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Tb« following la tbe vote fin* Monday to 8av»o-
~i. wh» «■.!» wrfat of Chatham poonVy* W»mk»
ttk moraine a® conunhofe npoo lb# w**Mv ^b®
' off qalatly. The votali nnuzaally
who here amamod the editorial dotieeof IheeeUb-
itihttdithe other document* nhUw to-
’ Th. town! of Edmund Stray, toa of th. Bwsnta-
ly of 8Utfl, took pl.0. iq Albany on Thurwloy teat,
tlteiuted by • larg. oaiooan.ol.jmp.thl.liigM.ii<te.
nla pnforred «g*ln,t - .
d la that aOUr, Md for tho pur-
— ■«mlgMbo
BpKUlPftM.chtoth, N, y. Dolly HUM.
From Ui# Capital.
htaottoh
yorihiIa«Uatan the Whip auda no aonlaar
pooLsa ton aa oa lndap.nd.nt Democratic
widbltt
Foe Oovnwoiu—Heteohel V. Jolnuon,761} CbM.
J.Jenkina, 014.
ft* Cow
Washington, 8eJ)t 30.
The PreeMenthee been quite Ul for aeveraldava.
Be hu premonitory symptoms, chills end fever, lie
Is, however, improving now, end his physicians ex*
presses the hope that quiet will entirely restore him
by Monday.
The Secretary of the Treasury will next week ren
ders decision In accordance with an opinion given.
S?
canoffl*
offlcere had not duly respected bar rights.
Though differing very much from the views present
ed by Mr. Hulsemannon behalf of UUgovernment.the
President still Indulges the hope that the exposition
of the principal reasons on which his own oonclnrion*
- James L. Seward, 648} Francis
B. Bartow, T92.
Foe Juno* Easrxex District.—L*vl B. u Lyon.
3541 Cbariw 8. Beory, MS; Wm. B. Fleming. «89.
FonStiWEmuifc-JohnW. Andmo.,1,114.
Fob BaraKaxMTATtTas.—Joba E. Watd» 844 | O.
P. Batriaoo, TM! B. W. Pooler, 601-
Bacimoiitioa^Jobiioon’i majority oter Jen«.
1m U 111 I BartowOTOtSoword, Ill; Flaalog ottr
D'l.yoo, 335 ; omt Beany 4011 HortUoaotcr Pool
er, 153 ; Word oter Pooler, M3. l
. infection Return..
* [Tbo followlDg I* IbroUhod oa by tetegmih.]
Uecoir, Oct 3d, 10.10 P. M-—JonKBOH’a majority
In Bibb ooonty la 10J. Ooo Whig elected to the
Boom. \
Johnson's majority in Whitfield county is V72. In
Atlanta precinct Johksom’s majority is 131. \
* r ■ Auocbta, October 3,10J?6 P. M,
' "'ThiThity gnrea rsmns 694, Johnson 632, Bft-
7SXKB 643, Jokxs 635. Four predicts to bo beard
from, which, It Is estimated, will make Jkkeuu’ ma
jority about 200 in the county.
Atlanta, October 3,12 P. M.
The - majority for Johnson in this dty is 131, for
Dent 230.
Cobb oonnty gives Johnson about 300 majority.
Nkwtox Cocntt—Jenkins has a majority of 437.
Beeee’s majority, for Congress, la 531. Williamson Is
elected Senator, and'Beynolds and Lamar, all Whigs,
aloctedto tbe House. Starke’s majority, for Judge,
is about 600.
Mono an—Jenkins’ majority is reported to be 185.
Ds Kalb—In six precincts Johnson’s majority is
219.
^Cobb—Johnson’s majority is 315.
*Ucmay—Johnson’s majority is 100.
Mpscoonr—Jenkins, 975. Johnson, 911. For Con
gress, James Johnson, 932; Colquitt, 912. For Sen
ate, Watte, Whig, 888 Btorgias, Dem., 903. For tho
House, Thornton, Whig, 930; Woolbridge, Whig,
• 972. HcDongal, 862; Crawford, 823.
CA96-Jobnson’s majority is 75.
Floyd—Jenkins’ majority is 70.
Urbkn—Jenkins’ reported majority ia 7Q0.
Bulloch—We are indebted to a friend for a,tele-
graphic dispatch which atates that In Bulloch, Rew
ard, for Congress, has 330 votes, Bartow 34, and Flem
ing, for Judge, 103.
Liberty—We understand by a gentleman from
Liberty that that county lias ejected C. B. Jones,
Esq., to the Senate, and W. B. Smith, to the House,
both Democrats, and given Johnson and Seward a
majority of about 50 each.
In DeKalb Johnson’s majority is 304 ; Dent’s 133
Collier is elected Senator ; and Smith and Hender
son Representatives.
In Coweta Johnson’s majority is 147; Campbell,
300 ; Fayette, 150. In Troupe, Jenkins’ majority Is
£50. These latter reports are obtained from the mall
agent, who has just arrived.
Mackintosh County.
Darien, Oct. 3.
To the Editort of the Savannah Georgian :
Gentlemen—Below you liavo tho result of our
county election this day:
Governor- H. V. Johnson 130, Charles J. Jenkins
65. Congress—Seward 126, Bartow 56. Judge—
D’Lyon 81, Henry 20, Fleming 79. State Senator—
Wiu. J. Dunwoily 137. Representative—James Ham
ilton 131, Thomas W. Baker 30.
by Attorney Osnarel Cushing, relative to tbe pay
ment of the Five Million dollars in the Treasury, ap
propriated for the benefit of the Texan Bondholder)!,
famine - - -
_ am inclined to think tbe opinion and dpcialon will
be against scaling tho debt.
The Secretary ot tbe Navy has addressed a com
plimentary letter to Commodore Shubrick, relative
to hit conduct of afialre while In. command ot tho
Fishing Ground Squadron. 8.
Farther lie turns.
A friend in Macon sends ns the gratifying an
nouncement of the election of Colqoit, Democratic
candidate in tbe 2d Congressional District—a Demo,
erotic gain. He states that Jenkins has a majority
of 90 in Macon county, 62 in Sumter, 60 in Marion,
and 100 in Leo. Johnson has a majority of 140 in
Taylor, and Jinkris a majority of 100 in Talbot.—
Ono Democrat elected to the Legislature In Monroe,
and all Democrats in Jdnes. [We are not certalu
that wo have read aright oar friend's despatch.]
The General llesult.
With the brief returns before ns, speculation Is of
course vain as to the result throughout the State.
Judging from the intelligence which has reached
us from a few points, Judge Johnson seems to bo
running as well aa Towns did in 1849, when his ma
jority over Hill waa 3,192. Bibb gave Towns a ma
jority of 100. It gives JonNSON 103. Richmond gavo
Hill a majority of 197. It gives Jenkins '" about
200.*' Cobb gave Towns a majority of 201. It gives
Johnson 300. Chatham gavo Towns a majority of
120. It gives Johnson 147. But it should be remem
bered that it Is in the northern portion of the State,
from which we have beard nothing, that tbe Whigs
claim their heavy gains.
Umod Kicetloii.
A llltlo after eight o’clock last night wo received a
despatch from a friend in Macon, announcing that
Hardeman, and probably Woolfolk, both Whigs,
were elected to tho House of Representatives. Col.
Dean, Democrat, had no opposition for the Senate.
We regret much tbe defeat of Dr. Green, one of
tho editors of the Tdtgraph, and one of tbe most re
liable men in the 8tate. Ho and Mr. Slocumb were
the regularly nominated Democratic candidates for
tbo House—the defeat of both of whom was doubtless
occasioned by Kxilin Cook, who ran aa an indepen
dent Democrat.
We ape much gratified to learn by a later despatch
than tbe foregoing, that Dr. Green bos been elected,
ScnivEN County.—A friend sends us the vote at a
single precinct in Scriven county. It is in tbe 8tb
District:
Johnson 7; Jenkins 21. For Congrcaa-8TEPH*Nq
18; Jones 6; C. W. Youno 2. For Senate—Jack-
son 16; Moultby 8. House—Gross 15; IIerrino-
ton7; Hurst#; Thomson3. For Judge—Holt 21.
For Brig. General—Haynb 28; Poliull 2.
From the Fishing Grounds—-A dispatch, dated
Boston, the 30th, says the steamer Osprey, which ar
rived at Halifax on tbe 26th Inst., from St. Johns,
Newfoundland, reports that a number or fishing ves
sels, together with their crews, had been lost on tbe
northers side of Newfoundland, during a terrible gale,
which occurred about the 15th. ■
A fetter dated Tareutnpslc, Prince Edward's Island,
’ Sept. 15, aaya that the harbors are full or American
fishing vessels, all of which have bad poor lack.
>Tbey intended to make another attempt when the
gale which was then raging should subside.
A vessel arrived at Gloucester, on tho 29th, bring
ing homo only fifty barrels of mackerel—not enough
to pay expenses. Sbo spoko several vcsssela which
bad none.
