Ifc vo Tnm.' y
ander iho °<' ' I,Q
cafe Aumamty,-' p»ptq«ft
.fpjMjiadtgth' dotog wJml be did fojr ihu TO- J
in this view of the
cdi&.’Tjejfldiy justified; iupon this principle.
WJho hpv;o a to 'cbmplirift 7 Not itho
By>vJy, for, they can nppcalto
qn,Jla..\y ito justify,thoir coridUct. Th°y ‘fibyn
tip support from civil authority,'Td'f
tfeope was; none culled into nctij:M.T 'tjby
from the fntv of naurc, for that they hayo (
violated. ' '
■ ,Tdi place. the justification of the Ameri
can agents still further be'yond 6orifr<W6r
»y, the upderstigned;. will', proceed to show
tb»t,-K«Wfcl<in when ,ho waq seized and im
prisoned'brSmyrna, hrid'lhe nCtional char
acter of an Arneriqan, and the government
of tho Upited.flatus had tho right to ex
;ci)d itq P v ,cr him, f
T/te genuineness of the certificate .yvJiicn
he .claimed profpctiqn
pitmen has Jjecn qupstipn
jp.censcqUf/ica of the imperfect copy
given by iVIr/.Brown to (lip, Austrian,inter
punqip.j bpt that which lie produced to t(ic
Amefijraq Cqnqul at Smyrna, and Ip Cap*
turn Ingraham, to the commander of, i.he
Austrian b‘rig Ilpsznr, and to the Austrian
C6psul-<j>eperal, \Vas genuiuo. A correct
qopy of it has been sept to t,his department
and yerifiyjj.by p comparison with tho fpc
p«l pf |iip qdurt in New York in which
TftVndc hi? /declaration ip, duo form,
rfW;-#, rentoyq ujl dpnbt on this sub
•JffPr* .c,«(jfwd eppy of that record is an
ncxed to UHS communicntion.; ■
" pie pot that this initiatory
\iiV process pf naturalization invest
pd.jjim, with all Vlp? civil rightsqf an Am'-
,bpi il ls sufficient for qll
iho'purposes of this case to show that bo
wasclpthed w.i.h an American nationality ;
and'in virtue thereof, tho government of
tho United States was authorized to extend
jo him its protection, at home and abroad.
ns the undersigned be-
Jfeves', Jiills into'a gpoat error-—an error
filial to some of his most important conclu
jiiops-rby assuming that a nation pan pro
e extend its'protection only to native- ;
or naturalized citizens. This is not;
tfve doctrino of international law, nor is the
.practice , of natiops circumscribod within,
such narrow limits. This law does not,
ps has beep heforo remarked, complicate
questions of this nature by respr ct for mun
icipal codes. In relation lo this subject, it
tins clear and distinct rules of its own. It
give* the national cbaructer of the country
P6t only to narive-horn and nnturilized
cillStoiis, but to ulj residents in it who are
'there with, oi l even without, an intention
to beebme' citizens, provided they havo a
jloniicil ihoreih. Foreigners may, nod
oflendo, acquire a domicil in a country,
'eVcifthbUgh thoy'havc entered it with the
a'vowed'ihlßntioP not to become naturaliz-
e{j ciilijfctis, But io return to their native Inbd
' ftTsome remote and uncertain perjud ; and
Whenever they acquire a domicil, interiin
' 'tfonoriavt at once impresses upon them the
’ p'ailoiidl charactct of the country of that
‘doKitclf. 'lf a maxim lof jinternational
VqW’l'bnt (Tomiqil (Confers a' national 'char
'kbtOrj it does not allow any ono who has
a domicil to declinb tljo national charac
ter thus ponTef'reJ j It forces if upon him
against Jiis will, , and to
‘jl|f g'rfeat’-'detritheht, ''international, jaw
'■ poles pniy ' jo the national charapter in'do-
wii^t 1, country , has the nght to
pfbtefet,'"il*a'persqh goes from this coun
try abroad, with the nationality of the
' Slates', this ia\v enjoins upon other
Ihalloßs tb respect hiim; in regard to protoc
‘ '|ion, as nn’Arhgriditn 'citizqn.' It concedes
tpeve'ry country the right to prqtecl ftny
jm’d,all wlio may be clothed with its naitbn-
These are important principles in
Ijieir bearings upon the questions present
‘ ed'ln .MrVHillsemanii’s note, and are too
ohVioiis to be contested ; but as they aro
opposeij'tp some of the questions taken by
Austria, undersigned deems it respect-
Tut in such'a case to sustain them by refer
ence to"nnlhpritios.
“The - 'pbkitmh 1 is n clear one,that ifd per
son goes .ipto a foreign country, and en
gages.iri trade there, ho is, by the law of
t nations, ‘to he considered a merchant of
that bounlry,' and a subject for till' civd
purposes, whethpr tjmt country bd hostile
pr neutral.” (l Com., 75.)
