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Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, October 01, 1853, Image 1

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CITY OF WASHINGTON", SATURDAY MORNING, OCTOBER 1,. 1853.
WASHINGTON SENTINEL
IS PUBLISHED DAILY
BY BEVERLEY TIJCKEK,
? Ward'* Building, near the Capital,
CITY OF WASHINGTON. Vi
TERMS.
Daily, per annum, m advance $10 00
Tri- Weekly, commencing October 5 fl 00
Weekly " 44 fa 2 00
To Climbs ok Individuals, subscribing for
live or more copies?
Tri-Weekly, per uuumn, in advance. $.'i oo
Weekly " " 1 .00
Postmasters are requested to act as agents.
PROSPECTUS
OK THE
?WASHIW(.T()N SENTINEL*"
I PROPOSE to publish in the city of Washing
ton, ill September,? political newspaper. un
der the name of the WASHINGTON SENTI
NFli.
lit doing so, it is proper 1 should make known
the principles it will maintain, and the policy it
will advocate.
It will support cordially and earnestly the prin
ciples of the Democratic party of the United States.
It does not propose to be the organ of any Depart
ment of the Government, except in so far as an in
dependent maintenance of the doctrines of that
party may represent its opinions and express its
yiews.
It will not be ambitious to comineud itself to the
people by a blind tlattery of their rulers. It will
seek public support by the bold avowal of the
sentiments which are common to the genuine
Democracy of the Union, and by-the condemna
tion of all such as may conflict with them, from
whatever quarter they may come. It will seek to
be (and it will endeavor to deserv# the title) the
organ of the Democratic party of the United
Stat#*
The Sentinel will maintain, as a fundamental
truth of that great party, that the States formed the
Union between them by the ratification of the Con
stitution as a compact; by which, also, they created
the Federal Government, and delegated to it,
as their common agent, the powers expressly
specified in it, with an explicit reservation of all
others to the States, or to their separate govern
ments. The exercise of any powers beyond these
thus delegated, is, therefore, an usurpation of the
reserved authority of the States by the? agent'of
their own creation.
The Sentinel will uphold and defehd the Union
upon the basis of the rights of the States?under
the Constitution?and thus by sedulously guarding
rhe latter, it will the more effectually strengthen
and perpetuate the former.
With regard to the exercise of the powers of the
Federal (Tovernment, the Sentinel Will take as
the principles of its action, that Congress shall ex
ercise no power which has not been delegated by <
the Constitution, according to a strict and fair in
terpretation of its language and spirit; and that it
shall not seek to attain indirectly an object through
the exercise of constitutional power, for the direct
attainment of which it has uo delegation of power.
In other words, all powers exercised must l>e
clearly granted, and ail granted powers must be
used for no purpose, except such as is clearly in
tended by the Constitution.
In respect to the internal administration'of the
Government, the Sentinel will sustain the settled
.-policy of the Democratic party. It will labor tp
inculcate this cardinal doctrine of Democratic, in
ternal policy:?that this Government will best
promote the freedom and prosperity of the people
of the States, by being less ambitious to exercise
power, and niore anxious to preserve liberty; and
by leaving to the individual States the manage
ment Of all their domestic concerns?while it con
tents itself with guarding the confederacy from
external violence, and directing the foreign policy
of the country to the promotion of the common
interests, and defence of the common rights, and
honor of the States composing it.
The Sentinei. will advocate such a progressive
foreign policy as will suit itself to the exigencies,
and correspond with the expanding interests of the
country. That policy should be energetic and de
cided; but should temper firmness with liberality,
and make its highest ends consist with the strictest
principles of justice. The real interests of the
country, upon each occasion demanding attention,
will be its guide in the course the Sentinel will
pursue.
The nntional policy of the world in this age is
essentially aggressive. In the growing sense of
weakness of some of the nationsof the Old World,
and the ambitious restlessness of others, a com
mon motive to colonial extension has developed
itself.
Our settled determination to repel interference
from abroad wilh our domestic concerns, will
prompt us to avoid it in Ihe affairs of other coun
tries, unless by their foreign or colonial policy our
peace should be threatened, our security endan
gered, or our interests invaded. For when the
selfish interests of other nations prompt a foreign
or colonial policy which infringes upon our rights,
and places in the pathway of our commerce a
dangerous and unfriendly rival, such a policy nrtlst
be resisted by remonstrance, and, if need be, by
war.
Our foreign policy should, indeed, l>e defensive;
but to be property defensive, it must sometimes be
apparently aggressive. Our administration should
be vigilant, watchful, and energetic. The world
is full of important movements, commercial and
political, deeply concerning American trade and
American |>ower. It is time we had an American
foreign policy. We must have it. We cannot
avoid it if we would. We have larger interests, and
a greater stake in the world and its destiny, than
every other people. We occupy the Im-si portion
of a continent, with no neighbors but a colony, and
a worn-out, anarchical despotism. We are the
only people whose own land, without colonial de
pendencies, is washed by the two great oceans of
the world. Our agricultural productions nre more
varieil and more essential to civilized life, and to'
human progress?our mineral and manufacturing
resources more, vast?our facilities and capacity for
internal and foreign commerce more extended
than those of any .it her people living under one
government. A continent, to a great extent, un
explored and exhanstless in its yet hidden wealth,
m at our feet. European trade seeks the great East
through avenues which are at our doors, or must
be made through our own limits. Europe, Asia.
Africa, anil the isles of the sea. lying all around
us, look to us as the rising power, through the
agency of whose exnmple. and ever widening and
extcndinir. though peaceful influences, the bless
ings of liberty, civilization, ami religion, are des
tined to triumph over the barbarism and supersti
tion of the millions of the world. And shall such
u people refuse to lay hold upon their destiny, nnd
act upon the high mission to which it is called ?
A mission so full of hope, though so laden with
responsibility, which, if properly directed, must
make our confederacy the harlunger of peace to
the world, as well us the peaceful arbiter of its
destiny.
The Sentinei, will, therefore, advocate a bold
and earnest foreign policy, such as the condition of
the. country demands; but it will advocate it under
the flag *>fthc country?nowhere else. Its foreign
policy must be consistent with the spotless honor
nnd unimpeachable good faith of the country. To
be respectable at home and abroad, and to be great
in the eyes of the world, it must ask for nothing
but what is light, and submit to nothing that is
wrong. It must be liberal and magnanimous to
the rights of others, nnd firm and immoveable in
insisting on its own. It must, in tine, lie true to
its own interests, rights, and honor?it cannot then
be false to those of other nations.
Such, then, is the chart by which we shall be
guided. Independent and free, we shall endeavor
to be honest and truthful. The true friends of
democratic principles we shall cordially support
and defend. Its enemies in the field or in*ambush
we, shall oppose, and oil all proper occasions de
nounce.
