Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-03-17

RIGS Of diplomatic notes which passed between
the American and Austrian functionaries on
the Kos1ta affair. The reader of the letter
published in the Free Press u fortnight ago,
will have the whole subject before his mind
with as much cxactncss and with more sim
plicltyo arrangement, and perhaps with more
fulncss than the rcrutal of long diplomatic
correspondence would give him. We give be-
low, however, one of the letters of our late
Minister to the Sublime Porte, Hon. George
=. Marsh, addressed to the Austrian Inter
nuncio, Baron de Bruck. 1t will serve az II
specimen OF the directncss and ability shown
by our minister, creditable alike to himself
and our government.
His letter to Mr.. Consul Onley, written
after the latter had taken upon himself
10 con'ravenc the express directions of the lie.
CATION, because he (Mr. Oflcy) did not like all
the proposed arrangements for the release of
Kos ,ta will clear up any doubt about the U.
5. Minister being ready TO concedc to Austria
anything which the honor of his country for
babe. No such doubt ever had place here
where Mr.. MLrsh is so thoroughly known
Elsewhere, some abusive paragraphs appeared in
the public prints from those who had only an
imperfect and inaccurate knowledge of the
case.
Would that our government could be al
ways as ably represented abroad.
TufR,rlA, July 50, 1888.
NorR EYcLLLEACY | have the honor to ac-
knowledge the receipt Of your Exccllcncys
note of July %, (reccived Yesterday and to
offer the following remarks in reply.
| deem it supcr1uous now to enter into
minute examination of the question involved
in the case Of koszta, both because it has
been already discussed at some length by the
internunciature and this legation, and because
| am prepared to make proposal, the accep-
lance of which by the internunciature would
terminate the present nconvenient position
of the affair, and leave any complaints either
party may have to make against the authori
ties Of the other, to be examined and disposed
FLY their respective Governments.
At the same time, deem it my duty to
state very succintly, my reasons for declining
to comply with your Excelency's demand Of
the surrender of the prisoner to the Austrian
| Consulate at smyrna.
| cannot admit your Excelcncy's position,
that any European Power can legally exercise
penary general jurisdiction over its subjects
on Turkish soil (; although am aware that
in dcrogation of the principles of internation-
al law IA qualified jurisdiction has been granted
by the Porte, for certain special and limited
purposes, to the representatives of the Chris
tian powers in Turkey. Neither the ancient
capitulations, nor any modern treaty, confer
such powers as are claimed by Austria and
| it is notorious, that the Ottoman Government
denies that such rights have ever been granted.
That abuses Of the rights really conceded
have occasionally been winkcd at, is no doubt
true; but the Porto has often protested
against them, and it is confidently believed
that no legal authority can be shown for the
public seizure Of Frank in the Turkish ter
ritOry, by unofficial persons upon the verbal
order of a European Consul, and without the
assent Of the Turkish authorities, or even the
! presence Of IL canvass.
The seizure of Koszta then was as unlawful
in essence as it was barbarous in the crcum-
stances of its execution his detention had
nothing of the character of legal imprison-
ment, and the American officers had the same
right to interfere which they would have had
in any case Of private and illegal violence
The peculiar institutions, political relations
and present circumstances of Turkey, I'M
posed upon the official representative Of the
American Government the duty of protecting
by all the means in their power, every person
entitled to any of the rights of an American
citizen, against all illegal violence from what
ever quarter proceeding.
kostza WAS an America protege. The cir
cumstanccs under which he went to the United
States were equivalent to an emigration under
an Auswanderungss lie had declared
his intention Of becoming an American citi-
zen, not your EXcrllon"v s"rrosos hofore
a simple notary but in due form of law before
IA Court of Record. Visiting Smyrna and
Constantinoplc for merely private and tenn
porary purposes, he required, under the laws
! of Turkey, passports and other protection
| from some Christian nationality. 1t will not
he pretended that he could have obtained
such protection from the Austrian authori-
ties. lie had acquired inchoate rights as an
American citizen, the extent of which it be-
longs to the American authorities exclusively
to determine, Both in virtue of these rights,
and under the general practice by which, from
time immemOrial, the legations representing
Christian powers in Turkey have in their dis
erection extended their protection to any
Franks, otherwise unprotected who asked
the benefit of it, the American Legation might
properly, upon Koszta application recognize
HIM as a protege.
For this purpose, he applied first to the
consulate at Smyrna, and afterwards to this
legation, stating the purpose of his visit to
Turkey, and his intention soon of returning
to the United States, and exhibiting the evil
dcnee OF his American nationality
Both the legation and the consulate recor-
nized the validity of his claims and gave him
feSfereh describing him as a citizen OF protege
OF the United States and he had returned to
smyrna Tor the purpose of re-embarking for
America, when his unlawful seizure by order
OF the Austrian Consulate at that city, com
menced the series of unfortunate events.
which almost inevitably resulted from that
much to be regretted and, it is hoped, un-
authorized act OF lawless violence.
Believing, then, that the seizure and detcn-
uon OF kostza were wholly illcga! and I'M
warrantahle, and that hc is entitled to Amer
lean protection, cannot consent to his sur
render to the Austrian Consulate, and hope
your Exce!lency will accede to the proposal
now make, for relieving the Consulate Gen
eral OF France, as well as the intcrnunciature
ana t"ls legation, from further responsibility
ana embarrassment in relation to this subject
lhere is at present no American vessel of
war IN the LcVant about to return to the
Ihlte States and | clnnot, therefore, offer %
commit kostza to the charge of public Of
hcer lor conveyance to America but at this
season OF tue year there are frequent oppur-
luiillcs Oh communication between SMYRNA
ana American ports by American merchant
vessels. These vessels usually proceed di-
rectly to their destination, without touching
at amy intermediate port, and by one Of them
kost1a might readily be conveyed at once to
the United States.
propose, then, that he be permitted to
avali hImSe Of the first opportunity which
shall offer OF cmbarkins on board an American
sup direct lur an American port with the
understanding that he shall nJt, unles, com
PEELED 10y shipwreck OF other inevitable acct
dent, land at any Turkish or European port.
or be furnished by the American Legation or
Consulate in Turkey with passport for any
place out ct the territory the Unitai States.
pray Your EXc.ll'n,y u accept the as,u
ranrn OF nv hl.tin.nl.L.l .-n.ilnn. -,