K.

UNITED STATES CONSULATE, SMYRNA,
October 1, 1853.

SIR: I had the honor to receive, on the 30th ultimo, your despatch under date of September 26, and I now beg to enclose a copy of a despatch that I have just received from the honorable Secretary of State, dated the 31st August, on the subject of Koszta, which comes in support of the remarks contained in my letter of the 23d instant, relative to the terms of the agreement between yourself and Baron de Bruck for Koszta's removal from the French hospital.

I regret that I did not receive by to-day's boat an acknowledgment of my despatch of the 26th instant, wherein I transmitted you a copy of a letter from Mr. Koszta, in which he states his reasons for refusing to give his consent to the terms of the above agreement, and wherein he requests me to submit it to the United States government for its approbation, which I have done, especially as I hoped you would have consented to this delay, which, in my opinion, he has the right to expect.

I shall take the liberty to remark, that after the perusal of the above despatch from the Secretary of State, the legation cannot refuse to Koszta its further aid and countenance, and that the threats of Mr. J. P. Brown to Mr. Koszta, "that the protection of the United States shall be withdrawn from him, and that the French consul will kick him out of the French hospital, should he continue to refuse to leave for the United States on the terms mentioned in the agreement," could not be put into practice without an infraction on the rights of men.

Mr. Koszta begs me to inform you that he continues to keep good his engagement towards you, for leaving Smyrna on the terms mentioned in your letter of the 4th of August last, which did not contain the proviso of the Austrian government, relative to the reserve it makes of its right to proceed against him whenever he is again found on the Ottoman territory, which I trust you will be able to obtain.

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

E. S. OFFLEY.

L.

SMYRNA, September, 23, 1853. SIR: In compliance with your instructions, I have come down to this place, and the day before yesterday (the 21st) having learned that an American bark, the "Mimosa," would probably leave that same day, I proceeded, at an early hour after my arrival, to call upon the United States consul, and deliver him your letter of instructions for him, with which you charged me on the subject of the departure of M. Koszta for the United States.

Mr. Offley, during my interview with him, objected to the execution of your instructions until he could hear from the United States. He disapproved of a part of the letter of the Austrian minister to you, (embraced in yours to the consul,) in which it is stated that in case Mr.

Koszta "should return to this country, the Austrian government would proceed against him according to its rights." I told him that I differed from him in his view of this reservation, and urged him to carry out your instructions without any unnecessary delay. He informed me that the "Mimosa" could not take him, and that he had already proposed it to the captain and been refused. During his interview he showed me a despatch from the Department of State, dated the 30th of August, acknowledging the receipt of the duplicate of his "interesting communication" of the 5th of July, and adding that its contents were under "grave consideration." He spoke to me of another despatch received by him of an earlier date, reproaching him for not having addressed the department on the subject of the affair at Smyrna. He also said that he had received, in private, information from Washington, stating that the affair had received the President's approval. Beyond this, I did not learn from him that he had received any further information or instructions from Washington respecting the wishes of the President. He appeared, however, to expect soon to hear from the government himself. Mr. Offley told me that the "Race Horse" would sail on the 24th for Boston, and I hoped he would decide to take the proper measures for carrying your convention into execution. He asked me what I thought he should do to execute your instructions, and I told him that he should address a letter to the Austrian consul expressive of his readiness to effect the arrangement entered into between yourself and the Austrian minister, and on receiving a proper reply, to engage a passage for Koszta in the "Race Horse."

any over

I explained to Mr. Offley that I was not aware that in your arrangement with the Austrian minister, you had admitted any rights over Koszta, nor that the minister had admitted your possession of him; that these points would be elucidated in the discussion which, doubtless, was now being made between the American and Austrian governments; that if the latter proves unable to make good its "rights" over him, which, of course, was our expectation, it would possess none hereafter over him; so that the paragraph in question would be well, should Mr. Koszta at any future period ever return to Turkey.

