New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-10-07
70 LOOK az thestransaction in different ligh
Mr.. Marcy saws.


Martin Koszta, by birth Hungarian. and Of
course an Austrian sui ject at thai time. took
an open and active part in the political. move
ment of 1848-49, designed to detach Hungary
from the dominion Of the Emperor of Austra.
At the close Of that disastrous revolutionary
movement, Koszta, with many others engaged
in the same cause, fed from the Austrian do
minions, and took refuge in Turkey. The ex-
tradition Of these fugitives, Koszta among them
was demanded and pressed with great vigor by
Austria, but firmly resisted by the Turkish go.
YER ment. They were, however, confined al
Kutahia, but at length released, with the un-
derstanding or by express agreement of Austria
that they should leave Turkey and go into TO-
reign parts. Most Of them, ii is believed, before
they obtained their release, indicated the United
States as the country of their exile 1t is al
legged that Koszta left Turkey in company with
kossuth-this is believed to be mistake; and
that he engaged never to return--this is re-
garded as doubtful. To this sentence of banish-
ment--for such is the true character of the ex-
pulsion from Turkey--Austria gave her consent
in truth, it was the result Of her efforts to pro-
cure their extradition, and was accepted by her
as substitute for it She had agents or COM
missioners at kutahia to attend TO their embar-
kation, and to her the legal consequences Of this
act are the, same as if it had been done directly
by herself, and not by the agency of the Otto
man Porte. Koszta came to the United States,
and selected this country for his future home
On the 3lst of July, 1852, he made declara-
ton, upder oath, before proper tribunal, of
his intention to become citizen of the United
States, and renounce all allegiance to any other
State or sovereign.
After remaining here for one year and eleven
months, he returned on account, as is alleged,
Of private business, of temporary character, to
turkey in an American vessel, claimed the rights
Of naturalized American citizen, and offered to
place himself under the protection of the United
States Consul at Smyrna. The Consul at first
hesitated to receive him as such; but afterwards
and some time before his seizure, he and the
American Charge d'Affaires ad interim, at Con.
stantinople, did extend protection to him, and
furnished him with Tizkereh-a kind of pass
port or letter of safe conduct usually given by
foreign consuls in Turkey to persons to whom
they extend protection, as by Turkish laws they
have right TO do. 1t is important to observe
that there is no exception taken to his conduc,
after his return to Turkey, and that Austria
las not alleged that he was there for any polti.
cal object, or for any other purpose than tn
transaction of private business. While waiting
AS is alleged, for an opportunity to return to
the United States, he was seized by a band o.
iAwless men,,-freely, perhaps harshly, charac-
terized in dispatches Ms "ruffians." s.Greeh
hirelings," robbers"-who had not, nor did
they pretend to have, any color of authority
emanating from Turkey or Austria-treated
with violence and cruelty, and thrown into the
sea. Immediately thereafter he WAS taken ~
by boats crew, lying in wait for him, belong.
ing to the Austrian brig of. wBr, the Hussar
forced on board of that vessel, and there con-
fined in irons. 1t is now avowed, as it was ther
suspected, that these desperadoes were insti
gated 10 this outrage by the Austrian Consul
rnI h.rtt sl..l
ne acted under the civil authority of Turkey
nut, on the contrary, it is admitted that, on ap
plication to the Turkish Governor at Smyrna
that magistrate refused to grant the Austrian
Consul any authority to arrest Koszta.
The Consul of the United States at Smyrna
rs soon as he heard of the seizure of Koszta anC
the Charge d. dAffaires Of the United States, az
interim, at Constantinople, afterwards interce
ded with the Turkish authorities, with the Aus
trian Consul-general at Smyrna, and the com
| mander Of the Austrian brig Of war, for his rs
lease, on the ground of his American nationality
| To support this claim, Koszta's original certii
| cate of having made, under oath, in court
New York. a declaration of intention to becom
| an American citizen, was produced at Smyrn
| and an imperfect copy of it placed in the hanC
of the imperial Austrian internuncio at ConstaI
tinople. The application to these officers
Smyrna for his liberation, as well as that
u
Bruck, the Austrian Minister at Constantinopl,
was fruitless, and it became notorious at Smyrn
that there was settled design on the part
the Austrian officials to convey him olandes
timely to Trieste--a city within the dominion q
the Emperor of Austria. 0pportunely, tn
United States sloop-of-war, the St. Louis, unde
the command of Capt. Ingraham, arrived in tn
harbor of Smyrna before this design was exc
cuted. The commander of the St. Louis, from
the representation Of the case made to him, fel
it to be his duty, as it unquestionably was, +
inquire into the validity of Koszta's claim +
American protection. He proceeded with delib
GRAFTON and prudence; and discovered what h
considered just grounds for inquiring into Kosz
ta's claim to be discharged on account of hi
American nationality. During the pendenc
of this inquiry he received notice of the desg
to take Koszta clandestinely, before the questio
at issue was settled, into the dominions of tn
Emperor of Austria. AS there was other evi
dence of bad faith besides the discovered desig
OF evading the inquiry, Captain Ingraham de
manded his release, and intimated that h
should resort to force if the demand was nc
complied with by certain hour. Fortunately
however, no force was used. An arransemer
was made by which the prisoner was delivere
to the custody Of the French Consul general, .
be kept by hlm until the United States an
Austria should agree as to the manner of di
posing of him.
Mr.. Marcy next proceeds to present Il
views Of the President in relation to the matt,
in question, and his reply to the several d,
mands of the Austrian government, and says:
His Imperial Majesty demands that the go,
ernment of the United States shall direct Koszt
to be delivered to him; that it shall disavo
the conduct of the American agents in this a
fair, call them to a severe account, and tends
| satisfaction proportionate to the outrage.
In order to arrive at just conclusions, it
necessary to ascertain and clearly to defn
Kosztas political relation with Austria an
with the United States when he was seized g
Smyrna. This is the first point which naturall
presents itself for consideration, and perhaps til
mos; important one in it's bearing upon tn
merits of the case.
| There is great diversity and much confusion
| of opinion as to the nature and obligations c
| allegiance BY some it is held to be an indies
tructible political tie, and though resulting frou
| the mere accident of birth, yet forever bindin!
the subject to the sovereign by others it j
considered a political copnexion in the natur
| OF II civil contract, dissoluble by mutual con
sent but not so at the option of either party
| The sounder and more prevalent doctrine, how
ever, is, that the citizen or subject having faith
fully performed the past and present duties re
sultinp from his relation to the sovereign power
may at any time release himself from the oh
| legation of allegiance, freely quit the land {
his birth or adoption, seek through all coun
| tries home, and select anywhere that whic
offers him the fairest prospect Of happiness 70
himself and his posterity. When the sovereign
| nower wherpsOeyer il NAV be placed does n,