Yellow Fewer In Florida.
The Newport Tidies, of September 28th, has ths
following notice of the epidemic prevailing in that
place:
Though our Obituary head shows a larger number of
Oeaths than U did last week, it Is no erldence that ths ep|.
demlo has loeressed In the number of Uie attacked, or In
violence. Most of the rletime were attacked on or before
theilayofou’lastpublication. The dUeaee is now con-
.. ^ prob -
’ course.
fined to 6 white | p*«irsi,™ioi.7; few more than
•that number of bUeka. Of course. In common with our
follow dtUene, we < feel a meat anxiety for those still tick ;
e beliered to be conralescontst this
mu founded, will induce his Majesty’s government to
in a different light from that in
look at tbe transaction
which it is presented by that government.
Itis the duty of the undersigned to present these
- ' A he will fa" ‘
1853.
protection from the Unite
right to extend R to him a
long as that cl
reasons to Mr. Mulsemann, and ho will rail in his in
tention if, in performing this doty, ho does not evince
a friendly spirit, and avoid, so far as it can be dono
Church and Missionary Intelligence.
Aintabt—In a letter of Mr. Schneider, (American
Missionary,) May 20, he speaks of his return from
Dlsrbeklr to Aintab. with Mr. Walker, through So-
verek, Oorfs, Ac. At the former of these places be
spent a night, and found modi discussion on foot con
cerning the religious matters. AtOorra tbe convic
tion has become very extensive and deep, that tho
Armenian Church is in gross error. Tho number ot
snch persons was variously estimated at from 200 to
500.
Mr. and Mrs. Hartwell arrived at Amoy, China, in
good health and safety, on tho 9th of Jane. Under-
date of June 10, Mr. Pect, tho Missionary of the
American Board, wrote as follows :
Our labors in oifr chapels have been somewhat in
terrupted by the excited state of feeling which has
( ircvailed here for some time. Yet oar simply stay-
ng among tbe people, I cannot but hope, will bo
overruled for good. Generally, wherever wo go, the
first words pat to as arc, • lucre is a rebellion; do
yon not fear?’ • When do you leave ?’ ‘Why do you
not run ?’ * Do you expect to escape ?’ When they
are qnietiy told that the rebellion is not a matter of
but most, If not all, are m . ,
tlnw. AmoDEtbe convalescent I. 0 «r worthy riiyeldan.
Dr. Goo. W. Bettou, who waa unremitting In hie attention
to Uie elck as loBgas be waa able to be about. We expect
to eee him out again this week.
Wo hope and behove that the scourge luu had Its laat
vlcUm In our place | andthatbyourn.it Issue wa shall
be able to announce Its disappearance from a moos us.—
God grant U may b# so.
N&lwtthstsndhif the dreadful erepee through which ..
hare passed. It I* gratifying to be sbte to state that none of
tbe slcirbare suffered for —* —"-* — -
taroful nursing.
Ths sains paper calls attention to tbe fact that op
to that time not a single negro bad died of yellow fe.
ver in Newport.
From Warrington, In tho vicinity of Pensaoola, we
have the following letter, which we find in the JVa-
iionai IiUtUigenecr:
• . * WAWaroTOX, (fU.,) 8ept 21.18M.
Tbe number of deaths bare end in this vicinity sinee the
commencement of the epidemic, eoms six weeks sinee, until
this time, le eighty-three, and; as far m 1 can Judge by Urn
. statements of the physicians, there have been some fire
hundred psUenta under treatment. These elghty-thrce
Aretha are what we counted up j it may be we hare omit-
tedeom^and the eases are over fire hundred rather than
•finder It
ours, end that we intend to stay until we arc driven
away, they reply, ‘Good—right.’ • If the rebels come
without Impairing the full strength of tbe case, the
Introduction of topics to which either Mr. Hotamanu
or his Government can take exception.
To bring out conspicuously tbo question to be pass
ed upon, ft seems to the undersigned that the facte
should be more fully and clearly stated than they are
in Mr. Hulsemann’s note.
Martin Koszta, by birth a Hungarian, and of
course au Austrla^ubject atthat time,took an open
8 nd actlvo part iuWo political movement of l«48-'49
esigned to detach Hungary from the dominion or j
the Emperor of Austria. At the close of that disas
trous revolutionary movement, Konzto, with many
others engaged in tho same cause, lied from tho Aus
trian dominions, and took refuge In Turkey. The
extradition of these fugitives. Koszta among them,
was demanded and pressed with great vigor by Aus
tria, but firmly resisted by the Turkish Government.
They were, however, confined at Kutahia, but at
length released, with tho understanding, or by ex-
press agreement of Austria, that they should leave
Turkey and go into foreign parts. Most of them.it is
believed, before they obtained their release, Indicated
the United States as tho country of their exile.
It is alleged that Koszta left Turkey in company
with Kossuth—this is believed to bo a mistake ; and
that be engaged never to return—tills is regarded as
doubtful. To this sentence of banishment—for such
is the true character of their expulsion from Turkey
—Austria gavs her consent; in truth, tt was the re
sult of her cRhrta to procure their extraditiou, and
was accepted by her os a substitute for it. She had
agents or commissioners at Kutabia to attend to their
embarkation, and to her tho legal consequences of
this act are the samo as if it bad been done directly
they will not Fnjnre you; they do notinjnre the peo-
■' i Mandarins; and we will help protect
pie, only the , _.. r
you,’ etc. Our stay here seems to be * matter of ox-
tensive notoriety and of conversation among all
classes, both in and out of tho city; and in meeting
tho olficers, merchants, and other leading men, when
passing through tbe streets, there seem to be an in
terest and complacency manifested In us, which ore
quite unusual.
Rev. J. L. Wilson, a returned missionary of the Old
8cbool Presbyterian Church, from Africa, recently
stated, as among the results of missionary labor in
Africa, the gathering of more than ono hundred
Cbristrian churches, containing ten thousand hopeful
converts ; tbe establishment of a hundred and fifty
Christian schools, in which from twelvo to fifteen
thousand youth were receiving Christian and other
instruction. The Bible has been translated, and its
truths brought into contact, directly or indirectly,
with a million of human minds. They had given to
Africa eighteen written dialects ; and all this with
out grammars or teachers, or any extrinsic aid; and
this had been tbo work of Protestant missiona
ries within the space of twenty years.
The Ohio (Methodist) Conference has collected, for
missionary purposes, $12,355.
Rev. O. C. Jones, has resigned his place os Secreta
ry of the Old School Presbyterian Board of Domestic
Missions,on account of ill health. Rev. Dr. Mujgrave,
Corresponding Secretory of the Hoard of Publication,
has been elected to tbe station thas vacated.
Arrest or » Notorious Character.
An officer while at French’s Hotel yesterday morn
ing, observed two flosby-appearing young men enter
and call for punch. He immediately recognized one
nr them, from a daguerreotype likeness of Him at the
Chiefs office, as Earnest David Scheock, al'as Don
Carlos Valencia, alias Senor Don Carlos de Carlos,
alias C. Castclo, an individual for whose arrest a war
rant had some time ugo been issued, in which he
stands charged with attempting to stab with a bowie
knife, n voting man named Philip McCarty, while at
Niblo’s Theatre, and also with having subsequently
sent him a letter in which bo threatened to take his
life. This gentleman with many aliases, is said to bq
extensively known In Florida, aud other Southern
States, as an accomplished libertine, and is celebra
ted fbr his novel method of procuring a living. He
plays on the pianoforte and sings admirably, besides
being ‘-a lady’s man ” in the highest sense or the
terra. Ho manages to gain access into sonio wealthy
family with daughters, whom ho delights witli his
musical and other accomplishments, and after a few
calls, is, while in tho house, taken suddenly. Ill, nnd
of courso is put to bed. Some days elapse before his
recovery, and by this time bo Inis become quite in
timate In tbe family, lie then ruins one of the daugh
ters, and threateus her with exposure if aho fails to
beg. borrow or steal $300 or $400 for him ; and thus
he gets his living, so says a wealthy merchant who
called on tho Chief of Police *nmo months since, and
stated that his family had been disturbed by-this
scamp.—mV. Y. Times, 1st.
