The miners' express. (Dubuque, Iowa) 1849-1854, 1853-10-12
SECRETARY MARCY TO CHEvAI.iER
HULSEMANN.
DEPARTMENT OF STATE,
WASHINGTON. Sent. Of liza

| ~
The President has carefully considered the
note OF Mr.. Hulsemann, Charge d. Affaires Of
his Majesty the Emperor Of Austria, Of the
} Goth ultimo, addressed to the Department, and
the other documents relative to The much re-
GREETED occurrences at Smyrna, in June nnu
July last, with view TO ascertain the ma
ture o, the complaints therein preferred az ainst
the American officers engaged in that affair,
and for the purpose Of giving such satisfaction
as Austria might be entitled 10 receive, in case
he should find that these officers had not duly
respected her rights.
Though differing very much from the views
presented by Mr.. Hul>emann on behalf Of h $
government, the President still INDUCES the
h'pe that the exposition ofthe principal rea-
sous on which his own conclusions are founded
will induce his Majesty government To look
at the transaction in different light from
that in which ii is presented by that vcrn-
ment.
II is the duty OF the undersigned to present
these reasons e. Mr. Hulsemann, and he will
fail IN his intrntionil, in performing his duty,
he does nat evince a friendly spirit, aud avoid,
so tar as 1t can be done without impalr,ng the
'nl strength OF The cas-, the introduction of
topics to which either Mr. llu!semann or his
government can take exception
To bring out conspicuousy the questions
To be passed upon, it seems to the undersigned
that the facts should be more fully and CLEAR
ly stated than they are in Mr.. Hulscmann' 5
note.
Martin ko>zta, by birth Hungarian, and Of
course an Austrian subject at that time, took
an open and active part in The political move
ment OF lSi6, 40, designed to detach Hungary
from the dominion oil the Emperor of Austria
AT the close OF that disastrous revolutionary
movement, Koszta, with many Others engaged
ltnt h., al 4
minions. and took refuge in Turkey. The ex-
tradition of these fugitives, ko eta among them.
was demanded and pressed with great nigof by
Austria, but firmly resisted by the Turkish
government They were, however, confined
al kutahia, but at length released, with the un.
derstanding or by express agreement of Aus
tria, that they should leave Turkey, and 90 into
foreign parts. Most of them, ii is believed, be-
fore they obtained their release, Indicated the
United States, as the country Of their exile
II IS alleged that Koszta left Turkey in cennec-
ton with kossuth-ths is believed to be mis-
take and that he engaged never to return-tbs
is regarded as doubtful. To this sentence OF
ban'slment-for such is the true character OF
their expulsion from Turkey. Austria gave her
consent IN truth it was the result of her eff
Ior's 10 procure their extradition, and was &C
cePted by her as substitute for it, She had
| agents or commissioners at kutahia to attend
to their embarkation, aud TO her the legal conse-
quences OF this act are the same as fit had been
done by herself, and not by the agency of the
Ottoman Porte. Kosz,a came to the United
States, and selected this country for his future
| home.
On the 3lst of July, 1859. he made deca-
ration, under oath, before proper tribunal, OF
| his intention 10 become a citizen Of the United
States, and renounce all allegiance to any other
State or sovereign.
After remaining here one wear and eleven
months, he returned, on account, as is alleged,
ut private bus ness of temporary character, to
Turkey in an American vessel, claimed the
rights OF a naturalized American citizen, and
offered to place himself under the protection of
| the United States Consul at Smyrna The
consul at first hesitated to recognize and re-
ceive him as such but afterwards, and some
time before his seizure, he and the American
Charge d Affaires nd interim Constaatinople,
did extend protection TO him, and furnished him
with Iezkcreh-a kind of passport or letter of
safe conduct, usually given by foreign consuls
| IN Turkey to persons to whom they exte.,d
protection, as by Turkish laws they have right
to do. II is important to observe that there is
| no exception taken TO his conduct after his re-
turn to Turkey, and that Austria has not allie.
