The naturalization treaties which he negotiated successively with Prussia and the other north German states were the first international recognition of the right of expatriation, a principle since incorporated in the law of nations.
The London protocol of 1871, with a view to prevent such abuses, lays down, perhaps a little too broadly, " that it is an essential principle of the law of nations that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers, by means of an amicable arrangement."
To Chevalier Hiilsemann, then representing Austria at Washington, who had demanded from the United States the disavowal of the acts of its agents, the complete surrender of Koszta, and " satisfaction proportionate to the magnitude of the outrage," Marcy wrote on the 26th of September 1853, that Koszta " when seized and imprisoned was invested with the nationality of the United States " and had a right to the protection of the United States government, and added: " Whenever by the law of nations an individual becomes clothed with our national state paper, and the principles it enunciates have been approved by leading authorities on international law.
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