Mr. Offley did not communicate with me again on the subject until this morning, when he called to see me at the hotel where I am staying. He brought with him a letter dated yesterday, and I was much surprised and pained to learn from him that he would not consent to the removal of Koszta from the French hospital agreeable to your instructions. I again urged him to be governed by your views, but without success, he saying that he felt the honor of his country was in his hands, and he would not consent.

As, by the agreement entered into between Mr. Offley and the Austrian consul general of Smyrna, Koszta could not be released from the French consul's charge except on the joint demand of both these consuls, I do not deem it proper to take any steps myself for carrying out your agreement with the internuncio, until I can hear further from you. I do not know that the French consul could, under the circumstances, deviate from his engagement, without an order to that effect from his own ambassador. I had thought of returning at once to Constantinople, but have concluded it best to wait here your further orders. The

"Race Horse" will not sail, I believe, before next Wednesday, and I may in the mean time hear from you.

The Austrian consul general-so Mr. Offley has informed me-sent twice to him yesterday, to offer to carry out the agreement made by you. Mr. Offley has also been to see Koszta, and tells me that he will not give the paper desired by you, expressive of his consent and approval of your convention, and of his willingness to proceed to the United States; I cannot, however, say that he has actually refused to give one.

I feel that the objections made by Mr. Offley, if persisted in, will greatly embarrass you with the Austrian minister. To be thus thwarted by him, in a matter of so delicate a nature, will place the legation in an unpleasant light. I do not see any utility to grow out of it; for supposing that the two governments discuss the question of Koszta's nationality, and their respective (supposed) rights over him for a year to come, and this without either convincing the other that it has no "rights" over Koszta, it seems to me that it would, in the mean time, be much better for him and the French consul, as well as for public opinion, that he should thus have been given up to us and put on board an American vessel, with an American passport. I can scarcely believe the President will send a ship-of-war expressly to take him by force from the French consul's charge. The arrangement which Mr. Offley himself made with the Austrian consul general here, when Koszta was put on shore from the Austrian brig-of-war, struck us as sustaining no right whatever on the American side. It sent him to the French prison, where he was to be confined at the expense of the Austrian consul general. And, moreover, I cannot forget that Mr. Offley, when he originally wrote to me from this place about Koszta, wholly abandoned him as one not having any rights to the protection of our government, and that it was only on my own decision and instructions that he acted upon my demand for his release. I may add, also, that on my instructions Commander Ingraham effected Koszta's freedom from the Austrian brig. Now, however, it is the legation (according to Mr. Offley) that has not a proper sense of the honor of our government and country, but both exist wholly with him.

Mr. Offley did not come to see me yesterday, and I believe, from his own statement, he called to see Koszta. I have no reason whatever to believe that he used any argument to induce Koszta to be governed by your convention in his behalf. His own pretension leads him to wish to do something in the matter which would place the legation in an unfavorable light. He does not hesitate to ask the legation for instructions whenever a responsibility must be taken, but shows very little consideration for it when it expects his co-operation or conformance to its views. He appears to recognise in it no superior authority to his own; and will not, I apprehend, be ever prevailed upon to carry out the convention made by you.

I have the honor to enclose his reply to me, and remain, &c.,
JOHN P. BROWN.

Hon. G. P. MARSH,

Constantinople.

M.

CONSTANTINOPLE, October 3, 1853.

SIR: I have the honor to report to you that finding it impossible to execute or carry into force the convention made between you and the internuncio, for the immediate release of Koszta from the French consul's charge, and his departure for the United States in an American vessel, I have returned here this morning from Smyrna.

Referring you to my previous report on this subject of the 23d ultimo, and to the opposition which I found at Smyrna on the part of the United States consul, Mr. Offley, to your convention, and the positive refusal of Koszta to avail himself of the facility offered him for leaving the French hospital in which he is still confined, locked up, and under the charge of a guard to prevent his escape, I would here only add that I have returned to Pera so as to be able to give you full explanations on the same.