Again : thosame authority sdys lhai“in
the law of nation?, ns, to Europe, the rule'
idj that m'en take their national character
• frdrri'the general character of the country
jn which they resid'*.” (1 bid., 78.).
■if Koszth • ever had a domicil'in !! the
Uriited'States, ho was in virtue thereof in
: Vested'with the nationality of this country,
hftdTn this charactercontinucd as long as
• ihai'domicll'Was ifctaindd. There ardcas
‘■.W’itv ‘which II is difficult to * afettlo the
tibn of tjofificil | but that of Koszta Is no!
‘Wtffiftliertii
* v> Tlifc mbs'lbpproved definitions ofti dom
ic ffirTrethb following I “A residence at a
■ jabHi'diilai' pladej accompained with positivo j
“M ot' bontmuing there
‘for'ah 'udlim'ited time.’'—(l Binnoy’s Re
pbttSi &4d.) “If it sufficiently appear that !
the intertiiotv of removing 'tons to make a
permanent settlement,- Or Tpr an indefinite
! ’tithe, the right of dothicil' is acquired by a
■'Tdbidehce. of a few dhys'.’.'—fTho Venus,
fifCrhnbhi'27o.) “Vattel' has. defined' do
! ‘tnibil to bo a fixed rcsidenice'ih any place,
itoi|h on intention'ofalwolyd staying tlidte.
tedt'lhis is not ail"ncciitate' stdtdlncrit! ) I(
’tajuld'be more correct to say -iltiit 'place id!
the domici) of a person in which
' J niSTOl)itation Is fixbd, without any presdnt 1
Iriteritibh jjpf'Trcmbving therefrom.”;—
‘((StbiryVCoh. of La wei, § 43.) “A person 1
‘‘‘■toho'tbrhovba tp n' foreign country, settles!
: ‘ himself therdpaiid engages in the trade of
; 'jiKp ie'dnritry , l fitirhishes by. these acts such
‘ ; '(SKdefecd'bf'an intention pe'rrhancntly to re-'
'JTShIe-tfldle'tts'td Stdilap' him with the iiation
•‘sl cHhfaciofoP the 6idt‘e Where he I'esides.”
1 jVdnubl 8 Cdahcli; I
■ Apply .theso principles to the case un
' tlo» considerhtipnj' and the inevitable 1 ro-
Kosztu had a domicil, it) the]
' IWAitdd - Tie ‘dame to and rbkidbd
in lliis country one venr and eleven months.
,Ho came itoro with tint intention of.robb
ing it his future abode. This intention
' wus manifested in several ways, hut most
'significantly by bis solemn declaration
''on oath. There turn bo no better*;pbi-•
' dcnce. of this design of making tjjo United
Stated Jim /suro hblyip than such a defclarf
'’alien / and t|o litis ki.tjd of evidence bfjtlip
'intention, the indispensable element oftrue
'jdnm'id!', ciy iliftos hobo 'fcftwnya.-'attached
'importance. (Phillimore, § 188.) In lho
'case ofKoszta, we have all that is requir
ed to prove lie had a domicil in tho Unit
ed States— concurrence of|Bn,ap|uuJ
residenco with the interitiori to Yn'nko this
country bis futuro homo.
The .establishment of his domicil hore in
vested hiin with* tho national character of
this country; and with that'character ho
the right to claim protection from
the United S}ta,co, and they iiqdlho right
IP extend it to .him us .long ns that charac-'
tej continued,. . t> ■■
The next-question is, wns Kosztn cloth
ed; >yith that charfcter wlion hb was kid
nappod.jn the streets Of Smyrna, rind im
prisoned tan board of.-thoi Austrian hrig-of
war Hpszarli, The national character ac
quired by residence remains ns long ns tho
doirpcil continirs, and that continues not
oply as |o/ig as tho domiciled person- con
tinues in tho country of bib residonco, but
until ho acquires a new domicil. The law
as to tho continunaco and change of a-doi
micil is clearly stated in thc.followingquo,
lation fronqon omirient jurist: -
. “However, in many -cases actual resi*
denee is qq'-indispensable to retain a domi
cil after it is onco acquired j but it; is re
tained, animo s,olo, by the mere intention
not to change it, t>r to adopt another. If,
thorpiorp, a person lenves bis home for
tcpiporary purposes, but with art intention,
to return to it, this change of place is not
in law a ylmngo of dotnicil. Thus, if a
person should go on a voyage to sea, or to
a foreign country, for health or for pleas
ure, or for businoss ofn temporary nature
with ou intention to return, such a transi
tory residence would not constitute a new
domicil, or amount to an abandonment of
the old ono ; for it is not the more net-of
inhabitancy in a pluco which makes it the
domicil, but it is the fact, coupled with the
intention of remuining there, animo man
endi." (Story’s Con.iof Laws, § 44.)