Tho Albany State Register says one of tho most
• ** Ni
valuable minerals found in the 'Northern States is
lead, which has lately been discovered iu immense
veins in northern New York, near Ogdcnsburgh.—
Two incorporated companies have recently com
menced operations there with satisfactory results,
though they are yet comparatively ir. their Infancy,
namely—*• The Victoria Lead Company,” and tbe
"Great Northern Lead Company.” A letter from
one of the directors of the last named corporation,
states that a vein of "solid Galena” has Just been
discovered, eighteen inches wide, worth WOO per
fathom. From five hundred feet in length $240,000
worth of lead has bceu heretofore realized, and there
is little doubt that tbe new vein will yield in like pro
portions,
Apprehended Famine at Newfoundland.—By 1
the arrival of the brig Halifax at this port we have
papers front that city to Sept. 27. Accounts have
been received there from Newfoundland to Sept. 21,
which state that tho potato crop on account o( the
rot, was almost an entire failure. The fishing catch
was also very short, and tho most serious apprehen
sions were felt of n famine on tho Island tbe Cijinlng
winter, a* tbo stock of provisions now on hand would
not lost above two months. It was feared that great
suffering would bo oxpcrlonccd by. tho poorer closes,
and tho papers were urglna tho government to call
an early session of tho Legislature to devise means to
the
meet the emergency.—Boston Traveller.
Death op Mr. Carleton,—A large circle of friends
will Ijo pained to learn the sudden decease of Charles
G. Carleton, Esq., of the firm of Carleton. Clark A Co.
He left his place of business on Thursday alWnoon,
and complaineJof slight illness. On reaching his resi
dence at Staten Island the attack grew more severe.
Medical attendance was promptly had, but tho dis
ease resulted fatally at 6 o’clock lost evening. Mr.
Carleton has resided upon the island for the laat six
years, and waa identified with many of its improve
ments. In the social circle be was greatly esteemed
for his generous hospitality and bis amiable and hu
mane disposition.—AT. Y.C
Com., 1st.
Mr. 8. B.Britun, editor of th Spiritual
accepts the challenge of a correspondent or subaciU.
of tbe Times, to produce physical phenomena without
visible agency, only stipulating thatheBball Bolect
two of a committee, and the Times two, and those
four a fifth person, the said committee to be known to
the community as reliable, and to hold twelvo meet
ings or more, aud to report the issue—tbe samo to be
published in tbe Times and Telegraph. As the Times
called for an acceptance oi the challenge, it is bound
to stand by the guns. But we regard the whole affair
as a trick to bring this "Spiritual Telegraph” humbug
into notice—-N. Y. Mirror.
Tbo St.l/ouis papers Are out again in denouncing
another attempt made in that city to introduce the
circulation of George Smith k Co’s Atlanta Bank of
Georgia.
The Republican calls on tbo Board of Brokers of
St. Louis to do their duty, and to keep it out of circu
lation, and if they do this, it will not nave muob cred
it any wbore. But if they will not, $ba merchants
and mechanics and laboring men can put it down
very effectually- . i
The Discharge or Collier—-Judgo Jonett, the
Ohio State Judge who issued tbe writ of habeas cor-
pus, taking James Collier, late Collector of tbo Port
of San Francisco, out of the hands of the United
States officer, who were preparing to carry him back
to California to be tried under tho Indictment for felo
niously using public funds intrusted to his keeping,
has actually discharged him.
We tako it for granted that the Government will
see that this illegal action proves of noavail in aiding
the accused to escape a criminal trial for hU crime nr
offence. It cannot possibly be that It will do more
to that end than temporarily to otnbarrasa tho cuds
of justico.—Washington Star, 30th.
T. Devin Belli;
well known from his activity
-. ., . _ctlvity
in connection with tho lute Irish rebellion, for which
he was oxiled,has just been appointed to a clerkship
in tho General Land Office. He Is a gentleman or
fine literary abilities.—Washington Star 30th.
The New York Herald proposes that the Govern
ment shall employ Com. Vanderbilt’s steam yacht,
the North Stor, to send on a minister to China. The
North Star, it is intimated, is fully prepared and ad
mirably salted terthcaervicc.
The arrival of the Caroline Knight, at New York,
brings later intelligence from Puerto Cabello. Tbe
revolutionary troops of Vcuezuela liad nearly all sub
mitted to the power of Prasideut Motmgas, giving tho
brothers a present triumph. It was believed, uow-
ever, that tneir government would not exist long, al
though likely to be strengthened at tho Presidential
election of next year. Trade was very dull at Puerto
Cabello.
Public Health^-Wo have certainly beon blessed
beyond comparison; here wo are at tho fsg end or a
long summer, bale, hearty aud henlthy, and while
the vellow fever bos been raging all round us—North,
Bouth, East and West—we have been spared thus far
from the ravages of this terrible disease. Tho weath
er Tor the past week has beunjcool and pleasant, and
wehsTsno apprehension now that tho yellow fevor
trill make Ita appearance among WMr—Apalachicola
Advertiser, 20th. •
The steamer New-Botton, arrived bore on Wednes
day lost from Columbus, and left again on Friday
evening for tbe 8awanee river, where we understand
The notortoM Leehej. wbow recent!, condoled
thsir rights. _
. To show that tbe vary same elaitaa to righte now
aet up in this ease were overruled and repudiated In
1849 and MM, the undersigned will refer to tbe oo-
temporaoooos view* of eminent statesmen in regard
to the-oonduet> of tbe 8u!tan In refusing to anrrender,
on tbe demand of Austria and Roads, the Hungarian
and Poliab refugees, who wen claimed by these pow
ers as rebels and traitors.
Sir Stratford Canning, tbe British Ambassador to
Constantinople, entirely approved of the Sultan’s
courxe on that oocasion—indeed, be advised it. In a
letter to bis government, dated tbe 3d of September,
1849, he aaya:
•• On grounds of humanity, not unmlxed with con-
aidefttiun* as affecting tbe Porte’a character and fu
ture policy. I have not hesitated to advise a decided
resistance to Ute demand of extradition.” From an
other letter to this ambassador, dated 17th of Decem
ber. commenting on and commending the conrageoua
firmness of the Sultan In refusing the demand or theae
powerful emperors for the surrender of these fugi
tives, on tbe same pretence as now set up by one of
them to justify tbe seizure of Koszta, this extract is
taken:
" Allow me to add, my lord, that in proportion as
I admire the courageous firmnow with which the Sul
tan aud his Government have determined to make
this stand in the cause of hnmanity and of the rigbta
of honor and dignity, against a demand alike objec
tionable in substance ana in form, I feel a deepening
anxiety for the result of their resistance, and for the
SSEk!
regard to Austria, aa outlaw.—
—*“ bare to the aUegianea of
iteeiame ootif
__
Apereoa reduced by bim to such a tniseral&e condi
tion? It seems to bars been tbe very object of tbe
Some Importance seems to be attached-to Koezta’a
own opinion of bia citizenship. The note of Mr.
Hulsemanh conveys the impression, though It does
not contain tbe express averment, that be acknowl
edged bimaelf to be a subject of the Emperor of Aus
tria. Tbe passage, when closely examined, shows
that the alleged acknowledgment is only an inference
from undisclosed promises. Tho language or the note
on this subject is the following: •* The very declare-
board of
degree of support which her Majesty’s Government
nd that of France may find themselves at liberty to
by herself, and not by the agency of the Ottoman
Forte. Koszta came to tho United States and select
ed this country for his future home.
On the 3lvt of July, 1852, he made a declaration
under oath, before a proper tribunal, of his intention
to become ft citizen of the United States, nnd, re
nounce all allegiance to any other State or sovereign.
After remaining hero one year and eleven months,
he retnrned, on account, as Is alleged, of private bu
siness, of a temporary character, to Turkey, in on
American vessel, claimed the rights of a naturalized
American citizen, and offered to place himself under
the protection of tbe United States Consul at Smyr
na. The Consul at first hesitated to recognize and
receive him as such ; bat afterwards, and some time
before his seizure, he and the American Charge d’Af-
fairesarf interim at Constantinople, did extend pro
tection to him, and furnished him with a Tiskercli—
a kind of passport or tetter of ku/0 conduct, usually
given by foreign consuls in Turkey to persons to
whom they extend protection, as by Turkish laws
they have a right to do. it is important to observe
that there is no exception tukzn to Ills conduct ufter
his return to Turkey, aud that Austria lias not alleg
ed that bo was there for any political object, or for
any other purpose than tbe transaction of private bu
siness.
While waiting, as is alleged, for an opportunity to
return to the United States, he was scizcil by a band
of lawless men—freely, perhaps harshly, character
ized in the despatches as "ruffians,” "Greek hire
lings,” " robbers”—who had not, nor did they pre
tend to have, any c«d®r ot authority emanating from
Turkey or Austria, treated with violence and cruelty
and thrown into the sea. Immediately thereafter he
was taken up by a boat’s crew, lying in wait for him,
belonging to the Austrian brig-of-war tbe Huszar,
forceu on board that vessel, and there confined in
irons. It is now avowed, as it was then suspected,
that these desperadoes were instigated to this out
rage by the Austrian Consul General at Smyrna; but
it is not pretended that he acted under the civil au
thority of Turkey, but, on the contrary, it is admitted
that, on application to the Turkisli Governor ut Smyr
na. that magistrate refused to grant the Austrian
Consul any authority to arrest Koszta.
