this determination; but finding them useless, and feeling the inutility of my further stay in Smyrna, I have returned.

I have the honor, &c.,

Hon. G. P. MARSH.

JOHN P. BROWN.

[No. 59.]

Mr. Marsh to Mr. Marcy.

[Extract.]

CONSTANTINOPLE, October 15, 1853.

SIR: In consequence of an illness which has confined me to my room for several days, and of the absence of Ali Pacha, I am not able to furnish full information on the points of inquiry suggested in Koszta's case by this mail, but hope to forward it by the next post.

I learn, however, from Mr. Brown, who had an interview with Ali Pacha a few days since, that the Pacha states that the Austrian government demanded the internement of Kossuth and certain other individuals, and the expulsion from Turkey of the other refugees, and that it was in compliance with this demand that Koszta was sent to England.

From a commentary on the Austrian civil code published in Italy, and apparently a work of authority, it would seem that the bare act of leaving the Austrian territory without the consent of the government, and without the intention of returning, involves the law of all the rights of citizenship. I have not been able to procure the text of the code, but it has been promised me, and I hope soon to be able to obtain it.

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

Hon. W. L. MARCY,

Secretary of State.

*

GEORGE P. MARSH.

Mr. Marsh to Mr. Marcy.

[No. 60.] CONSTANTINOPLE, October 20, 1853. SIR: I enclose herewith copies of a recent correspondence between myself and Mr. Offley, United States consul in Smyrna, in reference to the case of Martin Koszta, who has sailed from Smyrna for the United States.

I am willing to leave my own conduct in this affair to the judgment of my government, without further observation; nor have I any personal resentments to gratify towards Mr. Offley, much as I disapprove his untimely interference with the arrangements which had been concluded to relieve all parties from the embarrassing position in which they were placed. At the same time I cannot forbear to remark, that it is impossible for this legation to maintain a position of respectability or usefulness, if ignorant and presumptuous subordinate officials are

permitted to overrule its decisions, and defy its authority, for the sake of giving themselves a factitious importance, or of gratifying a private malice against the head or any of the officers of the legation.

I am aware that the jurisdiction of American ministers over the consuls of their nation is, in general, less extensive than that of the European legations over their consulates; but, in the present instance, there can be no doubt that the conducting of the whole affair was a matter within the proper competence of the legation, and I trust that the contumelious treatment of its officers and its authority by Mr. Offley will be visited with such reprehension as it deserves. I have the honor to be, sir, your obedient servant,

Hon. W. L. MARCY,

Secretary of State.

GEORGE P. MARSH.

CONSTANTINOPLE, October 5, 1853.

SIR: Yours of the 26th ultimo, with its enclosure, reached me only on the 1st of October, but the delay was of no importance, as it contained nothing calculated to change my views of the merits of the question, or of my own duty with respect to the matter in issue. As the head of the legation, and as a professional lawyer, I cannot consent to be governed by the opinions of Mr. Koszta on questions of the legal effect of written instructions, or of municipal or international law, and he must abide by the decision of the legation, or suffer the consequences.

You will remember that you had decided that Koszta was not entitled to protection, and that it was only upon correspondence with the then acting chargé d'affaires that Captain Ingraham interfered in his behalf. You are also aware that the Department of State has committed the charge of the matter not to you, but to the legation. The Secretary's letter to you refers only to the fact, and contains no directions in respect to the future course to be pursued towards Koszta ; whereas, as I have already informed you, I have been fully instructed by the Secretary of State on the whole subject. Under these circumstances, it seems to me so incredible that you or Koszta should have deliberately refused the respect which the opinions and the obedience to the authority of the legation demand, both upon general principles and because the government has specially committed the subject to its charge, that I have preferred to ascribe your conduct and that of Koszta, in the affair, rather to an irritation growing out of your personal relations with Mr. Brown, than to a settled purpose of attempting to overrule the decision and the instructions of the only authority responsible in the matter.

Presuming, then, that upon reflection you will be disposed to take a different course of action, I now repeat that the reservation in Mr. de Bruck's letter is no part of the agreement between him and myself; that no assent to the principle insisted on by Austria has been given by me, and that the reservation has no legal effect whatever on the rights of the Austrian government, or of Koszta.

I shall propose to Mr. de Bruck no modification of the terms already agreed upon; but I do not wish to be compelled to resort to an exercise of the authority of the legation in a way which might be attended with unpleasant consequences to you or to Koszta, and I therefore repeat the offer of sending him to America, at the expense of the legation, on the terms of my letters of the 4th of August, and of later date; and this is the last proposal this legation will make to him, or in his behalf. So far, however, as his written consent is concerned, I have already said to you that it was not intended to be communicated to the Austrian authorities, nor was it stipulated with Mr. de Bruck that any such paper should be given. It is proper he should give such assent, but I attach no importance to it; and if he supposes there is any danger in giving it, I am willing to waive it.

I now expect that he will embark by the next American vessel, and I trust that you will not assume the very serious responsibility of throwing any obstacles in the way of the execution of the agreement entered into for his liberation. I shall expect an early reply, and am,

Edward Offley, Esq.,

Consul of the United States, Smyrna.

G. P. MARSH.

UNITED STATES CONSULATE, SMYRNA,

October 17, 1853.

SIR: Referring to the despatches I had the honor of addressing you on the 14th instant, I now beg to inform you that the embarcation of Mr. Martin Koszta took place on that day (14th) at about 5 o'clock p. m.

