The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1853-10-11
SECRETARY MARCYs REPLY TO MIR. HuLsE
MANN

0''Jfho. AiC utGtS tilb WnOio UueStl(
win force and oarnestness, endeavoring
throw our national representatives in the wror
y IN every respect. He thus in conclusion d
mands disavowal by our Government of Il
: acts OF its agents.
'Tho Imperial Government cntortains r.
high an opinion of tho sense of Justice and
integrity OF tho government of tho Unite
! states to doubt for single instant its anxiet
10 disavow tho conduct of its agents, undor III
circumstances above mentioned, and that
Y VIII hasten to call them to n severe accoun
ana tender to Austria satisfaction proportion
ate to tho magnitude of the outrage"
Inc answer is ono of tho ablest and mo,
convincing State papers. We have over seem
From beginning to end, it is n profound leps
argument, dignified and courteous in lanpuap
yot manly and firm in its demands.
! Alter glvlnga full statement of the circum
stances under which Koszta was arrested th
Sccfctary proe oels slIvw that tho quesIlol
Is ono that must be settled upon principles O
International Law. He then shows that Aus
tria having consented to tho punishment O.
koszta, had no right, at the time Of his arrest
to claim bis allegiance; that Koszta by dc
claring his intention to become a citizen of tho
United Staics, became entitled to tho protec
ton OF the United States, that when hc return
cd to Turkey OH business, he took with him q
claim to nationality, and was to all intents
aud purposes, so long rs department towards
other countries favarcd tho declaration of IFS
intention, citizen of our country. The fact
lif 1t be fact that he declared himselfa Hun
ran, in The sonsc. in which he uttered. it at
the time of his seizure, was neither renuncia-
ton OF his allegiance to the United States. or
an aiilrmancc of his allegiance to Austria. -
From all that appeared, he was i'm Turkey on
ry In int. 4
his adopted cnnry. lie had claimed tho nro
lection ofihe American Consul at Smyrna and
received it whei ho first landed there. Tho
evidence OF that protection was in his posses
sion at the timo of his seizure. His domiciI.
was legally in the United States. Those vari-
Gus principles of law are argued Mt length, and
with consuminato ability by the Secretary
The course pursued by Capt. Ingraham i, dc.
Tended, anu in conclusion. the Secretary asks
that Kosz'a be placed in The same situation
that he was previous to his arrest.
II appears that he made his declaration Of
intention to become citizen of tho United
States on the 2lst July 1852. Mir. Marcy
thus states the circumstances of his seizure
AFTER remaining here one year and eleven
months he reformed un acc ,unt, as is alleged.
ot private business ofa temporary character. to
lunkey III an American vessel, claimed the
rights of naturaliz"d American citizen, and
offered to place himself under tho protection
of tho United States Consul at Smyana. Tho
Consul ut first hesitated to recognize and 20. |
ceive him es such: but afterwards, and some |
lime before his seizure, he had tho American
Charge dAtfairs nd interim, ut Constaninoplc |
1 id -nvtnnd ,ara,.,a.;.... I:--,-i, -. =.
crof saf. conduct, usually given by foreign
Consuls i'm Turkey to persons Ia whom they |
extend protection, rs by Turkish laws they |
have right to do.
While waiting ne is alleged. for an opportu |
nity to return to the United States. hc was
seized by n band of lawl'ss men-freely, per-
haps harshly. characterized in the dispatches
ns "ruffains." "Grcck hirolings,' robbers
who had moi, nor did they pretend to have any
color as authority cmtnaiing from Turkey or
Austria. treated with violence and cruelty, and
thrown into tho sea. Immediately he was
taken upby boats crew lying in wait for him,
belonging to tho Austrian brig ofwar Hnssar
forced on board Of tho vessel and there con-
fined in irons. 1t is now nvowcd. as /; was
then suspected. that these dcsperadoes were
instipatcd TO this outrage by the Austrian Con-
sul- l-Gencrai at SMYRNA: but it is not prctcn
ded that he acted under tho civil authority of
Turkey, but on the contrary. it is admitted That
on application to the Turkish Governor at
SMYRNA, that magistrate refused to grant the
Austrian Consul any authority to arrest Kosz-
ia.
Tho Consul of tho United States at Smyr-
M. as soon as he heard of tho seizure of kosZ-
Ia. and tho Charge dAffairs of tho United
States. dd interim, at Constontinoplc, after
wards nterceded with tho Turkish authorities,
with tho commander of the Austrian brig-of-
war, for his release, on the ground of his Amer
lean nationality. To support this claim Kosz-
ta's original certificate of having made, under
oath, i'm court in New York, declaration OF
intention 10 become an American citizon, was
produced at Smyrna and an imperfect copy of
il was placed i'm the hands of tho imperial Aus
,rian internancio at Constantnople, was fruit
less. and it became notorious at Smyrna that
there was n settled design on tho part of the
Austrian officials to convey him candesinely
to Trieste, city within the dominion of tho
Emperor of Austria. Opportuncly the United
States sloop-of-war, the st. Louis. under the
command of Captain lngraham, arrived in the
harbor Of Smyrna before this design was exc
cuted The commander of tho st. Louis, from
the representation of the case made to him, felt
il to be his duty, as it unquestionably was, TO
enquro into the validity of Koszta's claim to
American protection. Ho proceeded with de-
liberation and prudence; and discovered, what
he considered, just grounds for inquiring into
Koszta's claim 10 be discharged on account OF
his American nationality. During the penden'
cy of this inquiry he received notice of the de-
sign to take koszta clandestincly, before the
question at issue was settled, into tho domin
ions of the Emperor of Austria. AS there was
other evidence of bad faith besides the discoy-
cred design of evadng tho injury, Capt. Ingra
ham demanded his release, and intimated tha
he should resort to forco if the demand was
not complied with by certain hour Fortu
nately, however, no, farce was used. An ar
rangemont was made, by which the prisone
was delivered to tho custody of tho Frencl
Consul General, to be kept by him until tho
United States and Austria should agree as t.
the manner of disposing of him."
After heightened argument to show tina
, tho Austrian government had no right to seiz
Koszta, either by virtue of the law Of Nations
or by existing treaties, Mr.. Marcy thus pro
cceds to dcfine tho right and duty of tho Uni
led States to throw around Koszta the protec
ton of tho national flag:
/, "Mr IIulesmann, as the undorsgn believes
falls into great error--an error fatal to som
of his most important conclusions-by assun
ing that nation can properly extend its pre-
lkoot;o. .,Iv to m ofivo horn mr. fiafuralIzed cit