At tho very last session of the Supremo j
Court of tho United Stales, a case came up j
Cor adjudication, presqoting a question as
to the domicil ol'Gonernl Kosciusco at tho
time of his death- Thedectsion, which, was,
concurred in by all tho Judges on tho bencli
fully sustains the correctness of tho fore
going propositions in regard to domicil,
particularly tiro two most important in
Kosztn’scaso ; first, that he acquired a do
micil in the United States ; and, second,
that lie did not loso it by his absence in
Turkey. (14 Howard’s Reports S, C, U.
S., 400.)
As llio national character, according to
tho law of nations, depend* upon the domi
cil, it remains ns long as the domicil is re
tained, and is changed with it. Koszta was
therefore, vested with the nationality of an
American citizen at Smyrna, if lie, in con
templation fynd a domicil in tho Uni
ted States. The authorities already refer
red to show tl«at, to losc.n domicil when
once obtained, flip domiciled person must
leave (ho country of bis residence with tho
intention to, abandon that residence, and
must acquire a domicil in nnolhor. Both
of U )cse facts nre necessary to effect a
change of domicil; but nbithcr of them
exists in KosZta’s case.' The. facts show
that ho was only temporarily absent from
this cmifftry op private business, with no
intention of remaining permanently in Tur
key, but, op the contrary, was at the time
of his seisuro awaiting an opportunity to
return to the United States.
Whenever, by the oporation of the la w
of nations, nn individual becomes clotlicd
with,our national character, bo he a native
born or naturalized citizen, an exile driv
en from his early home by political oppres
sion,or an emigrant enticed from it by the
hopes of a better fortune for himself and
his posterity, he cun claim the protection j
ol this government, and it muy respond to •
that claim without being obliged to expluin;
it's conduct to any foreign for It is
it? ditty to' make its nationality respeoted
by other notions', and respectable jn every
'ntiarlerof the globe.
j ' This right tq [ifotect persons having a
dopiibii, though riot naliye-horti or pqtur-.
Inllzea citizens',' rests op 'the firm founda
tion qf justice', 'and (he claim to prptec-,
ted is earned by Considerations which the.
'protecting pßWer is not ut liberty to disre
gard. Such domiciled citizen pays (hesame
! pribp lor llis protection as native-born.or
naturalized citizens pay for theiri?., ..Be is
uhder‘bond.s ofallcginricpto iho country of
his and if hebreuks thepi incurs
the same penalpesi ,he owes the
diehco ‘to theeivjl laws, apd piusi discharge
j tjio ‘duties't|iey imposq on liini; his prop*;
erty is !ji tho sumo \yay,’ njjd.io t|te same,
extent as tiinirp, liable to contribute to the
support,of,,the governmejit. In war he
shares equally with them in the Calamities
yyhjch piay befall the .country ; Ills services
rpujr be required for its defence ; his life
may be perjlleil and sacrificed in maintain-,
ing it* rights and vindicating its honor.—
Ip tiuiirly all. respects his pud. their condi
tion ps to the duties und . burdcqs of .gov-
updistinguishabJie,; pad what
j Veqsohs cp’n,'bp.given why, so far at lcpst
qs“regards protbetipn to pcrs/in and prop
erly übrbau .tu at.liome, his fights
|shoqid noi jie.cp-eikteps'jveavith the; rights,
[of native-born or naturalized citizensT,—
: By the lavylpf have the same
nationality; and whtjt j;ight, for
"eijjn power, for'the pqrposq^fmajting.dis
.lihct(pp‘hetweeh them,ip (look, behind the
character given thetp by that cocljfir w|iiqh
.regulates national'ipfofc'qurse.t 1 Whop the
I of riutio’ps doterini rioa t lib mpt
, of liny man, foreign govermopts ape, bound
to’respect its decision, . , ; .
I [ Tboy littvo no cause tplcomplain iif ,the
protecting jpwer should stand lupqPiits
EM!IIMMEI
Itremw rights in nil cases; but that power, ern part ?f ibo- world,’ into tho general
'in discharging its duties of protecting, may bod j-and ithTss or tho society of the nation
for sufficient reasons, have some regard for but they continue straqgersand sojourners
tho civil distinctions which its iown laws not acquiring any national charnc.er under
make between the different the genornl sovpreignjy of the cduntry.
