Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1853-10-07
The Costa Correspondence.


The Costa Correspondence. |
The letter Of Mr. Hulseman, dated August 10Th,
1858, and addressed to the Secretary of State sets
out with recital &c BE events connected with the
arrest of Martin Costa, bysthe Austrian authorities,
III the Turkish harbor of Smyrna, which, he says.
was caused by the Austrian Consul General in the
exercise Of the jurisdiction which has been guaran-
teed by treaties to the Consular Agents ofA ustra
in the East relative to their countrymen He then |
alludes 10 the subsequent demand of the commander
of the United States sloop of war ST. Louis that he
should be delivered to him within certain time
otherwise he would take him by force. collision
was avoided by the agreement to place Costa in GUS
todY of the French Consul to await the action of
the American and Austrian governments. Mr..
HulSeman insists upon two points. The first: that
Costa had not ceased to be an Austrian subject,
nor acquired the character of American citizen,
having only declared his intention to do and that
therefore be under the authority of Austria and
subject to the jurisdiction which she claims to-
else over her subjects in Eastern ports and the Sc
cond point is that founded upon the mode adopted
by the functionaries of the United States to settle
the matter, which being by appeal TO main force,
he stigmatises as an act of war, committed in full
peace contrary to the usages of nations, which
qure to be made by the supreme authority Of
the State, and not at the caprice of any naval COM
mander, at the order of any consular or diploma
tic agent. And moreover, the act of war alleged to
have been committed, is still further complained of
rs having been committed in a neutral port, and
within the jurisdiction of power friendly to both
parties. For these reasons to back which Vattel
Henry Wheaton and the constitution Of the United
States quoted, the Austrian government expects
the United States to dsavow the conduct of it's a.
gents and hasten to call them severe account and
tender to Austria a satisfaction proportionate to the
magnitude of the alledged outrages.
In reply, Mr. Marcy refers to the fact that Aus
ria had once before urged and pressed upon Turkey
the surrender to her of those persons who, having
taken part in the Hungarian troubles of 1889,
had taken refuge in Turkish territory. and that Tur
key backed by the opinion of Europe, had refused
to yield to the demands of Austria This is against
any admission ofright in Austria to claim Costa on
Turkish soil, to for any political offences
rising out of the troubles in Hungary-since Tur-
key had once positively refused to accede to any
such demand 1t was, however, agreed that the
Hungarian refugees should leave Turkey, and Costa,
as well as others, came to the United States and
made the declaration of intention preliminary to be-
coming a citizen. After remaining in the United
States one year and eleven months. he returned to
Turkey it is aledged, upon private business claim
ing the character of an American Citizen and offer
ing to place himself under the protection Of the U
States consul at Smyrna, about which there was
some hesitation but finally he did obtain kind of
passport or safe conduct, such is usually given
by foreign consuls in Turkish ports 1t is impor-
tant to observe, that charge is brought against
Costa of any political character is it pretended
that he was at Smyrna for the transaction of any
other than private business While awaiting con.
veyance TO the United States, he seized by a
parcel of desperadoes treated with violence and
city, and thrown into the Immediately he was
taken up by boats crew, lying in wait for him, be-
longing to the Austrian brS-of-war the Huszar
forced on board of that vessel and there confined in
irons 1t is now aVowed, as it was then suspected
that these desperadoes lnstgated to this out
rage by the Austrian Consul-General at Smyrna
but it is pretended that he acted under the civil
authority of Turkey, but on the contrary, it is ad
mtted that az plication to the Turkish Governor
at Smyrna, that magistrate refused to grant the
Austrian Consul any authority to arrest Costa The
American Consul at Smyrna, and Charge ad INTERIM
at Constantnope, under these circumstances, deem
ed it incumbent upon them to interfere for his re
lease on account of his nationality, offering in pre-
Il copy OF Lne declaration nleu ny MIN III NEW
Their interference was fruitless, and it was known
at Smyrna, that it settled design on the par
of the Austrian officers, to convey him clandestne
ly to Trieste, city within the dominons of the EN-
peror of Austria. Opportunity the Sloop-ofwar St
Louis arrived. The commander felt it his duty t.
enquire into Cosa's claim to American protection
Pending this enquiry he received notice of the de
sign to evade it on the part of the Austrian authori
ties, by conveying Costa away candestinely.
there was other evidences of bad faith besides tn
discovered design of evadng the enquiry, Capt. In
graham demanded his release, and intimated tina
he should resort to force if the demand not com
piled with by certain hour. This is the histor,
of the case.
AS regards the assertion that the arrest of Costs
had been caused by the Austrian Consul at Smyrna
in the exercise of the right of jurisdiction, which
has been guaranteed by treaties to the consula
agents of Austria in the East relative to their coun
trymen, Mr.. Marcy shows that according to tn
laws of nations, the right of any power to reclaim
its subjects after they have passed into foreign ter
rtory must cease, and only be exercised in pur
suance of express treaties providing for the rendi
ton of fngtives from justice in certain cases. bu
among these cases is seldom or that of politi
cal offenders and that such offenders not in
cluded in any such treaty between Turkey and Aus
tria is shown by the refusal of Turkey in 1852 t
surrender the political offenders Kossuth and hi
companion, this position of the sublime Port
suStoinad NV Enrlsnd and France and finally