The Consul of the United States at Smyrna, us
soon as he heard of the seizure of Koszta, ami the
Charge d’Affiires of the United States ml interim ut
Constantinople, afterwards interceded with tlqjTurk
ish authorities, with tho Austrian Consul-General at
Smyrna, and the commander of the Austrian bng-of-
war, for his release, on the ground of his American
nationality. To support this claim, Koszta's original
certificate of having made, under oaili. in a court in
New York, declaration of intention to become an
American citizen, was pralural at Smyrna, and an
imperfect copy of it placed in tbe namis ot the im
perial Austrian Internuuclo at Constantinople. The
application to these officers at Smyrna for bis libera
tion, iis well as that of Mr. Brown, our Charge d’Af-
faircH.* to Baron de Brock, the Austrian Minister at
Constantinople, was fruitless, and it became notorious
at Smyrna that there was a settled design on the part
of the Austrian officiate to oonvey him clandestinely
to Trieste—a city within the dominion of tiie Etnpcror
of Austria. Opportunely, the United States sloop-uf-
, the St. Jtoiiis, under the command of Capt. In
graham, arrived in the harbor or Smyrna before this
design was executed.
Toe commander of the St. Louis, from the repre
sentation of the case mode to him, felt it to bo his
duty, as it unquestionably was, to iuquire into the va
lidity of Koszta’s claim to American protection. He
proceeded with deliberation and prudence; and dis
covered what he considered Just grounds for inquir
ing into Koszta's claim to bo discharged on account
of his American nationality. During the pendency
of tills inquiry, lie received notice of the design to
taku Koszta clandestinely, Indore the question at is
sue was settled, into the ilominionsof the Emperor of
Austria. As there was other evidence of had faith,
besides the discovered design o! evading tho inquiry,
Captain Ingraham demanded his release, and Intimat
ed that lie should resort to' force if the demand was
not complied with by a certain hour. Fortunately,
however, no force was used. An arrangement was
made, by which tho prisoner was delivered to the
custoily of the French Consul-General, to be kept by
lilin until the United States and Austria should agree
os to the manner ol disposing or him.
This full statement or the facts is deemed impor
tant, as it will correct somu errors and uid in present
ing with more distinctness the questions to be dis
cussed.
The undersigned will now proceed to present the
views or the President upon this transaction, and his
reply to these several demands.
His Imperial Majesty demands that tho government
of the United States fuall direct Koszta to be deliver-
eil to him : that it shall disavow the conduct of the
American agents in this affair, call them to a severe
account, and tender satisfaction proportionate to the
outrage.
In order to arrive at just conclusions, it is necessa
ry to ascertain and clearly define Koszta’s political
relation with Austria and the United States when he
was seized at Smyrna. This is the first point which
naturally presents Itself for consideration, and. per-
Imps, the most important one, in its bearings upon
the merits of tho case.
There is great diversity and much confusion of
opinion as to tbe nature and obligations of allegiance.
By some it is held to be an indestructible political
tie; and though resulting from the mere accident of
birth, yet moreover binding the subject to the sove
reign. By others it is considered a political connex
ion in the nature ol a civil contract, dissolublu by
mutnal consent, but not so at tbe option of either
K . The pounder and more prevalent doctrine,
ror, is, that tho citizen or subject, having faith
fully performed the past and present duties resulting
trom his relation to the sovereign power, may at any
time release himself from tho obligation of allegiance,
freely quit tbe land of his birth or adoption,seek
through all countries a home, und select ntiywhero
that which offers him tho fairest prospect of happi
ness for himself aud his posterity, when tho sove
reign power, wheresoever it may be placed, iloes-not
answer the ends for which It is bestowed, when it is
not exerted for the general welfare of the people, or
has become oppressive to Individuals, this right to
withdraw rests on ns firm a basis, and is similar in
principle to the right which legitimates resistance to
tyranny.
The conflicting laws on the subject of allegiance
are of a municipal character, and have no controlling
operation beyond the territorial limits of tho countries
euactlng them. All nncertainty as well as confusion
on this subject is avoided bv giving dne consideration
to the Tact that the parties to tho question now under
consideration ore two independent nations, and that
neither has tbe right to appeal to its own municipal
laws for the rales to settle the matter in dispute,
which occurred within tbe jurisdiction of a third in
dependent power.
Neither Austrian decrees nor Amcricair laws can
be properly invoked fur aid or direction In this case,
but international law furnishes the rules for a correct
dccisiou, and by Uie light from this source shed upon
the transaction nt 8myrna are ita true features to be
discerned.
Koszta being beyond the jnrisdiction of Austria,
her laws were entirely inoperative in his case, unless
the Sultan of Turkey has consented togivo them vig
or witiiiu his dominions by treaty stipulations. The
law of nations has rules of its own on tbo subject of
allegiance, and disregards generally all restrictioua
imposed upon it by municipal codes.
This is rendered most evident by tho proceedings
of independent States in relation to extradition. No
State can demand from any other, as a matter of
right, tbo surrender of a native-born or naturalized
citizen or subject, an emigrant, or even a fugitive
from justice, unless the demand Is authorized by ex-
press treaty stipulation. International law allows
no such claim, though comity may sometimes yield
what right withholds. To surrender politico! offen
ders (and in this cl us* Austria places Koszta) Is not
a duty; but, on tho contrary, coinpliauco with such
a ilumatid would lw considered a dishonorable subser
viency to a foreign power, and an act meriting the re-
probation of mankiud. As rendering needlesa all
rurther argument on this point, tbe undersigned will
recall to Mr. Hulsemann’s recollection what took
place in 1849 in relation to tho rods (nation of Polish
refugees in Turkey by Russia, and of Hungarian re-
whom Koszta was one) by Austria. This
demand was made in concert,as it were, bjr two pow
erful sovereigns while theirtriamphant armies, which
bod Just pat an end to the revolutionary movements
iu Hungary, stood upon the borders or Tnrkey, with
power to erase her name from tbe list of nations. She
might well apprehend for herself, os the nations of
Western Earopo apprehended for her, that a refusal
she wifi in future bo empldyed iu navigating that in her critical condition wonld pnt in loonarty-ber
stream.*-Apalachicola Advertiser, 29th. B existence os an independent power; but ,iho did re-
’ — ■ - flue, and the civilized world Justified and oommeqd-
ed tbe act.
feMsaeveuta after frost.' ^ gaprttoe Ooart of that State. mMdson'hlgber^tmnii* Sin's righ'tofSSSdUira the loaT^airhli. dvflaod pofitiooTrighU/If he withi
fife;', -
,i ... N * .... .... - ,
afford, uot ouly in the Urat Instance, but la still graver
circumstances, should the present partial rupture un
fortunately assume a more serious and menacing
character.”
In these views the French minister resident at Con
stantinople fully concurred, and so did the British
and French Governments; nnd both were prepared
to espouse the cause of Turkey, if her humane aud
honorable course in refusing these unwarrantable de
mand* had provoked tho resentment and brought
down upon her the hostilities of these mighty poten
tates. The opinions of other distinguished men, at>-
proving oi the decision ol the Emperor of Turkey In
refusing to surrender the Polish aud Hungarian refu-
geos, both on tbo ground of humanity and right, have
fallen under the notice of the undersigned, but he has
forborne to quote them on account of tiie unworthy
motive ascribed therein to the powers making tbe de
mand, and the harsh epithets by which their conduct
is characterized.
It is an incident of great significance, and bearing
authoritatively upon some of the most important ques
tions now raised, that the case of Koszta (for he was
one of the Hungarian refagecs then demanded) was
fully discussed in 1849, not only by the parties, but
throughout Europe, nnd decided against tho right oi
Austria to require his extradition, either under tho
law of nations or by existing treaty stipulations.
This decision deeply interesteu not only rulers and
stateinen, but tbe great bwly of tbe people of every
country. They Investigated its merits, admitted its
justice, and commended the firmness and humanity
of the Sultan for his course.
It is to be regretted that this claim for the surren
der of Koszta and his companions, so fully considered
then, nnd eo signally overruled, should be again re
vived by Austria under circumstances which make tho
United States a reluctant party in the controversy.
The claim has been repudiated by the general judg
ment of Europe, and this government is unable to
discover any sufficient reason for dissenting from that
decision.
Austria appears to have been aware that her right
to seize Koszta could not be sustained by internation
al law, and she has attempted to derive it from cer
tain treaties, or “ ancient capitulations by treaty and
visage.” The very slight and inexplicit manner in
which this authority is adverted to iu Mr. Hulsemann’s
note apparently indicates, if not a want of confidence
in it, at least a desire not to have it scrutinized. If
there really was such an authority, and it was of such
an extraordinary character aa it Is assumed to be, it
would have constituted, aa Austria must have clearly
Been, the main strength of her case, and she would
not have referred to it in such n manner a* to leave
tiie very existence ot it open to doubt or question.
