191--.] OF THE UNITED STATES. 381 



it is in my power to do will be done, and all the forces, military and civil, of 

 the United States which I may lawfully employ will be so employed. There 

 should, however, be no particle of doubt as to the power of the National 

 Government completely to perform and enforce its own obligations to other 

 nations. The mob of a single city may at any time perform acts of lawless 

 violence against some class of foreigners which would plunge us into war."'"* 



This recommendation did not result in the passage of any statute 

 upon the subject. Similar recommendations by President Harrison 

 in iSqi,-"" and by President McKinley in 1899^"° and 1900^"^ were 

 likewise disregarded by Congress. 



There are at least two instances in our foreign relations where 

 the wrong was done to those claiming the protection of the Federal 

 government, and the position taken is instructive. 



The first occurred in 1853 and is known as the Martin Koszta 

 Case.^°- Koszta was a native of Hungary but had declared his in- 

 tention of becoming a citizen of the United States. While in Turkey 

 on business, and protected by a certificate of the United States consul 

 issued in accordance with Turkish law, he was seized by command 

 of the Austrian consul-general and carried on board an Austrian 

 vessel. A sloop of war of the United States was in the harbor and 

 its captain demanded his release. After some dispute, he was sur- 

 rendered into the custody of the French consul to await the result 

 of the diplomatic action of Austria and the United States. The 

 United States persisted in its demand, and Koszta was released. 

 In in re Neagle^'*^ the Court, approving of this action of the United 

 States, ask of this case : 



" Upon what act of Congress then existing can any one lay his finger in 

 support of the action of our government in this matter?"""^ 



x\nd the dissenting members of the Court, likewise approving the 

 action of the United States, say : 



'^^Congressional Record, Vol. 41, Part II., p. 32. 



"'■" See note 16. 



'°" See note 17. 



="' See note 18. 



^"" Moore, International Law Digest, Vol. III., 490. 



^"^lasU. S., I (i8go). 



-^ 135 U. S., p. 64. 



PROC. AMER. PHIL. SOC. LI. 206 V, PRINTED SEPT. 9, 1912. 



