The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-30

jurisdiction so long as the ties which bound him to his
country were not legally dissolved
The undersgned thinks II proper 10 imbody with The
very text OF this note copy OF the document above
mentioned, which has served the basis 10 all The ex
tfaordinaIy proceedings both the part OF MIR Brown
and that OF the commander OF the ST. Louis. Here Il s;
Declaration made by Martin Koszta OF allegiance 10 the
government OF the United States.
/, Martin Kosza do declare, ON oath, that il is bona
tds my intention TO become citizen OF the United States
and to forever all allegiance and fidelity TO all
and every foreign prince poieniae State and sovereign
ty whatever AID particularly 10 The Emperor OF Austria
Sworn in open court this 3lst day OF july 1884, De-
fore me, clerk Of the court, sc. .-,,,..
(Signed) MARLIN kOSLIA. e.
I,-- clerk OF the court OF 49,, being court OF
record having common law jurisdiction and clerk and
SEAL do certify that the above is true copy OF the ols-
nal declaration Of Mr. kosz'a TO become cilzen OF The
United States, remaining opened IN nay once.
In testimony whereof have hereuno subscribed my
H. 81 name and affixed The seal oil the said court the
3lsl day OF July, 1852.
II is difficult 10 conceive how the representative of the
United States could have sought to fouAd proof OF the
pretended OF koszla upon document des-
ttute OF all authentic characters seeing that the form OF
leealization which is affixed to il and which alone could
have invested it with that character, leaves in blank
both the name OF the tribunal before which the dec
Iaration of koszla must have been made, and the
name Of the clerk who supposed to be The deposary
of the original document, and that moreover this
pretended esallzatlon has neither signature nor 9TH
caI seal attached 10 it, But admitting The anthem
could without violating the laws Of his country Of his
own accord, and without any other iormaliles have
broken asnnder the ties which bind hum to his native
soil the text oil the document shows that the author of il
has done nothing than TO declare his intention of
coming citizen of the United States and with that OBJ
ect in view, OF enouncng his rights OF nationality in the
States oil the Emperor.
few DAYS later new and Iamentabe episode oc
Cured TO aggravae the question On The morning OF the
I'd OF July the commander Of the American soop war
I.s ST. LOUIS Mr. Ingraham sent message to The com
ndinUC al he eff N
suance instructions received from the Charge dAaies
OF the United States at Constannope, he had 10 call
upon him deliver the aforesaid kosZta into his hands
adding that if he did not receive satisfactory answer by
O'clock the afternoon, he should the prisoner
to be taken away by main force. As was reasonable
10 expect our commander, instead OF complying with
this uest prepared himself to repuse force by force
and wheD, at the hour designated, the American
mander, getting ready 10 carry out his threat ranged him
self alongside our vessel and brought his guns to bear
upon the imperial brig and about 10 carry matters
the last extremity our brave sailors although much in
feror in numbers were determined to oppose vigorous
resistance 10 the act OF aggression which was on the
point OF being consummaied in the neutral port OF Snyr
and on the part OF vessel otwar belonging 10
power with which Austria was at peace. Our Consul
General only succeeded IN preventing this bloody ca'ss
strucon OF considerable portion OF the town OF Smyr
ma, and of vessels OF all nations in the haIbor by
senting that Kosza should temporarily and until the set
Element OF the difficulties of which be the subject
be conded to the custody OF the OF France
al Smyrna.
The return OF MI Marsh 10 COnstantnople lew days
after these events brought discussion, between himself
and our nernuncio oil the question whether Martin Kosz-
Ia 10 be considered Austrian subject a ct-
zen of the United States. Although still ignorant Of this
termination not 10 delay any longer addressing itself
the government of the United States through my inslu-
mentality There two distinct questions involved in
this discussion One is the main question relating to the
dispute about the rights of jurisdiction which has risen
between the legations OF Austria and of the United States
al Consiantnope. concerning koszta the other qnes
ton, al least fully as important, is that which has refer
TO those ormacs virtue of which the agents of
the United States have deemed themselves authorized in
urging their pretensions.
With regard the first OF these two questions treated
in the correspondence which has taken place the sub
ect between the lnternuncio and the Charge dAaes ad
interim OF the United States in Turkey the imperial gov
eminent adopts entirely the views OF Baron de Bruck In
our opinion Koz,a has ceased 10 be Austrian
subject. Everything combines TO make the imperial gov
eminent persist in this estimate OF the matter The laws
OF bis country opposed 10 Kosztas breaking asunder
OF his Accord and without having obtained permits
sion to exparate himself from the authorities Of that
country, the ties of nationality which bind him to IT,
The very declaration OF that refugee on board the Hus
Ear, the presence OF the American consul and OF the
commander OF the ST. LOUIS shows that he still
sders himself subject OF The Emperor. In short.
according OF the law OF the Union. such
declaration supposed TO have been signed by koszta and
from which Mr.. Brown has pretended 10 infer his natu-
alizaton in the United States is not sufficient TO produce
erins into any further details in regard this question.
seeing that the Department Of State OF the United States
constantly refuses to grant passports 10 who
lind themselves IN this category, and that official publ
cations have been made from time 10 time 10 that effect.
As there can be doubt, therefore, concerning the
question OF nationality, the Consul General OF ihc Empe
al Smyrna without doubt perfectly justified
when in virtue OF those treaties which subject Austrian
subjects in Turkey to consular jurisdiction he seized the
person OF Koszta within the pale Of his jurisdiction
Such being the case, the Imperial government trusts
that the government OF the United States will hasten TO
instruct its consul at Smyrna not TO nepose any obstacle
to the extradon OF the aforesaid koszta by the Consul
General OF France TO the Consul General of Austria at
Smyrna.
But apart from this question OF jurisdiction. il is espe
cay the mode adopted by the functonares OF the United
States in order TO settle the matter, which has given the
imperial government the most legitimate grounds OF
complaint.
The act OF violence which the commander OF The soop
of-war est Louis" committed against The Austrian brig
"Huszar-tha real act OF war committed full peace,
neutral port the fatal effects OF which only avert
at Smyrnac0nshtutes an outrage upon the principles
OF the law OF nations and the imperial government has
doubt but that this act. viewed in such light will
have been condemned by the government Of the United
States. said government being itself interested IN prevent
ing the repetition OF similar occurrences.
The events OF the I'd of July at Smyrna present in
twoold point OF view serious deviation from the rules
of international law.
lst The commander OF the United States sloop- Of
ST Louis" threatened tina, the brig OF his Imperial
and Royal Apostolic Majesty, the - Huszar' with a
hostile attack, by bringing his guns 10 bear upon the
latter, and by announcing, il writing that II certain
individual detained on board, whose nationality was
been discussed between the agents oil the two govern
mens, delivered him al stated houf, he
would go and take him by main force.
There be doubt but that the threat OF attacking
by main force vessel of belonging 10 the military
marine OF sovereign State whose flag che carries, is
nothing else than threat Of an act oil Now, the
right OF making il necessarily and from the very
nal nof fhatr nh iho