To our future brethren of the press we extend
the hnnd of friendly greeting. The Sentinel is the
rival of no press of its own party?the personal
enXny of none of the other.
The present Democratic Administration has our
best wishes for its success in the establishment of
the great principles upon which it came into power;
and in its honest lalwirs to attain such an end it
will find the Sentinei. its friend nnd coadjutor.
? Tkrms: For the Dnily paper, 510 a year, in ad
vance. For the Tri-weekly, $.*> a year to single
subscribers, and to clubs or persons subscribing for
or more copies, nt the rate of S3 a year. For the
Weekly, $2 a year to single subscribers, and to
elubs or persons subscribing for five or more copies,
at the rate,of $1 80 a year; in all cases payment to
be made in advance.
All communications should be post paid, and ad
dressed to Beverly Tucker.
JHF* Editors throughout the country are request
ed to copy the above Prosj>eetus, and send un a
?opyof their papor, who shall receive in return a
copy of ours. BEVERLEY TUCKER.
Washington, Sept. SI, 1853.
CHESAPEAKE and Ohio Canal Slock
wanted by PETER A. KELLER,
Sop 31 Opposite the Trooury.
spirits anir fato
OPF1CURS AND SOLDIERS OF TIIK
Mexican war, or others having claims
against government.?Claims ibr bouuly lum!
ami invalid pensions, in behalf of officers and
Soldiers in the Mexican. Florida. or Revolutiona
ry war, or of 1812, extra-pay, moneys i?anl lor ruin
ing and subsisting troops; also, claims under the
new pension law, in behalf of widows and or
phans of officers and. soldi Jrs, prosecuted l>y 1
F. E. HASSLEU,
Sep 28?3tlaw Wushington.
A GKNCY FOR CLAIMK The subscrl
J\_ ber lately, und for a nuiulter of years past, a
Clerk in the Pension Oliice, otters his services to
the public as Attorney and Agent Ibr prosecuting
claims before Congress and the several Depart
ments. Having access to the largest collection ol
evidence of Revolutionary service, particularly ot
officers of the Stall' Department, to be found iu the
hands of any private individual, he feels confident
it will enable him to render satisfactory and valu
able service to those who may employ him to es
tablish claims which have long remained suspend
ed for want of proof ami proper attention.
Those engaging his services will be constantly
kept advised ol' the progress of their claims.
AII communications to be post paid.
He is permitted to refer to? i
Col. J. J. Abert, Chief of Corps of Top. Engineers.
John Wilson, esq., Com. of the Gen. Land Office.
J. L. Edwards, esq., Ijate Com. of Pensions.
J. G. Berret, esq., Postmaster, Washington, D. C.
Maj. J. li. Eaton, Late Secretary of War.
Beverley Tucker, Washington.
ORRIS S. PAINE.
Sep 21?3t
TO THE Hi: I KM OF OFFICERS AND
Soldiers of the Revolutionary and other
Wars.?The undersigned having established a per
manent General Agency at the seal of Govern
ment, for the prosecution of claims against the
United States, continues to give his usual prompt
attention to all business entrusted to his care.
The success he hns achieved in bringing about
a speedy settlement of old claims placed in his
hamls, justifies hjin in believing that he will l?e
equally fortunate in behalf of his clients for the
future. Suspended Pension and Bounty Land
cases meet with special attention, and in no case
will a fee be charged, unless the claim be allowed
and paid by the Government.
There are many representatives of deceased
Naval Officers who have claims that can be estab
lished l?y applying to the subscriber.
Robert ii. gAllagher,
Formerly of Virginia.
References, (if necessary.)
Chubb Brothers, Bankers. Washington, D. C.;
John S. Gallagher. Esq., late Third Auditor of the
U. S. Treasury; Hon. Jackson Morton, United
States Senate; Drexell it Co.. Bankers. Philadel
phia; M. Judson, Esq., Banker. New Orleans;
Wright ?Sc Williams, Bankers, Erie, Pennyslvoiiia;
Maury & Morton. Bankers, Richmond, Va.; Bur
eoyne & Plume, Bankers, New York; Ellis A: Mar
ton, Bankers. Cincinnati, Ohio; and Johnson, Bro
ther & Co., Bankers. Baltimore, Md.
N. B.?I have facilities for establishing service
.in Wayne's \Var, by which all eutitled to Bounty
Land, or Pension can secure the same. The dif
ficulty heretofore in establishing the service re
ferred to has grown out of the fact that the Depart
ment itself has no rolls of Wayne's War.
' R. H. G.
Sep 21?3t Washington.
T AW NOTICE.?SIDNEY S. BAXTER,
I J late attorney general of Virginia, has re
moved to Washington to practice law.
He will practice in the Supreme Court of the
United States, the courts of the District of Colum
bia, and attend to any professional business con
fided to him.
Office in Morrison's new building on 4 J street,
east of Pennsylvania avenue.
REFERENCES,
Hon. J. J. Allen. Hon. Win. Daniel.
Hon. Richard Moncure. Hon. G. B. Samuels,
lion. G. II. Lee, of'the Court of Appeals of
Virginia.
To the Judges of the Circuit Courts of Virginia.
To the senators und members of Congress from
Virginia.
Sep 21?lyeod. (m)
A GENCY AT W A SHIN G TO N ?To
Claimants.?FRANCIS A. DTCKINS con
tinues to undertake the agency of claims before
Congress ami other branches ol' the government,
including commissioners under treaties, and the
various public offices, lie will attend lo pre
emption and other land claims, the procuring ol
patents for the public lands, and -procuring scrip
for Virginia bounty land warrants, and the confir
mation by Congress of grants and claims to lands,
claims for property lost in or taken tor die service
Of the United States; property destroyed by the
Indians, or while iu the possession of the United
States; invalid, revolutionary, navy, widows',and
half-pay pensions; claims lor' revolutionary ser
vices, whether Ibr commutation, half-pay, or
iKiunty lands; also, claims for extra and back pay,
Arc., of soldiers, sailors and marines; as well those
against the State of Virginia, as the United States;
all claims, growing out of contracts with the. gov
ernment, for damages sustained in consequence ot
the aciton or conduct of the government;and. in
deed, any business before Congressorthe public of
fices which may requirethe aid of an agent or attor
ney. His charges will be pioderate. and depend
ing upon the amount ol' the claim and the extent
ol the service.
Mr. F. A. Dickins is known to most of those who
have been iu Congress within the last lew years,
or who have occupied any public attention at
Washington. ,
His office is on Fifteenth street, opposite to the
Treasury Department, and next door to the Bank
of the Metropolis.
All letters must be postpaid.
