each subscribed the declaration made by him, respectively, which I deem sufficient proof of the affiliated citizenship of the said and I certify the annexed description of his person to be correct. I also certify the annexed affiliation paper from the State of New York to be genuine; and the said having forever renounced all allegiance, except to the United States of America, and having conformed to the requirements of the several acts of Congress in such case made and provided, and having received his affiliation certificate, is entitled to all the benefits and protection of an affiliated citizen of the United States of America, and I hereby request all whom it may concern to permit safely and freely to pass the said and in case of need to give him all lawful aid and protection.

In testimony whereof, I have subscribed my name, and caused my national seal of office to be hereunto affixed, the 28th day of [L. S.] July, in the year of our Lord one thousand eight hundred and fifty-two, in the 77th year of the Independence of these United States.

T. B. NONES,

Notary Public of the State of New York.

UNITED STATES CONSULATE, SMYRNA,

June 30, 1853.

SIR: I had the honor to receive, this morning, your letter in answer to mine of the 24th instant, referring to the arbitrary seizure of Martin Koszta, the Hungarian refugee; and since writing my above letter, I have been informed that he was not on board of the Mississippi with Kossuth, but that he formed one of his suite at Kutahia, and left Turkey by the English steamer.

I beg to enclose herewith a copy of the declaration made by Koszta in July, 1852, in the United States, stating his intention to become a

citizen of the United States.

According to your instructions, I have again had an interview with the Austrian consul, and I used my best endeavors to effect Koszta's release, but I am sorry to state that they have been unavailing. The Austrian consul told me that he is acting under the orders of the internuncio, and that by the Trieste boat he received positive orders to send Koszta to Austria, and that he intended to send him yesterday in her. I told him that you had applied to the internuncio for Koszta's release, and that possibly by next week's boat he might receive contrary orders from Constantinople. After much opposition on the part of the Austrian consul to wait for any further instructions, he consented that Koszta should not be sent away until Saturday, when the boat from your place will come in.

I trust that your interference with the internuncio may have induced him to give contrary orders to the Austrian consul of this place, and that they will reach here by Saturday's boat.

There is a report in town that an Austrian steamer of war is coming here from Constantinople, with a commissioner from the Sublime Porte,

to take away the refugees that are in this place, many of whom are not even Austrian subjects.

On the evening of the day before yesterday, Captain Ingraham, commanding the St. Louis, received a letter stating that Koszta was to have been sent on board the Austrian steamer on the following morning, (at day-break,) that was to leave that day for Trieste, requesting his interference to hinder this act. Captain Ingraham addressed a letter to the commander of the Austrian brig, in behalf of Koszta, requesting that he should not be sent on board of the steamer until I should hear from the legation at Constantinople. The Austrian commander replied verbally that he did not know that the man was to be sent off. The next morning Captain Ingraham received a note from the captain of the brig, saying that he had nothing to do with Koszta, and that the question regarding him was in the hands of the Austrian consul general. Previous to the receipt of the note, the corvette had moved from the lower part of the bay near to the brig and mail steamer.

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

J. P. BROWN, Esq.,

E. S. OFFLEY.

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

UNITED STATES CONSULATE, SMYRNA,

June 27, 1853.

SIR: On the 23d instant I had the honor of laying before you the occurrence that lately took place in this city in regard to the Hungarian refugee, Martin Koszta, of the steps I had taken in his behalf, and of the murder of an Austrian officer by the refugees, acting under the excitement of the arrest above referred to.

His highness applied to me, on the 25th instant, through his dragoman, requesting that I should arrest Ferdinando Baschish, a Hungarian refugee, holding a passport given by your legation; and that he, and the other refugees under this protection, should be sent to the local authorities to be examined by them in regard to the murder that had been committed; the dragoman also informed me that F. Baschish is the servant of the British chaplain of this place. In compliance to the governor's request, I immediately sent Mr. Griffith to effect the arrest. as requested, and on going to the house he found the man there, who left the room to dress himself in order to go with Mr. G.; and, on the latter finding that he delayed to return, he was told that the man had disappeared, of which circumstance he informed the governor's dragoman, who replied that the man had not left the house, as he had placed policemen to guard it; and Mr. G. then authorized the dragoman to seize Baschish wherever he might be found.

I now beg you to inform me, if any refugees holding American passports should be seized by the local authorities to be put under trial for the murder of the Austrian officer, what am I to do in the case; am I to give them up to the Turkish authorities, or am I to protect them?

In an interview I had with the governor, accompanied by Captain Ingraham, I am inclined to believe that it is his opinion that the refu

gees who have no consular protection will be given up to the Austrian consul. I lay this circumstance before you, in the certainty that you will use your influence in order that this act may be hindered. Among the refugees there are many upright and good men, who have behaved in the most exemplary manner since their arrival here. There are also many who are not Austrian subjects, and who were, until lately, under the protection of the Sardinian and other consulates, but who have been abandoned, under these circumstances, when they are more in need of protection than ever.

I would take the liberty of suggesting that, in case the local authorities should put the refugees to a trial, it would be well to use your influence conjointly with the English and French ambassadors, in order that it may be carried on impartially, and in the presence of a dragoman of each of those powers, so that justice may be done them. I have the honor to be, respectfully, yours,

J. P. BROWN, Esq.,

E. S. OFFLEY.

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

[Translation.]

SMYRNA, July 2, 1853.

The undersigned, the consul general of Austria, and the consul of the United States, beg the consul general of his Majesty the emperor of the French to receive in deposite, in his prisons, the so-named Martin Koszta, (Martin Costa,) detained on board the Austrian brig-of-war "Hussar," whose nationality, and consequently the relations of protection, are being discussed between the respective embassies in Constantinople, as well as between the consulates at Smyrna.

