The object of the next letter to me of the Austrian internonce, of the 3d of July, was to complain against the hostile position assumed by Commander Ingraham against the secret removal of Mr. Koszta, and to induce me to cease all further intercession in his behalf. To cover his discourtesy and silence towards me from the 29th of June, he stated in his letter that he had written to me two letters, one on the 27th and another on the 30th of June! As the assertion respecting the pretended letter of the 30th was certainly incorrect, (at least no letter of that date had reached me,) I replied to his excellency in a tone of dissatisfaction with this course of procedure, by my letter enclosed (No. 6) of the same day (July 3) His excellency now sent me (soon after receiving mine) a letter enclosing one dated the 30th, purporting to be a duplicate of the one which he wished me to believe he had actually written, but which I had never received. On the 5th instant, the date of my present despatch, I received the reports of Consul Offley and Commander Ingraham, (Nos. 7 and 8,) informing me of their success in compelling the brutal consul of Austria at Smyrna to renounce the design of conveying his intended victim to Trieste, and of his having been delivered into the hands of the French consul at Smyrna, in whose hospital he now remains. I have no doubt that Commander Ingraham warmly sympathized with me in my desire to save, if possible, the life of Mr. Koszta; yet I also apprehend, that had he not received my letter of the 28th, he would not have taken the decisive and firm steps which he did to effect it. By my letter of instructions (if indeed it can be so called,) he has been apparently governed; and the responsibility of his conduct will, consequently, rest greatly with myself. If the course pursued in this matter should, unfortunately, not meet with your approbation, I naturally expect, and would respectfully and earnestly request, the department to permit it, with its consequences, whatever they may be, to remain with me only. In conclusion, I would also respectfully represent that Mr. Martin Costa, or Kostza, is one of the refugees from Hungary in 1849; that after sustaining a painful detention at Kutahia until 1851, he was expulsed and banished from Turkey, on the demand of Austria, and that thus, exiled and expatriated, he sought a new country and a new home in the United States. There 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. He remained there one year and eleven months, and then, for a temporary and private purpose, he embarked in an American merchant vessel for Smyrna, where he procured a tezkereh or Turkish passport, through the United States consul, to visit this place. When, after a short stay here, he was desirous of returning to Smyrna for the purpose of re-embarking in an American vessel for New York, he received another similar Turkish passport from this legation. Under all ordinary circumstances, the declaration of his allegiance to my government, and his continuance in the design of becoming an American citizen, would recommend him to my aid and protection here. He could certainly appeal to no other official authority in this empire for the one or the other. From the Austrian authorities he could only expect an ignominous death for the crime of devotion to his native country in 1848-whose sad fate has called for no warmer sympathy anywhere, than among the friends of liberty in my own country. Here some nationality is necessary to every foreigner. Mr. Koszta possessed none other than that which he had acquired by his allegiance to my country, and his residence at New York of nearly two years. Thus far, he had enjoyed the protection of my government through its consulate at Smyrna and legation at this capital, without any one having either denied his right to receive it, or theirs to give it to him. The brutal conduct of the Austrian consul at Smyrna, in employing a band of assassins to seize an unoffending man, and to have him conveyed in an ignominious manner on board of a vessel-of-war of his government, excited my indignation, as it did of every person here and in Smyrnaeven of the Austrians. Once on board an Austrian brig-of-war, and loaded with fetters, he could look to no relief from his persecutors but in death; unless the representatives of the country to which he had pledged his allegiance would continue to him the aid and protection which he had enjoyed from it since his arrival in Turkey. I therefore believe, sir, that in the decision I took to save Mr. Koszta's life, if possible, I endeavored to do my duty to humanity and to my country, and that my conduct will consequently receive your approval. The peculiar position in which he was placed by his past history, the illegal form of his arrest, the violence used in his detention, the neutral soil of Turkey from on which he was seized, and his rights to my protection, such as they were, form the basis of my action. I am confident that the success of the means used by Commander Ingraham will be applauded by every one here, and tend to elevate the character of my country in this distant land, as well as to increase the usefulness of its legation, an object which I have always much at heart. I learn that it had been the design of the Austrian government to avail itself of the present embarrassed political position of the Porte to have as many of the Hungarian and Italian refugees as it could seize arrested, somewhat in the manner adopted against Koszta, and sent to Trieste in the same brig-of-war in which he had been confined; but that its ill success and public indignation excited by this first essay have arrested the whole procedure, and probably been the means of saving the lives of many other inoffensive individuals. In the view of serving the refugees at Smyrna and Constantinople, I called upon the British and French ambassadors, to invoke their benevolence in their favor. I may add that the Ottoman government does not admit that the Austrian government has the right of arresting political offenders in Turkey; nor that, by any treaty stipulations, it may arrest its own subjects by the means it used to seize upon Mr. Koszta. I have the honor to enclose No. 9, copy of my instructions to the consul of the United States at Smyrna on this subject, and hope they will merit your approbation. I have the honor to be, sir, with great respect, your obedient servant, JOHN P. BROWN. Hon. WILLIAM L. MARCY, Secretary of State of the United States. A list of documents enclosed in despatch No. 42 from John P. Brown. No. 1. J. P. Brown to consul Offley, June 27, 1853. No. 2. J. P. Brown to Commander Ingraham, June 28, 1853. No. 6. J. P. Brown to Austrian internonce, July 3, 1853. J. P. Brown to Austrian internonce, June 29. Austrian internonce to J. P. Brown, July 3, 1853. J. P. Brown to Austrian internonce, July 4. United States consul at Smyrna to J. P. Brown, June 27, 1853. Nos. 7 and 8. Commander Ingraham to the minister resident, (absent,) July 4, 1853, including his note to Austrian commander of the Hussar, of June 28, 1853; same to same, July 2, 1853; and reply of Austrian commander to Commander Ingraham, July 2, 1853. No. 9. J. P. Brown to consul Offley, July 1, 1853. John P. Brown to Ed. S. Offley, United States consul at Smyrna. 