Sep 2t??lyd . (m)
EN ERA I. AG EN C Y, VV ashing ton City,
D. C.?The subscriber oilers his services to
the public in the prosecution ol'elaims before Con;
gress or any of the Departments of the Govern
ment. Some years' experience as disbursing Agent
at the Indian Department, with a general knowl
edge of the mode of transacting business in the
offices of the Government, enables him to promise
satisfaction to all who may intrust business of this
character to his care.
He will also give special attention to the collection
of claims against parties residing in the. District of
Columbia or vicinity ; to negotiating loans, as well
as the purchase or sale of Stocks. Ural Estate. Land
Warrants, jrr., tfc.. or furnish information to cor
respondents residing nt a distance, in regard to
any business which may interest them at the seat
of Government.
'IU. Office over the Banking-House of Sei.DKN,
Withers & Co., to whom he refers. ,
JAMES J. MILLER.
N. B. References of the most satisfactory cha
racter will be given lo correspondents yt whatever
State they may reside.
Sep. 24?l m
Attorney for the prosecution
of Claims, at Washington City.?The under
signed having been engaged successfully iu the
prosecution of Claims before the Departments nnd
before Congress, for several years, will attend
promptly to all claims entrusted to his care, mid
especially Revolutionary Pensions, Bounty Land.
Extra-pay, and pensions for services in the war of
1812, and the Mexican war, as Well as nil the In
dian wars.
Office on D stTeet, one door chM of |Oih street.
11. V. SPALDING,
Sep 21?It Attorney.
I*~AW AND~CI. AIM AGENCY OFFICE,
J at Washington City.?Charles K. Sherman,
Attorney at J.aw, respectfully tenders his profes
sional services to the public. He will give prompt
and careful attention to any legal business confided
to his care in any of the Courts of this District.
He will give the same attention to the prosecution
of claims against the Government, before nny of
the Departments or Congress. In cases of mag
nitude or difficulty he will be assisted by his father,
Charles E. Sherman, Esq.. ef this city.
Office on Louisiana avenue.
Sep 31?It
(tbucatiflnal.
Columbian College, W naliingUm, l>. C'?
fTlhe collegiate year of (Ins institution w ill liere
JL utter consist of one continuous session, begin
ning on the last W'ediK'Nlay in SepteiulKir, and
closing on the last Wednesday in June, on which
day the uuuual eoiiiuteiieeitieul Jor conferring de
gree* will Ik- held.
The ensuing session will open on the 2Sth of
the present month.
The charges are:
For tuition per session of nine months. $40 00
Use of room, furniture, library, and at
lendunee 30 00
Board. (per week) 2 25
i o those who do not board in eollege the charge
for tuition is the same, ami for the use of room,
furniture, library, Are., $25 per session. There is
au admission fee of $10, and a small charge each
session for contingencies. Fuel and lighltt are fur
nished at cost, and washing at 37J cents per dozen.
The necessary college expeuses of a boarding ntu
dent will not exceed $180 or $190 per annum. All
the bills are payable one half at the beginuiug, and
the bnlauce at the middle of the session.
With a view of giving to the different depart
ments of instruction a wider extension, and at the
same time of meeting a public want by rendering
the advantage of the college available to a larger
number and a more varied class of students, some
important changes have been made iirthe order
and arrangement of the students. A i\ew course
has been adopted, styled the {Scientific Course, and
the degree of Batchelor of Philosophy (B. 1'.) at
tached to it. It witf occupy about three years, and
will embrace all the studies of the regular course
for the degree of Bachelor of Arts, with the ex
ception of the ancient languages. This course
will be specially adapted to those who wish to ob
tain what is called a practical education, as the
mathematical and scientific studies will have
greater prominence than usual, purticularlyin their
application to the arts and business of life. Those
who may wish to become practical surveyors, en
gineers. or agriculturists, will be enabled, with the
advice of the faculty, to select their studies with
special reference to those objects, and will receive
the aid of lectures and illustrations. The doors of
the College will also be opened to those who may
wish, under its general regulations, to pursue any
branch of study for any length of time. They may,
Under the direction of the faculty, select such sub
jeers as are suited to their views and objects in
lite, and. on examination, may receive a regular
certificate of their standing and proficiency in the
same.
The number of officers and instructors has lately
been increased, und others will be added as the
wants of the several departments muy require.
Measures are in progress for filling immediately
the chair of chemistry, geology, mineralogy, and
botany in a manner that will add greatly to the in
terest and profit of those studies.
The preparatory department has been placed
under caref ul and efficient management, in a build
ing which has been handsomely fitted up for its
reception. It has an able and experienced teacher,
and is under the general supervision ol'the faculty.
It will thus afford the best advantages for laying
the foundation of a thorough classical ami mathe
matical education. ,
Boarding pupils will be received under the im
mediate care and direction of the principal, and at
about the same expense as regular college stu
dents.
The buildings have recently undergone thorough
repairs, and the grounds are being laid out and im
proved in a manner that will add much to the con
venience and attractiveness of its already beauti
ful situation.
It is believed the College never presented so
strong inducements as it now does to young men
who desire to obtain a thorough and liberal educa
tion. J.S.BACON,
Sep 21. President.
UNIVKRSITY OF VIRGINI A.?The next
session of this institution will open the 1st of
October, and close the 29th of June following.
The university embraces the following schools,
viz: 1. ancient languages; 2, modern languages;
.'I. mathematics; 4, natural philosophy, mineralogy,
and geology; 5, chemistry; *>, medicine; 7. com
parative anatomy, physiology, and surgery; 8, mo
ral philosophy, rhetoric, and belles lettres, and po
litical, economy; 9, law. Also a lectureship of
special anatomy and materia medica. and a de
monstratorship of anatomy. The schools of an
cient laugunires, modern languages, and mathe
matics. have each an assistant instructor; and in
the school of law there is an adjunct professor.
The expenses, (not including clothing, books, or
pOeket-inoney.) arc as follows:
Tuition fee. say three schools, at $25 each .$75 00
Boarding, including diet, room-furniture,
anil attendance of servant, payable in
three instalments in advance ........ 120 00
Room rent, two occupying a room, $S
each... .' 8 00
(Rents without the precints, something .
more.)
Matriculation fee, $15; contingent depo
sit. $10 25 00
Washing, say $10; fuel and light, say $J0 30 00
$258 00
?Students of medicine are charged with four
tickets, at $25 each and a dissecting fee of $5.
The fee in the immediate class of law is $110 ; in
senior class, $75.
GESSNER HARRISON,
Sep 21?tf Chairman of the Faculty.
National. medTcalImieuk,
Washington.?The Thirty-second Annual
Course of' Lectures will commence on the fourth
Monday in October, and continue until March.
KWTI.TY.
Thomas Miller. M. I)., Professor of Anatomy
and Physiology.
Win. I*. Johnson, AT. P., Professor of (>bstet
rics and Diseases of Women and Children.
Joshua Riley, M. I)., Professor of Materia Med
ica. Therapeutics and Hygiene.