sons, to whom it has the right, unefor iriter- Kent s Corn.; 78-!9j) 'J-
extend its.protection, ‘,lki[ The Lords-of Appeals in the Hi»h, curt
hajumfly watch with flnqrc cafe, and >f Englunjl docldcd
tnayinctwith knore vigor, in hdhnlfof those thatn mercharit carrying on trade ntjSmyi;-,
own citizens,l than th&so c|o|hcd with its. na, under the protection of. o'Dutch con-;
nationality, but have oot been so permanent. |sul, was to be considered a Dutchman ns
ly incorporated into its political community, to his national character ( Wheaton sin-,
Giving effect to these well-established ter. Law, 334., 3 llob. Aom. Reports, 12.)
principles, and applying them to tho facts j This decision has been examined and ,
in the case/iho result is, ihai Kqszta aCqui- ‘ approved, by the ehjlpent jurisft Jivlia have,
red while in the United States their nation-: since written treatises on international,
nl character; that ho retained that char-law. . ... ■'
actor when he was seized at Smyrna} and.{. According follto principle established in ,
that he had a ri»ht lobe respected as such. this case, Koszta was invested with the na-,
while there by Austria 'arid every other tionality ortho United States, if ho had it
foreign power. r 'The right of a nation to riot be I ore, tfio moment hfr wnir tinder the,
protfecl, and require ofhors lO respOOti at ' pWAction ortho Atncr.cnn Cousul nl Smyr-,
home and abroad, all who drc> drilled with* .nil arid tho American Legation fit Constari-,
its nationality, is no now doolrine now for tihdplbi ThM he was so tWcd is es-,
tho first lime brought intnoperution by lltfe taTbl.shcd by the Tczkereh they him .
United Slates It is common to nil nattoni' and tho efforts they, rriado fdr hts.release,,
and has had tho snnctioo oftheir charge d’Affaifob ad ' interum of the"
for ages; but it is new that at this late po- United States,-at. Constantinople, tn a lot-,
riod, when ihe'United States assert a claim ter of the 291 K of Juhe, addressed to
to it'us a common inheritance, it should at* imperial intornuncio, stoics: “It was on
once’bo discovered that it is a doctrine presenting this declaration of alleginnco (6,
fraught with dungor, and likely to Compro- the 'consulate of tho Untied States of Ame.r-,
mi't tho peace of the world. Tho United icri and to this Jcgaljpri, that (
States sco no cause for alarm, no reason thq Bnid'Kosztti' Wiifc frtrnlslied with a Tez-
for renouncing for'themifolVes wlmt : Others kerth to cokrte to ConsrnritinOplo and to re- ■
have do long and harmlessly enjoyed. [turn to Smyrna, whence ho was to start'
There 11 may--be re reluctance in some for New York.' Slftce' his arrival in Tur
quarters-to adopt tho viows herein prosen- key he hits under tho protection pf (
ted relative to the doctrine of domicil arid- j my government, and it is a pleasure to mo
consequent naliohality.lesllhd practical as- ro bd able to : state that his cpnduct has at-,
sortion of iftnlghl in somO iustanttes give a I ways be’eri irrcpfonchalilc.”'
right of protection 1 tri those who do ; notde-| Having been received under the protec--
serve it. Fears are entertained that this [lion of those American establishments, ho]
doctrino offers ri facility for acquiring u lmd thereby acquired, according to *hp
national character w hich will lead to Inw of nations, their nationality, und when
alarming abuses; that under tho shadow - wronged and outraged ns ho was, they j
of it political agitators, intent upon dis- might interpose for his liberation, and Cap
turbing tho repose of (heir own or other tain Ingraham had a right to co-operate
countries, might come to tho United States with them Tpr the accomplishment of that
with a view to acquire a claim to their pro- ■ object. The exceptions taken to the mnn
tection, and thdn return to their former ner of that cd-operation remains to bo con
scenes’of action to carry on-, under action sidcrcd. ,
ged national character, thei r ulterior de- fri relation To the deportment of the Amer.-
signs with greater security and better sue- icau agents towards Mr. VVeckbcckcr, the ,
cess. This apprehension is believed to be j Austrian Consul-General, the undersigned
wholly unfounded. Tho firsk distinct act - cannot conceive that there can be any
dono by them towards the accomplishment ground of complaint. Nothing dono to or
of these designs would disclose their frau- with him by Mr. Otflcy our Consul atSmyr
dulent purposes in coming to and seeking 'na, can possibly imply disrespect to tho
a domicil in this country. Such a devel- j Emperor of Austria. Neither in his pn
opement would effectually disprove the vale character, nor as a functionary of the
fact that they acquired a domicil here and j Austrian government, did Mr. Weckbeck
with it our nationality. VVithout that nu-jor tuko an open or an avowed part in the
tionality they could not bo considered as opening scene of tho outrage. His agency
stand in-- under the protecting arm of tho in that afluir at its commencement was
United °States, and consequently could clandestine. This courso implied a con
havo no clnim, and no reason to expect it sciousness on his part that the act was tn
would be exerted in their defence. Their defensible. The fact that lio sought tho
fraudulent intent would defeat nil they) aid of the civil authority of Turkey to get
could hnpu to gain by n rcsidenco in this' Koszta into his possession proves that ho
country, and insincerely professing to make ] knew the mode he resorted to for that pur
rt their home. Tho intention entertained | poso was illegal. The application of Mr.
