[Vol. 1. SALISBURY, N. C. FRIDAY, OCTOBER 21, 1853. No. 23.]
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Salisbury, May 17, 1853. 1—tf.
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A
Hou
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Jamestown ami Greensboro’.
Also for P. Warlick’s line of Stages to Mor
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of Ashbora’ and Pittsboro’.
May 17, 1853. 1—th
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From the Fayetteville Carolinian.
Diplomatic CorrespomleiBce iai rela
tion to the Koszta A flair.
The correspondence between the Austrian
Minister to this country, Mr. Hulsemann, and
the Secretary of State, Mr. Marcy, has been
made public. A more masterly exposition of
international law, as applied to a question of
individual conduct, than Mr. Marcy’s letter, we
have never seen. The correspondence is too
voluminous for our limited space, but is entire
ly too important to be passed over withoutgiv-
ing our readers some account of it. We sub
join from Mr. Marcy’s letter a statement of the
facts out of which this important controversy
has grown:
“ Martin Koszta, by birth a Hungarian, and
of course an Austrian subject at that time, took
an open and active part in the political move
ment of 1848-’49, designed to detach Hun
gary from the dominion of the Emperor of
Austria. At the close of that disastrous revo
lutionary movement, Koszta, with many others
engaged in the same cause, fled from the Aus
trian dominions and took refuge in Turkey.—
The extradition of these fugitives, Koszta
among them, was demanded and pressed with
great vigor by Austria, but firmly resisted by
the Turkish Government. They were howev
er, confined at Kutahia, but at length released,
with the understanding or express agreement
of Austria that they should leave Turkey and
go into foreign parts. Most of them, it is be
lieved, before' they obtained their release, indi
cated the United States as the country of their
exile. It is alleged that Koszta left Turkey in
company with Kossuth—this is believed to be
a mistake—and that he engaged never to re
turn—this is regarded as doubtful. To this
sentence, of banishment—for such is the true
character of their expulsion from Turkey—
Austria gave lio>. «>««- nv . '“ num, It was Mie
result of her efforts to procure their extradition,
and was accepted by her as a substitute for it.
She had agents or commissioners at Kutahia
to attend to their embarkation, and to her the
legal consequences of this act are the same as
if it had been done dir^tly by herself, and not
by the agency of th® Ottoman Porte. Koszta
came to t^e United States and selected this
country for his future home.
On the 31st of July, 1852, he madea decla
ration, under oath, before a proper tribunal, of
his intention to become a citizen of the United
States, and renounce all allegiance to any oth
er State or sovereign.
After remaining here one year and eleven
months, he returned on account, as is alleged,
of private business, of a temporary character,
to Turkey in an American vessel, claimed the
rights of a naturalized American citizen, and
offered to place himself under the protection
of the U. S. Consul at Smyrna. I’he Consul
at first hesitated to recognize and receive him
as such ; but afterwards, and some time be
fore his seizure, he and the American Charge
d’Affairs ad interim at Constantinople, did ex
tend protection to him, and furnished him
with a Tezkerch—a kind of passport or letter
of safe conduct, usually given by foreign Con
suls 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 taken to his conduct af
ter his return to Turkey, and that Austria has
not alleged that he was there for any political
object, or for any other purpose than the trans
action of private business. While waiting, as
is alleged, for an opportunity to return to the
United States, he was seized by a band of law
less men—freely, perhaps harshly, character
ized in the despatches as “ ruffians,” “ Greek
hirelings,” “ robbers ”—who had not, nor did
they pretend to have, any color of authority
emanating from Turkey or Austrian, treated
with violence and cruelty, and thrown into the
sea. Immediately thereafter he was taken u"p
by a boat’s crew, lying in wait for him, be
longing to the Austrian brig-of war the Huszar,
forced on board of that vessel, and there con
fined in irons. It is now avowed, as it was
then suspected, that these desperadoes were
instigated to this outrage by the American
Consul-General at Smyrna; but it is not pre
tended that he acted under the civil authority
of Turkey, but, on the contrary, it is admitted
that, on application to the Turkish Governor
at Smyrna, that magistrate refused to grant
the Austrian Consul any authority to arrest
Koszta.
