Volume: V Pages: 209-210

During the term of Franklin Pierce while in office as President, March 4, 1853 to March 4, 1857.

"Martin Koszta, a Hungarian by birth, came to this country in 1850, and declared his intention in due form of law to become a citizen of the United States. After remaining here nearly two years he visited Turkey. While at Smyrna he was forcibly seized, taken on board an Austrian brig of war then lying in the harbor of that place, and there confined in irons, with the avowed design to take him into the dominions of Austria.

Our consul at Smyrna and legation at Constantinople interposed for his release, but their efforts were ineffectual. While thus in prison Commander Ingraham, with the United States ship of war, St. Louis, arrived at Smyrna, and after inquiring into the circumstances of the case came to the conclusion that Koszta was entitled to the protection of this Government, and took energetic and prompt measures for his release.

Under an arrangement between the agents of the United States and of Austria, he was transferred to the custody of the French consul-general at Smyrna, there to remain until he should be disposed of by the mutual agreement of the consuls of the respective Governments at that place. Pursuant to that agreement, he has been released, and is now in the United States. The Emperor of Austria has made the conduct of our officers who took part in this transaction a subject of grave complaint.

 Regarding Koszta as still his subject, and claiming a right to seize him within the limits of the Turkish Empire, he has demanded of this Government its consent to the surrender of the prisoner, a disavowal of the acts of its agents, and satisfaction for the alleged outrage. After a careful consideration of the case I came to the conclusion that Koszta was seized without legal authority at Smyrna; that he was wrongfully detained on board of the Austrian brig of war; that at the time of his seizure he was clothed with the nationality of the United States, and that the acts of our officers, under the circumstances of the case, were justifiable, and their conduct has been fully approved by me, and a compliance with the several demands of the Emperor of Austria has been declined:

For a more full account of this transaction and my views in regard to it I refer to the correspondence between the charge d' affaires of Austria and the Secretary of State, which is herewith transmitted. The principles and policy therein maintained on the part of the United States will, whenever a proper occasion occurs, be applied and enforced."

Koszta Affair (Another Source)

In American history the name applied to a diplomatic episode, involving the rights in foreign countries of emigrants to the United States as yet not fully naturalized. A certain Martin Koszta, of Hungarian birth, who had taken part in the political movement of 1848-49 for detaching Hungary from the dominion of the Emperor of Austria, and who had fled to Turkey upon the failure of that movement, emigrated to the United States after a short detention in Turkey, and in July, 1852, made a declaration under oath of his intention to become a citizen of the United States, at the same time renouncing all allegiance to any foreign power. After a residence of a year and eleven months he returned to Turkey on private business, and was placed under the protection of the United States by the American consul at Smyrna and the American charge d'affaires ad interim at Constantinople.

While waiting to return to the United States he was taken, by force, aboard the Austrian brig-of-war Huszar and confined there in chains. The American officials protested in vain both to the Turkish Government and to the Austrian officers, and finally on July 2, 1853, Captain Ingraham of the United States sloop-of-war Saint Louis, then lying in Smyrna harbor, threatened to open fire if Koszta was not surrendered to him by four o'clock. The Austrian consul-general then agreed that Koszta should be held by the consul-general of France until some agreement was reached. On August 29, 1853, Baron Hulsemann, the Austrian charge d'affaires at Washington, wrote to Secretary of State Marcy, asking that the United States "disavow the conduct of its agents....hasten to call them to a severe account, and tender to Austria a satisfaction proportionate to the outrage," basing his request on the ground that Koszta had never ceased to be a citizen of Austria, and that Ingraham's threat was in violation of international law.

Marcy replied, September 26, 1853, in a ringing letter, known as the Hulsemann letter, in which he defended the position of the United States throughout, on the ground that Koszta had ceased to be a citizen of Austria even by the law of Austria, "that Koszta when seized and imprisoned was invested with the nationality of the United States, and they had therefore the right, if they chose to exercise it, to extend their protection to him; that from international law....the only law which can be rightfully appealed to for rules in this case. Austria could derive no authority to obstruct or interfere with the United States in the exercise of this right, in effecting the liberation of Koszta; and that Captain Ingraham's interposition for his release was, under the extraordinary circumstances of the case, right and proper." This letter was received with great enthusiasm throughout the United States, and the stand taken by Marcy with reference to the status of Immigrants not fully naturalized has been indorsed by various well-known authorities on international law. Koszta was ultimately released and allowed to return to the United States. CONSULT: Correspondence between the Secretary of State and the charge d'affaires of Austria relative to the case of Martin Koszta (Washington, 1853).

Volume: XI Pages: 600-601