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Koszta

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KOSZTA kt/stb) AFFAIR. In American history the name applied to a diplomatic episode, involving the rights in foreign countries of emi grants to the United States as yet not fully nat uralized. A certain Martin Koszta, of Hungarian birth, who had taken part in the political move ment 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 move ment, 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 chargi: 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 Ilusuir 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 sur rendered 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 Dtilsemann. the Austrian char0 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 inter national law. Marcy replied. September 26, 1853, in a ringing letter, known as the Hillse mann 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 in ternational law—the only 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 ex ercise of this right, in effecting the liberation of Koszta; and that Captain Ingraham's inter position for his release was, under the extraor dinary 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 Sec retary of State and the charge' d'affaircs of Aus tria rclatire to the case of Martin Koszta (Washington. 1853).