The Consul of the United States at Smyrna,
as soon as he heard of the seizure of Koszta,
and the Charge d’Affairs of the United States
ad interim at Constantinople, afterwards inter
ceded 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 his American nation
ality. To support this claim, Koszta’s original
certificate of having made, under oath, in a
Court in New York, a declaration of intention
to become an American citizen, was produced
at Smyrna, and an imperfect copy of it placed
in the hands of the imperial Austrian intcr-
nuncio at Constantinople. The application to
these officers at Smyrna for his liberation, as
well as that of Mr. Brown, our Charge d’Af
fairs, to Baron de Bruck, 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 officials to
convey him clandestinely to Trieste—a city
within the dominion of the Emperor of Aus
tria. Opportunely, the U. S. sloop-of-war, the
St. Louis, under the command of Captain In
graham, arrived in the harbor of Smyrna be
fore this design was executed. The comman
der of the St. Louis, from the representation of
the case made to him, felt it to be his duty, as
it unquestionably was, to inquire into the val
idity of Koszta’s claim to American protection.
He proceeded with deliberation and prudence ;
and discovered what he considered just grounds
for inquiring into Koszta’s claim to be dis
charged on account of his American nationali
ty. During the pendency of this inquiry he
received notice of the design to take Koszta
clandestinely, before the question at issue was
settled, into the dominions of the Emperor oj
Austria. As there was other evidence of bad
faith besides the discovered design of evading
the inquiry, Capt. Ingraham demanded his re
lease, and intimated that he should resort to
force if the demand was not complied with bv
a certain hour. Fortunately, however, noforce
was used. An arrangement was made by
which the prisoner was delivered to the custo
dy of the French Consul General, to be kep
by him until the United States and Aus^r: ■
should agree as to the manner .r -i;. ^ ^.r ।
mtn." ' •
The demand for reparation, which Austria
makes through her representative, is based on
an alleged right of jurisdiction “ guarantied by
treaties to the consular agents of Austria in
the East.” This very vague statement of a
very important matter by the Austrian Charge,
implies the right of Austria, by virtue of
treaty stipulations, to enter upon Turkish soil
and capture a political refugee. Mi - . Marcy
meets this assumption by showing that as late
as 1849, Austria demanded of Turkey the ex
tradition of certain political offenders—that
the demand was refused, and that the refusal
of the Porte met the approbation of the en
lightened public opinion of the civilized world,
thus settling the question against Austria.—
Furthermore, Mr. Marsh, the American Minis
ter at Constantinople, wrote to his Govern
ment under date of Aug. 4th, 1853, in rela
tion to the Koszta affair, as follows:
“ I have had several conversations on the
subject with the Minister of Foreign Affairs,
and with Aali Pacha, Governor of Smyrna at
the time the affair took place. These distin
guished persons are very far from expressing
any dissatisfaction with the course pursued by
us. They sustain the view the lagation has
taken of the legal character of the question,
and Aali Pacha informs me that a few years
since the Austrian Government refused to sur
render to the Porte Turkish rebels who had
fled into Austria on the very ground now taken
by the Porte, viz: that the treaties did not
provide for the extradition of political offen
ders.”
But if there remained any doubt as to the
light in which the Turkish Government views
this transaction, it is dispelled by the course
which that Government has taken. It has
“ protested against the conduct of Austrian
agents in the affair as unlawful and a violation
of its sovereignty,” whilst it has indicated no
dissatisfaction at the course pursued by the
functionaries of the American Government.—
These important facts show clearly that this
right claimed for Austria to capture political
refugees upon Turkish soil, is not recognized
by the Turkish Government; that the course
of Austria herself has been inconsistent with
any such claim, and that the claim itself is al
together unfounded.
But even if this right does exist by virtue of
treaty stipulations, it can only be claimed for
“ Austrian subjects,” as appears from the com
munication of Mr. Hulsemann himself. Mr.
Marcy contends that Koszta was not, at the
time of his seizure, an Austrian subject. The
Austrian Government had procured his ban
ishment by Turkey, and had thus withdrawn
from him its protection and dej rived him of
citizenship. Having thus made him an exile,
it could not claim over him the jurisdiction of
sovereifinty.
