whs reduced to a state worse ao-Jid tl,o British and French governments, ofthe P Their explicit denial than absoßilb' alienage; for aliens have, and both Were prepared to espouse the woe J * to by right,the benefit of the cW 1 laws for cause of Turkey, if her humane andjion may Son wi ihout pibof, where protection, in whatever they may orabln course: in refusing these unwarrant. Au ... be so easily ad- bo. Stripped by lmporinl doi.rep of, able demands had provoked tho rosent- pro , civil : nhd political riglits, Kbszfa had,^!,! ment and brought down upon- her the hos- ducod. oh to thJs govCrnment of; Austria; rto redress ; fbr wrongs tilitieshof. these mighty potentates. Til 1 u Jj 3t 11353 , Amor- and abroad hi? had no Claim to prokebon bpinions fcif other ‘distinguished-men, up- 4tb «»J Resident at Constantinople, from the government that lyould suit hold proviagmf thD decision bf the Emperor of iban Minister Resident at a :^d’to Turkejt.in l refusing to.stfrrenaer.the.Ro; , htl(1 imdv btal .conversations on .Austria, an;outlay Wliiit r»ght_can a lishand. Hungarian- refugees, both on.tfce . . \ u Wect vriih the Minister:,of Foreign! Sovereign to the al!egiai)cc or d per-. ground of humanity, opd , r, l o i, D t with: Aali Piinlia'RQbvefnor of son reduced by, him 10. .such a under the notice of the,undersigned, tbUt Afloi .i,,, timeithß dffaiiiJtDofc-place. ddnUitibhil It sechi tp havo bcenjhe.vpry !!?!!“ aimmsui-h-l!«** on “ declo ° “ to 0" .yrnlO *:-nq • ’ • u"' .. i . . In on •••] 'J'l'i “ 1 Clearfield, Pa,, Oci. 13, 1833. Jisil|']ih! ;t> >im: (I'tf t>no : i-:•-» I‘V> to tl(0 powers making the demand, and the harsh epithets by whioh their conduct is characterized. It is an incident of groat significance and bearing authoritatively upon socno oil the most important questions now roised, that the case ofKoszta (for he was one of the Hungarian refugees then demanded) was fully discussed in 1840, not only by the parties, but throughout Buropo, nnd decided ogainßt the right of Austria to to quired his extradition, either under the law of nations or by existing treaty stipula tions. This decision deeply interested not only rulers nnd statesmen, but the great body of the people of every country.-r- They investigated, its merits, admitted itß justice, and commended the firmness und humanity of the Sultan for his course. It is to bo regretted that this claim for the surrender of Koszta and his compan ions, so fully considered then and so sig nally overruled, should bo again, revived by Austria under circumstancewhich moke the United Stales a reluctant party in tho controversy. The claim has been repu diated by the general judgement of Eu, rope, and this government is unable to dis cover any sufficient reason for dissenting from that decision. Austria appoars to have been aware that hor right to scizo Koszta could not be sustained by international law, and sho has attempted to derive it from certain treaties, or “anoient capitulations by treaty and usage.” Tho very slight and inexplicit manner in which this authority is adverl od to in Mr. Ilulsomann’s noto apparently indicates, if not a want of confidence in it, at least a desire npt to have it scrutinized. If there really was such an authority, and it was of such an extraordinary character qq it is assumed to ba, it would have con stituted, ns Austria must have clearly Bcen>..iUo,train strength of hor case, and sho would not have referred to it ip such a manner as to leave tho very existence of it open to doubt or question. The par agraph referring to it is the following: “As there can be no doubt, therefore, concerning the question of nationality, tho Consul-General of tho Emperoe at Smyr na was without doubt perfectly justified when, in yirluo of those treaties which sub ject Austrian subjects in turkey to consu lar jurisdiction, ho seized the person of ' * idicUon. , IKJll!! 