The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30
he Reply of the President to the
Il Austrian Government.
The First Diplomatic Note from
the New Adm inistratiOn.
.oUR NEW FOREIGN POLICY.
The Rights Of an Embryo American
Citizen.

.>~~>~-S>>~o>~~~~o>~S
Our Consul at COnstanliuople and Captain
IDgraham Fully Sustained,
&C.. &C.. &c.
Gccsct0ry MAJ cy ts Uhevalier Hulscmann.
DsPAsrMeST OF ScATE,l
WASHING rom, Sept 26, 1858.
The President has carefully considered the note
of Mr.. Husemann which will be published in the
HERALD tomorrow Charge d'AffAres Of his Ma.
iesty tie Emperor OF Austr q, OF the goth ultimo,
addressed to this Department and the other d,cu-
nents relative to the muchregrettsd occurrences at
Smyrna in June and July last, with view to ascer-
tain the nature OF the mplaints thereo preferred
against the American officers engaged in that affair,
ane for the purpose OF giving such satisfaction as
Austria might be entitled to receive in case should
6nd that these officers had not duly respected her
rights.
Though differing very much from the views present
cd by Mr. HuIs+ mann on behalf of his government,
the PresdeOt ssl IN iuIges the hope thi the expo
eition Of the principal reasons which his own con-
illusions are founded will induce his Majesty's gov
eminent to look at the transaction in different
light from that in which it is presented by that gov
ernment
1t is the duty OF the undersigned to present these
Reasons to MIR. Husemann, and he will fai in his In
tention If in pertaining this duty, he does not
evince friendly spirit and avoid. 30 far rs 1t Can be
oue without iDpaing the full strength OF the case,
Che introduction Of topics to which either Mr. Huse-
maDr or his government can take exception.
To bring out conspicuously the questions to be
passed upon. 1t seems to the undersigned that the
fActs tho uld be fully and clearly stated than
they are In Mr.. HulsemsHns note.
Martin Koszta, by birth Hungarian, and Of
course an Austrian subject at that tune, took an open
and active part in the political movement Of ls4s-
49, ceslsDed 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, fed from
the Austrian dominions, and took refuge in Turkey
The extradit,on OF these fugitives, Koszta among
chem, wss demanded and pressed with great vigo
by Austria, but firmly resisted by the Turkish gov
eminent. They were, however, confined at skuta
ia but at length released, with the understanding
Or by express agreement Of Austria that they should
leave key and go into foreign parts Most
It s believed before they obtained their release in
dicsted the United States as the country OF their
exile. IL is alleged that Koszta left Turkey In COM
pany with Kossuth-t is believed to be mistake;
and that be engaged never TO is regard
ed a doubtful. To this sentence Of banishment-
Cor such Is the true character Of their expulsion from
Turkey-Aultra gave her consent in truth, it was
the result of her efforts to procure their extradOn,
and was accepted by btr As substitute for It, She
had agents or commissioners Kutaha to attend to
their emberka Un and t0 her the legal consequences
Of this net are the same as il it had been done d.
rectly by herself, and not by the agency Of the
Ottoman Porte. KOszta came to the United States
and selected tni, country tor bis future home.
On the 3lst OF July, 1852, he made declaration.
under oath before proper tribunal, Of his inten.
on to become citizen OF the United States, and re
uounce ell allegiance t0 any other State or sovereign.
After remaining here one year and eleven months,
he returned on account, Is alleged, Of private
business Of temporary character, to Turkey in
American vessel claimed the rights Of naturalized
American citizen. and offered to place himself under
che protection of the United States Consul at
Smyrna. The consul at first hesitated to recognize
and receive him as such but afterwards, and some
time befre his SEIZURE he and the American Charge
d. Affares ad .nterm It Constantinope, did extend
protection to him, and furnished him with o
>zsak9eh-a kind Of passport or letter Of safe con
persons to whom they extend protection, rs oy
Turkish Laws they have q right to do II is im.
portsnt to observe that there is no exception taken
TO his conduct after his return to Turkey, and
chat Austria has not alleged that he was there for
any political object or for any other purpose than
che transaction Of private business. While waiting
% Is alleged. for an opportunity to return to the
United States. he seized by band of lawless
.men-feely, perhaps harshly characterized in the
dispatches as "rufkans," Greek hirclings' " rob-
ber"-who had not, nor did they pretend to have,
any color Of authority emsnating from Turkey or
Austria, treated with violence and cruelty, and
thrown into the sea. Immediately thereafter he was
saken up by boats crew lying in wait for him, be-.
longing to the Austrian brig of war Hussar, f,rc
cd on board Of that vessel, and there confined in
irons. II Il now avowed, as it was then suspected
Chat these despersdoes were nstigated to this out
rage BY the Austrian Consul. General at Smyrna;
but It u net pretended that be acted under the civil
authority II Turkey. but on the contrary, it is ad
nitted that, on application to the Turkish Governor
At Smyrna that magistrate refused to grant tue Aus
SnAn Consul any authority to arrest Ko.zta.
Tbs Consul OF the United States at Smyrna as
coon - he heard OF the seizure Of Koszts, and the
Charge dA6sires Of the United States. ad Interim
at Constsntlnope, afterwards interceded with the
TurkNh suthofites, with the Austrian Consul Ge
neral at Smyrna, and the commander Of the Aus
sian brig OF war. for his release. on the ground Of
mis- American nationality. To support this claim
.koztss original certificate Of having made, under
oath. In court In New York, dscara lion of iu
tention to become an American ,itizeu, was pro-
duced at Smyrna, and an imperfect copy OF it
eWas placed in the hands Of the imperial Austrian
intesnuocio at Coustantinopie. The application to
ehese officers at Smyrna for his Liberation, as well as
chat Of Mr. Brown. our Charge d'Aaaires, to Baron
w, ,Bruck, the Austrian Minister at ConstsntnooIe
rs 'ruuess. and It became notorious at Smyrna
"a" tnere was a settled design on the part of
me Austrian Officials to convey him clandestinoy