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A.

UNITED STATES CONSULATE, SMYRNA,

June 24, 1853.

SIR: I have the honor of laying before you the following occurrence. Mr. Martin Koszta, one of the Hungarian refugees, who was in Governor Kossuth's suite on leaving Turkey for the United States, arrived here a few months since from New York, on the afternoon of the 21st instant; while he was seated on the marina he was seized by a band of armed men, without the concurrence of the local authority, and after having been treated in the most brutal manner, they threw him into the sea, where a boat was in waiting, and took him on board of an Austrian brig-of-war. This arbitrary act was done by the order of the Austrian consul.

Several deputations called on me, stating that Koszta had an American passport. I applied to the governor, informing him of the occurrence, stating that if the man had really an American passport, he was entitled to the protection of the United States; and under this supposition I requested him to have Koszta delivered up to me. The governor gave no definite reply, but intimated that he would refer the matter to Constantinople. This occurred on the night of the 21st. I continued my investigations to see if he really had an American passport, which I found not to be the case; the only document he had being a legalized copy of a declaration he had made in New York, under date 31st July, 1852, declaring his intention to become an American citizen.

On the morning of the 22d, the United States corvette St. Louis came in sight, and I thought proper to await her arrival before taking any further steps; and when she had come in, in the afternoon, I went on board and related the circumstance to Captain Ingraham, and, accompanied by him, proceeded to the Austrian brig, and interrogated Koszta on what grounds he claimed American protection, and if he had a passport. He replied that he had none, and had only the declaration already referred to, which, of course, deprived us of all right of claiming his release.

The European population is quite indignant at the conduct of the Austrian consul, and the emigrants are greatly agitated; threats and imprecations were made against the officers of the consulate and the brig.

Yesterday evening, two of the officers of the brig went to a coffeehouse, and it is said they were warned of the rumors spread in town, in regard to the threats of the refugees. A short time after, several of the refugees entered the place and attacked them, both of whom were wounded, and one of them was found dead this morning.

Then it is clear that Koszta is not an American citizen, but it is certain he is a refugee, living in a foreign land, and has renounced all allegiance to the Emperor of Austria, and has declared on oath his intention of becoming a citizen of the United States.

It is true that the refugees who left with the Mississippi were not, according to the convention betwixt Turkey and the European powers, to return here; but Koszta's return, contrary to the convention, does not give Austria the right to act as she has done; and all she had the right to do, was to demand from the Turkish authority his expulsion

from this country, and it was only Turkey who had the right of interfering with him.

The precarious state of the refugees residing here has been greatly increased by these doings, and I have considered it my duty to lay the case before you, (the other consuls have also written to their embassies on the same subject,) so that you may take those steps which you consider proper for the release of said Koszta, and for the future protection of those other unfortunate exiles who are in this land.

I have the honor to be, sir, your obedient servant,

J. P. BROWN, Esq.,

JOHN GRIFFITH, for the Consul.

U. S. Chargé d'Affaires ad interim, Constantinople.

B.

LEGATION OF THE UNITED STATES, CONSTANTINOPLE,

June 27, 1853.

SIR: I have received your letter of the 24th instant, respecting the outrageous and inhuman conduct of the Austrian consul, of your city, towards the Hungarian refugee, Martin Koszta, who, though not possessing the full rights of a citizen of the United States, has, nevertheless, by the oath of allegiance which he has taken to the government of the United States, claims upon your friendly aid and intercession. I have addressed a letter to the internuncio, in which, after expressing my opinion freely of the barbarous conduct of the consul, interceded for Martin Koszta's immediate release from the brig-of-war and return to the United States.

I have to request that you will continue your officious intercession in behalf of Martin Koszta, both to the Austrian consul and the commander of the "Hussar." While I deplore the melancholy occurrence which resulted in the death of the young officer of the brig, I cannot but attribute it to the very inconsiderate and unaccountable conduct of the consul. I should have supposed that the neutral soil of the Sultan would have demanded more respect from the Austrian consul; and though the victim, unfortunately, does not possess a passport of the United States, yet his declaration of allegiance to their government merits the regard of the American consulate, and your friendly sympathy.

