ister at Constantinople in regard to Koszta's case, he earnestly protested against Koszta being sent away from this port before then. The commander of the brig informed Commander Ingraham, in reply, that he was altogether dependent on the Austrian consul respecting Koszta. On the 29th, at daybreak, the St. Louis got under way, and anchored ahead of the Austrian brig. On the same day I received a letter from the legation, under date 27th June, in answer to mine of the 24th, requesting me to continue my officious aid and intercession in behalf of M. Koszta, informing me that the legation had applied to the Austrian minister for his immediate release. On receipt of this letter, I went on board the St. Louis and communicated its contents to Commander Ingraham. During my interview with him as to the means to be adopted in behalf of Koszta, one of the officers of the corvette entered the cabin and told the commander that the Austrians were loading their guns. Commander Ingraham then gave orders to load the guns of the St. Louis. Commander Ingraham and I decided that I should go to the Austrian consul and endeavor to effect the release of Koszta, or that he should at least be kept here until we should hear further from the legation of the result of its letter to the Austrian minister. I therefore called on the Austrian consul, and my efforts for his release having proved unavailing, I then requested that he should be kept here until further instructions from Constantinople. He at first told me that he could not comply with my wishes, having received orders to send Koszta by the steamer that was to leave on that day for Trieste. Under these circumstances, I suggested the propriety of his keeping Koszta here at least for eight days, but he refused to grant my desire, and it was only after much opposition on his part that I was enabled to obtain a promise that he should not be sent away before Saturday, the 2d instant.

The steamer that came in on he 2d instant, from Constantinople, brought me a letter from the legation, under date of the 30th ultimo, which was handed me by one of its officers, who was sent here by the legation for that purpose, wherein Mr. J. P. Brown, chargé d'affaires, intimates that Koszta might be released on the grounds that he had renounced all allegiance to Austria, and taken an oath of allegiance to the United States, and that Commander Ingraham and I should have another interview with Koszta; "and on any remark from him, calling for your protection, take him." On receipt of this letter, I immediately went on board of the St. Louis to inform Commander Ingraham of its contents, and to deliver a letter that Mr. Brown had enclosed to the commander's address, under date 28th ultimo, requesting him to allow me to peruse it, wherein Mr. Brown says: "If I thought you would be governed by my instructions, they would be to demand him (Koszta) in the most formal and positive language of the Austrian commander, in my name, as representative of the United States ;" and adds, "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." After a short consultation with Commander Ingraham, we agreed that he should go on board, and see if Koszta called

for American protection. On his return, he informed me that when on board the brig he had demanded Koszta's release, and had given the Austrian commander three hours' delay for effecting it—(till 11 o'clock a. m.)

As I considered this delay not sufficient to take the necessary steps under the circumstances, I suggested to Commander Ingraham the propriety of extending it till 4 p. m., trusting that I might be enabled to come to some satisfactory understanding with the Austrian consul, so as to avoid the effusion of blood, and all the other consequences that might have ensued from an attempt to obtain Koszta's release by force. Commander Ingraham consented to my suggestions, and wrote a letter to the commander of the Austrian brig, demanding Koszta's release by 4 o'clock p. m. I took a copy of Commander Ingraham's letter and went to the Austrian consul, with whom I used all my efforts, so that Commander Ingraham's demand should be complied with; but after a very long debate, the Austrian consul positively refused to release Koszta. I then explained to him fully the consequences that would no doubt result from his refusal, upon which he proposed that Koszta should be kept here on board of the brig "for a week, a month, or even a year," until the question should be settled by the United States legation and the Austrian embassy at Constantinople. I took advantage of this opening to enter into negotiations, and after many difficulties I succeeded in making a convention with the Austrian consul, subject to Commander Ingraham's approval, whereby it is stipulated that Koszta is to be delivered to the French consul of this place, who is not to give him up until a collective demand is made by us to that effect.

Commander Ingraham having approved of the conditions therein stipulated, Martin Koszta was landed on the afternoon of the same day. The excitement caused in town, among the European population and the natives, was very great. He was landed amidst the acclamations of an immense concourse of people, who went to see the man who had been rescued from Austrian barbarity, and cheers of "Vive l'Independence des Etats Unis d'Amerique, and her gallant commander who had saved the intended victim from the blood-thirsty Austrians," were long repeated by all present.

The governor of this place, "Ali Pacha," sent his dragoman to express the satisfaction he had felt on Koszta's release.

No measures of interference were taken by the local authorities in this matter, and the other authorities felt highly pleased at the happy result.

The firmness with which Commander Ingraham acted, under the circumstances, has greatly elevated the character of our country and its navy, especially as the Austrian force here was greatly superior to ours, as, besides the Austrian brig, there was a schooner of war and three Lloyd steamers, two of which were mounted with four guns each, and the third with eight, that had been sent on board from the brig the same morning.

I have the honor to enclose copies of the documents referring to this matter, and to transmit a despatch to the address of your excellency, with its enclosures, sent me by the United States legation at Constan

tinople, which Mr. Brown authorized me to peruse and forward by first mail.