in good faith to make it such a home would Oftley to him to assist in, and consent to,
;bc wanting, and without such an intention * Koszta’s release was certainly no offence
neither dotrijei) nor nationality can bo ac- nnd implied no disrespect cither to him or
I riuired. This consideration should dispel I his government.
all suspicions tlmt'this doctrine as to na-; The appeal of Mr. Brown to Captain In
lionality nnd protection will not boas safe-j graham to interposo for tho liberation of
ly used and as well guarded from abuse! Koszta, and his advice to effect it in the
by the United States as it has been in limes way done, must bo regarded hot onlyas
past, or may bo in tho future, by*any oth- proper, but, praiseworthy acts, provided
cr sovereign power. There is notllfngin j Captain Ingraham’s conduct bnn tie'virult
tho doctrine herein maintained, or in ihe ( !cated. The justification of Captain Ingra
htsfory of this governhnent, to a’wnken the; ham will consequently exonerate Mr.
slightest apprehension that it is in any Brown front all censure. If Captain In
way inclined to extend the shield of its graham’s course was right, Mr. Brown’s
protection over adventurers or seditious cnnrttit bo wrong. Tho commander of the
propagandists, who may go from this to Louis was'placed in a truly embarrass
othor countries to engage in enterprises do- ing position] Churgcdwith the protection
signed to intorfero with their political insti- of tho persons and property of those who
tutions or disturb their internal quiet. The bad a right to the protection of his govorp
liberal policy of tho United States itv re- ment, it was at the same time no less his
gard to deceiving immigrants from aII na- imperitivp duty to respect the hllthbrities
lions, and extending to thorn tho advanta- J'of all countries in friendly relations with
ges of their free institutions, makes it an j his own. Afier anxiously considering the
act of juslico on thoir part to maintain the caso presented to him at Smymn, he de
right of national protection to the full cx-j termined tliat'ho.ought to effect tho release
* tenfauthorizod by tho law of.notions, and: of Koszta, nnd, if unavoidable; resort to
Ito resist with firmnoss nqy attempt to im- force to accomplish it.
pose new restrictions upon it. . It has oxcitod some surprise here, that,
I There is another view of this case which nftor a consideration of the circumstances,
places tho conduct of the agents of this an impression should be enteminbd in any
) government at Smyrna upon equally do- quarter that Captain Ingraham either com
fcnsible grounds. . Tito Amerieun consul! mitlod or meditated hostility townrds Aus
there, and tho American legation at Con- * tria on that occasion. In passing upon bis
stantirioplo, acted with great caution in re- conduct it is necessary to keep in view the
lotion to Koszta’s clnim to bo regarded asj conclusions established,as the undersigned
entitled to the protection of this govern | believes, 1 in tho preceding remarks ; for
ment. As his naturalization has not been j ho, without doubt, acted upon precisely the
ptefectod 1 , they besitated.iat first to receivo santo conclusions. 'Ho believed that Kosz
him under their protectionbut the fuels ta had been seized without aulhoHty, that
show 'that thoy ultimatoly yielded to his ho was illegally imprisoned, and that he
upplicalioh.: Ho received from each a Tez- onght at once to bo set at liberty.
4 e reh—\a effect,n cerlificate-rrfhat the por- Tho 'first aggressive act in this caso wns
son to whom.it/isgiven is,cared for, uqd tho seisurc of Koszta at Smyrna, commit
rcceived under the protccliep of the govern- ted by tho procurement of the. Austrian
ment whoso agent has granted it. . functionaries-r-tho first improper uso of a
By the laws of Turkey and other cast- nationul ship, the imprisonment of.Koszta
orn nations, tho, consulates therein may therein, waa -mado by the commander of
receive render their protection strangers /tho Austrian brig Huszar. That ship was
nnd sojourners whoso religion and social Icanverted inton prison for the illegal dc
manners do hot assimilate with tho rqli- tention of a person clothed with tho na
tion and manners of those countries. — tionality of tho United States, and conso-
The porsonsthus received become thereby quently entitled to their protection. If Aus-,
invested with the .nationality dfthopretec- tria uphd Ids, as it appears she doos, the
ting consulate. These consulates, and,oth- conduct of tha.commandor of tho Huszar,
er European establishments in the East, sho,is in fact the first aggressor. This act
are in tho constant habit fif opening their of the commander of the Huszar led to the
doors for the reception of sudh inmates, series.af other nets which constitute.tho
who.are received irrespective of tho coun- ground pf complaint against tho United!