The act of the Austrian consul has, very naturally, excited the indignation of the inhabitants of Smyrna, as it has of every one here. The effect, everywhere, which it will make, will be most unfavorable to the Austrian government, and nowhere less than in the United States.

No convention was made, as you apprehend, apparently, between the government of the United States and the Porte, that the refugees should not return here; nor do I know of any between them and the Porte.

I have the honor to be, &c.,
EDWARD S. OFFLEY, Esq.,

JOHN P. BROWN.

United States Consul, Smyrna.

C.

LEGATION OF THE UNITED STATES, CONSTANTINOPLE,
June 27, 1953.

I have the honor to address your excellency on the subject of a most unfortunate occurrence, which, I am informed by the consul of my government in Smyrna, took place there on the 23d instant, and which I very deeply deplore, inasmuch as it resulted in the death of a young officer of the Austrian navy, who has thus, most probably without in any manner having been the cause of the unwarranted attack made upon himself and his companions in Smyrna, been the victim of the most inconsiderate and unaccountable conduct of the Austrian consul of that city towards an individual named Martin Koszta. This person, at the present moment incarcerated on board the Austrian brig-of-war "Hussar," now at Smyrna, is, I believe, one of the Hungarian refugees, who had been detained at Kutahia. Together with others, he was permitted to leave this country in 1851, and he proceeded with them to the United States, where he took the preliminary steps towards becoming a citizen of the United States; that is, he made a formal renunciation of all allegiance to any other power or sovereign whatever, and took the usual oath of allegiance to the government of the United States. A few months since, Mr. Koszta came to Smyrna from New York with the design of again proceeding to the United States. In the afternoon of the 21st instant, whilst seated on the marina of Smyrna, he was suddenly set upon by some fifteen ruffian Greeks, all armed, said to have been employed for that purpose by the Austrian consul, and, after having been treated in the most brutal manner, was thrown into the sea, where a boat was in waiting to receive and conduct him to the Austrian brig-of-war "Hussar."

Mr. Koszta, on leaving the United States, received a legalized copy of the declaration which he had made there of allegiance to the gov ernment of the United States, and which document, under ordinary circumstances, would recommend him to the friendly aid and consideration of American authorities. It cannot be conceived how this individual's temporary residence in the city of Smyrna could possibly excite the animosity of the Austrian consul to such a degree as to cause him, at a moment when he evidently had no reason to apprehend such an outrage, to be conveyed, in an ignominious manner, on board an Austrian vessel of war. It seems to me, rather, that in case his presence there incommoded the Austrian consul, the latter, at the most, would have called upon the local authorities to require his departure, and not, by an act of so outrageous and inhuman a nature, excite the indignation of the inhabitants of Smyrna, as I do not doubt it will of the people of the United States.

Permit me, therefore, to intercede with your excellency in behalf of Mr. Koszta, and to ask, if not out of the respect due for the government of the Sultan, whose territory has been so grossly violated by the conduct of the Austrian consul of Smyrna, at least out of regard for the government to which he has pledged his allegiance, that you be pleased to give orders to the commander of the "Hussar" for his immediate release, so that he may proceed to the United States.

I avail myself of the present opportunity of offering to your excellency assurances of my highest respect and most distinguished consid

eration.

Mons. L'INTERNONCE.

[Translation.]

JOHN P. BROWN.

BUYUKDERE, June 27, 1853.

MONSIEUR LE CHARGE D'AFFAIRES: By your communication of this day, you ask, monsieur le chargé d'affaires, for the release of one Martin Koszta, who was arrested by the consulate general of Austria at Smyrna, on the 22d instant.

I can only attribute this intervention on your part, sir, to some mistake, seeing that the individual in question is a native of Hungary, and that he has never ceased to be a subject of Austria, as it is proved by his declaration made in the presence of the consul of the United States established at Smyrna. His arrest, therefore, has been effected in virtue of treaties which secure to my government the full and complete independence of its jurisdiction over all its native subjects (nationaux) in Turkey.