With great respect and consideration, I remain, sir, your most obedi

ent servant,

Hon. WILLIAM L. MARCY,

Secretary of State, Washington:

E. S. OFFLEY.

List of the documents enclosed.

No. 1. Martin Koszta's declaration to become a citizen of the United States.

No. 2. Commander Ingraham's letter, 28th June, to the commander of the Austrian brig.

No. 3. Mr. Brown's letter to Commander Ingraham, 28th June. No. 4. Commander Ingraham's letter to the commander of the Austrian brig, 2d July..

No. 5. Answer of the commander of the Austrian brig to the latter. No. 6. Convention between the Austrian and the United States consuls.

Mr. Offley to Mr. Marcy.

UNITED STATES CONSULATE, SMYRNA,

July 16, 1853.

SIR: I have the honor to enclose herewith a duplicate of my despatch under date of the 5th present month, and of the documents therein mentioned, relative to Martin Koszta, a Hungarian refugee, who had been illegally arrested by the orders of the Austrian consul of this place, and sent on board of a brig-of-war of that nation, to be conducted to Trieste, as well as of his having been given up to the French consul, in virtue of a convention passed between the Austrian consul and myself, until the matter of Koszta's nationality and rights should be settled by the United States legation and the Austrian embassy at Constantinople.

Koszta continues to be detained in the French military hospital of this place, where every attention is paid to him.

I will take the liberty of quoting a paragraph of a letter of Mr. J. P. Brown, our late chargé d'affaires at Constantinople, which he addressed me under date 16th instant: "The Porte is much gratified with our success in the matter. It blames the Austrians, and says that it could not support itself at the present moment as it ought, and could have done at another time. The whole affair has done our national character much credit, and I am much gratified with the manner in which you took up and sustained the position I saw proper to assume."

Trusting, sir, that you will approve of my conduct under the circumstances, I have the honor to be, sir, very respectfully, your obedient E. S. OFFLEY.

servant,

On the 16th July last, I had the honor of transmitting to you duplicate of my despatch dated the 5th of same month, and of the documents therein mentioned, relative to Martin Koszta, a Hungarian refugee, who had been forcibly arrested by order of the Austrian consulate at this place, and taken on board of the "Hussar," an Austrian brig-of-war, and afterwards, in accordance to an agreement passed between this and the Austrian consulate, was transferred to the French naval hospital, until his nationality and rights should be settled by the United States legation and the Austrian embassy at Constantinople. Since Koszta's transfer to the hospital, the Austrian authorities have made use of every possible intrigue to induce him to escape from there. This has been several times proposed to him by persons whom I have every reason to believe are Austrian emissaries, offering to conceal him in their houses, whose object, doubtless, was to have him arrested on leaving the hospital, by the Austrian spies, who are constantly hovering about the building, and restore him again to the Austrians; but Koszta was timely put on his guard by me against all such intrigues on their part.

I have been informed that, since the revolution of 1848, the emperor of Austria had granted a general amnesty to all his subjects who had taken up arms against the government, inviting those who had taken refuge in foreign countries to return to Austria in the space of six months; and that those who should fail to return in that space of time would lose the right of Austrian protection, and that he would no longer consider them as Austrian subjects.

I have endeavored to get a copy of this decree, thinking it might be useful in Koszta's case. The persons to whom I have applied for it remember that an ordinance to this effect had been issued by the emperor of Austria, but I have not succeeded in getting it.

I have the honor to be, sir, with great consideration, your obedient E. S. OFFLEY.

servant,

Hon. Wм. L. MARCY,

Secretray of State, Washington.

Mr. Mann to Mr. Offley.

DEPARTMENT OF STATE,

Washington, August 6, 1853. SIR: The department learned, about ten days since, through the public prints, that a person, said to be in possession of a passport as an American citizen, was recently seized in the city of Smyrna, and conveyed on board an Austrian vessel then lying in the harbor.

In the same manner it has since understood that this gentleman has been placed, at the request of yourself and the Austrian consul, in charge of the French consul at Smyrna. Other details have been given, to which it is needless now to refer. The department has been waiting with much interest, from day to day, to receive from you the official account of these important transactions, but, as yet, nothing has come to hand, although it is well known that private parties in New York have received letters since the date of these occurrences both from Smyrna and Constantinople.

It is to be presumed that you could not have been so negligent in regard to your official duties, as to omit altogether transmitting information of them to the department. Should it appear, however, that there was any delay on your part in writing to the department, or in embracing the first opportunity of sending despatches, the fact will be at once reported to the President. You will in future take care also to send a duplicate of your several communications by different conveyI am, sir, &c.,

ances.

A. DUDLEY MANN,

Acting Secretary of State.

E. S. OFFLEY, Esq.,

United States Consul, Smyrna.

Mr. Marcy to Mr. Offley.

DEPARTMENT OF STATE,

Washington, August 13, 1853.

SIR: Your interesting despatch, under date of July 5, marked duplicate, has been received, and the important questions to which it gives rise are now under grave consideration.

I am, sir, &c.,

W. L. MARCY.

E. S. OFFLEY, Esq.,

United States Consul, Smyrna.