nate events which almost inevitably resulted from that much-to-beregretted, and it is hoped unauthorized, act of lawless violence. Believing, then, that the seizure and detention of Koszta were wholly illegal and unwarrantable, and that he is entitled to American protection, I cannot consent to his surrender to the Austrian consulate; and I hope your excellency will accede to the proposal I now make for relieving the consulate general of France, as well as the internunciature and this legation, from further responsibility and embarrassment in relation to this subject. There is at present no American vessel-of-war in the Levant about to return to the United States; and I cannot, therefore, offer to commit Koszta to the charge of a public officer for conveyance to America; but at this season of the year there are frequent opportunities of communication between Smyrna and American ports by American merchant vessels. These vessels usually proceed directly to their destination without touching at any intermediate port, and by one of them Koszta might readily be conveyed at once to the United States. I propose, then, that he be permitted to avail himself of the first opportunity which shall offer of embarking on board an American ship, direct for an American port, with the understanding that he shall not, unless compelled by shipwreck or other inevitable accident, land at any Turkish or European port, or be furnished by the American legation or consulate in Turkey with a passport for any place out of the territory of the United States. I pray your excellency to accept the assurance of my distinguished consideration. His Excellency BARON DE BRUCK. GEORGE P. MARSH. [Translation.] BUYUKDERE, August 4, 1853. SIR: In acknowledging the receipt of the note you were pleased to address me, under date of July 30, in relation to the case of Martin Koszta, I regret to inform you, sir, that I can neither accept your proposal nor recognise the soundness of the principles on which it is founded. I must, consequently, refer the matter to the decision of our respective governments. Receive, sir, the assurance of my distinguished consideration. Mr. MARSH, Minister Resident of the United States of America. Translation of protest of the Porte against the seizure of Koszta. The Hungarian refugee, Martin Koszta, being only a political refugee, his highness (Ali Pacha) gave the strongest promises to have him arrested and sent out of the Ottoman empire; and it is hoped that your excellency will acknowledge that the conduct of the Austrian consulate, which, without giving any notice whatever of the same to the local authority of Smyrna, had him seized and conveyed on board an Austrian vessel-of-war, was certainly not a very regular proceeding. Consequently, after his excellency Chekib Effendi, who has been sent by the command of his imperial Majesty to investigate this matter, arrives at Smyrna, he will ascertain the truth of the proceeding, and the Sublime Porte will be compelled to demand of the justice of the imperial Austrian government, reparation for the conduct of the said consul general. [No. 54.] Mr. Marsh to Mr. Marcy. CONSTANTINOPLE, September 13, 1853. SIR: Ali Pacha, late grand vizier of the Ottoman empire, has drawn my attention to the treaty of Belgrade between Turkey and Austria, some of the provisions of which were relied upon by the latter power in the negotiations of 1849-'50, relative to the extradition of the Hungarian refugees. It will be seen that those provisions, (articles 18 and 19 of the treaty,) of which I enclose a copy, lend no countenance to the claim of the right of seizure set up by the Austrian government; and I am informed that the Porte does not consider the words translated, " as embracing refugees accused of offences of a proper political character, but interprets them as referring to persons guilty of lawless acts of defiance of their own government, committed for merely private ends. The case of the refugees of 1849 seems to have been nearly identical with that of Michael Gaski provided for in the 19th section, and in conformity with the principle adopted in that case, Rormble and his companions were assigned a residence "remote from the frontier pro vinces." I have the honor to be, most respectfully, your obedient servant, GEORGE P. MARSH. Hon. W. L. MARCY, Secretary of State. [Translation.] Copy of the 18th and 19th articles of the treaty of Belgrade between the Ottoman Porte and the Emperor of Austria. ART. 18. It shall be prohibited henceforth to give asylum and shelter to evil persons, to rebellious subjects, and to malcontents; but each of the contracting parties shall be obliged to punish these kind of people, as well as all thieves and brigands, even though they should be the subjects of the other party, if it surprises them within the territory of its jurisdiction. That, if such people cannot be seized, they shall be pointed out to the captains and to the governors of the places where they lie concealed, and orders shall be given to them to punish the same; that if said officers neglect to punish these kind of malefactors, they shall incur the indignation of their emperor; they shall be deprived of their employment, or they shall be punished for the guilty. And in order that there may be greater security against the insolence of these wicked persons, it shall not be permitted to either of the contracting parties to maintain what are called haydones, a species of robbers, who, not being in the pay of any one, exist by plunder. These kind of people, as well as all those who shall give them food, shall be punished, and although they may promise to amend, they shall not be trusted; they shall be removed from the borders and transferred to more distant places. ART. 19. And lest the safety of the frontier and the tranquillity of the people might be subjected to some attacks, the places which the Ottoman Porte shall designate for the residence of Michel Gaski, and other Hungarians, who have withdrawn themselves from their allegiance to the Emperor of the Romans, (sic in original,) and who, during the war, have sought an asylum with the Turks, shall be removed from the frontier provinces. It shall, however, be permitted to their wives to join them and to remain with them. [No. 55.] Mr. Marsh to Mr. Marcy. CONSTANTINOPLE, September 14, 1853. SIR: I have the honor to report to you that I have just had an interview with the Austrian internuncio, and that he informed me that his government had authorized him to accept my proposal for the release of Koszta, and his return to the United States, upon the condition stated in my despatch (No. 48) of August 4, 1853. M. de Bruck promised to make me a written communication on the subject to-morrow, but I shall not probably receive it in time to accompany this despatch with a copy of it. I learn that there are now in Smyrna several American vessels about to