Mr. Marcy lays down the law with regard
to domiciliated residents with great force and
clearness. He shows that Koszta, when seized,
had the national character of an American,
and that the Government of the United States
had a right to extend its protection over him.
The Law of Nations recognizes the rights of
e^ry Government to protect its domiciliated
r^ucht.?. It is nofnecessary* in order to jus
tify such protection, that the subject of it
should have been a naturalized or native citi
zen. These propositions are sustained by quo
tations from writers of approved authority on
international law. But even if this were not
so, there is another view of the subject which
will justify the interference of Capt. Ingraham.
Koszta, at the time of this seizure, was furn
ished with a Tezkerch, granted by the Ameri-
Consul in accordance with the laws of
Turkey, which clothod him in the national
character of an American, and justified any
interference necessary to protect him from un
lawful violence.
. As to the complaint of Austria, that the
neutral soil of Turkey had been violated, the
Secretary of State informs Mr. Hulsemann that
L't'President of the U. S. does not recognize
j^e right of Austria to claim redress for any
~-t injurious to Turkey. If anything has been
done in derogation of the rights of the Porte,
the President is ready, upon.complaint from
me proper source, to make reparation. Mean-
fine, the fact that Turkey demands no such
reparation, but on the contrary complains
against the con^&of the Austrian officials,
is quite significant of the view the Sublime
Porte takes of the transaction, and clearly
marks the real transgressor of neutral soil.
In the following closing paragraph our Gov
ernment not only refuses to give any satisfac
tion whatever, but demands that Austria shall
proceed to restore Koszta to the same condi
tion in which she found him before the trans
ition :
‘ prisonment of Kfoszta were illegal-find unjusti
fiable, the President also declines to give his
consent to his*delivery to the Consul-General
of Austria at Smyrna; but, after a full exami
nation of the case, as herein presented, he has
instructed the undersigned to communicate to
Mr. Hulsemann his confident expectation that
the Emperor of Austria will take the proper
measures to cause Martin Koszta to be re
stored to the same condition he was in before
he was seized in the streets of Smyrna on the
21st June last.”
SPARKIN’ SALLY SCRAGGS;
OR,
Sam Stackpole Surprised.
BY NED ALBRO.
“I speculate you’d like to hear of thaterec-
tion,” said Sam, giving his chair a hitch, “ and
if Sally herself could relate it, you’d expre-
ciate it a heap more ; but you see she is shock
in’ modest, and if I should ask her to, she’d
blush bluer than an indigo bag! Howsum-
ever, I don’t mind enlightenin’ you on the sub
ject; but if you go to pokin’ it in the paper,
I’ll call you out, by thunder !
u It happened—the circumstance did—in
Flyblow Holler, Stait of Arkansaw, the only
Stait where it could happen, though sum folks
run it down, and say the musketers there are
as big as Karliney pertaters I Now, I say-—
what of that? ain’t every thing in proportion ? [
Why, I’ve seen bars there such ‘ sizers’ that the !
natives hunted ’em the same as whales—with
a harpoon ; and when they walk through a
cane-brake, on a hot day, you can jest travel
along behind ’em and pick up millions of taller
candles already boxed !
“ Then look at the gals—why they’re per
fect panters—their eyes sparklin’ like dimun
beeds, and their cheeks as red as a turkey!
gobbler’s throat!
Oh! I knew a prettv one,
She livpd in Flyblow Holler,
She were so tut she couldn’t run—
S‘> fat she couldn’t woller!
“But her old daddy was stupendous! He
was jest about the Grossest and uglk st old var
mint that ever wore spectacles; and it was
wonderful to think that he should be the father
of such a charmin’ scrouger as Sally were. I
must say that feminine was awful hansum—-
and of all the magnum bonum gals that ever
I seed, sho was the magnum honest. Natur’
had gin her plenty of ‘rotundity,’ and the way
it stuck out was perfectly provokin’ to camel
leopards. What she wore the thing for I never
could ascertain, except it was that when she
sot down on a hornet’s nest the gnatty insects
couldn’t sting her. But we’ll let that part of
the story went for the present, and resoom :
“ Now, it was one day, thinks I to myself—
Sam Stackpole, bein’ as how Sally Scraggs art
the prettiest female that ever jumped, and have
got a power of calico fixuns, fur-belows and a
watch, its high time you and her were one.—
So I declared my passion as a feller in Im
most generally duty and were accepted. Yen,
sir-ee !—she wilted rite down, like a pokeberry
stalk in the sun, and sed she’d be mine, if I
could get her daddy’s consent. Sal, H ex-
claimed, for you I’ll try, but I consider it jest
as useless a movp as chasin’ a steamboat up
hill. At any rate, I was determined to make
the attempt, if I got killed in consequence.