try of their birth or allegitince. It is: not States. Tho alleged authority of Austria,
uncommon for them to havo a largo nnrii- under treaties being set aside, no one wriuld
her of sadii/notegMi - International law Ijnvo questionedGnptain Ingraham’*right,
reccgnizosrend sanctions the rights acqui- had ho.been present, toarrest the proceed
esedd by this connection... .. . i ings of fhp kidnappers: in tho street* of
■‘.‘ln the law of nations na to.Europo,,the Smyrna,- and rescue* Eptncta from their
rule i?, that men take their national. tcbvN hnndß. They: were acting; without, and
acter from, the genern]l!. ohawnte.r.of the against, the civil/aufhority of.tho.placo ;
country in which they reside; ond thU rule they weroi committing nh atrocious 1 ouL
rippliea equally to Afnerich.. Brit int Asia rhgo upon a person in vested with ,the! ria
and Africa an immiscible character is kept tionality,of the.Uniled: States. 'lf ho corijd
up, arid-Europeans truding under!Jho pro- ihnva properly: interfered in tbeifirot.-etage
tectionofa factory take their national char- of.this lawless transaction, he might do so
acter from tho establishmdntiunder which in tho last. .Tho act was; in all its stages
they Hverend trade.' This rule Applies to re Continuous.wrong;rend the character of
those partk-of the. world, frbm 6b.viouS re.A- 4hb petors, though there was re succession
sons, of policy, because, foreigners,are, qot refipersons, wnsltlboeamo t they,; were: all
pilmittedthero, ns.in Europe ‘arid lhe,we*t- .Wrongdoers; and. if they chanced to have I
tho possession of a national ship! ond con
verted it into a prison for tho purpose of
consummating this wrong, that ship, thus
desecrated, wris not entitled to the privile
ges of a sanctuary. Those w.licf' 1
right to claim, and tho pojwcr to release,
tho prisoner, illegally confined therein
might |lreat|it!as d pfisonpqnd while it wns
degraded'to siicji on fgpoble' purpose might
forgot', 1 npd be excused fpr forgetting,that
it was n national ship.
There is a consideration probably not
brought to the notice of Austria, ar.d not i
sufficiently regarded by other/).,, which pin -
costihb nets ofCaptdin Irigtdnam'in a‘true j.
light, and repels tho inference of intended
hostile demonstrations tow# rjl.3 Aystfia. —
It was the understanding of tho parties that
Koszta should bo rotuined nt Smyrna while
the question of his nationality was pending.;
Coplain Ingfahapa received satisfactory
tdehce of a Resign,,<jn the; pari of fho Aus
trian functionaries nt.Sm.y.rni|rand ; Constan
tinople,, to disregard this .arrangement,
bnd removo hini clandestinely ffrp m ; : tho.
Huszar on board-of a steamer,for, pur
pose of taking! him to Trieste. . The infor
mation was such as did, not permit Cp plain,
Ingraham to .doubt that , the commander of
the Huszar concurred in tHjs, design, apd,
intended to aid in carrying it into
Uy this evidence of the want of good faith:
on the part of the Austrian functionaries, !
in which the captain of ,tho Huszar wasj
implicated, the captain of the St./Louis was,
placed in tho perplexihgalier,native qfsur- j
rendering the captive, without further of*,
forts,,to the sad fofo which awaited hiqior
to demand his immediate ,re|ensp, .and in.
case of refusal, it, Thp govern
ment of tluj United States: Exceedingly rc r ,j
grets ilmt,he,was reduced to this painful nh,j
terrtative; but it cannot find, after a full j
consideration of ull the circiinutfancps,nny |
good reasons for disapproving the course’
he pursiied. It is not just to Captain In- j
graham to look nt the n flair as it was at the {
precise point of limp when the demand for •
the release oT Koszta was made, The an-j
tecedept . events qualify and legaliza that;
act. Tho Austrian functionaries bad ob-j
lained the possession of the person of Kosz-
in, not in a fair or allowable way, but by j
violating the civil laws of Turluiy and tho!
rights of humanity. Under these citcuip-,
stances, their custody of hjm was entitled
lotto respect from the agept of the govern
ment which, by virtue of his nationality,
hud a right tp protect him, find all tho
circumstances been ns they were, except
n change of place—instead of being taken
from tho territory of tho Ottoman Porte,
bad he been taken from that of the Uni
ted Slates,could a question have been rais
edaslothopropricty ofCuptain Ingraham’s
conduct 7 If tho conclusions heretofore
arrived at arc correct, tho Austrian,agents
had no more right,to take Koszta from the
soil of the Turkish dominions than from
the territory of the United Slates, and Cap
tain Ingraham had the same right to de
mand and enforce his release as he would
have had if Koszta had heed taken from
American soil, and incarcerated in a na
tional vessel of the Austrian Emperor. In
this question, confined as it is, to the, Unb
ted Stales and Austria, (he place of the
transaction is immaterial,'unless the Aus
trian municipal laws extended over it.