John Fred. May, M." I)., Professor of the Prin
ciples and Practice of Sur'gery.
Oration Tyler. M. 1)., Professor of Pathology
anil Practice of Medicine.
Robert King Stone, M. I>.. Professor of Micros
copal and Pathological Anatomy.
Lewis II. Steiner, M. D., Professor of Chemis
try and Pharmacy.
Charles F. Force, M. I)., Prosector and Demon
strator.
The facilities for the prosecution of practical
anatomy are ample.
Like most similar institutions in Europe, the
desks from which the regular lectures are given,
and the wards for clinical instructions are under
the same roof.
The extensive additions to the buildings since
the last session, for the accommodation of the
sick, will greatly extend the usefulness of the
medical and surgical clinic.
The entire expense for a full course of lec
tures is 9<H)
Practical anatomy by the demonstrator 10
Martriculatiug fee (payable only .once) 5
Graduating expenses 25
Admission to the Medical and Surgical Clinic
through the'whole course without charge.
ROBERT KINO STONE, M. !?.,
Dean of the Faculty.
Office and residence corner of F ami I Ith streets.
Sep 21?-tNov.l
MODRRW LAMRUAr.lM. I). K. Groiix.
a native of France, teacher of'Modern Lan
gunifes, especially French. Spanish, and German.
T rnuslat ions made with correctness and punctu
ality. Professor ot Numcsmatic*. for the classifi
cation and explanation of medals and coins.
Pennsylvania avenue, south side, between 0th
and ?tli streets, o|>po?ile Brown's Hotel.
Furnished Room* to rent at that place.
S#?p VI ,|ti
HROWVN MAKIII.K HOTKI.,
PRNNSTI.VANU AVKSI'K,
WASHINGTON CITV.
T. P. Hruws. M. Brown.
Sep 21?dtf
FIME PARLOR GRATEM, Ju?t received
direct from the N?w York manufacturer*, for
sal? by W. H HARROVfiR,
Sap 21???o2w t (tu) Op. th? Patriotic Bank
IMPORTANT DIPLOMATIC COKRESPONDKNCK
Mil. HI LHKHANN TO MK. MA1U V.
[Trauslatiuu.]
Ai'ktkian Le<;ati<>n,
Washington, if, W>:i.
The undersigned. Charge d'Affuires of Ins Ma
jesty I lie Emperor of Austria. has been instructed
to address tliix official mile to the honorable Sim
retary of Stute, in relation to ihe difficulties which
liave occurred between the agents ol the two gov
ernments at the purl ol'Smyrna.
The facts which came io pass on iliat occasion
are ol piiblio notoriety, and the undersigned thinks
he may confine himself in hi* comments thereon
to the moot prominent point.*. Our consul gene
ral, Mr, do ' Wecklieoker, exere/Mng the right ol
jurisdiction which has been guarantied l>y treaties
lo the consular ugeu's ol" AiIJWij m th?> re
lative to their countrymen, hail cuuwed to be ar
rested. and couveved on Utard the Austrian brig
ol-war "Iluszar," the Hungarian refugee, Martin
Koszta; who, residing at one lime in the interior,
at Kutahia, had lelt Turkey, in company with ln.s
sulli, ami who, alter having pledged himself in
writing not lo set loot again on Ottoman territory.
broke that pledge by returning some mouths since
to Smyrna. This arrest gave cause lo some re
clamations which Mr.Olttey. I'mted Slates consul,
conjointly with the commander of the American
sloop-of-war '? St. I^ouis," anchored in the roads
before Smyrna, deemed it bent upon them
selves to address lo Mr. tie Wecklieeker, buseing
their demands upon the fact that the aforesaid^
Koszla, having, according to theui, caused huusell
to be uuturulizcd in the I'nitfd States, was enti
tled to the protection of the Americau autliorilies.
I'pon this, the consul-general of the emperor, ac
companicd-by the American consul and the Amer
ican commander, repaired on loard the ?? Huszur,"
and these two functionaries hail it in their power
lo convince themselves, from the declarations ol
the prisoner himself, that tlit? latter had not ac
quired tin* quality of citizen of the I niled States,
and that he was not even provided with an Ameri
can passport.
(hi his own part the charge d'affaires ailuitrrim
of the United States al Constantinople, addressed
a communication, on the '27th of June, to the im
perial internuncio, (minister.) the object ol which
was to ask for the release of Koszla, upon the
plea that he had taken some steps to be admitted
as Hit American citizen. Baron de Bruck replied
to this request on the same day, refusing lo com
ply with it. Two days a tier, Mr. Brown returned
again to the charge, by forwarding lo Mr. de
Bruck a copy of a declaration purporting to have
heeii signed by Koszla, in New York, on the Mist
of July last, ami which the charge de'allaires ol
the Union seems 10 regard sufficient to imply the
naturalization of lhat refugee in America. The
internuncio replied that it was impossible for luin
lo alter his determination, as he could not consider
the individual in question as belonging to a Ibr
foreign jurisdiction so long as the tics which
bound him to his country were not legally disolved.
The undersigned thinks il proper to imbody with
the very text of this note, a copy of the document
above mentioned, which lias served as the basis
to all the extraordinary proceedings bolh on the
part of Mr. Brown and that of the commander of
the St. Louis. Here it is :
Declaration via tit by Martin Koszla, of altfguinre
t&the governmentof the Vnited Shitrs.
I, Martin Koszta, do declare, on onth, that it is
bona fide my intention to become n citizen of the
United States, and lo renouuoe forever all allo
ginnce mid fidelity to all and every foreign prince,
potentate, Stale, and sovereignty whatever, and
particularly to the einperor of Austria.
Sworn in open court lliis ,'llst day of July, 1*32,
before me, cler.k of the court, fire.
(Signed,) MAKTIN Kt'SZTA.
I, - -, clerk of the court of . being a
conn of record, having common law jurisdiction,
and a clerk and seal, do certify that the above is
a true copy of (lie original declaration ol Mr.
Koszta to become a citizen of the 1'lilted States,
remaining opened in my office.
In testimony whereof, I have hereunto sub
scribed my name ami ailixed the seal of
ft., s.l the said court the 31st dayof July, I*"*-'.
_ , Clerk.
It is difficult to conceive how the representative
of the United Stales could liave sought to lound a
proof of the pretended naturalization of Koszt.i
upon a document destitute of all authentic char
acter, seeing thai the form of legalization which is
affixed to if. and which alone could have invested
it with that character, leaves in blank* both the
name of the tribunal before w hich the declaration
of Koszta must have been made, and the name ol
the clerk who is supposed to he the depositary
of I he original document, anil that, moreover, this
pretended legalization has neither signature nor
official seal attached to it. Mill even admitting
the authenticity of this declaration, and suppos
ing that Koszta could, without \ minting the laws
of Iiim country of his own accord, and without t?ny
other formalities, have broken asunder the lies
which bind him to his native soil, the text oftiie
document shows that the auiii"r ol ii has done
nothing more than to declare lit" imention ol be
coming a citizen of the 1'nited Slates, and, with
that object: in view, of renouncing liis rights of
nationality in the Stales of the emperor.
