Speech #700081952

I should like also to read the following quotation from the dissenting opinion rendered in this particular case. which I believe is also of interest. The dissenting opinion reads: To Illustrate time large sphere of powers selfexecuting and independent of statutes claimed to be vested in the Executive. reference is made to the continually recurring cases of the Presidents interference for the protection of our foreignborn andnaturalizcd citizens on a visit to their native country .and we are cited. as a striking instance of the exercise of such power. to the case of Martin Kozsta. who. though not fully a naturalized citizen of the United States. bad In due form of law made his declaration of intention to become a citizen. and who. whilst at Smyrna. was seized by order of an Austrian official and confined on hoard an Austrian ve sel. and who. being afterwards delivered up to Captain Ingraham. commanding an American war vessel. in compliance with a denmand. backed by a demonstration of force. on the part of that officer. was placed in the hands of a French consul subject to negotiations between the American and Austrian Governments. resulting in the famous correspondence between the American Secretary of State. Mr. Marcy. and the Chevalier Hilsemann. representing the Austrian Government. and the restoration of Kozsta to freedom. We are asked. " Upon what express statute of Congress then existing can this act of the Government be justified?" [