You will easily understand, therefore, monsieur le chargé d'affaires, the utter impossibility in which 1 find myself to comply with the request you have just expressed to me in your communication aforesaid. Please to accept, monsieur le chargé d'affaires, the assurance of my most distinguished consideration.

Mr. BROWN,

D. BRUCK.

Chargé d'Affaires of the United States of America, &c.

Mr. Brown to Mr. Marcy.

[No. 42.]

LEGATION OF THE U. S., CONSTANTINOPLE,

July 5, 1853.

SIR: I had the honor in my last despatch (No. 41,) June 28, to inform the department of the arrest of the Hungarian emigrant, Martin Koszta, by the Austrian consul of Smyrna, by means of a number of hired Greek ruffians, and of his incarceration on board an Austrian brig-ofwar in the harbor of that place. I enclosed a copy of my letter on the subject to the Austrian internonce (minister) in behalf of Koszta, one of his reply, and one of my rejoinder to his excellency.

I would now request leave to state that the news of this transaction reached here on the 26th ultimo, and on the morning of the 27th I sent my letter of that date to the internonce. I also wrote a letter of instructions to the consul of the United States at Smyrna, of the same date, copy of which (No. 1) is here enclosed, requiring him to continue

to claim Koszta's release by the Austrians. On a subject of so much interest, I had hoped to have been favored with an early reply by the internonce; but in this I was disappointed, and only received an answer in the evening of the 29th, pre-dated on the 27th of June. I had, however, availed myself of the mail of the afternoon of the 28th, to write freely my opinion of the matter to Commander Ingraham, then at Smyrna, in the United States corvette St. Louis, (enclosure No. 2,) in which I stated that if I thought he would be governed by my instructions, as acting representative of the United States, at this place, they would be to demand Koszta's release on the ground of his expatriation by Austria, and of his oath of allegiance to the government of the United States; and, in case of a refusal, to take him out of the Austrian vessel.

The silence of the internonce from the 27th to the 29th was evidently intentional, with the view of leaving me in doubt as to his decision on my intercession in behalf of the sufferer; as he had, in the mean time, sent positive orders to the Austrian consul at Smyrna to have Koszta removed from the brig-of-war to an Austrian Lloyd's steam packet, which left here on the evening of the 27th, so as to be conveyed at once to Trieste, there, doubtless, to meet the fate of so many others of the unfortunate Hungarians who took part in the struggle of 1848-'49, The enclosure of my despatch No. 41, will have made the department acquainted with my answer to the internonce's refusal to accede to my intercession. I, at that period, did not possess a copy of Koszta's declaration of allegiance; but having its date, I filled one up with it, and sent it to the internonce. Another Hungarian emigrant to the United States, now under the protection of the legation at this place, is possessed of a similar document, with another from a public notary of the State of New York, and a passport given him by the United States legation at London, stating, in French, "qui a declarè son intention de dévenir citoyen des Etats Unis." That from the public notary of New York appeared to me to show, more distinctly, Koszta's right to the protection of all American authorities, especially to this third and neutral country, as an "affiliated citizen." I also communicated a copy of it to the internonce. Copies of these documents are herein enclosed, (Nos. 3 and 4.)

To my letter to the internonce of the 29th I received no reply, his excellency, doubtless, believing that in conformance with the instructions which he sent to Smyrna, Kostza had already been removed from the brig to the Austrian steamer, and sent to Trieste; and that he might therefore be indifferent to my remonstrances. However, on the 3d of July, his excellency learned from Smyrna that his plan had been thwarted by Commander Ingraham, who having been made acquainted with the design of removing Koszta during the night, had placed the corvette under his command in such a position, between the brig and the steamer, as to render the removal of the prisoner difficult without his knowledge of the fact. This secret design was also in bad faith towards Consul Offley, whose report (No. 5) shows that the Austrian consul of Smyrna had agreed with him to defer any action in the premises until the arrival of the next steamer from Constantinople, which would enable them to hear again on the subject from their respective legations.

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