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any of the refugees who should return to the Turkish dominions after having been sent out of them by the government.

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

Hon. W. L. MARCY,

GEORGE P. MARSH.

Secretary of State.

PERA, October 25, 1853.

SIR: I have the honor to report to you, that, agreeable to your instructions, I have made inquiries on the subject of the expulsion from the Turkish empire of Mr. Martin Koszta and the other political refugees who were sent, in 1851, in one of the Sultan's steamers of war to England, whence many of them proceeded to the United States.

His excellency Ali Pacha, now not in office, and who was Minister of Foreign Affairs during the period of the Hungarian revolution, and thẹ difficulties growing out of the refuge which the Hungarians, Poles, and Italians found in the Ottoman dominions, informed me a few days since, that after Kossuth, Bathyain, and other Hungarian chiefs, were internated at Kutahia, the Ottoman government, "at the desire and with the knowledge of the Austrian government," expelled Koszta and many others from this country, by sending them, as asserted, to England. Many others who remained at Shumla after the removal of the chiefs to Kutahia were allowed freely to come to this capital, and it is not known that the Austrian government made any further demand about them. The present first dragoman of the Porte, his excellency Nouel Deu Bey, has made a similar statement to me; i. e., that Koszta, and many others of the refugees then at Kutahia, were expelled from this country at the demand of Austria, or, to use his own language, "Eloigné de la Turquie par le desir et avec la connoissance de la legation Autrichienne."

I have been unable to procure a copy of the demands made at this time by the Austrian legation, though the dragoman of the Porte believes that it possibly may be contained in some of the official communications made at the time by the Austrian legation.

I yesterday had a conversation with his excellency Rechib Pacha, now Minister of Foreign Affairs, and who, at the period referred to, was grand vizier. He could not remember whether the persons alluded to were expelled from this country or not at the demand of Austria. He gave me full permission to make inquiries at the bureau of foreign affairs, and that of the grand referendary of the Porte, (Amidgi,) for documentary evidence of the circumstances, but I found the superior members of the bureau so much occupied with the important question of the present period, that I could not induce them to have the voluminous correspondence examined.

I may add that it is a matter of public notoriety here, that the refugees in question were sent out of Turkey at the demand of the Austrian legation. The Austrian consul general, Michauwish, on the occasion of the affair of Koszta, stated to me, (what I believe to be erroneous,) that when they were expelled from Turkey, they made an engagement

never to return to it again. This statement, made as an argument against the legality of Koszta's return, (and therefore of the legality of his arrest by the Austrian consul general of Smyrna,) goes to show that this expulsion was intended by Austria as an eternal banishment and an expatriation forever, from what she considers as her jurisdiction over all Austrian subjects in the Ottoman empire. She has, consequently, herself severed the bonds which existed between her and the refugees, especially in Koszta's case.

I have the honor to be, sir, with much respect, your obedient

servant,

Hon. G. P. MARSH, &c., Therapia.

JOHN P. BROWN.

Mr. Marsh to Mr. Marcy.

[No. 65.]

CONSTANTINOPLE, December 14, 1853. SIR: I have the honor to acknowledge the receipt of your despatch No. 31, of September 27, 1853, and to report that I have fulfilled your instructions.

As I have explained in former despatches, business with the Porte is in the main transacted orally, and it is not usual to make written communications to the Ottoman government, except in matters of technical negotiation, or where a reference to some bureau is likely to be required.

For this reason I did not address a note to the department of foreign affairs, but took a convenient opportunity to communicate verbally the contents of your letter to Rechib Pacha, now at the head of that department.

The Pacha received the communication respectfully, but made no reply. I think myself authorized, however, from previous conversations with the Minister of Foreign Affairs and other eminent personages, to say that the Ottoman government does not feel aggrieved by the course pursued by Mr. Brown and Captain Ingraham; and I do not believe the Porte will be induced, by reasons of state, to express a dissatisfaction which it does not feel.

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

Hon. WILLIAM L. MARCY,

GEORGE P. MARSH.

Secretary of State.

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES,

COMMUNICATING,

In compliance with a resolution of the Senate, the correspondence between the United States consul at Smyrna and the American legation at Constantinople, and between said consul and this government, in relation to Martin Koszta.

APRIL 6, 1854.-Ordered to lie on the table, and be printed.

To the Senate of the United States:

I transmit to the Senate a report of the Secretary of State, with accompanying documents, in compliance with their resolution of the 14th ultimo.

WASHINGTON, April 5, 1854.

FRANKLIN PIERCE.

DEPARTMENT OF STATE,

Washington, April 5, 1854.

The Secretary of State, to whom has been referred the resolution of the Senate of the 14th ultimo, requesting the President "to communicate to the Senate, if not in his judgment incompatible with the public interest, copies of the correspondence between the American consul at Smyrna and the American legation at Constantinople, and also between said consul and this government, on the subject of the seizure of Martin Koszta by the Austrian authorities," has the honor to lay before the President a copy of the documents called for by the resolution, which have not before been communicated, and specified in the accompanying list.