A few days later a new and lamentable episode
occurred to aggravate the question. < >n the morn
ing of the 'i?l of July the commander of the Ameri
can sloop-of-war "St. Louis," Mr. lngraham. sent
a message to the commanding officer ol the "Hus
zar," to the effect that, in pursuance of instructions
received from the charge d'aifaires of the United
Stales at Constantinople, he had to call upon him
to deliver the aforesaid Koszta into his hands;
adding that if he did not receive n satisfactory an
swer by \ o'clock in the afternoon, he should
cause the prisoner to be taken away by main
force. As it was reasonable t<> expect, our com
mander, instead of complying with this request,
prepared himself to repulse force by force; and
when, al the hour designated, the American c.i::s
mander. getting ready to carry out Ins threat,
ranged himself alongside our vessel, and brought
Ins guns to bear upon the imperial brig, and whs
about to carry matters to the laM extremity, our
brave sailors, although much inferior in numbers,
were determined to oppose a vigorous resistance
to the act of aggression which was on the. point
of Itein'g consummated in the neutral poit ol'j
Smyrna, and'on the part of a vessel-of-wnr belong
ing to a power with which Austria was at pence.
Our consul-general only succeeded in preventing
this bloody catastrophe, which would probably
have ended in the destruction of a considerable
portion of the town of Smyrna, and of vessels ol
all nations in the harbor, by consenting that Kos
zta should temporarily, and until the settlement ol
the difficulties of which he was the subject, be
confided to the custody of the consul-general of
France, at Smyrna. ,
The return of Mr. Marsh to Constantinople, a
few days alter these events, brought on a discus
sion between himself and our internuncio, ol the
question whether-Martin Koszta was to be con
sidered as nn Austrian subject or as a citizen of
the Umled Slates. Although still ignorant of this
discussion, the imperial government ha* come to
the determination not to delay any longer address
ing itself to the government of the United States
through my instrumentality. There are two dis
tinct questions involved ill this discussion. I'lie
is the main question relating to the dispute alsnit
the rights of jurisdiction which has risen between
the legations of Austria and of the United States at
('onstantinople, concerning Koszta ; the other ques
tion. hi least, fully as important as that which has
reference to those formalities, in virtue of which
thengents of the United States have deemed them- I
selves authorized in urging their pretensions.
With regard to the first of these two questions,
treated in the correspondence which has taken
place on the subject between the internuncio and
the charge d'aifaires ad interim of the I'nited
States in Turkey, the imperial government adopts
entirely the views of Haron de Bruck. In oer
opinion, Koszta has never ceased to he an Aus
trian subject. Everything combines to make the
imperial government persist iu I hi^ e??imate of the
matter. The laws of his country arc opposed to
Koszta'a breaking asunder, of his own accord, and
without having obtained permission to expatri
ate himself from the authorities of that country,
I * IJt<>ral?mskM no tntnUou <if olthvr transistor.
i lie lies of nationality which bind* hiin to it. Tluv
very declaration oi'ilial refugee011 board the ??' llus
zar, hi tin* presence ofthe American coiiiis-jI and
ofthe comniauder ofthe ".St. Louis," show,* that
he Mill consider* himself us a subject of the em
peror. In short, even according to tin* terms of
the .aw <>l the Union, such a declaration,.sup|>osed
to !iuvc hcen signed l?y Ko*zta. and from which
-Mr. ISrown lias pretended to inter his naturaliza
tion ill the Culled States, is not suliicieul to pro
duce that effect. The undersigned thinks lie may
dispe.ise entering into any I'urtlierdetails in regard
to this question, seeing that the Department ot
State of the L'mted States constantly refuses to
grant passports to individuals who find themselves
in this category, and that ofliciulpublications have
been inade from time to time to that elfect.
As there can l>e no doulit, therefore, concerning
llif ijiiestioii of nationality, the consul-general ofj
the emperor at Smyrna was, without doubt, per- i
lectly justified when, in virtue of those treaties,
which subject Austrian subjects in Turkey to con- i
nuUir .1.1 ristflctiou, he seized the person of Ivoszta
within the pale of his jurisdiction. ^
Such being the case, the imperial government i
trusts that the government of the l'mted States
will hasten to instruct its consul at Smyrna not to
interpose any obstacle to the extradition of' the
aforesaid Koszta, by the consul-gcncralof France,
to the consul-general of Austria at Smyrna.
Hut. apart from this question of Jurisdiction, it
is especially the mode adopted by the functionaries
of the I'nited States, iu order to settle the matter,
which has given the imperial government the most
legitimate grounds of complaint.
I he act of violence which the commander of the
sloop-tif-war " St, Louis,1' committed ugainsi the
Austrian brig "Hussar"?that real act of war,
committed iu full peace, in a neutral port, the fatal
effects of which were only averted by the prudence
and moderation of our consul-general at Smyrna?
constitutes an outrage upon the principles of the
law of nations; and the imperial government'has
no doubt but that this act, viewed iu such light,
will have been condemned by the government of
the I nitcd States, said government being itself in
terested iu preventing the repetition of similar oc
currences.
The events of the 2d of July at Smyrna present
in a two-fold point of view a serious deviation front
the rules of international law.
1st. The commauderof jthe United States sloop
of-war ??St. Louis'' threatened that the brig of
his Imperial and Royal Apostolie Majesty, the
" Jluszar," with a hostile attack, by bringing his
gun* to bear upon the latter, and by announcing
in writing, that if a certain individual detained on
board, whose nationality was being discussed be
tween the agents of the two governments, was
not delivered over to him at a stated hour, he
would go and take him by main force.
There tan be no doubt but that the threat of
attacking, by main force, a vessel-of-war belong
ing to the military marine of a sovereign State,
whose flag she carries, is nothing: else than a threat
of an act of war. Now. the right of muking war
is necessarily, and from the very nature of that
right, inherent in the sovereign power. " A right
of so momentous a nature," says Vattel. (Law of
Nations, vol. 2. book 3, chap. 1, $ -1.) '-the right
of jinking whether the nation has real grounds of
complaint; whether she is authorized to rut ploy
force, and justifiable in lairing up ann.i; whether
prudence will admit of such a step, and whether
the welfare of the State requires it?that right.
I say, ran belong only to the body of the an
tio>i or to 'the furrreign, her representative. It is
doubtless one of those rights, without which there
run he no salutary government, and which are
therefore called rights of majesty.
The founders of the republic of the United
States fully rccoguizcd, from the beginning of the
Union, the rights reserved to the sovereign power.
