The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-06
whites for labor in hot climates; but on the
Truth, that free labor is the only right and
benefceut kind Of labor in all climates.
THE KOsZIA AFFAIR.
Mr.. Marcy to Mr.. Huisemdnn.
DEPARTMENT OF STATE,
WaSkia oLOu SeDfemhsr 26 1881

DEPARTMENT OF STATE
Washington, September 26, 1853
Tho President has carefully considered tn,
note Of Mr.. HuIsemann Charge d'Affaires o
his Majesty the Emperor OF Austria, of tn,
Goth ultimo, addressed to this Department, anC
the other documents relative to the much-re
GREETED occurrences at Smyrna in June anC
July last, with a view TO ascertain the natur,
of the complaints therein preferred against tn,
American officers engaged in that affair, anC
for the purpose OF giving such satisfaction a,
Austria might be entitled to receive in case h,
should find that these officers had not duly re
spected her rights
Though differing very much from the views
presented by Mr.. Hulsemann on behalf of hi,
Government, the President still INDUCES the
hope, that the exposition of the principal rea-
SONS on which his own conclusions are found
ed, will induce his Majestys Government to
look at the transaction in different light
from that in which it is presented by that Gov.
eminent.
- IL is the duty of the undersigned to present
Dnc reasons to Mr.. Hulsemann and he will
his intention if, in performing this duty
bes not evince a friendly spirit, and avoid
D6far as it can be done without impairing the
full strength of the case, the introduction OF
topics to which either Mr.. Hulsemann or his
Government can take exception
| To bring out conspicuously the questions to
be passed upon, it seems to the undersigned
that the facts should be more fully and clearly
stated than they are in Mr.. Hnlsemann' note.
| Martin koszta, by birth Hungarian, and
OF course an Austrian subject at that time, took
an open and active part in the political move
ment OF lSiS-'49, designed to detach Hungary
from the dominion of the Emperor of Austria.
At the close of that disastrous revolutionary
movement, Koszta, with many others engaged
in the same cause, fled from the Austrian do
mlnions, and took refuge in Turkey. The ex-
tradition of these fugitves, Koszta among them.
was demanded and pressed with great vigor
by Austria, but firmly resisted by the Turkish
Government. They were, however, confined
at kutahia, but at length released, with the
understanding or by express agreement of Aus
tria, that they should leave Turkey and 90
into foreign parts Most of them, it is believed,
before they obtained their release, indicated
the United States as the country of their exile.
1t is alleged that Koszta left Turkey in COM
pany with kossuth-this is believed to be q
mistake; and that he engaged never to return
this Is regarded as doubtful To this sentence
OF banishment-for such is the true character
OF their expulsion from Turkes-Austria gave
her consent in truth, it was the result of her
efforts to procure their extraditon, and was
| accepted by her as substitute for it, She had
agents or commissioners ut Kutahia to attend
| to their embarkation, and to her the legal con-
sequences of this act are the same as if it had
been done directly by herself and not by the
agency of the Ottoman Porte Koszta came to
the United States, and selected this country for
his future home.
On the 3lst of July 1852, he made decla
ration, under oath, before prober tribunal, of
his intention to become citizen of the United
States, and renounce all allegiance to any other
State or sovereign.
After remaining here 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 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 recognise and re-
ceive him as such but afterwards and some
time before his seizure, he and the American
Charge d'Affaires ad interim at Constantine
pie, did extend protection to him, and furnish
ed him with Tezkereh-a kind of passport
or letter of safe conduct, usually given by for
eign consuls in Turkey to persons to whom
they extend protection, as by Turkish laws
they have right to do. 1t is important to oh
| serve that there is no exception taken to his
| conduct after his return to Turkey, and that
Austria has not alleged that he was there for
| any political object, or for any other purpose
than the transaction Of private business. While
waiting, as is alleged, for an opportunity to re-
turn to the United States, he was seized by
band OF lawless men-freely perhaps harshly,
characterized in the dispatches as ruffiansu
"Greek hirelings," robbers who had not
nor did they pretend to have, any color of au.
thority emanating from Turkey or Austria
treated with violence and cruelty, and thrown
into the sea. Immediately thereafter he was
taken up by a boats crew, lying in wait for
him, belonging to the Austrian brig. of. war the
Huszar, forced on board of that vessel, and
there confined in irons. 1t is now avowed, az
1t was then suspected, that these desperadoes
were instigated to this outrage by the Austrian
| Consul-General at Smyrna; but it is not pre-
tended that he acted under the civil authority
| OF Turkey, but, on the contrary, it is admitted
that Oh application 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
as soon as he heard of the seizure of Koszta
and the Charge dAffaires of the United States
I'D interim at Constantinople, afterwards inter
ceded with the Turkish authorities, 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
nationality. TO support this claim, Koezta's
original certificate of having made, under OATH
in court in New York, declaration of in
tention to become an American citizen, was
produced at Smyrna, aud an imperfect copy Of
1T placed in the hands df the Imperial Austrian
lnternuncio at Constantinople The applica.
ton to these officers at smyrna for his liberia
ton, AZ well as that Of Mr.. Brown, our Charge
dAfaires to Baron do Bruck, the Austrian
Minister at Coustantinople, was fruitless, and
| it became notorious Mt Smyrna that there was
a settled design on the part Of the Austrian Of
fcials to convey him olandestinely to Trieste
| a city within the dominion of the Emperor of
Austria. OPPORTUNITY, the United States sloop
of.war, the st. Louis, under the command of
| Captain Ingraham, arrived in the harbor of
Smyrna before this design was executed The
commander Of the st. Louis, from the repre-
sentation Of the case made to him, felt il to be
his duty a. it unquestionably was to inquire
into the validity OF ksAzta s claim to American
protection. He proceeded with deliberation
and prudence; and discovered what he consid-
cred just grounds for inquiring into Koszta's
claim to be discharged on account of his Amer
lean nationality. During the tendency of this
inquiry he received notice of the design to take
Koszta clandestinely, before the question at is.
sue was settled, into the dominions of the En-
peror Of Austria AS there was other evidence
Of bad faith besides the discovered design of
evading the inquiry, Captain Ingraham de.
manded his release, and intimated that he
should resort to force if the demand was not
complied with by certain hour Fortunate
ly, however, no force was used An arrange
ment was made, by which the prisoner was de-
livered to the custody of the French Consul.