The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-31
The Release Omsially ConAr mcd-Corres
pondence between Baron de Bruck and Mr..


to America and to settle of the arrangement
relative to it, in accordance with the offer which you pre-
vously made to For that purpose koszta will take
bis at smyrna under the surveillance OF
sular authorities respectively boarda vessel of of
the United States in default of that board Of
the American merchant ships which frequently tou ,h
this at the said port AM at the moment when it
rails for America directly without touching at any inter
mediate port except in OF serious casualty
other accident at Kosza must be provided with
American passport, which shall expressly prevent him
from changing his route quitting the before il shall
have arrived in America. The Imperial government how
to itself to take against the said
individual in conformity with its right should ne ever
again be found the Ottoman territory. As that
rapgement is in accordance with your propositions
pect from your kindness, NJ lie Mnre that you will give
the necessary orders at Smyrna and inform Of the
fact in order thai may give similar instructions to tho
Consul General OF AUSTRIA in the said city
THE MINISTER OF THE UNITED STATES TO THE INTER
TuxRArrA, Sept. Is. 1858.
SRI have tie honor to ackI owledge the receipt Of
your Exceency note of yesterday which announces to
me the acceptance of the proposition which rea
tive to the release OF Martin koszA and his return to the
United States, and Of replying to it, that the conditions
recited in your Excelencys note will be faithfully OBJ
in suppopg that the French steamer would sail
from Smyrna Friday As the day of her departure is
the 18th, this day. and rs there not sufficient time
to prepare this morning the necessary instructions for the
respective consulaes propose to send special messen
ger to smyrna BY the Austrian steamer Monday, and
prepare the meantime the instructions Judged neces
iary for the Austrian consulate
In concluding, am happy to be able to express the
opinion that government will fnd in the readiness
with which his peria Majesty the Emperor of Austria
has been pleased accede the proposed
and permit me to add in the concilatng pursued
by your Exceency during this dsagreeable affair very
gratifying proof of the amicabs dir position and the mod
GRAFTON OF the Austrian government and of its function
aries and hope that the points OF d erence still exist
ing between the two governments will be arranged
manner entirely compatible with the dignity and honor Of
both.
pray your Excollsncy to receive the assurance &C.
THE MARCY AND HULsEMANN CORRESPONDENCE
From the London Morning Herald Oct. l4.l
The American papers which have jast arrived contain
very lengthy and, will not deny, very interesting
DIPLOMATIC correspondence between the Cheyalcr Hse
mann, charge d'siaires bis Majesty the Emperor of
Austria ut WashiDgton and Mr.. W. L. Marcy the Ameri
can Secreta, for Foreign Affairs touching the seizure Of
a man named koszta, at Smyrna, the 21st of June
persons employed by them. The circumstances Of the
case detailed the Chevalicr Hulsemann in his let
ter to Mr. Marcy, differ very materially from the Amer
can account of the transaction and the facts being
thus dputed 1t IS impossible to pronounce opinion on
the International law OF the question: with anything like
correctness.
Mr. HulsemaLns statement is that the Consul General
OF Austria exercising the right jurisdiction which has
been guaranteed 10 his nation by treaties he does not
specify what treaties had caused to be arrested and
conveyed on board the Austrian brig of war Hassar
Hungarian reugee by name Martin Koszta who, he al
leges, had left Turkey in company with Kossuth and
who, after having pledged himself set foot again
in the Austrian territory broke that pledge by returning
to smyrna Mr. Hulsemann goes on to state that the
United States Consul conformity with the commander of
the United States soop owar st. Louis insisted that
koszta, beinga naturalized American citizen,
titled to the protection Of the American hag-that few
days later the nder of the st. Louis Captain In
graham, to the of the Austrian
ship Husar to the effect that in pursuance Of the in
sIuctions received from the Charge dAairs the Uni
d States at Constantinople Captain Ingraham had to
call upon the Austrian commander to deliver Kosza into
his pgrshams hands, adding that if this request were
not complied with by four o'clock he should cause the
prisoner 20 be taken away BY main force from the
ran ship Hussar.