Respectfully submitted:

To the PRESIDENT OF THE UNITED STATES.

W. L. MARCY.

List of documents accompanying the report of the Secretary of State of the 5th of April, 1854.

Mr. Offley to Mr. Marcy, July 5, 1853.
Same to same, (enclosure,) July 16, 1853.

Same to same, (extract,) No. 42, August 5, 1853.

Mr. Mann to Mr. Offley, August 6, 1853.

Mr. Marcy to same, August 13, 1853.

Same to same, August 31, 1853.

Mr. Offley to Mr. Marcy, No. 40, (enclosures,) September 17, 1853.
Same to same, No. 46, (enclosure, September 27, 1853.
Same to same, No. 47, (enclosure,) October 7, 1853.
Same to same, No. 48, (enclosures,) October 7, 1853.
Same to same, No. 49, (enclosure,) October 7, 1853.
Same to same, No. 50, (enclosure,) October 17, 1853.

Mr. Offley to Mr. Marcy.

UNITED STATES CONSULATE, SMYRNA,

July 5, 1853.

SIR: I have the honor of laying before you the following occurrence, which has lately taken place in this city:

Late in the evening of the 22d of June last, I was informed that a Hungarian refugee, with an American passport, had been forcibly arrested by a band of armed hirelings, who had been employed for this purpose by the Austrian consul of Smyrna, and they took him on board of the "Hussar," an Austrian brig-of-war lying in this port.

I immediately applied to the governor of this city, informing him of the occurrence, stating that if the refugee who had been arrested was really the holder of an American passport, I claimed him from the Turkish authorities. Some hours after, at about midnight, a person called on me and handed me a document which he stated he had taken from the trunk of the person that had been arrested. This document is a copy of a declaration made in the court of common pleas for the city and county of New York, on the 31st day of July, 1852, by Martin Koszta, an Austrian subject, wherein he declares, on oath, that it is his intention to become a citizen of the United States. Martin Koszta is one of the Hungarian refugees who were kept in "Kutahia," with Kossuth.

In February last he arrived here from Boston, and shortly after his arrival called at this consulate to show me the declaration aforementioned, stating that he intended to remain here for one or two months, and wished to know if I could, in virtue of said declaration, give him the protection of this consulate, as a "citizen of the United States," during his stay here. I told him that as he had not fulfilled the requirements of the law of naturalization, I could not consider him as an American citizen, but that I would grant him my unofficial influence in

case he might have any difficulties with the authorities, and advised him to leave this country as soon as possible, as it would be imprudent for him to stay here without the protection of some consulate.

On the 23d, the morning after his arrest, the United States corvette the "St. Louis" came in sight, and on her arrival I went on board and related the circumstances of the case to Commander D. N. Ingraham, who had already been informed of the arrest by a deputation of refugees, who had gone on board for that purpose, and who had told him that Koszta was a citizen of the United States, and that they claimed the protection of the American flag in his behalf. Under these circumstances, we considered ourselves bound to go on board the brig and see Koszta, and ask him on what grounds his friends claimed for him American protection. On our arrival, we asked the officer of the watch if the captain were on board, who replied that he had gone ashore to see the consul. We then informed the officer that we had come to see the man who had been seized the day previous, and who was confined on board the brig. He replied that no such person was there We then went to the Austrian consul and requested him to allow us to interrogate Koszta in regard to his nationality, who answered that as he had given him up to the commander of the brig, he could not interfere in the matter, and that we ought to see the commander of the brig, where Koszta had been sent after his arrest. We then told him that we had just come from on board of the brig, and that the officer of the watch had told us that the commander was at the consulate, and that no such person had been sent on board of their vessel. This contradictory statement led us to think that an understanding had taken place between the consul and commander of the brig, in order that we might not be allowed to see Koszta. However, we firmly insisted on seeing him, and after many objections the Austrian consul agreed to send for the commander of the brig, and asked him if he were willing to allow us to go on board and see Koszta, to which the commander acceded, and we went on board with him and the consul. We found Koszta in chains, guarded by two men, and he appeared confused by the ill treatment of the previous day. We interrogated him on what grounds his friends claimed for him American protection, and if he had an American passport; he replied that he had not any, and that he had nothing but the declaration already mentioned, which he had shown me on his arrival in this city, upon which I left the brig with Commander Ingraham, without our having expressed any opinion on the matter.

On the 24th I addressed a letter to the United States legation at Constantinople, reporting the illegal act committed by the Austrian consul, in order that it might take such steps as it should deem proper for the release of said Koszta.

On the evening of the 28th a letter was sent on board the "St. Louis," informing Commander Ingraham that Koszta was to be sent next morning, at daylight, on board the Austrian steamer that was to leave that day for Trieste, begging his interference in order that this might be hindered. On receipt of this letter, Commander Ingraham addressed a note to the commander of the brig, acquainting him of the foregoing, and that as he expected to hear from the United States min

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