1 i from expressing any dissatisfaction with tho course pursued by us. They sustain the view'thd logation has taken of the legal character of the question, and Aali Pacha informs me that a few years since the Austrian Government refused to surrender to the Porte Turkish rcbols who had fled into Austria, on tho very ground now to. ken by the Porto —namely, that the treaties! did not provide for tho extradition of po litical offenders.” Mr; Brown, tho Charge d’Affairea ad interim of the United States at Constanti nople, wrftestlmtin an interview with Che hil EHindi, also a Turkish officer of high I rank'and great experience, in which the I affair at Smyrna was discussed, ho observ ed that “tho Austrian government does not possess the povvor by treaty to arrest any one on Ottoman 6oil for political bfTence3.” There is now, however, something mere decisive from Turkey than tho opinion of her public men in opposition to this treaty- I claim of Ausfrio. Tho government of the Porlo has pronouncod n judgement in re- and will jivei an lation to tho seizure of Koszlo, which Aus- Brown, the Chnrgc d Affaires . tria herself is bound to respect. It has of tho United States at Constanimoplc. protested against tho conduct of the Austrian was not at Smyrna at an y ,imD du “"|. • agents in that affair as unlawful and a vio- transaction m relation to Kota*, Btotedin lation of its sovereignty ; but not ono word a letter to Baron de Bruck so ™ ct ‘ , 'l?£ , of complaint, not a murmur of dissatisfac-1 the foregoing declaration ;bu P lion, from Turkoy the conduct of Ingraham, who was present, aa ” ' . ' tho functionaries of the United Slates at semunn states,' when Koszta '' as - Smyrna has yet reached this government, ed, and made tho dctdn^ ~0 . 1 1. This is rcrtoinlvan anomalous case: Aus- him, says, in writing to . , lT tria arraigns tho Unitod Statos for violat- dent of tho United States. lam a. t !n“ the rights or Turkey in the Koszta ed to soo by Mr. Brown’s letter tha affair; Turkey, the offended party, exon- ta declared himself on our r,rß . t _ in * cr •' „ orates tho. United Statos, and protests a Hungarian. I did not hear lnm say S . against Austria, our accuser, for the very f[ m ny well be doubted whether koszta same offenco. ever used any such language. Should it, These considerations huve led tho un- jj however, bo admitted that ho did make dersigned, as ho believes they wilt lead ■ t h a t or a nimilar declaration, it Ctinnot bo all others who duly rofleot on them, to tho f a | r |y understood to imply an apknowlcdg confidont conclusion that there exist no j ment t lm( he was thin a subject of_ the treaties between Austria and Turkey which Emperor of Austria. To apprehend jignt could justify or in any way countcnaneo i y w |, a t ho meant by such a declamtjpn,,» thesoizurooi imprisonment of Koszta by j a proper to consider his situation pis the Austrian functionaries. known sentiments, and his,antecedents.— Bin if Austria really has such authority jin his mind no two iHingscoul'd bv treaties ns she now claims, it confess-; be more distinct from each other ' edly extends only to ‘‘Austrian sbhjects.” 1 iria and Hungary. Ono was an obj [ . It could not, therefore, be applied to Koszta his aversion—the other an 9 i unless he was /«ch a ’subjcEfatthe time bo love. His affections clustered aropps to was seized. If the question of his nation-: lanH of his birth, and , ll '®' u ™ 9 . "j aJ ality is to be settled by international law, tense because ho thought that >hr I- ide which furnisltes the rules by [ been cruelly wrongod,. and ho kne '’ Jo *1 tnofathav ‘ i ; s? ! v . ha, do 18.month*. . ..1JK 1 l- ; ; ''tfO* l 8 no : 8 month*. * <)(■ 1 oolom*a-mo»i M - ig,«u Ida tt mofilbi, ■ . |M> l| 4o ; ; "ißw ao 18 month*. §OH in 18 no, ‘ ' A ÜberMicdtictloriwlHbo taado toWorchnot* Bnaot "MVoUaXM noflrln>««r> Kmll, ih Ibo qoonij—ood ihttoroio SSl«ldnt«tia dhosO’mMDi rortho Uottan. rtk« M »■, ooantjr—lb© moch«BiQ»aod all theandWledfo ol l|»eir location and bu ■ i noi• W© »»*“* Uk« to in«ert**A Cord’* foreireiy Moohanlo. Merchamt* *®“ 1 ,i > ' .... Books,; Job* and Blank*, , 1 OF EVERY DESCRIPTION. PR INTEI>.I N THE VERt BEST