an appeal TO force only ultimately proven. ed in
hsrbor by the Austrian Consul
bat Kozta should until the settlement Of the officially
temporarily conded to the custody of the Consul Gem
r OF France Such being the stateen put forth by Mr.
iulAemann that Official the part of the imperial gov
trusts that the government Of the Uaited States
Will hasten 10 instruct its consul Smyrna not to inter
obstacle to the tradition Kosza by the Con
u General of France TO the Consul General of Austria at
>myrr Apart from the question of jurisdiction the
Austrian charge aas contends that the act OF yio
ence committed by the American captain by threaten
ing hostile attack in full peace, in neutral port will
be condemned by the government Of the United States
Mr. Hulsemar fairly argues that the right OF declaring
war Is reserved to the supreme power in each country
~ America IT belongs solely an exclusively to Con
svess, without whose sao~.--s TEL - love the ~
,annot be comm enced and to citss lE:.. ~
nvolability Of neutral ports and The absolute prohb
ion from committing suck ports acts Of war and OF
iolence, against the enemy with whom we are az
open The Austrian charge dahaires concludes his
thus
Tho imperial government entertains too high opin
Of the sense OF justice and oil integrity o. inc govern
me of the United States doubt FOR sGS e
anxiety 10 dsayov the conduct Of its agents. uder the
sircuH stances above mentioned and that 1t viii haste
10 cali them account and tender to Austria
satisfaction proporonate to the maGn uds OF the out
rage
feebly and inefcien'ly reasoned N Marcy replies in
paper exceedingly suse but Of much dalectcal skill
great yigor and ability. More than Of the posi-
tons laid dosn by the American functonary we hold to
be unenabe and others to be questionable, the state
of facts presented by the Austrian Charge dc Ahaires But
Mr. Marcy denies OF the statements of Mr. iiuse
while others put forth so much more fuy ana
clearly by the American unctionary as materially to alter
the position of the question.
The American Charge diAfaires that /. is mis-
take to suppose that Kosza left Turkey with Kcssuh
and that Is least doubtful that he promised 10
return But what is cert ain s that his exradition
being confined at Kutahia Koszta released with the
understanding by the expr agreement Of Austria
that he should go into foreign parts he went accord
ing to America where he made declaration, under
OATH before proper tribunal Of his intention to become
citizen of the United States and renounco all allegiance
10 any other State sovereign After remaining year
nd eleven months in the Lptod States he returned 70
Turkey in American vessel on private business OF
temporary character, and aimed the rights OF a
conceded TO him. lie was accordingly, furnished
with tesly1eh, passport, by the american consul
and while waiting for an opportunity TO return to the
who had not they did not pretend to have,
my color Of authority emauatipg from Turkey from
Austria BY these men-rather freely, but perhaps
truly characterized as ruff y Gicek hrelings" and
robbers-he thrown into the sea, and Immediately
take by boats crew lying in wait for him. belonging
10 the Austrian brig Of war Hussar.
II is syowed says Mr. Marcy ''as II was Their
suspected that these desperadoes nsgated 70 this
outrage by the Austrian Consul General at smyrna but
il not pretended that he acted under the civil autho
ty Of Turkey; but, the contrary il Is admitted that
IN application to the Turkish Governor a. Smyrna that
magistrate refused 10 grant the Austrian Consul any
authority to arret Koszta =
u this state Of facts according 70 Mr. Marcy Ia
evidence Of bad faith and the discovered design Of taking
pta Aatr haiti "a M
reea and ntnnaed that he should resort to force the
demand was not complied WITH though no force was &c
tualy used.
There IL however, the question Of Kosztas allegiance
TO be answered. and contrary to the British view on the
subject Mr. Marcy maintains that allegiance Is not ndes
uuctibe. In England, need not ny, directly con
tary doctrine prevails, and have hesitation in main
tanning that by British law, the allegiance Of subject l
permanent and unatcroble, No subject Of the Britbh
government can, by act OF his own, dvet himself OF
allegiance relieve himself Of tho duty and obedience he
owes to bis sovereign. Wi1ln The domnions Of our
Queen an alien to.her Majesty aedance while he Is
subject to her jurisdiction and may De prosecuted and
punished for high treason.
4 4,