. The undersigned yields a ready assent
to Vhut part of Mr, Ilulsemann’s note rela
tive lo the',war-makipg power. The. doc
trine contained in it is pound and well,
sustained by most approved authorities ;
but the undersigned nas not beet) able to
discover its applicability to thfe case under
consideration. ‘ The people of the United
States, in organizing their government,
have been careful to impose more restric
tions upon that power than any of the'na
tions of Europe, and it cannot be admitted
that those nations have had nnyytccnsion
to reprove this government for its abuse.
It has as deep an interest and as anxious
n desire to maintain international relations
of .friendship and peace as any of the Eu
ropean powers,<and will do as much as any
of them for public tranquility, i Tho rules
for its own guidance, und for the conduct
of it ngentsubroad, have that end specially
, in view.
On entering upon the duties of his office, j
tho President announced the policy which j
would be observed by this government in 1
its foreign intercourse: “We have nothing ;
in our history ,or position to invitaaggres- !
sion: wo have everything to beckon u* to'
tho cultivation of relations of. peace' and
amity with all: notions. Purposes, there-J
fore, at once just'uud pacific will he sig
nally marked in tho conduct of our foreign
affairs.” There need be. no apprehension
of ft departure from this course.
In pursuance of this policy, the public
ugents of this.government abroad are un*
dcr instructions, tO' respect therights of all
nations) nnd : any deviation from that
course would bo promptly disavowed, and
proper reparation mado for any injury or
insult which they might offer to a friendly
power.
The application made by Austiia to the
principal powers of Europe,;to warn and
admonish the Unite'd Slates in regard to the
conduct of their agonts oh the occasion be
fore mentioned, implies that this govern
ment has adopted and is acting upon some
principle hitherto unknown to.the law of
nations, and dangerous to public' tranquil
i.ty,! Tho communications to the govern
mentin compliance with this appeal, though
respectfully made and doublles? well inten.
dpd, imply a distrust Of its good faith and J
fair intentions. •:
The undersigned is confident, that, nfier
duo consideration of the views, here taken
pi the affair at Smyrna, those powers which
have, been so prompt to censure will be
equally prompt to corroet any precipitate
judgment they may, have formed in regard
to if,;. He indulges the: belief that after a
fulland fair,examination—rnot merely of a
detached ; fact,- hot of. the whole serios of
facls-rthey iwill ho .abundantly Satisfied
that the ugents df this:governrafent,inithat:'
trasaetioh have respected internhiionaUawi'
land in no: particular transgressed the re-j
jfstrictioris it imposes. 1 , J
.... Th‘p : 'VlhdleMjdHbf
placed upon any /principle' hew. tothftdftfl
tcrnational code, or unltnowrt in thepr^' l ß
tico of enlightened nations. These nation* ■
do> not hcsita te.inthe. exercise H
of>protection,4d oxtenddt to persona ■
always subject*.according to their mutilcie I
pol laws) who nrc cloihed with'lheirvuv I
tionalityj fand'in' sbtnoiirtstnneeSihey haw I
carried t his right . t>f. jifot^ctro^
which this' government ■
bccausedt would notjeel justified, -toapvil
iproachr .nof’ have any.ofthesonationi I
been disposed to abandon the e?erciso of I
this right from a timid apprehension that
might possibly bring' them intern
siorial collision With other* powers.'
Is there ' anything in : 'tho or'B
condition of-this government*which ire*;■
Stricts it in tho'usc* of thiS right—a com. I
mon inheritance,\tp all— rwithinparrpwet I
limits pro (lllpwed, to.qllp| rs lln re. I
Jntion-to ipterhntipnuT Veiled-1
Statejynslynp xnpre.dhbn, has .bePli I
od to othbflj,: and ‘vjf/11.,n0t ,he contonled I
a’ P e lfo rth,, nojnmjr pnnj?!PM rt |
bpt ciaip), tho, fyjl. d/J,.thopp, I
! ar Q-,established,, ft j,
Before closing tins...com,(yitinic?aion,,th\i,,|
,unijprsjgncd ■will pripfty '/pp|icQ, tjiQ,
plaint of,.Austria hga|nstCuptoiq Ingpthiirol
for violating »lie.neutral soil ofjjie Quomjaa 1
[empire... The'rigbt pf Austria tq 'pfdrt(sj|
I United’Sr'ates,. to oii accountTpr the acts ofj
'their agents.nflpctlng tho sovereign,territory |
iinl rjghts of. Turkey is,pot J
they do not acknowledge her right to
quire any explanation, , ;v
)funy|Tiiug,was.yono at Smyrna in de- f
rogation pf tho sovereignty of Turkey, thi* f
government will, giye satisfactory
ntion tp the Su!tp.q .\yhen.hpsjiall,demand,
it, and it has instated its,.Minister
jent.to make.tbis luiowiptobirp.
i judge, and thponly rightful judge,4o,,il)^,
J afTuir, and the injured parly, tqo.. .He has^
' investigated its, merits,; .pronounced, judg.
