New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-10-07
DAILY CRESCENT.
MR.. MARCY'S LETTER.
The Austrian Protest and the Reply of the
United States.


United States.
The Washington Union Of the Both ult. con-
tains the protest of Mr.. Hulsemann against the
conduct of Capt. Ingraham in the Koszta affair,
at Smyrna, and the reply of Mr.. Marcy on the
part of the United States, declining the claim
for satisfaction on the part Of Austria The
correspondence fills eight columns of the Union
The Union, in the course of some editorial re-
marks, predatory to the publication of the docu-
ments, makes the following important state
ment:
1t will be remembered that the Austrian
government, several weeks ago, and Immediate
ly after the occurrence of the koszta affair,
permitted itself to give to that transaction, and
to all the negotiations consequent upon it, very
unusual aspect, by addressing to the principal
European cabinets, in advance of any communi-
cation to the Government Of the United States
a circular letter of complaint and protest
against the course adopted by the American
authorities. The speedy publication, apparently
not unintentional, of the circular in the leading
European journals, from which, of course, it
was widely copied in this country, was mani.
testify calculated, if not designed to invoke from
other governments and nations not Immediately
interested in the transaction premature judg-
ment in relation to it, which, as resting upon a
mere er Parte statement, could not be consider
ed as fair or free from undue bias. Ii is to be
regretted that this departure by the govern
ment Of Austria from the established usages
and proprieties Of diplomatic intercourse should
have been so far countenanced by the cabinets
of st. Petersburg and Berlin as to induce those
governments to assume the position of voluntary
parties to the controversy, by instructing their
representatives in Washington to intimate to
the President their general concurrence in the
view taken by Austria Of the proceedings in the
case of Koszta. 1t is gratifying to state, how
however, that the governments of France and
Great Britain, to which the Austrian circular
was equally addressed, have deemed it proper
to proceed with far more praiseworthy circum
spection 1t is understood, indeed, that the
cabinet of Paris has not failed to make known
to that If Vienna its disapprobation of tn.
proceedings of the Austrian functionaries
IN regard to Koszta at Smyrna, even upoi
the Austrian statement of those proceedings
and that the view 1t tages of the transaction
looks rather to the maintenance of the rights
and territorial sovereignty of Turkey than to
he interests or pretensions of Austria. Til,
government of Great Britain, though it has
made known to that Of the United States tn,
fact that its attention has been drawn to the
subject, has yet given no intimation that it re
in the transaction as open to censure.
Under these circumstances it is evident tina,
Austria, in advance of any claim upon us foi
satisfaction, and in a manner wholly unwar
rantatle, has arraigned the government of the
United States before the tribunal of the other
great powers of the world for the conduct of it,
gents in the affair of Koszta. This extraordi
nary proceeding has left to the Presiden
no other course than at once to give to the
rnt1A fkA k... Al
vndication of the American functionaries, and
the views applicable to this case upon which his
policy is based. To the end that Just and i'm
partial Judgment may be formed upon the whole
controversy, it is deemed proper at the same
time to publish the Austrian view of the trans
action, as set forth in the dispatch of Mr. Hulse-
| mann.
The protest of Mr.. Hulseman opens with q
statement Of the Austrian view of the facts
and says
| There are two distinct questions involved il
| this discussion. One is the main question rela
| ting to the dispute about the rights of jurisdc
| tion which has risen between the legations O.
| Austria and of the United States at CONSTANT
| nople, concerning Kosta the other question. al
least fully as important is that which has refer
ence to those formalities in virtue of which the
| agents of the United States have deemed them
selves authorized in urging their pretensions
Mr.. Hulseman declares, in regard to the first
question, that the imperial government adopts
entirely the views of Baron de Bruck "In our
opinion, Koszta has never ceased to be an Aus
trian subject Everything combines to make
the imperial government persist in this estimate
Of the matter. The laws of his country are op-
posed to Koszta's breaking asunder, of his own
accord, and without having obtained permission
to expatriate himself from the authorities Of
him to it. The very declaration of that refugee
on board the "Hussar," in the presence of the
American consul and of the commander of the
"St LOUIS shows that he still considers him
self himself as a'subject of the Emperor In
short, even according to terms of the law of the
Union, such declaration, supposed to have
been signed by Koszta, and from which Mr..
Brown has pretended to infer his naturalization
in the United States, is not sufficient to produce
that effect. The undersigned thinks he may
dispense entering into any further details in re-
gard to this question, seeing that the Depart
men of State Of the United States constantly
refuses to grant passports to individuals who
find themselves in this category, and that official
publications have been made from time to time
to that effect
Mr. Hulseman assumes that on these grounds
the Consul. General of the Emperor at Smyrna
was 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, and concludes that 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 interpost
any obstacle to the extradition of the aforesaid
Koszta by the Consul General of France to the
Consul General of Austria at Smyrna.
He then proceeds to notice ''the act of violence
committed by the commander of the sloop- of
war, St. Louis, against the Austrian bri,
Hussar, and designates it as an "act of war, ,
COMMITTED in full peace, in neutral port, tn,
fatal effects of which were only averted by til,
prudence and moderation" of the Austrian Con
sui General at Smyrna, and which he says con
stitutes an outrage upon the principles of tn,
law of nations; and (says Mr. Hulseman) tn,
imperial government has no doubt but tha
this act, viewed in such light, will have beer
condemned by the government of the UniteC
States, said government being itself interested
in preventing the repetition of similar OCCUR
rences.