ged that he was there for any political object, or
TOR any other purpose than the transaction of
private business. While waiting, as is alleged,
for an opportunity 10 return to the United
States, he was seized by a band Of lawless men,
freely, perhaps harshly, characterized in the
dispatches as !" rufiians." 6 Greek hirelin U.s."
robbers who had not, nor did they pretend
TO have, any color ofauthority, emanatiny from
Turkey or Austria, treated with violence and
cruelty, and thrown into the sea. Immediately
thereafter, he was taken up by boats crew ~
ing in wait for him, belonging to the Austrian
brig Of war Hdesar, forced on board of that YES
sci, and there confined in irons n is now
avowed, as it was then suspected, that these
desperadoes were inst gated TO this outrage by
the Austrian Consul General at Smyrna; but
it is not pretended that he acted under The civil
authority Of Turkey, but, the contrary, it is
admitted hat, 90 application TO the Turkish
Governor at Smyrna, that magistratc refused to
grant the Austrian Consul any authority to ar
! rest Koszta.
The Consul of the United States at SMYRNA.
as soon as he heard If the seizure of Kosz'a,
and the Charge d'Affairs Of the United States,
I'D interim, at Constantinople, afterwards inter
coded with the Turkish autho rifles, with the
Austrian Consul General at Smyrna, and the
| commander of the Austrian brig of war; for his
release, on the ground of his American national
i'y. To support this claim, Koszta's original
certificate of having made, under oath in
| court IN New York, declaration of intention 10
become an American citizen, produced al
Smyrna, and an imperfect copy of it was placed
IN the hands of the imperial-Anss-'ass
clio al Guusfnnrff'P pie The application to these
officers at Smyrna for his liberation, as well as
that of Mr.. Brown, our Charge d'Afaires, To
Baron de Bruck, the Austrian Minister at Con
sianinope, was frutless, and it became notori
Gus al Smyrna, that there was settled design
on the part of the Austrian officials TO convey
hiin clandestnely to Trieste, city with
| in the dominion of the Emperor of Aus
tria.
Opportunity, The United States sloop of war,
| the ct. Louis, under the command of Captain
| lngraham, arrived in hlrbor Of SMYRNA before
| this design was executed. The commander of
the ST. Louis, from the representation Of the
case made TO him. felt it to be his tu,y as it un-
questionably was, to inquire into tie validity Of
koszta s claim to American protection. He
proceeded with delibera.ion and prudence; and
discovered, what he considered just grounds for
| inquirIng into kosztns claim to be discharged
on accounts Of his American nationality. Du.
ring the tendency this inquiry, he received no.
tice OF the design to take Koszta clandestineIy.
before the question at issue was settled, into the
the dominions Of the Emperor of Austria. As
there was other evidence of bad faith besides
the discovered design of evadirg the inquiry,
Captain lngraham demanded his release, aad
| "u"dtCu tndt Hc SuOuiQ TcSIt force III the
demand was not complied with by certain hour
| Fortunately, however. no force was used An
arrangement was made by which the prisoner
was delivered to the custody of the French Con.
sui General, TO be kept by him until the United
States and Austria should agree as to the man.
ner of disposing of him.
| This full statement OF the facts is deemed i'm
portant, as it will correct some errors, and aid in
| presenting with more disinctpess the questions
| to be discussed
The undersigned will now proceed to pre-
sent the views of the President upon this
transaction, and his reply TO these several de-
| mands.
His Imperial Majesty demands that the gov
| eminent of the United States shall direct
Kosza to be delivered to him; that it shall disa-
vow the conduct of the American agents in this
affair, call them to severe account, aud
tender satisfaction preportionate TO the out
rage.
In order to arrive at just conclusions it is nee.
essary to ascertain and clearly define Kosztas
political relation with Austria aud with the Uni.
| ted States when he was seized at SMYRNA This
is the first point which naturally presents itself