• rnoul against Auslriuj and. acquitted tap 8
j United. States ; yet, strange ,ns it is, A.u's-j
| trio, has culled the-United; States,to an ao.„
j count for violating the sovereign territorial
, rights of the Emperor of Turkey,
The conclusions at which thy
has arrived, after a full examination of.lho,
'transaction at Smyrna, and.a respectful,
| consideration of tho views of the Austrian
[government thereon, as presented in Mr,,
jHulscmann’s note, are, that KoSzla wjujn.j
seized and imprisoned, was invested 7Brjth|
the nationality of the United' States,
they had, therefore, tho right, if they
to exercise it, to extend, thoir
i him r ilia* from international
jly law which can be rightfully
j for rules of action in this case-rAtUtj’nJ
j could.derive no authority to obstruct or ijt»,
! terfero with tho United States in tho oxer*,
cise of this right, in effecting,the liberation,
ofKoszta; and that Captain IngrahamV
interposition for his release was, ; pntier,
the peculiar and extraordinary circuray
j stances of the case, right and proper. ,
These conclusions indicate ,to Mt; Huh,
semann the answer which il.e undersigned
is instructed by the President to mnkettj.
the. Emperor of Austria to the
presented in Mr. Hulseraann’s note. ij
Tho President docs not see sufficient,
cause for disavowing tho, acts of.lho Am*
priepn agents which .pro complained of by'
Austria. Hoy claim
that account hap been carefully considpij*.
ed, and is respectfully declined.
Being convinced thkt ,thp aiijlj
imprisonment ofKoszta wpfp,.illegal
unjustifiable, thp„ President
givq his.consent to his delivery to
sul-General of,Austria ut Spnyrna;, but at.
ter a 1*1)11 examination of the cose, as here?
in presented, he has instructed ll)Q
sigued to communicate to Mr. Hulseritann,
| his confident expectation that the
of Austria’ will take,the proper
cause Martin Koszta tp, bo restored to iHhj
■ same condition he was in before he vtoa,
| seized in tho streets of,J3n)yrna bn lbs?
1 21sl of Juno lust. . . *• d
The undersigned avails hirnaplf of this;
occasion ito renew to Mr. Hulsemano til*;
assurance of his liigh coosiderpliop.
W. L.MAUCY.
Chntrb County. —We learn, says tho.
Bollefonte whig, that on Wednesday morn,-,
'ing, 28th nil., a young man by , the name
jof Clark, residing near Beech, preok, left,
i home.with his rifle, stating thnt he was go
ling to hunt squirrels., In the evening ho,
j' was discovered,in ahßrnnot far from his
home, a hotjrid spectacle—lying upon
fiis buck * jho'rifle was beside him ;apd the:
ramrod between .his. legsr—iho ball had;
entered near the eye, and passing upward,
tore away a largo-, part of the skull, liter-;
ally blowing hisjbreios .Out. '■■■■< ■ \l(
On- Saturday night lastthreo horses wars,
stolon in this oounty-rrope each from -M lft
Musser'nnd John:Gehret|, pear Pinegrovo
Mills, and one from Bopjamip Evcrharf,;
near ; Boalsburg. About four ; o’clock on;
Sunday I morning the thieves passed thro?-
the, turnpike gato between 1 this and Kart-;
haus, kept bv Mr. George Ross, \not liking
the looks of the party, Mr. Ross with, two,
of his neighbors pursued nnd overtook
them on the other side of the river,'! On,
finding that they were pursued, the thieves
forsodk tho horsos, threw of their over
coats and fled. ‘
GirMr.s w hilworth, .whq wqsone of th?
British commissioners to our • Crystal Palf
nqe, stated, when <'he,.Vfraa- here.vrkc-.
qording to the Journalof,Commerce, that'
steamships vyould.spon be built in England .
that would cross the Allaptic in six gaysi,
and that it wquld bo done now but for th?
reason' lhat.it would prcjudico tho interests
ofexifiting lines! ; . ■ -jX-
slaves ■ aro. conslnntly,
fleeingaejoss the Tdxpn frpntier into Meky
ico., The last mail, advices mention M:
qscape, in this way, of. two parties ;, pno of
twp slaves and the other ten. The first
being encountered by tho mail-rider, hej
undertook to arrcstAhem, but they boat an?!
robbed him. .. „ . .