The articles of perpetual confederacy and union
between the States of New Hampshire, Massa
chusetts. ?S:o., of 177S, contain already the follow
ing stipulation (IX, f 1:)
i "The right of declaring war and to make peace
shall belong solely and exclusively to the Congress
of the United States."
This basis of the public law of the United States
was preserved and sanctioned by the Constitution
of the United Stales, of 17S7, which reserves the
power of declaring war explicitly to Congress,
(section VIII.)
I'pon this point, the Constitution of tin- United
States harmonizes perfectly with the public law of
Lit rope.
iliii this right, reserved to the supreme power
of each country, would become illusory and null,
it' tMiiimanders of naval forces or others were to
be explicitly or tacitly authorized to undertake.
eithiH-of their own accord, or upon the order or
with t he consent of'a diplomatic or consular agent,
to commit acts o| aggression and of war against
the vessels or tin- troops ot' another nation, with
out special instructions from the snpre.ii' authority
of tln ir own country, notified in tut ' , ins pre
scribed by the law ot'nations.
It is impossible that the regular government* of
the civilized world can wish to expose their au
thority. as well as general peace, to the hazards
of hostilities commenced without their knowledge,
and without special authority from the sovereign
power, by such or such functionary, in a foreign
land.
2i!!y. This act of hostility has been committed
iu u neutral port of a power friendly 'to both na
tions-.
Certainly, it there be one [mint of maritime and
international law which is clearly and positively
defined, and which has been adopted by all the
powers of the world, it is the inviolability of neu
tral ports.the absolute prohibition from committing,
iu mi di ports, acts of war anil of violence, even
uga st the enemy with whom we are at open
war. Modern history furnishes but few examples
ol casesol this kind. One of theserare instances
is the attack upon the Dutch Last India fleet, v Inch
had taken shelter in the port of ficrgue. in Norway.
by the admiral commanding the forces of the enemy ;
ami although t)iat attack was repulsed by the guns
of the fort of that neutral port, Yattel? an authority
i'111vt rsally recognised iu matters relating to the
law of nations?does nevertheless* accuse the
neutral power (Denmark) of having complained
in too faint a voice of ;?n undertaking so injurious
to her dignity and to her rights.
In order the better to establish the concurrence
of all nations, and the unanimity of all expound
ers of civil law on this question, we can quote the
aulhority of an American statesman. The follow
ing is the opinion of Mr. Henry Wlicnion : "The
rights ot war. says he, (Llciticuts of International
Law. part iv.. chap. 111. $ 7.) "can be exercised
only within the territory of the belligerent powers.
upon the high seas, or in a territory belonging to
no one. Hence it follows that hostilities cannot
lawfully be exercised within the territorial juris
diction of the neutral State, which is the common
friend of both parties." Then. $ !?: ' Not only arc
all captures made by the belligerent cruisers with
in the limits of this jurisdiction absolutely illegal
and void, but captures made by armed vessels
stationed in n bay or river, or in the mouth of a
river, or in the harbor of a neutral State, for the
purpose of exercising the rights of war from this
station, arc also invalid. Thus, where a British !
privateer stationed itself within the river Missis
sippi. in the neutral territory of the United States.
for the purpose of exercising the right of war from
the river, by standing off and on, obtaining infor
mation at the Baline, and overhauling vessels in
their course down the river, and made the cap
ture iu question within three Knglish miles of the
alluvial islands formed at its mouth, restitution of
the captured vessel was decreed by Sir \V. Scott.
So. also, where a belligerent ship, lying within
neutral territory, made a capture with her boats
out of the neutral territory, the capture was held
to lie invalid; for though the hostile force em
ployed was applied to the captured vessel lying
out of the territory, yet no such use of a neutral
territory tor the purpose of war is to !*> permit
ted."
If all hostility against nn enemy declared to lie
within the territorial jurisdiction of a neutral State,
which has friendly relations with lioth parties, is
severely condemned by all writers on international
law; if captures made by belligerent cruisers in
the bays of a neutral Slate, or even by the boats of
the vessels stationed there, out of that territory, art
w?U and illegal, according to the law ot' the
I nitetl States and the decrees of the maritime
courts of Great Britain, an attack upon a vessel
Itcloncing to a friendly power in a neutral port
would deserve to be ceusurcd in still more severe
terms.
The history of maratime wars at the period of
the 1- re lie h revolution furnishes abundant proofs
| of the very purticularicalousy with which the gov
! cruim-ul i >l i In' I uit??<.( Stales maintained the rights
of ucutruU; ami the undersigned would cite some
[ ei'l'-'i'Miril c:rses. hi \\ Inch tli<' first NtilMtnt'ii of
i I lit" Union, tin* most distinguished predecessdr* ol"
Mr. .Murcy in the high |tosiiiou which he fills, have
defended the absolute inviolability of neutral ports,
l?y means ot most elaborate argument's. lint as
the undersigned is fully persuaded tliai tin- Mime,
doctrines will serve as guides to die ttovcriimeut
ot the I'lilted Stules on the present occasion, lie
conlines himself to this slight allusion to those
principles which were formerly maintained, and
: very recently supported by the government ot the
United States in relation to the rights ol neutrals,
and more especially in regard t<> the inviolability
of neutral ports.
The imperial government entertains too Inch an
opinion of the stn.se of justice and ot' integrity of
the Koveruiiicut ot the United States to doubt ti>r
a single instant its anxiety to disavow the conduct
of its agents, under the circumstances above men
tioned,-mid that it will hasten to call them to a
severe account, uiid tender to Austria a satisfac
tion .proportionate to the magnitude tit the out
rage. '
The undersigned avails himself ot' this occasion
to oiler to the Secretary of State the renewed as
surance of his high consideration.
Ul'LSKMANN.
The Hon. W.M. L .Maio v,
Secretary of State ot'the I nited States.
MR. MAItCY TO MH. IHLSGMANX.
Dei'aktwkvi' of State,
If nxhin gt oh, September 'J?l, 1^53.
I lie President has carefully 'considered the note
of Mr. Ilulsernanii, Charge d'A Dili res of his Ma
jesty, the Kmperor of-Austria, of the 29th ultimo,
addressetl to this department, and the other docu
ments relative to the much regretted occurrences
at Smyrna in June and July last, with a view to
ascertain the nature of the complaints therein pre
ferred against the American otlicers engaged in
that a Hair, ami tor the purpose ot' giving such sat
istuction as Austria might lie entitled to receive
in case he should find that these otlicers had not
duly respected her rights.
Though differing very much from the views
presented by Mr. llulsemann on behalf of his gov
erniiieut. the 1'resideut still indulges the hope that
the exposition'ot the principal reasons.on which
his own conclusions are founded will induce his
Majesty's government to look at the transaction
in a dillerent light from that m which it is presented
by that government.