“ Jest afore I commenced operations, I went
to town, and bought my intended about a
bushel of fancy things, consistin’ of ribbins, a
string of beeds, sum French goose grease for
her hair, besides a mess of small caps for the
young Stackpoles that might accidentally ex
ist after she and I agreed on hitching teams.
When I got through makin’ my purchases, I
packed ‘cm all away in a bundle, and then lo-
comoted for the Holler, true as a rifle.
“[It was rather late when I arriv, and old
Scraggs was bilin’ sum merlasses candy for
Sally to peddle next day—there bein’ a show
in town—Sally and her mammy havin’ re
tired.
“ The fust thing I done, however, arter en
terin’ and old Scraggs had stared at me a few,
was to sit rite down in a hot pan of merlasses,
he’d put on a chair to cool, which made me
jump up and howl amazin’! Gosh all ginger
bread ! how it burnt! but as he didn’t see the
accident, I squatted on Sally’s band-box what
contained her Sunday bonnet—and went to
rubbin’ my extremity like sixty-six! Well,
arter I’d sot there a spell, groanin’ to myself
and wonderin’ how much damage I’d done,
the old man give me another terrific look, and
sed:
“Sam Stackpole, what the d—1 hev you
come arter—say ?”
“Mr. Scraggs, sez I, not darin’ to stir,for
fear he’d diskiver my predicament, I’ve come
here on mighty important bizness, (Oh, lordy !
how that, merlasses smarts’) and if you’ll jest
keep your ebenezer down for about live min
utes, I’ll endeavor to inform you with that de
gree of accuracy that I am so pre-eminently
and conspicuously developed.
“The old fellow didn’t understand that ar
powerful language, and in course didn’t say
nothing, so I kept as easy as I possibly could,
and went on :
“ Perhaps, says I, you’ve noticed that I ar
been payin’ numerous aitenshuns to your
daughter, and I am gratified to state with in
finite popularity. Now, if you’ll give Sally to
me I’ll vote for you for Governor, and scud my
country if you ain’t elected.
“ Well, arter I’d delivered myself in that ar
benevolent style, what do you think the old
codger’s reply was ? Why, instead of sayin’—
‘take Sally and be derned,’ he actually pinted
to the door, and told me to scatter! I vow,
I got out of patience then sure, and didn’t
care what occurred—if Sally’s bonnet wasn’t
smashed.
“ Mr. Scraggs, sez I, I should be happy to
oblige you, but the fact is, I sot down here
and can’t leave nohow, unless you cut a hole
in ray trowsers.
“ When the old man seen how I was stuck
fast as I sed,. he jest catched up the whole pot
full of hot candy off of the fire and emptied
it all over my head and shoulders, true as I’m
a live boy! Je-hu ! how the stuff made me
cavort and holler! but I was so mad that I
grabbed a great gob and let him have it—
biff!—rite between the eyes.
“ There, take that, sez I, you derned old,
nasty flappered piece of deformity ! and then
I started for the door—direct.
“ I jest got it open ready to dart, when old
Mrs. Scraggs burst out in a loud laugh and
Sally spoke for the fust time.
“Sam Stackpole, sez she, hold ! My band-
box and your pantaloons are annexed /”
“Jerusalem !” sez I, and leaped. I must
a been awful skared, for I landed about twenty-
six foot outside the house, and run like a prai
rie-fire. I never looked behind me till next
mornin’, and when I did, the kiver of tne band-
box was a stickin! to my treowsers /”
Kissing.—When a Baltimore girl is kissed,
she says she is taking chloroform, and remains
insensible as long as the operation lasts.—
When a Buckeye girl is kissed, she throws up
her hands and ejaculates, “Blissful moments,
how they fly.” When a Louisiana girl is
kissed, she gets miffed and says, “ I’d like to
see you do that again—I would.” When a
Chester girl is kissed, she says: “Now if
vou do that again I’ll retaliate—I will.”—
When a Philadelphia girl is kissed, she says
in the most innocent manner imaginable,
“ Yes, you may go and ask my father.” What
Io the Canadian girls say ?