sail for ports in the United States, and I trust, that in arranging the details with Mr. de Bruck, no difficulty will arise of a nature to prevent the embarkation of Koszta by one of them. I suppose Koszta is possessed of some funds; but if he proves to be destitute, I hope the instructions I gave Mr. Offley to pay his passage, and draw on me for the amount, on account of the contingent fund of this legation, will not be disapproved by the government. I deem it due to Mr. de Bruck, to say that he has throughout manifested a conciliatory disposition in this affair, and that I have no doubt he advised his government to accept the arrangement proposed by me. I have the honor to be your obedient servant, Hon. W. L. MARCY, Secretary of State. GEORGE P. MARSH. Mr. Brown to Mr. Marcy. SMYRNA, September 23, 1853. SIR: I have the honor to report to you that I came to this place on the 21st instant, under instructions from the minister resident, to superintend the execution of the convention made by him with the internonce of Austria, at Constantinople, for the departure of Mr. Martin Koszta for the United States, in an American merchant vessel, leaving directly for one of their ports. You are aware that the Austrian consul general at this place consented to the disembarkation of Mr. Koszta from the Austrian brig-ofwar "Hussar," on the condition stipulated with the United States consul, that he should be confined in the prison of the French consulate at the expense of the Austrian consul, and that, consequently, the captain of the "Hussar" had him conveyed on shore in irons, for the purpose of thus being placed in the French prison. The humanity of the French consul preserved him against a convention of so rigorous a character, and he was therefore only placed in the hospital of his consulate, freed from fetters or other dishonorable restraint. I believe I need not state the conditions of the convention for his final release and departure for the United States, recently made between the minister resident and the Austrian internonce, as the same will doubtlessly have been already fully communicated to you by the former. The charge confided to me has not been sought for by me, yet it is to me a very agreeable duty. I supposed on my arrival that it would have been carried into effect without any delay, and that I should have returned to the capital in the course of a few days. In this expectation, however, I have been disappointed, and I would now respectfully apprize the department of the cause of the non-execution of the convention made by my superior, as follows: In the agreement stipulated between the United States and the Austrian consul, the French consul consented not to release Mr. Koszta except on the joint demand of the two former consuls. From motives of which I am unable to perceive either the wisdom or utility, and which I leave him to justify to the department, the consul of the United States has refused to give his signature to the demand for Mr. Koszta's release, and thus opposed the execution of the arrangement made by the minister for his relief. I have communicated the circumstance to the minister, and await his further instructions. The French consul is desirous of being relieved, as early as practicable, from the charge of Mr. Koszta, and he, as well as the public here and in Constantinople, will feel gratified when he is actually on board of an American vessel sailing direct to the United States. His case has, and still excites, no ordinary interest here, and his freedom will be learned by every one with warm commendations in favor of the government which has saved his life. I have the honor to be, sir, with great respect, your obedient serJOHN P. BROWN. vant, Hon. WILLIAM L. MARCY, Secretary of State of the United States. Mr. Marsh to Mr. Marcy. CONSTANTINOPLE, October 3, 1853. SIR: I regret to state that the arrangement I had made with the Austrian internuncio, for the release of Martin Koszta and his return to the United States, has heen defeated by the refusal of Mr. Offley, American consul at Smyrna, to consent to his release, and of Koszta to accept it, upon the terms agreed upon. The terms proposed by me have been already communicated to you, and I annex hereto a copy of Mr. de Bruck's letter of acceptance of those terms, marked A. You will observe that Mr. de Bruck states that he is authorized to "regulate the arrangements relative to the prisoner's release according to the offer made by me," and that, in a subsequent part of his note, he adds: "The imperial government, however, reserves to itself to proceed against this person, according to its rights, in case he should be found in the Ottoman territory." I did not consider this reservation as a part of the agreement, or as having any other force than simply as a notice that, by consenting to the release of the person, Austria did not intend to be considered as surrendering the principle, or as waiving her legal rights, whatever those might prove to be, in case Koszta again came within what she claimed as her jurisdiction; nor, indeed, could I expect that, in a correspondence with this legation, anything beyond the simple release of the individual would be conceded. I therefore replied to Mr. de Bruck, that the conditions stipulated would be adhered to by the American authorities, and I annex hereto a copy of my reply, marked B. On the 19th of September I addressed Mr. Offley a letter of instructions, a copy of which is annexed and marked C; and I instructed Mr. John P. Brown, secretary and interpreter of this legation, to proceed to Smyrna, in order that, in case any difficulty should occur in carrying out the arrangements for Koszta's embarkation, a person upon whose discretion and fidelity I could rely might be at hand to aid in behalf of the legation. I annex a copy of my instructions to Mr. Brown, marked D, and of a note addressed by me to Mr. de Bruck, dated September 19, 1853, and marked E. On the 25th of December I received from Mr. Offley a letter, a copy of which is annexed, and marked F. To this letter I replied by a note, a copy of which is annexed, and marked G; and on the 29th of September I received another letter from Mr. Offley, copies of which and its enclosure are also annexed, and marked respectively H and I. In pursuance of my instructions, Mr. Brown repaired to Smyrna, and did his utmost to persuade Mr. Offley, as well as Koszta, to consent to the terms proposed by me and accepted by Mr. de Bruck, but in vain; upon information of which, I obtained from the French ambassador an order to the consul general of France, at Smyrna, to make all necessary arrangements directly with Mr. Brown. Mr. Brown accordingly commenced a negotiation with the French consul general for that purpose; but Koszta, acting, as I have reason to believe, solely upon the advice of Mr. Offley, peremptorily refused to embark upon the conditions |