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, by the oath of allegiance which he has taken to the government of the United States, nevertheless, claims upon your friendly aid and intercession. I have addressed a letter to the Austrian internonce, in which, after expressing my opinion freely of the barbarous conduct of the consul, I interceded for Mr. Koszta's immediate release from the brig, so that he may proceed 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 at Smyrna and the commander of the "Hussar." Whilst I deplore the melancholy occurrence which resulted in the death of the young officer, 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 consulate; and though its 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, and it has also that of every one here. The impression which it will make everywhere will be most unfavorable to the Austrian government, and certainly nowhere less so than in the United States. No convention was made, as you suppose, between the government of the United States and the Porte, that the refugees should not return here; nor do I know of any between the Porte and them. I have the honor, &c., JOHN P. BROWN. to LEGATION OF THE UNITED STATES, PERA, DEAR SIR: I send you a copy of my letter to the Austrian internuncio (minister) on the subject of the detention of Martin Koszta on board the Austrian brig-of-war "Hussar," which will serve to show my views of the transaction better than I could do in a note. The public here are quite as indignant at the brutal conduct of the Austrian consul as they were in Smyrna. Mussulman, Christian, and Jew execrate the conduct of the consul, and accuse him as the cause of the bloodshed which resulted from the brutal arrest and treatment of Koszta. The Porte would have been much pleased had you taken him from the Austrian brig, and I regret that it was not done on the ground that he had renounced all allegiance to the Austrian emperor, and taken an oath of allegiance to the government of the United States. He certainly is not an Austrian subject, and he certainly can claim no other allegiance other any than to that of the United States. It is not uncompower mon for persons having received official copies of their declaration of allegiance to procure an Austrian passport stating this fact, in which all protection and satisfaction is assured them from American authorities. I believe that, under the circumstances, you have a right to persist in demanding him from the Austrian commander. The Porte would wish to leave the matter open between us and the Austrians, and if we could see the poor fellow carried off and hung, to let us take the ignominy of the transaction on our own shoulders. If I thought you would be governed by my instructions, they would be to demand him, in the most formal and positive language, of the Austrian commander, in my name, as representative of the United States; and, after having him in your possession, leave the matter to be adjusted between the two governments. In case of a refusal to deliver him, founded on the pleas that he had renounced all allegiance to Austria, and that, having taken the oath of allegiance to the United States, he has a claim upon our protection, I would take him out of the vessel. Such a course will meet with the most profound applause from this government, and from every foreign legation here, except that of Austria, and cannot but call for strong gratification on the part of our government and people at home. So abominable an act has excited here extreme abhorrence and execration; and all you have already done has elevated the character of our country and of our navy. I remain, dear sir, most truly yours, JOHN P. BROWN. Commander INGRAHAM, United States Corvette St. Louis. Be so good as to allow Mr. Offley to peruse the present. I do not doubt but that he will support you in all you do. J. P. BROWN. MY DEAR SIR: I cordially approve of the measures of Mr. Brown in taking the exile Koszta per force, and do hope you will do so. So far as my humble power goes, I will defend it. He is not an Austrian subject; he has sworn ailegiance to the United States. Sure, this is enough to demand our protection, no matter what he says. Don't let this chance slip to acquit yourself nobly and do honor to our country. The Turkish governor, as well as the Austrian consul, have been both disgraced and dismissed. The eyes of nations are upon the little "St. Louis" and her commander. For God's sake, and the sake of humanity, stand for the right. Regards and friendship of yours ever, CALEB LYON, of Lyonsdale. Note by Captain Ingraham.-I send a copy of Mr. Brown's letter for fear of any mistake. 1852.-STATE OF NEW YORK. In the Court of Common Pleas for the city and county of New York. I, Martin Koszta, do declare, on oath, that it is bona fide my intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, State or sovereignty whatever, and particularly to the emperor of Austria, of whom I am a subject. Sworn this 31st day of July, 1852. GEORGE W. RIBLET, Clerk. MARTIN KOSZTA. Clerk's office, Court of Common Pleas for the city and county of New York: I certify that the foregoing is a true copy of an original declaration of intention, remaining of record in my office. In witness whereof, I have hereunto signed my name and affixed the seal of said court, this 31st day of July, 1852. [L. s.] GEORGE W. RIBLET, Clerk. By this public instrument be it known, to all whom the same doth or may in anywise concern, that I, Joseph B. Nones, a public notary in and for the State of New York, by letters patent under the great seal of the State, duly commissioned and sworn, dwelling in the city of New York, do hereby certify that the persons named in the annexed paper appeared before me, and being duly sworn according to law, |