Prenez garde, to be sure ; what do the Caro
lina girls say ?
Don’t know—never kissed one.
To cure poverty—sit down and growl
about it. ,
PRETTY THOUGHTS.
What is crime? A wretched vagabond,
travelling from place to place in fruitless en
deavor to escape from justice, who is constant
ly engaged in hot pursuit: a foe to virtue and
happiness, though at times the companion of
poor innocence, which is too often made to suf
fer for the guilty.
What is thought? A fountain from which
flows all good and evil intentions—a mental
fluid, electrical in the force and rapidity of
movements, silently flowing unseen within its
own secret avenue; yet it is the controlling
power of all animated matter, and the chief
main-spring of all our actions.
What is happiness ? A butterfly that roves .
from flower to flower in the vast garden of ex
istence, and which is eagerly pursued by the
multitude in vain hope of obtaining the prize,
yet it continually eludes their grasp.
What is fashion ? A beautiful envelope for
mortality, presenting a glittering and polished
exterior, the appearance of which gives no cer
tain indication of the real value of what is
contained therein.
What is wit? A sparkling beverage that
is highly exhilarating and agreeable, when par-
taken at the expense of others; but when
used at our own cost, it becomes bitter and un
pleasant.
What is knowledge? A key that unravels
all mysteries, which unlocks the entrance, and
discovers new, unseen, and untrodden paths in
the hitherto unexplored field of science and
literature.
What is fear? A frightful substance to the
really guilty, but a vain and harmless shadow
to the conscientious, honest, and upright.
What is joy ? The honey of existence, real
ly beneficial and agreeable when partaken of
In mnderafinn. but highly injurious when used
to excess.
CAPITAL FOR YOUNG MEN.
It is a consolation for all right-minded
young men in this country, that though they
may not be able to command as much pecun
iary capital as they would wish to commence
business with for themselves, yet there is a
moral capital which they can have that will
weigh as much as money with people whose
opinions are worth having. And it does not
take a great while to accumulate a respecta
ble amount of this capital. It consists of
truth and integrity, to which may be added
decision, firmness, courage and perseverance.
With these qualities there are few obstacles
which may not be overcome. Friends spring
up and surround such a young man almost as
if by magic. Confidence flows out to him and
business accumulates on his hands faster than
he can ask it. And in a few short years such
a man is far in advance of many who started
with him having equal talents and large pe
cuniary means, and ere long our young friend
stands foremost among the honored, trusted,
loved. Would that we could induce every
youthful reader to commence life on the prin
ciple that moral capital is the main thing after
all.
IMPEACHING A MAN’S NAME.
At a literary dinner in London, where Thack-
ery and Angus B. Reach were vis-a-vis at the
table of Mr. Thackery—who had never before
met Mr. Reach—addressed him as Mr. Peachy
pronouncing the name as its orthography would
naturally indicate. “Re-ack, sir, if you please, \
said Mr. Reach, who is punctilious upon hav
ing his name pronounced in two syllables, as
if spelled Re-ack. Thackery of course apol
ogised, and corrected his pronunciation; but
in the course of the dessert, he took occasion
to hand a plate of fine peaches across the table,
saying in a tone which only he possesses,
“Mr. Re-ack, will you take a pe-ack ? ” As
Mr. Jeames would say, phansy Mr. Re-ack’s
phelinx !—Sunday Courier.
Laughter.—A hearty laugh occasionally is
an act of wisdom; it shakes the cobwebs out
of a man’s brains and the hypochondria from
his ribs, far more effectually than either cham
pagne or blue pills.
A clergyman lecturing one afternoon to his
female parishioners, said : “ Be not proud that
our Lord paid your sex the distinguished hon
or of appearing first to a female after the res
urrection, for it was only done that the glad
news might spread the sooner.”
Good mailers is the art of making peo
ple easy with whom we converse.
Dickens has cleared 850,000 from the Bleak
House.
Idleness never can secure tranquillity.