Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-10-01


AUSTRIAN LEGATION
WASHINGTON AUGUST 20, 1858.
The undersigned, Charge dAares of his Majesty the
Emperor Austria been instructed address this
cial to the honorable Secretary of State in rea-
tsan 10 the difficulties which have occurred between the
agens of the Governments at the port of Smyrna.
The facts which came to pass that occasion are OF
public notorety and the undersigned thinks he may con-
Zine himself in his thereon to the most prom-
nent points. Our Consult General Mr. DC Weckbecker
exercising the right Of jurisdiction which has been qua
xanted by treaties to the consular agents OF Austria 10
Che East relative TO their countymen, had caused 70 DC
arrested and conveyed board the Austrian brgoiwaf
- Huszar the hungarian refugee Marln hos1,a " no.
residing time in the interior ut kutahia, had ie
TQrkey company with Kossuth and who after having
pledged himself in writing not to set foot again on Otto
Haan territory, broke that pledge by returning some
months since Smyrna This arrest gave cause to some
reeiamations which Mr.. 0fiey, United States Consul
oSnjoiny with the commander of the American soopo
war ST. Louis anchored in the roads before Smyrna,
declared it incumbent upon themselves to address to Mr.
de Weckbecker basing their demands upon the fact tha
che aforesaid Koszta having, according to hem caused
himself to be naturalzed in the United States, was en-
Led TO the protection Of the American authorities Upon
ras the ConsulGeneral of the Emperor accompanied P
the American Consul and the American commander re-
paired board the " Huszar and these two function
aries had it in their power convince themselves from
the declarations of the prisoner HIMSELF that the latter
hsS acquired the quality of citizen Of tho United
States, and that he not provided with an aue
Tican passport,
On his own part the Charge AFaires ad interim Of the
United States at Constantnople addressed communca
Minister the object which to ask for the release
of kosza upon the plea that he had taken some steps 70
hc admitted American citizen Baron dc bruck re-
ed to this request the day. refusing to comply
with it, Two days after Mr. Brown returned again to
the charge by forwarding to Mr. de Bruck copy OF
declaration purporng have been signed by kosz:a In
New York. the 31st of July last and which the Charge
TAffares of the Union to regard suihcent 10 I'M
ply the naturalization of that refugee IN America
replied that it impossible for nm 70 aeT
has determination he could not CONF ns - ,
question as belonging Il Tim to his country were not lee
s Is sae afassso ol ' - =
The undersigned thinks it proper to egbody with the
very text Of this note copy Of the document
toned which has served the basis to all the extraord
rs proceedings both the part Of Mr. Brown and that
af the commander of the st. Louis. Here it is:
Declaration made ~ Aara Koa Of allegiance 70 e Gos-
eminent of the United States.
L Martin Koszta do declare cath that il bona fde
my intention become citizen of the United States and
foreign prince poenate State and sovereignty whatever
and particularly to the Emperor of Austria.
Sworn in open court this 3lst day Of July 1872 before
me- clerk of the court &C. MARTIN hoSzTA.
T., clerk of the Of -, being court Of record
sving common law jurisdiction and clerk and seal do GER
efy above is true copy original declaration
Of Mr. become a citizen Of the United States
manning opened in my Office.
In testimony whereof subscribed my
Il. 81 and affixed the seal Of the said court the 3ls
day Of July 1855.
difficult conceive how the representative of the
United States could have sought TO found proof of the
pretended naturalization Of Koszta upon document des
atate Of all authentic character seeing that the form Of
Equalization which is affixed TO it, and which alone could
have invested it with that character leaves in blanks
both the name Of the tribunal before which the decara-
ton OF koszta must have been made and the of
the clerk WHO is supposed be the depository of the
original document and that moreover, this pretended
Regulation has neither signature official seal attached
10 1t But admitting the authenticity of this deca
ration and supposng that koszta could, without yolat
ing the laws of his country of his accord and,
without any other formaties have broken asunder the
ses which bind him to his native SOIL the of the
document shows that the author of has done nothing
more than to declare his intention Of becoming citizen Of
The United States, and with that object in view of
nouncing his rights of nationality in the States of the
Emperor.
few days later and lamenabe episode occurred
TO aggravate the question On the morning of the ID
July the commander of the American sloopofwar St
Louis, Mr.. Ingraham, sent message to the command
ing officer of the Huszar,' to the effect that in pursu
nce Of instructions received from the Charge Aares
Of the United States at Constannople he had TO call
upon bin TO deliver the aforesaid koszta into his hands,
adding that if he did receive satisfactory by
four ocock in the afternoon he should the prisoner
90 be taken away by main force was reasonable
To expect commander instead Of complying with this
request prepared himself to repuse force by and
when, at the hour designated the American commander
getting ready TO carry out his threat ranged himself
alongside vessel and brought his guns to bear pom
the imperial brig and about to carry
hast extremity brave sailors although much inferior
IN numbers, determined to oppose vigorous re-
sLstance to the act Of aggression which point
Of being consummated in the neutral port Of SMYRNA
and on the part Of vessel Of belonging to Power
winch hhstrlh was At peace. Our Consul General
only succeeded IN preventing this bloody catastrophe
which would probably have ended in the destruction Of
considerable portion of the town Of Smyrna OF YES
sells OF all nations in the harbor by consenng that Kosza
should temporarily and until the settlement Of the diff
cnues Of which he the subject be confded the
custody Of the Consul General OF France at Smyrna.
The return Of Mr. Marsh TO Constantnople a few days
after these events brought discussion between him
aef and our Inernupco Of the question whether Martin
kosza was to be considered Austrian subject
citizen Of the United States Although stil ignorant
Of this discussion, the Imperial Government has come
the determination not to delay longer addressing itself
Go the Government Of the United States through in
srrnmentay 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 at Constantnople concerning Koszta the other
question: at least fully important is that which has
rSterence TO those formates in virtue Of which the
agents OF the United States have deemed themselves
taorized IN urging their pretensions
win regard TO the first Of these questions treated
IN the correspondence which has taken place ON
Ject between the lnernunco and the Charge d Afaires
I'D 1term OF the United States in Turkey the Imperial
oSernment adopts entirely the views Baron de ruck
an our OPINION hosza has ceased to be Austrian
SUBJECT Every thing combines TO make the Imperial
Government persist in this estimate Of the matter The
Laws Of his country opposed to Kosztas breaking
asnnder, or his own Gcc and without having obtained
permission TO expaate himself the authorities of
that country, the ties Of nationality which bind him to H.
The very declaration Of that refugee on board the us
gar in the presence Of the American consul and Of the
commander of the "St. Louis" shows that he still con-
sders himself as subject Of the Emperor In short
even according TO terms Of the law of the Unon such
fren which Mr. Brown has pretended infer his natu
razaton in the United States