It is the duly of the undersigned to present
these reasons to Mr. llulsemann. and lie will fail
in his intention if. in performing this duty, ho does
not evince a friendly spirit, and avoid; so tar as it
can be done without impairing the full strength of
the case, the introduction of topics to which either
Mr. llulsemann or his government can take ex
ception.
To bring out conspicuously the questions to be
passed ii|M>n. it seems to the undersigned that the
facts should be inure .fully and clearly stated than
they are in Mr. Iiulseimtnn's note.
.Martin Koszta. by birth a Hungarian. and of
course an Austrian subject at that time, took an
open and active part in the political movement ot'
*IV.|!?. designed to detach Hungary from the do
minion of the limpcror of Austria. At the close
of that disastrous revolutionary movement, Koszta.
with many others engaged in the same cause, tied
from the Austrian dominions, and took refuge in
Turkey. The extradition of these fugitives,
Koszta among them, was demanded'and pressed
with great vigor by Austria, but tiriniy resisted by
the Turkish government. They were, however,
confined at Kutahia, but at length released, witli
the understanding or by express agreement of
Austria that thev should leave Turkey and go into
foreign parts. Most of them, it is believed, before
they obtained their release, indicated the United
States as the country of their exile. It is alleged
that Koszta leli Turkey in company with Kossuth ;
this is believed to be a mistake, and that lie en
gaged never to return?this is regarded as doubt
till. To this sentence of banishment?tor such is
the true character of their expulsion from Turkey.
Austria gave her consent; in truth, it was the re
[ suit of her etibrts to procure their extradition, and
i was accepted by her .is u substitute tor it. She
had agents or commissioners at Krtalua to attend
lo their embarkation, and to her the legal conse
. t|iiences ot tins act are the same as it' it had been
done directly by herself, and not by the agency of
the Ottoman J'orie. Koszta came to the United
Stat? s and selected this country tor his future
home. >
< 'ii the .'!| st ot July. I v.Vj, he made a declaration,
under oalh. before a proper tribunal, of his inten
tion lo become a cillzeu of the United States, and
renounce all allegiance to any other State or sov
eietgn.
Aticr remaining here one year and eleven
mouths, lie returned on account.' as is alleged, 4)|
private Ifiisincss. ot a temporary character, to
Turkey hi an American vessel, claine'd the right*
of a naturalized American citizen, and ottered to
place himself under the protection of the United
Slates consul at Smyrna. The consulate at lirst
hesitated to recognise and receive him as such;
l>ut afterwards, ami some time he lore his seizure,
lie and the American Charge d'Afl'aires ml interim
at Constantinople, did extend protection to him.
nml furnished him with a Trzlnvh?-a kind of
passport or letter of sate 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 toohservethat
there i* no exception taken to his conduct arter
Ins return to Turkey, and that Austria has not
alleged that he was there for any political object,
or for any other puriKtse than the transaction of
private business. While waiting, as is alleged,
for an opportunity to return to the United States,
he was seized by a band of lawless men.--freely,
perhaps harshly, characterized in the dispatches
as "ruffians," "I J reek hirelings." -robbers"?who
had not. nor did they pretend to have, any color ot
authority emanating from Turkey or Austria,
trea|ed with violence and cruelty, mid thrown into
the sea. Immediately thereafter he was taken up
by a boat's crew, lying in wail for him, belonging
to the Austrian brig-of-war the lluszar. forced on
. lioard of that vessel, and there confined in irons,
it is now avowed, as it was then suspected, that
these desperadoes were instigated to this outrage
by the Austrian consid-geueral at Smyrna; but it I
is not pretended that lie acted under the civil au
thority of Turkey, but. on the contrary, it is ad
mitted that, on application lo the Turkish gov
ernor at Smyrna, that magistrate refused to grant
the Austrian consul any authority to arrest
Koszta. ' ? i
The consul of the United Sinte?s at Smyrna, as
soon as he heard of the seizure of Koszta. and the
Charge d'Allaire* of the United Stales uH interim
in Constantinople, afterwards interceded with the
Turkish authorities, with the Austrian consul
general at Smyrna, and the commander of the
Austrian brig-of-war, for his release, on the ground
of Ilis American nationality. To support this
claim. Koszta's original certificate of having made,
under oalh, in a court in New York, a declaration
of intention to become an American citizen, was*
prorfi/cr,/ at Smyrna, and an imperfect copy of it
placed in the hands of the imperial Austrian in
ternuncio at Constantinople*! I'lio application lo
these officers at Smyrna' for his liberation, as well
as that of Mr. Hrown. our Charge d'AHhires. to
llarou de Rruck, the Austrian Minister at Con
stantinople. was fruitless, and it became notorious
at Smyrun that there was a settled design on the
pari ol the Austrian officials to convey linn clan
destinely to Trieste a city within the dominion
ol the Emperor of Austria. Opportunely, the
United States sloop-of-war. the St. Iaiiiis. under
the command of Captain Ingraham. arrived in the
JiarUir of Smyrna before this design Mas executed.
The commander of the St. l<ouis. from the repre
sentation of the case made to him. felt it to be his
duty, as it unquestionably was, to inquire info the
validity of Koszta s claim to American protection.
He proceeded with delilierntiou and prudence; and
discovered what he considered just grounds tor
inquiring into Koszta s claim to be discharged on
account ol his American tun inutility, Ouring the
pendency of this inquiry he received notice of the
design to take Koszta clandestinely, before the
question nt i?sue was settled, into the dominion* I
ol the Rmperor ofiAustria. As there was other I
: evidence of bad faith besides the discovered de- I
I sign of evading the inquiry. Captain Iinrrahain de- I
' nianded his release, ami intimated that he should I
I resort to force if the demand was not complied I
WASHINGTON SENTINEL
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All correspondence on busiueit* must be prepaid.
? with by a certain hour. Fortunately, however,
no force was used. An arrangement was made
by which the prisoner was delivered to the cus
tody of the French consul-general, to be kept by
itiin until the United States and Austria should"'
agree as to the manner of disponing of him.
This full stateiiieiit of' the facts is deemed iiii
|Kirtaut, as it will correct home errors and aid iu
presenting, with more distinctness, the questions
to be discussed.
The undersigned will now proceed to present
the views of the President upon this transaction,
and his reply to these several demands.
His lm|icrial Majesty demands that the govern
ment of the United States shall direct Koszta to be
delivered to hun; that it shall disavow the conduct
of the American agents in this affuir, call thein to
a severe account, ami tender satisfaction propor
tionate to the outrage.
In order to arrive at just conclusions, it is ue
cessury to aseertaui and clearly define Korzta's po
litical relation with Austria and with the United
Stales when be was seized at Smyrna. This is
the tirst point wliieh naturally presents itself for
consideration, and perhaps the most im^Mirtant one
in its bearings upon the merits of the case.