The paragraph referring to it is the following:
“ As there can lw no doubt, therefore, concerning
tho question of nationality, the Consul-General of the
JJraperorat Smyrna was without doubt perfectly h
lifted when, in virtue of those treaties which subjv
;ect
Austrian subject* in Turkey to consular jurisdiction ,
lie seized the person of Koszta within the pale of hi*
jurisdiction.”
H there be such treaties conferring such a power,
with such extraordinary means of enforcing it, strange
indeed it i* that more prominence is not given to the
fact in Mr. Hulsemanu’s communication. Why are
the dates of these treaties withheld ? What is still
more important, why is not the lauguago conveying
this authority quoted? The undersigned is constrain
ed, for reasons he will briefly assign, to question the
accuracy of the iuterpretation which derives the right
claimed in tbe above paragrauh from any existing
treaty between Austria and tho Ottoman Forte.
The Austrian internuneio nt Constantinople, in a
conference with Sir. Marsh, the American Minister
resident, spoke of hucIi a right as tlerived from “ an
cient capitulations by treaty and usage.” It is not
shown or alleged that new treaty stipulations since
1849 have been entered Into by Turkey aud Austria.
The " ancient capitulations” were relied on to sup
port tiie demand in that year for tbe surrender of the
Hungarian, refugees; they were scrutinized,and no
such authority as is now claimed wa* found in them.
The French and English Ministers at Constanti
nople, who advised and sustained the Sultan in re
sisting the demand of Austria for their extradition,
would not have given such advice if they could have
found In existing treaties any authority Tor that de
mand, or any obligation on tuc part of the Sultan to
S lcld to it. Lord Palmerston, then, her Britannic
ajesty’a Principal Secretary of State for Foreign
AOaira, carefully examined these treaties, aud ex
pressed hi* conclusions thereon in a letter to Sir
Stratford Canning, dated 24th September, 1849. In
on this subject U the following: •* The very declara
tion of that refugee on board of tbe iltuzar, in tbe
presence of tbe American Consul nod the command
er of the 8t. Louis, showa that he still considered him-
Belt as a subject of the Emperor.” The declaration
referred to in support iff till* inference is not given,
but it i* undoubtedly the response Koszta ia reported
to have mode when interrogated os to his being on
American citizen: " I am a Hungarian and williive
and die a Hungarian.” Mr. Brown, the Charge d’Af-
rairea ad interim of tbe United States at Constanti
nople, who waa not at Smyrna at any time during the
transaction in relation to Koszta, stated in a letter to
Barou do Brack something like the foregoing decla
ration ; but Capt. Ingraham, who was preseut,os Mr.
Hiilsemanu states, when Koszta was examined,and
made the declaration-imputed to him, says, in writing
to the Minister Resident of the United States: "1 am
astonished to see by Mr. Bruwu'a -letter that Koszta
declared himself on our first interview a Hungarian.
1 did not bear him say so.”
ibted whether Koszta ever used
any such language. Should it. however, be admitted
that he did make that, ora similar declaration, it can
not be fairly understood to imply an acknowledg
ment that tie waa then a subject of the Emperor iff
Austria. To apprehend righlly what he meant by
such a declaration, it is proper to consider hi* nitua-
tion. his knowu sentiments and his antecedent*. In
hi| mind, no two things could, probably, be moredis-
tiuct from each other than Anstria and Hungary.—
One was on object of his aversion—tli6 other an ob
ject of his love. His affections clustered around the
land of his birth, and were the most intense because
he thought that cuuutry had been cruelly wrongeil.
and be knew it was unroituuate. In bis visions or the
future lie saw a happier destiny for Hungary, lie
saw her standing proudly among the independent
nations of the earth, under a clement government,
emanating from tbe will or the people, and dictating
it* constitutional authority to their general welfare.
In the fallen condition of Hungary, he thought it
base to disown her. and glorious to claim her for the
laud of bis birth. His situation wheu this declara
tion is supposed to have been made, is also to be re
garded in Interpretting bl* wonls. He was iu the
hands of Ausorian agents, loaded with fetters, and
warned of his own doom by the knowledge of the sad
fate of so many of hi* unfortunate companions. In
this forlorn condition, ho could not have Intended, by
the language ascribed to him. to acknowledge any
unbroken tie which then hound him to the Emperor
of Austria.
The undersigned is brought, by a fair application
ol sound principles of law, and by careful considera
tion ol the facta, to this important conclusion—that
l hose who acted in hehulf of Austria had no right
whatever to arize aud imprison Martin Koszta.
It will be concluded that the civil authority of Tur
key duriug tho whoio period of the occurrences at
Smyrna waa dormant, aud in no way called into ac
tion. Umler these circumstances—Austria without
any authority—'Turkey exercising none—and the
American functionaries, as Austria asserts, having
no right In behalf of their government to interfere iu
tho affair, (a proposition which will bo hereafter con
tested)—what then, wa* the condition of the parties
at the commencement of the outrage, and through ita
whole progress ? They were all, in this view of tbe
case, without tbe immediate presence and controling
direction of civil or international law in regard to the
treatment of Kneta. *
Tbe Greek hirelings, Koszta, their victim, and the
Austrian and American agents, were, upon this sup
position, all in the sumo condition at Smyrna iu re
spect to rights and duties, so fur n* regards that trans
action, as they would have been in ir it bad occurred
in their presence in some unappropriated region lying
fur beyond tiie coniines of any sovereign State what
ever : they were the liege subject* of the law of na
ture, moral agents, bound each nnd all alike to ob
serve the precepts of tlint law ; and especially that
which is confirmed by divine Kindlon, and enjoins
upon oil men everywhere, when not acting under le
gal restraints, to do unto others whatsoever they
gftwMteSSS; BS'tSjSr U?tb?rtn!rt!rS
1 lmprimied on Card ortb, Amwi
Sai4>rtrt?' ,olto " l,, «l“outk>n fromutm-
s£SmSSSsSS® -
tlon not to change it ol to a4lopt another -If them*
fore, a person leave* his home for temporary uarS£
e», but with an intention to return to It, thl* change
of place is not n lavra change of domicil. TbmfVf dZ M V'J. Postf*
a person should go ona voyage tosea.or for bSSim 8m™ ° r *** wESV
of a temporarr nature with an Intention to reW iapiV k
such a transitory residence would not constitute a new ' a* a fiMuSu** either iahw
domicile, or amount to an abandonment of the old it wBSSf 9 Aoi,
one; for it is not tbe mere act of inhabitancy in ■ th.' lacker i» — i
place which makes It the domicil, but itistire fact I that 3SJ.fi!***
coupled with the intention of •»-—-• • ' 011 “air ■* »*•—
■ItbeUQifl
mil
American estabf£h2L, u ** e »tWwJ
according toSUSS^^
when wronged and^X^-lhS
mtnt or tSTSK *'* “'taSjl
ta relation to u.
rent* «.***
agent* tewardjU
■sL#s-«a-"!sS^
e martently in Turkey, but. on tbe contrary, was at the
I. time of his seizure awaiting an opportunity to return
* to the United State*.
If* ■ eMion ,lw Sopreino Coort ot
the United State*, a caso came up for adjudication
presenting a question aa to the domicil or Gen. Koo-
cinseo st the time of bis death. The decision, which
waa concurred in by Ml tbe judges on the bench, tal
ly sustain* tiie correctness of the fon-golug proposi
tions i a regard to domicil, particularly the two most
,b the national character, according to the law of
nations, depend* upon the domicil, it remain* os long
as the domicil 1* retained, and is changed with it.—
Koszta was, therefore, vested with the nationality of
an American citizen at Smyrna, ir he, in contempla
tion or law, had a domicil in the United States. The
authorities already referred to show that, to lose a
domicil when once obtalucd the domiciled person
must leave the country of bis residence with the in
tention to abandou that residence, and must acquire
a domicil in another. Both or these facta are neces
sary to effect a change of domicil; hut neither of
them exists in Koszta’s case. The facts show that be
wo* only temporarily absent from this country on
private business, with no intention of remalng per-
•M.ft.i.flii Til.l/nif k-.» . 1.- . ° .4..
act was
lilt iMWMMion proiaifiWtJliA
wrted to tor that A ■ Wtf J
tlon or Mr. <)£“,£&** “Nt S
Kmiu'i nS, STlSttiitS
plied on '11-rapeeUiu JS “
The appen ol Mr lwi 0 ,™® «Sj
tnrpo»Fortb,llb!yte'fa i a
effect It In tl«
only m ppiprr, J, prS^tw.S
InjrabM-, M«don{SH*H>jW
radon of Ctpk _
from all censure. If Ctni t tXo ^l
right, Mr. Brown’*cannotte
er or the St. Uou
petition. Ch,rgedt,ift d “*«
nndprj,ncrt,.Jtt,«- b 7 h J“
of hi* government it
Wlunever# by the operation of tho law of nations,
i Individual becomes clothed with our national char
acter, be he a native-born or naturalized citizen, an
exile driven from hi* early home by political oppres
sion, or an emigrant enticed, from it by the hope* of
a lietter fortune for himself and his posterity, he can
claim the protection of this government, and it may
respond to that claim without being obliged to ex
plain iu conduct to any foreign power, for it is ita da-
ty to make ita nationality respected by other nations,
aud respectable In every quarter of the globe.
