agreed upon; and Mr. Brown, after a stay of near two weeks at Smyrna, returned to this city, leaving Koszta in the hands of the French consul general.

During Mr. Brown's stay at Smyrna, three American vessels sailed from that port directly for the United States, two of which would have taken Koszta as a passenger; and I had authorized Mr. Brown to pay his passage on account of the contingent fund of the legation, Mr. Offley having represented him as destitute of funds.

You will recollect, sir, that in the outset of this affair, Mr. Offley came to the conclusion that Koszta was not entitled to the protection of the consulate, and that it was only upon the correspondence with Mr. Brown, then acting as chargé d'affaires, that Captain Ingraham felt himself authorized to interfere in behalf of the prisoner. Mr. Offley ought not, therefore, to have stipulated that his release from the custody of the French consulate general should depend on the consent of the American consulate. I should have disapproved of this at the time as the assumption of an authority properly belonging to the legation; but the agreement between the consulates having been executed before it was known to the legation, it was too late to make the objection.

But however this may be, it is evident that the whole affair came within the proper authority and jurisdiction of the legation; and the consul, whatever his opinion of the expediency of the terms might be, was bound by the instructions of the minister.

The conditions agreed upon were certainly the best that could be obtained by any negotiations here, whatever might have been the result of a diplomatic correspondence between the two governments; and knowing, as I did, that it was doubtful whether the French government would allow its consulate at Smyrna to continue to protect the prisoner until the matter could be arranged between the governments of the United States and of Austria, I should have thought myself justified in accepting terms even less favorable to Koszta than those agreed upon between Mr. de Bruck and myself.

These terms had been communicated to both Mr. Offley and to Koszta; both had expressed their satisfaction with them; and the only objection now made is to the reservation, which neither can nor was intended to give to Austria any rights over Koszta which she would not have had without it.

I refrain from any observations on Mr. Offley's conduct or motives in raising unfounded difficulties, and refusing to obey the instructions of the legation; but I cannot forbear to remark, that it is of much consequence to the disposition of the legation with the Porte, and with the representatives of the Christian powers at Constantinople, that it be sustained in the exercise of its lawful authority and prerogatives. I submit, too, that, under the circumstances of the case, I was justified in making the best arrangement I could with the Austrian internunciature without waiting for instructions, which might arrive too late to save the prisoner, and that the Austrian government has a right to expect that the agreement thus entered into shall be faithfully observed.

Your instructions of the 26th of August were not received until the 26th of September, when it was too late to avail myself of them, and it would now be to no purpose to propose to Mr. de Bruck, who is

acting under special instructions, any modifications of the terms agreed upon between him and myself.

The French consul general complains of the inconvenience to which the custody of Koszta subjects him; and the French ambassador has repeatedly expressed a strong desire that the consulate general be relieved from the responsibilities and embarrassments in which it is placed by the present posture of the affair. The consul general has declared that he would protect him no longer, and I can undertake to form no opinion as to the consequences in case Koszta is discharged from custody by him.

The information asked by your unofficial letter of the 26th of August will be furnished as soon as it can be collated, which will be, I hope, in time for the next French post; and I take this occasion to acknowledge the receipt of your despatch, and to add, that upon its arrival I delivered it to Mr. Brown, in order that he might prepare a reply to Mr. Offley's complaints against him. This he omitted to do for the time, because he had, on the of May, forwarded you a full report on the subject by the hands of Mr. E. Lamb, a merchant of Boston, who was then returning to the United States. We have very recently learned that Mr. Lamb has not been heard of since the 12th of June, when he left Paris, and the report probably never reached the department. Mr. Brown will immediately prepare a copy of it, with any additional explanations that may seem required, and it will be transmitted to you without delay.

In addition to the communications referred to in the first part of this despatch, I annex, for the fuller information of the department, a copy of a note from Mr. de Bruck to myself, dated September 16, 1853, marked J; a copy of a letter from Mr. Offley, dated October 1, 1853, marked K; and copies of two communications from Mr. Brown, marked respectively L and M.

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

Hon. WILLIAM L. MARCY,

GEORGE P. MARSH.

Secretary of State.

A.

[Translation.]

BUYUKDERE, September 14, 1853.

Mr. MINISTER RESIDENT: In my letter of the 4th of last August, which I had the honor to address you in reply to your communication of the 30th of July relative to the Koszta affair, I informed you, Monsieur le Ministre, that I had been under the necessity of asking for instructions from the imperial cabinet before I could explain myself on the subject of the propositions enclosed in the communications aforesaid.

In the meanwhile direct negotiations have been set on foot between the two governments concerning the occurrences that have taken place

since the arrest of that individual at Smyrna, and which, as you are aware, have not yet been brought to a close. Nevertheless, as the imperial government does not desire to confound the individual with the cause, it has just authorized me come to an understanding with you, Monsieur le Ministre, in regard to the release and transportation of Martin Koszta to America, and to settle the arrangement relating to the same, according to the offer you had previously made me.

Consequently, Koszta will take passage at Smyrna, under the superintendence of our respective consular authorities, on board a vessel of war of the United States, or, in default of which, in one of the American merchant vessels that frequently visit said port at this season of the year, at the moment such vessel is on the point of sailing on her direct voyage to America, without touching at any of the intermediate ports, except in the case of great damage sustained, or some other marine accident; Koszta to be provided with an American passport, expressly prohibiting him from changing his route, or to leave the vessel before she reaches America. The imperial government, however, reserves itself to proceed against that individual, according to its rights, the moment he is again surprised on Ottoman territory. As this arrangement coincides with your propositions, I expect from your civility, Monsieur le Ministre, that you will have the kindness to send proper instructions to Smyrna, and communicate the same to me, in order that I may give a similar order to the consul general at that port. Accept, Monsieur le Ministre, the assurance of my distinguished consideration.

