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S£S£S »•»»«•* *M»r»“> w ^^MlftMUaBUtoD^wtewk BoUilortjU S5mU» <■»»<>»> towfcmt nmw*' , IM«1I |R OMlkMI OMMtf* 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