They beg the consul general to take charge of this deposite on the following conditions:

The individual aforesaid shall be consigned, in the course of this day, and as soon as possible, to a detachment of soldiers belonging to the Austrian brig, who will conduct him to the landing of the French hospital, where he shall be delivered into the hands of the consul general of France, or of the person whom the latter may depute to receive him. The prisoner shall not be at liberty to communicate with any one outside, with the exception of the undersigned consuls; and in the hospital he shall be especially intrusted to one person, whom the consul general of France shall designate. The costs for the board and maintenance of the prisoner, which the undersigned leave entirely to the discretion of the consul general of France to determine, shall be discharged by the undersigned consul general of Austria.

It is expressly understood that the consul general of France is not to deliver up the prisoner, Martin Koszta, (Martin Costa,) except upon the requisition of both the undersigned.

E. S. OFFLEY, Consul of the United States.

VECK BECKER, Consul General of Austria.

LEGATION OF THE UNITED STATES OF AMERICA, Constantinople, June 29, 1853. MONSIEUR L'INTERNONCE: I have just received the letter which you were pleased to write me, under date of the 27th of this month, on the subject of the individual named Martin Koszta, arrested at Smyrna, on the 21st instant, by the Austrian consul.

I am readily convinced, sir, that the means adopted by the Austrian consul to effect the arrest of the said individual could not merit your approbation; and, also, I do not feel myself at all called upon to express an opinion upon the right which you mention as possessed by your government over all of its own subjects in Turkey.

I cannot, however, deny myself the honor of once more addressing your excellency for the purpose of renewing the official intercession which I have already felt it my duty to make in behalf of this person; and, so as to enable your excellency to better appreciate the basis of my request, I have the honor to hand you, enclosed, the declaration which Mr. Koszta made at New York, on the 31st of July, 1852, "renouncing his allegiance to the emperor of Austria," and taking an oath of allegiance to the government of the United States of America.

The right of expatriation and of naturalization is recognised, I believe, by the government of Austria, as well as by other governments; and it seems to me that the arrest (without here referring to the means which the Austrian consul of Smyrna used to effect it) of the said Koszta, upon the neutral soil of Turkey, after the act of allegiance made by him, will be regarded by the government of the United States as being, not only a painful violation of these same rights of naturalization, but also, in consequence of my intercession, as a want of respect and regard towards my government, of which the impression will be removed with difficulty. I would not leave your excellency ignorant of the preceding facts; but rather, by communicating them to you, relieve myself from the responsibility which the arrest of Koszta, and the consequences which may grow out of it, may have in the minds of my government and countrymen.

It was on presenting this declaration of allegiance to the consulate of the United States of America at Smyrna, and to this legation, that the said Koszta was furnished with a teskereh* to come to Constantinople, and to return to Smyrna, whence he was to start to New York. Since his arrival in Turkey he has resided under the protection of my government, and it is a pleasure to me to be able to state that his conduct has always been irreproachable. His fidelity to his native land-the only crime of which he is accused-leads him to declare himself always a Hungarian, and to state that he wishes even to meet his end as such. Your excellency will pardon me for thus renewing my intercession in his favor. I beg your excellency to be pleased to have him delivered over to the local authorities of Smyrna, to be sent again to the United States.

This act will be learned by the President of the United States, I am confident, with satisfaction, and prevent the painful and extraordinary

*Teskereh, or permit, procured by the legation and consulates from the local authorities for all American travellers in Turkey.

news of his arrest becoming again the cause of the interruption of those friendly feelings between our respective countries, which I sincerely have it at heart to reconcile and to cultivate.

Accept, &c.

His Excellency BARON DE BRUCK,

JOHN P. BROWN.

Envoy and Internonce of H. I. M. the Emperor of Austria.

[Translation.]

BUYUKDERE, July 3, 1853.

MONSIEUR LE CHARGE D'AFFAIRES: I have just this moment received advices from the consul general of Austria at Smyrna, informing me that the commander of the American sloop-of-war "St. Louis" did, on the 29th of June, assume a hostile attitude towards the Austrian brig "Hussar," placing himself alongside of that vessel, and causing his guns to be loaded. This demonstration was preceded by a letter, a copy of which is herewith enclosed, which the commander of the American vessel addressed on the 28th of June to the commander of the Austrian brig. That letter states that said American commander considers himself justified in preventing the departure of Martin Koszta, who was arrested on board the "Hussar," until an order shall have arrived from the United States legation at Constantinople, seeing that Koszta is in possession of a paper setting forth his intention to become a citizen of the United States, and that Koszta had passed some time in America.

It would be difficult to justify, by this circumstance, the proceedings above mentioned, seeing that it does not in any way prove that Koszta had ever acquired naturalization in America. Consequently it follows that he has never ceased to be a subject of Austria, and any attempt to withdraw him by forcible means from the jurisdiction of the imperial authorities, could not be considered in any other light than as an outrage against the principles of the law of nations. Having already had the honor, Monsieur le Chargé d'Affaires, of giving you every explana tion concerning Martin Koszta, in my letters of the 27th and 30th of June, I have only to beg that you will, without delay, order the captain of the sloop-of-war "St. Louis" to abstain from any further interference in this matter, and thus to put an end to an aggression which is as inexplicable as it is unlawful.

I entreat you, at the same time, to inform me, as soon as possible, of the course you may have been pleased to pursue, in view of my present action, in order that I may, in my turn, apprize the consul general of Austria, at Smyrna, in relation thereto.

Please to accept, Monsieur le Chargé d'Affaires, the assurance of my most distinguished consideration.

V. BRUCK.