The right to protect person* having a domicil,
though not native born or naturalized citizens, rest*
on tiie firm foundation of justice, and the claim to be
protected is earned by considerations which tbe pro
tecting jKjwer is not at liberty to disregard. Such
domiciled citizen pays the same price for bis protec
tion as native bom or naturalized citizens pay for
their*. He is under the bonds of allegiance to the
country of hi* residence, aud if be breaks them in
cur* tbe same penalties; ho owes tbe same obedience
to the civil laws, and must discharge the duties they
impose upon him; his property is in the same way,
and to the same extent as theirs, liable to contribute
to the support of tbe government In war he shares
equally with them in the calamities which may befall
the country; his service may be required for ita de
fence ; his life may be perilled and sacrificed in main
taining it* rights aud vindicating its honor.
in nearly all respects his and their condition, as to
the duties and burdens of government, are nndistin-
gubhable ; and what reason* can be given why, ho
tar at least as regards protection to perann and prop
erty abroad as well as at homo, his rigbta should not
be co-extenaive witli the rights of native-born or natu
ralized citizens? By the law of nations they have
¥*6®S5SS5J’ S!
all cooatrita inlreodi/Kj**},
Slayra. h, niSHl
leun orKonts, tmuSiJS
accomplish it.
aSrSttyjsatg
tna on that occasion. In
, nectmry u k«p in flJS >
IUbed,« tbe undersign^
conclusion,. ]|, uwS
The firat aggreuire act is th«
i^ 82 ! * , a i Sra > rna - tennitkd bnJj
of tbe Austrian tunctiorurtea—u^
In, was made by the wmnWrof 5,1
Huuzar. The ship was coontvj iataaifl
illegal detention of * ■ Wl "
•PctwoctoH,;
•lity ol tbe United Si^f" _
to their protection. Ir AoilrtTvSl
wan she doe,, tbe conductor |t JT“
lluaiar, she i,. In Uct. tie firit ur
or the commander ot the Uuku^o.
other acta which eonatitou the met.JL
.gainst the United StutM. TbeSkwl
Austria under treaties being
Imre questioned Cspulu
ten nivssnt ®
been present to .rot the proUdinofi
Pot. in tbe slrau otScmu ft! '
from their hand*. They wen
Hint code which regulates national Intercourse ? When
the law of nations determines the nationality of any
man. foreign governments arc bound to respect its
derision.
They would have no eausc to complain if the pro
tecting power should stand upon ita extreme right*
in all cases; but that power, iu discharging ita duties
of protecting may, ior sufficient reason.*, have some
regard for tbe civil distinctions which ita own laws
make between the differcut classes of person* to
whom it has the right under international law, to ex-
ig, and te the extent of their means to i tend it* protection. It will naturally watch with
prevent wrong from being done; to protect the weak more cure, and muy act witii more vigor in behalf of
from being oppressed by the strong, and to relieve | native-born aud naturalized citizens, than in behalf of
the distressed. In the case supposed. Koszta was i those who, though clothed with its nationality, have
*eiz4)d without any rightful authority. He was suf- not been so permanently incorporated into ita politi-
fering grievous wrong—any one tbut could might re-1 icnl community.
lievc him. To do so was n duty imposed under tho l Giving effect to these well-established principles,
*——' *■ *— **-- * - • i ayyij iug them io the facta in the case, the result
Is that Ko.iZta acquired while in tbe United States
would that others should unto them; they were bound
* ’ - - * *- *’ -* ‘ * thei
this letter, which contained an extract from one of
these treaties—that of Belgrado—and referred to the
claims of Austria founded on them, for thu surrender
of these refugees, lie nays : “ The utmost that could
lie demanded would be that the}' [the refugees]
should uot bo allowed to reside permanently in the
Turkish empire.”
Coming down to a later pcvloil—to tho very trans
action* at Smyrna—abundant reasons arc found for
denying that Turkey wa* then under any treaty obli
gations to deliver Koszta to Austria, or that her Con
sul-General had authority to seize him. On this sub
ject it is allowable to resort to the declarations of the
public men of the Porte as evidence in regard to an
Issue of this kind. Their explicit denial may be fair
ly considered a* equivalent to Austria’s affirmation
without proof, where proof, if it existed, could bo so
easily adduced.
In a despatch to this government of the 4th of Au
gust, 1853, Mr.. Marsh, the American Minister resident
at Constantinople, say*:
“ l have had several conversations on this subject
with the Minister of Foreign Affairs, and with Aali
Pacha. Governor of Smyrna, at the time th&affair
took place. These distinguished persons are very far
from expressing any dissatisfaction with the course
C ursued by ns. They sustain tho view the legation
a* taken of the legal character of the question, and
Aali Piiclia informs nt • that ft few years since the
Austrian government refused to surrender to the
Porte Turkish rebels who bad fled into Austria, on
tiie very ground now taken by tho Porte—namely,
that the treaties did not provide for the extradition
of Dolitical offenders.”
Mr. Brown, the Charge d'Affairs ad interim of the
United States at Constantinople, writes that in an in
terview with Cbebil Effindi, also a Turkish officer of
high rank and great experience, in which the affair at
Smyrna waa discussed, lie observed that “ tiie Aus
trian government does not posses* the power by trea
ty to arrest any one on Ottoman soil for political of
fences.” There is now, however, something more
decisive from Turkey than the opinion of her public
men in opposition to this treaty-claim of Austria.—
The government of tho Porte has pronounced a Judg
ment in relation to tiie seizure of Koszta. which Aus
tria herself is hound to respect. It ha9 protested
against tho conduct of tiie Austrian agent* iu that
affair as unlawful, and a violation of ita sovereignty ;
but not ono word of complaint, not a murinltr of dis
satisfaction, from Turkey against tho conduct of the
functionaries of tbe United State* at Smyrna lias yet
reached this government. This is certainly an ano
malous case : Austria arraigns the United States for
violating tbe right* of Turkey in thu Koszta affair;
Turkey, the offended party, exonerates the United
States, and protests against Austria, our accuser, for
the very same offence.
These considerations have led the undersigned, aa
he believes they will lead all other* wbo duly reflect
on them. to the confident conclusion that there exist
no treaties between Anstria and Turkey which could
justify, or in any way countenance tbe seizure or im
prisonment of Koszta by the Austrian functionaries.
Bat if Austria really baa such authority by treaties
as sbe now claims, it confessedly extends only to
“ Austrian subjects.” • It could not, therefore, be ap
plied to Koszta unless he was such a subject at the
time he was seize*!. If the question of his nationali
ty is to be settled by international law, tho only code
which furnishes tho rules by which this question i* to
be determined, there is no good reason for adjudging
him to havo been, when seized at Smyrna, an Austri
an subject. But settle this question, as Austria would
have it settled, by au appeal to her own civil code, tbe
result will ho tbe same.
By tbe consent and procurement of the Emperor
of Austria. Koszta hod been sent into perpetual ban
ishment. Tbe Emperor was a party to the expulsion
ot the Hungarian refugee* from Turkey. The sover
eign by such an act deprives his subjects to whom it
Is applied of all their rights under hit Government.
Ho plaoea them where ho cannot, if lie would, afford
them protection. By such an act ho releases the sub
ject thus banished from tbo bond of allegiance. Any
other result would make tho political connexion be
tween tbe subject and the sovereign a state of unmit
igated vassalage, in wbioh oil tho duties and no right*
would he on one sidu, and oil the right* and no duties
would be on the other. Koszta must bo regarded as
having been banished by Austria, for be was one of
the Hungariaff refugee! whom sbe procured to bo ex
pelled from Turkey in 1851. They were released from
confinement at Kutahia on condition or submitting to
tmrpctiuti banishment, and she had two persons pres
ent at their departure. ‘‘who claimed and obtained
there an active share in tbo arrangement*.”- Koszta
could never thereafter be rightfully demanded as an
Austrian subjoct.
Tiie proposition that Koszta at Smyrna waa not an
“ Austrian subject ” can bo sustained on another
S ound. By a decree of tiie Emperor of Austria of
e 21th or March, 1832, Austrian aubjecta leaving
the dominions of the Emperor without permission of
tho magistrate and a release of Anatrlan citizenship,
and witli an intention never to return, become “ tin-
lawful emigrant#,” and lose all their civil and •politi
cal rights at home.—{Eooy. Amer. Tit. Emigration, 2
Kent’s Com.. 60.51.1 *
Koszta had left Austria without permission, and
with tho obvious and avowed Intention never to re
turn ; be waa. therefore, within the strict meaning of
peculiar circumstances or the case by the laws of hu
manity. Captain Ingraham, in doing what he ntd
for the release iff Koszta, wonld. in tht* view of the
case, be fully justified upon this principle. Who, In
such a case, cun fairly taku offence? Who have a
right to complain ? Not wrong-doers surely, for they
cun appeal to no !aw to jnstiry their conduct. They
can derive no support from civil authority, fur there
wa* none called into action; nor from the law of na
ture for that they have violated.