STYUB.ANI) PN THE SHORTEST ’ ■; NOTICE. AT TIIE OFFICE QJF THE "'CIiBARFIEtp BKPUBMpA«i*», , Number AO. the previous political connexion' between the “unlawful emigrant” arid the Emper or. In Koszta’s case it was dissolved. Some irhpottaricd scorns attached to Koszta’s own'opinion of hia citizenship. The noto of Mr. Hulsomann conveys the impression, though it does not contain the express averment, that he acknowledged himself to bo a subject of the EmpOrOr of ■Austria. The passage, when Closely CX ; n mined, shows that the dllcgbd acknowl edgment is only an inference from undis closed premises. The languago OfjAio notti on this subject is the following ‘‘The very declaration of that refugee On board oftho HusZar, in tho presence of the Am erican Consul and tho commander of the St. Louis, shows that he still considered himself as a subject or tho Emperor,” The decltiralion referred to in support of thw inference is not giveri, but is undoubtedly the responce Koszta is reported to have made when interrogated as to liis bcing an American citizen : “I am a Hungarian, 'lll' id die a Hungarian.” .'Mr unfortunate". In His visions of the fqln ro lie saw n happier destiny for Hungary,— He saw her standing proudly among lpo independent nations of the earth, unpeija clement government emanating from the will of the people, and dedicating its con stitutional authority to their general wel fare. In the fallen condition of Hungary he thought it base to disown her. and fjiqr ious to ctaim her for the land of .his btrlh. Ilia situation when this declaration op posed to have been ma-lo is also to be re garded in interpreting his words. Ho was in the hands of Austrian agents, loaded with fetters, and warned of his own doom by the knowledge of tho sad fa'te of so many of his unfortunate compaqioas. In this forlorn condition he could not have in tended, bv tbo language ascribed to Jufn. to acknowledge any unbroken tie which then bound him to tho Emperor of Aus- The undersigned is brought, by a fair application of sound principles ’ of law, and by a caroful consideration of the facts, to this important conclusion—that those who acted in belinlfof Austria hud no rig it whatever to seize and imprison Martin ! Koszta. It will bo conceded that tho civil author ities of Turkey during the whole period of the occurrences at Smyrna was dormant, and in no way called into action. Under ; these circumstances —Austria without ®ny authority—Turkey exercising none—and the American functionaries, as Aifstria as serts, (laying no right in behajl pf '.government to interfere in the affair, ,(u j proposition which will bo hereafter contes ted) —what, then, was the condition of ‘he parties at, the commencement ol tin? °ut rage, and through its whole progress Tp- They were all, in this view of the case, without the immediate presence and con trolling direption of civil or Internationa law In regard to the treatment of K.oszt« - Tho Gfeek hirelings, Koszta their victim, and the Austrian and Amer.paß ngcitts, were, upon this supposition, nil in the spine condition ul Smyrna in respect ,|o rights and duties, so far as regards that.transac tion, as thoy would have been in if it K atl occurred in their presence in spnf)o unap propriated.-rogion lying far bnypnd ttie coniines of any sovereign State yyliatovor; they tyere {lie liege subjects of the loy oI pature,morniagcnt9,bpundeachapf|a|lnH!t“ to pbsorve (lie precepts of that i ' especially tl'int is confirmed liy 5)1- v-itie'sanction, and enjoins upon aU ! T . ,en everywhere, when not-, acting 4fflder „W' restraints, 'to do unto others whatsopypr tlicy would tliut others. .should-.de MR*® them ; they w<rfo: l?oupd. ,{o do..pp;W(!9*ys« and to the'extptjt oi: their mpans to preyem wrong fropy being dpnpj; to protocf';«io weak from being'opp[-e?f;ed by. thpstfohg, and :tO relieve ijie l O ;d!K9?r w puppo sp d,, <1 s zja;,ivys, >w.i\b,pu(jjpy rightful authority, ; He,ivyas OU3 wrong—any one tlmt could might re-
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