Koszta Affair
Encyclopedia
Koszta Affair was the name applied to a diplomatic episode between the United States
and the Austrian Empire
involving the rights in foreign countries of emigrants to the United States as yet not fully naturalized.
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.
and the American chargé 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 Huszár and confined there in chains. United States officials protested in vain both to the Turkish government and to the Austrian officers. There was a rumor that the prisoner was to be transported secretly to Trieste
. So on July 2, 1853, under instructions from the American Minister at Istanbul
, Captain
Duncan 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.
, 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 Hülsemann 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. The United States Congress
passed a joint resolution of thanks to Captain Ingraham and decorated him with a medal in commemoration of his services.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and the Austrian Empire
Austrian Empire
The Austrian Empire was a modern era successor empire, which was centered on what is today's Austria and which officially lasted from 1804 to 1867. It was followed by the Empire of Austria-Hungary, whose proclamation was a diplomatic move that elevated Hungary's status within the Austrian Empire...
involving the rights in foreign countries of emigrants to the United States as yet not fully naturalized.
Background
A certain Martin Koszta, of HungarianHungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
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
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
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.
Abduction
After residing in the United States for a year and eleven months, Koszta returned to Turkey on private business, and was placed under the protection of the United States by the American consul at SmyrnaSmyrna
Smyrna was an ancient city located at a central and strategic point on the Aegean coast of Anatolia. Thanks to its advantageous port conditions, its ease of defence and its good inland connections, Smyrna rose to prominence. The ancient city is located at two sites within modern İzmir, Turkey...
and the American chargé d'affaires
Chargé d'affaires
In diplomacy, chargé d’affaires , often shortened to simply chargé, is the title of two classes of diplomatic agents who head a diplomatic mission, either on a temporary basis or when no more senior diplomat has been accredited.-Chargés d’affaires:Chargés d’affaires , who were...
ad interim at Constantinople
Istanbul
Istanbul , historically known as Byzantium and Constantinople , is the largest city of Turkey. Istanbul metropolitan province had 13.26 million people living in it as of December, 2010, which is 18% of Turkey's population and the 3rd largest metropolitan area in Europe after London and...
.
While waiting to return to the United States he was taken, by force, aboard the Austrian brig-of-war Huszár and confined there in chains. United States officials protested in vain both to the Turkish government and to the Austrian officers. There was a rumor that the prisoner was to be transported secretly to Trieste
Trieste
Trieste is a city and seaport in northeastern Italy. It is situated towards the end of a narrow strip of land lying between the Adriatic Sea and Italy's border with Slovenia, which lies almost immediately south and east of the city...
. So on July 2, 1853, under instructions from the American Minister at Istanbul
Istanbul
Istanbul , historically known as Byzantium and Constantinople , is the largest city of Turkey. Istanbul metropolitan province had 13.26 million people living in it as of December, 2010, which is 18% of Turkey's population and the 3rd largest metropolitan area in Europe after London and...
, Captain
Captain (naval)
Captain is the name most often given in English-speaking navies to the rank corresponding to command of the largest ships. The NATO rank code is OF-5, equivalent to an army full colonel....
Duncan Ingraham
Duncan Ingraham
Duncan Nathaniel Ingraham was an officer in the United States Navy who later served in the Confederate States Navy.-U.S. Navy service:...
of the United States sloop-of-war Saint Louis
USS St. Louis
USS St. Louis has been the name of more than one United States Navy ship, and may refer to:, a sloop-of-war commissioned in 1828. decommissioned in 1865, and stricken in 1907, an ironclad gunboat commissioned in 1862, later renamed Baron de Kalb, and sunk in 1863 during the American Civil War*USS St...
, 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
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
until some agreement was reached.
Diplomacy
On August 29, 1853, Baron Hülsemann, the Austrian chargé d'affaires in Washington, wrote to Secretary of State MarcyWilliam L. Marcy
William Learned Marcy was an American statesman, who served as U.S. Senator and the 11th Governor of New York, and as the U.S. Secretary of War and U.S. Secretary of State.-Early life:...
, 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 Hülsemann 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
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
— 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. The United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed a joint resolution of thanks to Captain Ingraham and decorated him with a medal in commemoration of his services.
Further reading
- Correspondence between the Secretary of State and the chargé d'affaires of Austria relative to the case of Martin Koszta (Washington, 1853)
- Rhoades, J. F., History of the United States from the Compromise of 1850 (New York, 1910)