There is ureal diversity mid much confusion of
opinion as to the nature and obligations of alle
giance. Hy some it is held to lie an indestructible
political tie. and though resulting from the mere
accident of birth, yet forever hiudiug.the subject to
the sovereign; by others it is considered a politi
cal connexion in the nature of a civil contract, dis
soluble by mutual consent, but not so at the option
of either party. The sounder and more prevalent
doctrine, however, Is, that the citizen or subject,
having faithfully performed the past and present
duties resulting from his relation to the sovereign
power, may at any time release himself from the
obligation of allegiance, freely <|uit the laud o( his
birth or adoption, seek through all countries a
home, and select anywhere that which offers him
the fairest prospect of happiness for himself and
his posterity. When the sovereign power, where
soever it may In* placed, does not answer the ends
for which it is bestowed, when it is not exerted
for the general welfare of the people, or has be
come oppressive to individuals, this right to with
draw rests oil us tirin a basis, and is similar iu
principle to the right which legitimates resistance
to tyranny.
The conflicting laws on the subject of allegiauce
are of a municipal character, and have no control
ing operation beyond the territorial limits of the
countries enacting thein. All uncertainty as well
as confusion on this subject is avoided by givingdue
consideration to the fact that the parties to theques
lion now under consideration are two independent
nations, and that neither has the right to appeal to
its own municipal laws for the rules to set lie the
matter iu dispute, which oecurredi within the ju
risdiction of a third independent power.
Neither Austrian decrees nor American laws
can be properly invoked tor aid or direction in this
case, but international law turuishes the rules for
a correct decision, and by the light from this sourer
shed ii|hju the transaction at Smyrna are its true
features to be discerned.
Koszta being beyond the jurisdiction of Austria,
her laws were entirely inoperative in his case, un
less the Sultan of Turkey has consented to give
I hem vigor within his dominions by treaty stipula
tions. The law of nations has rules ol'its own ou
the subject of allegiance, and disregards generally
all restrictions imposed upon it by municipal
codes.
This is rendered most evident by the proceedings
of independaut States in relation to extradition.
No State can demand from any other, as a matter
of right, the surrender of a native-born or natural
ized citizen or subject, an emigrant, or even a
fugitivu from justice, unless the demand is au- *
thorized by express treaty stipulation. Interna
tional law allows no such claim, though comity
may sometimes yield what right withholds. To
surrender political offenders (and in this class
Austria places Koszta) is not a duty; but, on the
contrary, compliance with such a demand would
be considered a dishonorable subserviency to a
foreign power, and an act meriting the reprobation ,
of mankind. As rendering needless all further ar
gument on this point, the undersigned will rccall
to Mr. Hulseinanii's recollection what took place
in lS-IU and isfiO iu relation to the reclamation of
Polish refugees iu Turkey by Russia, and oflltiu
iffirian refugees (of whom Koszta was oue) by Aus
tria. This demand was made iu concert, as it
were, by two powerful sovereigns, while their tri
umphant armies, which had just put au end to tlie
revolutionary movements in Hungary. stood upon
I lie borders of Turkey, with power to erase her
name from the list of nations. She might well ap
prehend lor herself, as the nations of western Eu
rope. apprehended lor her, . that a refusal in her
critical condition would put in jeopardy her exist
ence as an independent power ; but she did refuse,
and the civilized world justified and. commended
the act. lkilh Austria and Kussia placed their
respective demands on higher grounds than a right
of extradition under the law of nations ; they at
tempted to strengthen their claim by founding it
upon the obligationsol existing treaties?the same,
undoubtedly, that are now urged upon the con
sideration ofthe United States. Russia and Ails,
tria. however, both submitted to the refusal, and
never presumed to impute to Turkey the act of
refusal as a breach or a violation oftheir rights.
To show that the very same claims to rights
now set up in this case were overruled and repu
dialed in IS-IU and IS'iO, the undersigned will refer
to the coteinpornncoiis views of eminent statesmen
iu regard to. the conduct of the Sultan in refusing
to surrender, on the demand of Austria and Rus
sia. the Hungarian and Polish refugees,who were
claimed '?y these powers as rebels and traitors.
Sii Sl at/on/ ('mining, the British ambassador
at Constantinople, entirely approved of the Sul
tan's course ou that occasion?indeed, he advised
it. In n letter to his government, dated the 3d of
September. IM'J. he says: '? On grounds of hu
manity. not unmixed with considerations as af
fecting the Porte's character and future policy, I
have not hesitated to advise a decided resistance
to the demand of extradition." From another let
ter of this ambassador, dated the 17th of Decem
ber. commenting on and commending the cour
ageous firmness of the Sultan in refusing the de
mand of these (tower Iu I emperors for the surren
der of these fugitives, on the same pretence as
now set up by one of them to justify the seizure
of Koszta..this extract is taken :
Allow me to add, my lord, that in proportion
as I admire the courageous firmness with which
the Sultan and his government have determined
to make this stand in the cause of' humaniiy and
ofthe rights of honor and dignity, against a de
mand alike objectionable mi substance and m
form, I feel a deepening anxiety for the result of
their resistance, and tor the degree of support
which her Majesty's government and that ot'
France may timl themselves at liberty to afford,
not only in the first instance, but in still graver
circumstances, should tlie present partial rupture
unfortunately assume a more serious and menac
ing character."
In these views the French minister resident at
Constantinople fully concurred, and so did the
British and French' governments; and both were
prepared to espouse the cause of Turkey, if her
humane and honorable course in refusing these
unwarrantable demands had provoked the resent
ment and brought down upon her the hostilities ot
these mighty potentates. The opinions of other
distinguished men. approving of the decision ot
the emperor of Turkey in refusing to surrender
the Polish and Hungarian refugees, both on the
ground of humanity and right, nave fallen under
the notice ofthe undersigned, but he has forborne
to quote them on account ofthe unworthy motive
ascribed therein to the powers makimt f he demand,
and the harsh epithets by which their conduct is
characterized.
It is an incident of great significance, and !>ear
ine authoritatively upon some of the most import
ant i|fiostion* now rmsed.thal theonsc of Koala (for
he was one of the Hungarian refugees then de
manded) was fullv discussed in l!>tV, not tyily by
the parties, but throughout Europe, and decided
against the riirht of Austria to require his extradi
tion, either under the law of nations or by exist
ing treaty stipulations. Tins division deeply inter
ested not only rulers and statesmen, but the great
body of the people of every country. They inves
tigated its merits, admitted its justice, and com
' mended the tirmnes* and humaniiy of the Sultan
tor his course.
It is to >>e regretted that this claim for the sur
render ot'Kozta and his companions, so fully con
sidered then and so signally overruled, should b?
again revived by Austria uuder ctrcumstauces

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