B.

DE BRUCK

THERAPIA, September 15, 1853. SIR: I have the honor to acknowledge the reception of your excellency's note of yesterday, announcing the acceptance of the proposal made by me for the release of Martin Koszta and his return to the United States, and to reply that the conditions recited in your excellency's note will be faithfully observed by the authorities of the United States.

I was mistaken in supposing that the French steamer would sail for Smyrna on Friday. To-day, being the 15th, is her day of departure. And as there will not be time to prepare the necessary instructions for our respective consulates this morning, I purpose to send a special messenger to Smyrna by the Austrian steamer of Monday next, and hope it may suit your excellency's convenience to prepare such instructions as are deemed necessary for the Austrian consulate in the mean time.

In conclusion, I take pleasure in saying that I believe my government will find in the readiness with which his imperial Majesty the Emperor of Austria has acceded to the proposed arrangements, and, I beg leave to add, in the conciliatory course pursued by your excellency in this unfortunate affair, a gratifying proof of the friendly spirit and

the moderation of the Austrian government and its authorities; and I trust the points of difference yet remaining between the two governments will be arranged in a manner entirely compatible with the dignity and honor of both.

I pray your excellency to accept the assurance of my distinguished

consideration.

His Excellency the BARON DE Bruck,

GEORGE P. MARSH.

Internuncio of his Majesty the Emperor of Austria.

C.

CONSTANTINOPLE, September 19, 1853.

SIR: You have already advised that M. Baron de Bruck had accepted my proposal for the release of Koszta, and the following extract from the internuncio's letter specifies the terms of the agreement:

"Koszta prendra passage à Smyrna sous les surveillance de nos autorités consulaires respectives à bord d'un bâtiment de guerre des Etats Unis, où, à defaut, sur un navire marchand Americain, qui visitent dans la saison actuelle frequemment le dit port, au moment où celui mettrá son voile, pour se rendre directement en Amerique, sans toucher aucun port intermédiaire, excepté le cas d'une grave avarie où d'un autre accident de mer. Koszta devra être muni d'un passeport Americain, que lui defend expressement de changer de route ou de quitter le bâtiment avant que celui-ci ne soit arrivé en Amerique.

"Le gouvernement imperial se reserve cependant de procéder contre cet individu conformément à ses droits, dés qu'il serait surpris une autre fois sur le territoire Ottoman."

You will recollect that in my despatch of August 4, I stated it to be one of the conditions of my proposal that if Koszta voluntarily landed in Turkey, American protection should be withdrawn from him.

You will now make the necessary arrangements for Koszta's embarkation and passage to the United States, in conformity with the terms of the foregoing arrangement; and you will take from Koszta a writing testifying his full and free agreement to the terms above stipulated. I send herewith a passport, to be duly vized and delivered to him at a proper time, and I renew the expression of my earnest desire, that, neither at nor before the time of his embarkation, any public demonstration or meeting of any sort in relation to this matter be allowed to take place, if it is in your power to prevent it.

In case of any doubt or difficulty in arranging the details with the Turkish authorities, the French consulate, or Mr. Weichbechen, you will consult Mr. Brown, who will deliver you this, and you will act in the whole matter under his general direction.

I remain, &c.,

E. S. OFFLEY, Esq.,

United States Consul, Smyrna.

GEORGE P. MARSH.

D.

CONSTANTINOPLE, September 19, 1853.

SIR: You are already advised that the Austrian internuncio has signified to me his acceptance of my proposal for the release of Martin Koszta, and his return to the United States. I deem it highly expedient that the arrangements for this purpose be made under the supervision of an officer of this legation, and I request, accordingly, that you will proceed to Smyrna and give Mr. Offley such aid and directions as he may need in carrying out the general instructions I have given him.

My letter to Mr. Offley, which I communicate to you herewith, contains the terms agreed upon by Mr. de Bruck and myself, and I leave the arrangements for executing them entirely to your discretion. Your expenses, of which you will keep an account, will be paid out of the contingent fund of the legation.

J. P. BROWN, Esq.,

I am, sir, &c.,

GEORGE P. MARSH.

Secretary interpreter, U. S. legation, Constantinople.

E.

THERAPIA, September 19, 1853. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of the 16th instant, and to say, in reply, that I have communicated to the American consul at Smyrna the terms agreed upon between your excellency and myself for the return of Martin Koszta to the United States, and given him general instructions to make the necessary arrangements in conformity with the terms proposed by me and accepted by the internunciature.

I have entered into no detail in my instructions further than to say, that it is my particular request that no meeting or public demonstration in occasion of this affair be allowed to take place; and I have referred the consul, in case of any difficulty in arranging the details with the Austrian consulate, or with that of France, or the Turkish authorities, (which, however, I have no reason to apprehend,) to Mr. Brown, secretary interpreter of this legation, who proceeds to Smyrna by the Austrian steamer of to-day, and whom I have authorized to act in my behalf in the matter.

The passport furnished Koszta is in the usual form, and filled follows:

up as "Martin Koszta se rendrait aux Etats Unis d'Amerique, à bord du navire Americain le qui part incessamment de Smyrne directeEt il est expressèment defendu au dit Martin Koszta de changer de route ou de quitter le bâtiment avant que celui-ci ne soit arrivé en Amerique excepté le cas de naufrage ou autre accident en mer."

ment pour le port de

I pray your excellency, &c.,

H. E. BARON DE BRUCK,

G. P. MARSH.

Internuncio of H. I. M., the Emperor of Austria.