On learning from Mr. Offley that he personally objected to your convention, and would not give his signature for the release of Koszta from the hospital, I visited the French consul and explained to him that the delay was not due to me, nor to the legation. The French consul expressed himself very desirous of being relieved as early as practicable from the charge of Koszta, and said that he would allow him to depart at once, on my signature, should he be so instructed by his ambassador. He remarked that, though he comprehended Mr. Offley's objec tions to the convention, yet that he could not consider him right in assuming a position of opposition to a matter wholly of a diplomatic nature, which did not concern him, and for which he could not be held responsible.

After receiving your instructions of the 26th ultimo, in which you informed me that, should Mr. Offley still refuse his signature for Koszta's release from the charge of the French consul, my own could substitute it, and that instructions to this effect had been sent to the French and Austrian consuls at Smyrna by their respective embassies, I enclosed your letter to Mr. Offley in one from myself, begging him to let me know his intentions. Not showing in his reply any willingness to give his signature for his release, I addressed a letter at once to the Austrian consul general, offering to proceed without further delay to execute your convention. In place of allowing me to call upon him, the Austrian consul came immediately to see me at the hotel, and we agreed upon a joint demand on the French consul for Koszta, after which he would be escorted on board the first American vessel departing for the United States by a guard from either consulate.

I next went to see the French consul and communicated the arrangement to him. I called also to see Koszta in the hospital, to inform him of what we proposed doing. He appeared much pleased to see me, but informed me that he objected to the clause in which the Austrian government reserved its "rights" over him in case of his return to Turkey hereafter. Seeing that he had received an erroneous impression of the clause in question, I explained to him its true meaning; that it was simply an assertion that whilst the Austrian government acceded to your proposal for his immediate release, on condition that he

would proceed to the United States, it did not make any admission thereby that it had no right to him; that the rights of both governments were the subject of discussion between the two governments, and that whilst this discussion was being carried on (and it might be protracted for many months) there was no reason why he should continue to incommode the French consul with detaining him. I added, also, that no one could foresee the result of this discussion, which might end less favorably to him than the conditions of the convention already made by you. I need not add more than that Koszta ended by the assertion that he would neither believe my explanations nor accept of the convention. In place of giving me a paper of acceptance of your agreement in his behalf, I suggested to him to please himself, and address you a protest against the "reservation of rights" made by Austria; but this he also refused, on the ground that as he had made no such protest heretofore, he should not do so now. Finding my efforts unavailing, I gave him until noon of the following day for reflection; I told him that the French consul would not permit him to continue in his hospital, and, should he refuse to go on board the American vessel, would most probably require him to leave it immediately; that you had received full instructions in his case, and would make no modifications of your convention; but that, in case he refused to avail himself of it, refuse him any further aid or countenance.

I subsequently sent a friend of Koszta to see and urge him to cease his opposition to your convention; and this person visited him twice on my part-at first without success, but on the second interview he returned and informed me that Koszta agreed to go to the United States, but wished me to give him the previous statements in writing, which I offered to do.

I now called again on the French consul, and after stating what had occurred, expressed my desire to make an arrangement with him by which Koszta could be put on board the vessel without my remaining for that purpose any longer in Smyrna. The consul begged me, however, not to leave until he was gone; for, he said, he apprehended further trouble on the part of the American consul. He told me that he believed Mr. Offley had heretofore not been very popular among Americans in Smyrna, and would evidently endeavor to make a character for himself out of the present affair. During our interview, Mr. Offley came in and showed me a despatch from the department of the 31st of August, approving of his conduct (Captain Ingraham's) and the course pursued by the legation, in which Koszta is spoken of as an "American citizen." Having learned that Koszta was to be released on my signature, he became greatly excited and exchanged some very angry remarks with the consul.

After this I called to see Koszta to give him the written statement which he had desired from me, and learned with surprise and regret that he would not leave except on compulsion, which he said he had been informed, by his friend, I told him the French consul was disposed to use for the purpose of putting him on board the vessel. I again used every argument and assurance in my power to induce him to change