I did all in my power to avoid the arrangements made here between Mr. John P. Brown and the Austrian consul for Koszta's embarcation, as they would have tended to show that he had been embarked as a prisoner, it having been agreed upon between them that Koszta was to have been conducted on board by two guards, one of each consulate. This I positively refused to the Austrian consul, who then agreed to send his first interpreter, and the embarcation took place in the following manner:

Captain Watson, the master of the Sultana, was on my right, and Koszta on my left; then followed the officers of this consulate, the French consul, Mr. Pichen, a number of Koszta's friends, and the Austrian interpreter. We were preceded by my cavass and those of the French consul. On our arrival at the wharf of the French hospital, a boat of the barque Sultana, with American colors, was in attendance, in which Koszta, Captain Watson, and myself, went on board. On leaving the vessel, Mr. Koszta handed me a letter, a copy of which I beg to enclose. Early on the morning of the 15th the barque Sultana sailed for Boston.

I have the honor to enclose a receipt from Captain Watson for one hundred Spanish dollars, the amount of Koszta's passage-money, according to your instructions. I have also taken upon myself to pay four Turkish gold pieces of 100 piasters each, which I gave to the cavasses or guards who attended on Koszta at the hospital, according to the cus

tom of this place, of which I hope you will approve. I will be obliged to you if you will remit me the above amounts at your early convenience, either in cash per steamer, or in an order from your bankers to their agents here.

I remain, sir, your obedient servant,

Hon. G. P. MARSH,

E. S. OFFLEY.

United States Minister Resident, Constantinople.

[Translation.]

SMYRNA, October 14, 1853.

MONSIEUR LE CONSUL: As you have informed me that the minister resident at Constantinople had assured you that the reservation did not concern, nor form part of, the agreement entered into between himself and the internuncio of Austria, and that he had not given his consent to this fatal reservation, which seems to me to protect my interests, my dignity, as well as the honor of the government that has been pleased to defend me in that case, I will embark for the United States, in order to avoid, above all, any further embarrassment to the legation and to the consulate.

But in order that it may be well proved, that by this act I never intended to acquiesce in a doubt, the effect of which would be to destroy the liberty of the individual, I make my present solemn declaration. Being free like all citizens, I intend to keep and to preserve the right of going and of coming wherever my business demands, seeing that the right of circulation is the first exercise of freedom, and this without ceasing to enjoy the protection of the noble flag under the ægis of which I have placed myself.

I beg, Monsieur le Consul, that you will bear witness to my declaration, in order that no one may attribute any other reason to my depart

ure.

I have the honor to remain, with the liveliest gratitude, Monsieur le Consul, your humble servant,

Mr. E. S. OFFLEY,

MARTIN KOSZTA.

Consul of the United States at Smyrna.

CONSTANTINOPLE, October 20, 1853.

SIR: I have received your letter of the 17th October, 1853, and have requested Messrs. Ede & Co., of this city, to forward you, through their correspondent at Smyrna, one hundred Spanish dollars, advanced by you to pay the passage of Martin Koszta to America.

As to the gratuity to the cavasses, whether proper or not, it was not a strictly necessary expenditure, and for that reason I cannot allow it as chargeable to the contingent fund of this legation; but it is possible that the government may deem it a fit item to be formed in your consular accounts.

With respect to the communication from Mr. Martin Koszta, of which you have enclosed me a copy, I have only to say, that I regret that that individual should throughout have shown himself so unworthy the interest that has been excited, and the efforts that have been made in his behalf; and still more that his folly, impertinence, and obstinacy, should have been encouraged, if not prompted by the Austrian citizens, who ought rather to have endeavored to inspire him with sentiments of decent respect and gratitude towards the authority which assumed the heavy responsibility of interfering to protect him after he had been abandoned to his fate by the American consulate at Smyrna.

The arrangements made between Mr. Brown and Mr. Weckbecker for Koszta's embarcation was altogether proper, and your refusal to carry them into effect, as well as your general course of action in the whole affair, will be duly reported to the American government, which will, I doubt not, take such notice of your conduct as it merits. I am, sir, &c., your obedient servant,

E. S. OFFLEY, Esq.,

United States Consul, Smyrna.

GEORGE P. MARSH.

[No. 62.]

Mr. Marsh to Mr. Marcy.

CONSTANTINOPLE, November 5, 1853.

SIR: I have the honor to enclose herewith a report from Mr. John P. Brown, of the result of his inquiries at the Porte in respect to the circumstances under which Martin Koszta was expelled from Turkey. The facts stated by Mr. Brown, and those communicated by me in former despatches, contain all the information I have yet been able to obtain in definite form on the subject.

I think it doubtful whether any written demand was ever made for the expulsion of the refugees from the Turkish territory, (though that supposition is by no means improbable,) but the fact that such a demand was orally made is so notorious here that no person would presume to dispute it at Constantinople.

Negotiations with the Porte are always, in a great measure, oral; and it is only in regard to the conclusion of conventions or treaties, or to matters requiring to be referred for examination to particular bureaus, that written communications are usually made.

While this question was pending I was in very frequent personal communication with Ali Pacha, then Minister of Foreign Affairs, and well remember that the demand of the expulsion of those persons by Austria was more than once mentioned between us. I must admit, that it was then generally understood at Constantinople that the refugees so expelled were not to return to Turkey, though I do not know that any written or other formal engagement to that effect was exacted of them. The expulsion was accepted by Austria as a substitute for extradition, and I have no doubt that it was understood by all parties as intended to be perpetual, or that the Porte would have felt itself at all times bound, according to the spirit of the engagement, to re-expel