To place tiie justification of the American agent*
still further beyond controversy, the undersigned will
now proceed to show tlint Ka«zta, when he was adz
ed and imprisoued at Smyrna, had tbe national char
acter or an American, and the government of the
United State* had the right to extoud ita protection
over him.
The genuineness of the certificate which he pro
duced when he claimed protection a* a American cit
izen has bean questioned, in consequence of the Im
perfect copy given by Mr. Brown to tho Austrian In-
tcrnnncio; but that which ho produced to the Ame
rican Consul at Smyrna, nnd to Captain Ingraham,
to tbe commander of the Austriau brig Huzzar, and
to-tbc Austrian Consul General, wa* genuine. A cor
rect copy of it ha* been »ent to this department, und
verified by n comparison with the record ol the court
in New 'iork in which Koszta made his declaration
in due formloi law. To remove all donbt on this sub
ject. a certified copy of that record is annexed to this
communication. «
It is uot contended that this initiatory step In tho
process of naturalization Invested him with all the
civil rights of un American citizen; but it is sufficient
for all the purpose* of this case to show that he was
clothed with an American nationality; and io virtue
thereof, the government of the United States was au
thorized to extend to him it* protection, at home nnd
abroad. Mr. Hulsetnann.os the undersigned believes,
fall* into a great error—an error fatal to some of hi*
most important conclusions—by assuming that a na
tion can properly extend ita protection only to native-
born or naturalized citizens. This is not the doctrine
of international law, nor is the practice or nation*
circumscribed within such narrow limit*. Till* law
does not,a* lias been before remarked, complicate
questions of till* nature by respect for municipal
code*.
In relation to this subject, it ho* clear and distinct
rules of ita own. It gives the natioual character of
the country not only to native-born and naturalized
citizens, but to all resident* in it who are there with,
or even without an intention to become citizens, pro
vided they havo a domicil therein. Foreigner* may,
nnd often do acquire a domicil in a country, even
though they have entered it with tho avowed inten
tion not to become naturalized citizens, but to return
to their native land at some remote and uncertain
period; and whenever they acquire a domicil, inter
national law nt once impresses upon them tho na
tional character of the country of that domicil. It 1*
a maxim of international law that domicil confers a
national character; it doe* not allow any one who
bos a domicil, to decline the national character thas
conLrrcd.it forces it upon him. often very much
against Ids will, and to Ids great detriment. Inter
national law looks only to tiie national character in
determining what country ha* tiie right to protect.
If a peraou goes from tnis country abroad, with tho
nationality of the United States, this law enjoins upon
other nations to respect idin, in regard to protection,
a* an American citizen, it concede* to overy coun
try the right to protect any ahd ail who may be
clothed with ita nationality. These are important
principles in their bearing upon the questions pre
sented in Sir. Hulsemann’s note, and arc too obvious
to bo contested ; but as they are opposed to some of
the positions taken by Austria, the undersigned
deem* it respectful in such a case to anstaiu them by
reference to authorities.
*• The position is a clear one, that if r person goes
into n foreign country, and engage* in trade there, he
ia. by the law of nations, to be considered a merchant
of that country, and a subject for all civil purpose*,
whether that country be hostile or netiiral.’’ (1 Keut
Com., 75.)
Again : tho samo authority aavs" that In tho law
of nations, a* to Europe, tho rule is, that men taku
Uieir national character from tiie general character
of the country in which they reside.” (Ibid., 78.)
If Koszta ever had a domicil in tiie United State*,
lie was in virtue thereof invested witli the nationali
ty or this country,nnd iu tills character continued aa
long as that ilotnicil was retained. There are cases
in which it is difficult to settlo the question of domi
cil ; but that of Koszta l* not one of them.
Tbe uioat approved definitions or a domicil are tho
following : '• A residence at a particular place, ac
companied with positive or presumptive proof of con
tinuing there for an unlimited time.” (l.Binney's
Reports, 349.) " If it sufficiently appear that the in
tention of removing was to make settlement, or for an
indefinite time, tiie right of domicil is acquired by a
reridonee of a few days.” (The Venns, 8 Crunch,
279.) " Vqttel ho* defined domicil to be a fixed resi
dence in any place, with tbe lotention of always stay
ing there. But this is not an accurate statement. It
wold be more correct to say that that place ia pro
perly the domicil af a peraou in which hie habitation
I* fixed, without uny present intention of removing
therefrom.” (Story’s Con. of Law*. § 43.) “ A per
son wiio removes to a foreign country, settles himself
there, and engages in tbe trade of the country, f
Islma bv theae acta such evidence of an intention .
munontly to reside there aa to stamp him with tbe
national character of the State where be reside*.”—
(The Venue, 8 Crancb, 279.)
Apply these principles to tho ease ondor considera
tion, and the inevitable result ia that Koexta had a
domicil in the United State*. Ha came to and resid
ed in this country one year and eleven month*. He
came here with tbo intention of making it bi« fnture
abode. This intention was manifested in several ways
but most significantly by bia aolornn declaration upon
oath. There can be no better evidence of hi* design
of making tho United States bis rature home than-
such a declaration ; and to this Iciqd of evidence of
tho Intention, the indispensable element of true domi
cil, civilian* havo always attached importance. (Phil-
limore, sect. 188.) In tbo case of Koasta, we have all
that Is required to prove he had a domicil In lot uni*
ted Statco—the ooncorrenfce of an actual reaidenoe
with the intention to make this country his fnture
their national character; that he retained that char
acter when lw waa seized at Smyrna, and that ho had
a right to be respected as such while there by Aus
tria anti every other foreign power. The right of a
iintiou to protect, and require others to respect, at
home and abroad, all who are clothed with ita nation
ality. i* no new doctrine, now for tho Brat time
brought into operation by the United States.
It i* common to all nations, and has hail the sanc
tion of their practice for ages ; butia new that at this
late period, when the United State* assert a claim to
it a* a common Inheritance, it should at once be dis
covered that it Is a doctrine fraught with danger, and
likely to compromit tho peace of tho world. The U.
i State* see no cause for alarm, no reason for renounc
ing for themselves what otheni have so long and so
harmlessly enjoyed.
There may be a reluctance in some quarters to
adopt the views herein presented, relative to the doc
trine iff domicil and consequent nationality, lest the
practical us*crtiou of it might in some instance* give
a right ot protection to those who do not deserve it.
Feura are entertained that this doctrine offer* a facil
ity for acquiring a national character, which will lead
to alarming abuses ; that under ita shadow po
litical agitators, intent upon disturbing the repose of
their own or other countries, might come to the Uni
ted State* with a view to acquire a claim to their pro
teetion. und then to return to their former scenes of
action, to carry on, under a changed national charac
ter, their ulterior designs with greater security and
better success. This apprehension is believed to be
wholly nufounded. Tbe first distinct act done by them
toward* the accomplishment of theae design*, would
disclose their fraudulent purpose in coming to and
setting a domicil In this country. Such a develop
ment would effectually disprove the fact that they
acquired a domicil here and with it our nationality.
Without that nationality they could not be consid
ered a* standing under the protecting arm of the Uni
ted States, and consequently could nave no right to
claim, and no reason to expect, it would be exerted
iu their defence. Their fraudulent intent would de
feat all they could hope to gain by a residence in this
country, and by nismcercly profeasing to make it
their home. Tho intention entertained in good faith
to make it such a homo would ho wanting, and with
out such au intention neither domicil nor yet nation
ality can be acquired. Thi* consideration should dis
pel all suspicions that this doctrine as to nationality
and protection will not be safely used and a* well
guarded from abuse by tiie Uoited States as it has been
in times past, or muy bo in tbo future, by any other
sovereign power.
There is nothing in the doctrine herein maintained,
or in the history of this government, to awaken tbe
slightest apprehension that it is in any way inclined
to extend the shield of ita protection over adventu
rous or seditious propagandist*, who may go from
this to other countries to engage in enterprise* de
signed to interfere with their political institutions or
disturb their internal quiet. Tho liberal policy of the
United State* in regard to receiving immigrants from
all nations, und extending to them tbo advantages of
their free institutions, make* it au act of justice ou
their part to maintain the right of natioual protec
tion to the Tull extent authorized by tho law of na
tions, and to re-sist with firmness any attempt to im
pose now restrictions upon it.
There is another view of this caso which place* the
couduct of the agents of thu government at Smyrna
upon equally defensible grounds. The American con
sul there, aud tho American legation at Constanti
nople, acted with great caution in relation to Koszta’s
claim Io bo regarded a* entitled to tbe protection of
this government. As hi* naturalization bad not been
perfected, they Ileaitated at first to receive him on-
tier their protection ; but tbe facta abow that they ul
timately yielded to his application. He received
from each a Ttxkcrch—in effect a certificate—that
the peraou to whom it i* given is cared for, and re
ceived under the protection of the government whose
agent has granted it-
By tbe laws or Turkey and other eastern nations,
thu consulates therein may rcceivo under their pro
tection strangers and sojourners whoso religion and
Roci&l manners do uot assimilate with the religion
and uuuiK-re of thoso countries. Tbe persons thus
received become thereby invested with tne national
ity or the protecting consulate. These consulate*,
and other European establishments in tbe East, are
iu the constant habit of opening their doora for tho
reception of such inmates, wbo are received irrespec
tive of the country of theirbirth or allegiance, ft is
not uncommon for them to Lave large numbers of
sveh proteges. International law recognise* and
sanctions tliu right* acquiesced by thi* connexion.
“ in tbe law of nations oa to Europe, tho role is,
that men Like tftir national character from the gen
eral character ofthe country in which they reside ;
und tlii* rule applies equally in America. But In
Asia aud Africa and immiscible charactar la kept up,
and Europeans trading under the protection or a fac
tory take tlieir national character from the establish
ment under which they live and trade. This rule ap*
plies to tliwe part* ofthe world from obvious reasons
<ff policy, because foreigners are not admitted there,
aa in Eum)M and tho • western part of the world, in
to Uie general body and tnas* or tho society of the
nation, but they continue stranger* and eojourncre,
fum- not acquiring any national charactar under Ute gene-
per* ral sovereignty of the country.” (1. Ment'* Com.,
76-'0.)
The Lord* of Appeals in the High Court of Adnti-
ralitv in England decided In 1784, that a merchant
carrying on trade at Smyrna, under the protection or
a Dutch convul, waa to bo considered a Dutchman as
to hi* nation*! character. (Wheaton’s Inter. Law,
384,3 Rob. Adm. Reports,-12.)
— • *--• * been*
inna meir nauu*. lbtj wtrt icfittAl
.gainst, the civil aotboritj«! ItoXl
committing sn atrocioas ontnn omI*
vested with the nationality of tbe iSl
he could have properly interfered in fed
this lawless transaction, be might do*i
The act was, in all itaitagn,
and ths character of it* acton, thotal
succession of croons, was tbe uoTi
wrong-doera; audit tiwychancedt4k»l
■ion of a national ship, andcooTntriiX
for the purpose of com annulling ihj 1
ship, thu* desecrated, wai not eoift(i]
luge* of a sanctuary. Thoie *bo tai(T
claim, and the poser to release, ihsyi
Iy confined therein, might treat it mi
while it was degraded to inch a i,-J
might forget, and be mused for forg
was a national ship.
There is a consideration, probably ul
tbe notice of Austria and not luffickx®
by others, which place* the uti of
ham in a true light, and repels tbe iii
tended hostile demonstration! tovidtiL
waa the understanding of tbe uitnU
should be retained at Smyrna while taJ
hi* nationality was pending. CapUiiigl
ceived satnffactory evidence of a dcspiJ
of the Atutri*Q fanctionariei it Sajn|
stantinople, to disregard this imopiJ
move him clunde*tinely from the Haora!
a steamer, for the purpose of taking lia J
The information was such U dij uA petal
Ingraham to doubt that tbe coomudtr dm
zar concurred in this design, aud iutaM ■
carrying it into effect. By this evident* cf I
of good faith on the part of tbe Aoitria |T
tie*, in which the Captain of tbe Ifraini
‘ * - ~ ‘ ’ of theS' ’ -
Yt.
The Mtablidunaat of hi. daalctt hen
right.. If In withth. Wiuoul.elamnotn oUbta ooMtfj. wa onpwn^ut 4hl« Mk«ii
If.' '' ' V,:„'
. _ J, the Captain of the SL took vu |l
perplexing alternative of nmndcrag U*I
without further efforts, to the sad fate hid]
him, or to demand bis immediate rebate, an
oi refusal, to enforce iL
The government of tbe Unite! S
regret* that he was reduced to this p&l I
live; but it cannot find, after l fallow "
all the circumstances, any rood wsc
proving the course he pursue^ Itbrtjull
tain Ingraham to look at tbe affair nil nil
precise point of time wbenthtitaisifeibP
of Koszta was made. Tbe aatectdatnr*-
and legalize that act. Tbe Auitriu fo
had obtained the possession of the ptnarfl
n<*t in a fair or allowable wsy, bit ty nil
civil law* of Turkey and tbe right! of ha
Under these circumstanitt.tbeircjrtdjifl
entitled to no reap 1, from the agent i Ik I
ment which, by virtue ot bii nitiocilitj.WB
to protect him. Had all tbe circjaiUra iff
they were, except a ebangeof pUa-i^odfl
taken from tiie territory ot tbe Oiwuih
he been taken from that of the United »-
a question have been raised u to tht
Captain Ingraham’* conduct?
if the conclusions heretofore irrirNSinffi
the Austrian agent* had no morerijtatkkbB
from the soil of theTurki-b doraiuiomtalf
territory of the United States,mdtajtaur
had the same right to demaud
lease a* he would have hid if K"sz!iW*i
from American soil, and incarcerated<!>■
vessel of the Austrian Emperor. In U
confined as it is to tbe United
place of tbe tranraction is immitnai-M
Austrian municipal lawseztetvM" VM ■ A
The undersigned yield* a ready a&«i>iq
of Mr. Hulsemann’s note relative to tata*
power. The doctrine contained !»««■
well sustained by most approved mW"*1
undersigned has not been abletodi>cciH»J
bility to the case under consideration. »F|
the United States, in otgaaiang their IF
have been careful to imp"* “ ure "T?
that power than any of the natirmi«
cannot be admitted that the* lultoMtFJ
occasion to reprove this fiowwawjwjJ
It has a* deep an interest and u
maintain international relations « -*rjl
peace as any of the European poteii.“>"f
much as any of them fer/ptfttojgjj
ter it* own guidance .and for theTODdnct I
ab™,l, tave
On entering upon tr
by thi* government
policy wmeo wiw
in it* foreign iotei
have nothing in our history or {"g*!
greaaion; we Imye everytbihg
cultivation of relations of J
cigrrafiiiirs." There need be no *PF
departure from tbis cmiree.
In pursuance «f thia poi‘CJ- lu ^
this government abroad are uaW^
sped the right* ot o 11 . w '.u
from that course would J" ffl5 n »roSi
proper reparation rail Je for »ny In] U
' -ht offer to a friendlypo« r ^
they mlgl
The applies
powers of Europe.
Ita tea in regard to the coni
icy might offer to a n^;r" w 4
This doelsiotf haa £een examined and approved by
tbo eminent Jurist who have sine* written treatise*
on international lair. .... ., „, .
According to the prindplo established in this cue.
Koszta waa invwtedwitb the nationality of tho Uni
ted States, If be bod it not before tho moment ho wa*
under tbe protection of the AmericanConaal at Smyr
na and tbe American legation at OraBtantinopIc.-
That bo wa* ao received & entaMWwd by the JV* W
they gave him, and the effort* they made for hi* re
state* in regaru re
occasion before mentioned, P ^
ment ha* adopted aod U
hitherto unknown to l J«, JfV. 1
on* to public
the government in fdj
though respectfully m*d« ^ aodkj
ed. imply a distrust of its 8°^ I
t,0 Tho nnJmlpn41*$S»J
sideratioa of the viewsbe beta nf
Smyrna, those l» we " !^ D fScoSe»^
censure will bo equally pron P . jn ^
itato judgment theyaod
Hu Indulge* the belief that ^ y
nation—not merely of » d ,.|| )e jbmrfaU
whole «ri«« of facta—they w^^, (I fi
nations do not be*it»te. i f („ot aW
protection Jto TO
Jecta according to . and ^
iiothcd with
stance* they havejwWj*et
limit, whlcu thi. Shaed B
catweit would not feel Ju» j^poeed taj
SJlWon » IU 5; feta**,?
till! Oo,7rOT«nt^£ jl-»«g;
aataKggss-wi-J
ternational n 6 hU ^S£ 0 toer*.a» d
SSSSSoeart
“W dying
ed will brl.«r D0 £SSSnBie! , i!j
Cpl logrdftm for *° l Krf
TJjSttSSSfrmeir
of Turk.,, .^4
B tS« Chug. Mdwimof th. O.S4.IM »l
CooiUntinoplQ, l
dnuodt.4h.lrt|
In a tetter or the ffltb of M.
,,o* .ItegUOM loth.
;.ir r : , ;
IO sovereign*/
AUftctory explanation totpe M
ssflaSssSsaj
,, ifair'AaV-
i r uiTi n'rii/fei I