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The Koszta Affair (1853) was the name applied to a diplomatic episode between the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
and the
Austrian Empire The Austrian Empire (german: link=no, Kaiserthum Oesterreich, modern spelling , ) was a Central-Eastern European multinational great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence, ...
involving the rights in foreign countries of new Americans who were not yet fully naturalized.


Background

Martin Koszta, a man of Hungarian birth, had taken part in the political movement of 1848-49 to separate Hungary from the
Austrian Empire The Austrian Empire (german: link=no, Kaiserthum Oesterreich, modern spelling , ) was a Central-Eastern European multinational great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence, ...
. He fled to
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, then emigrated to the United States. In July 1852, he made a declaration under oath of his intention to become a citizen of the United States and, at the same time, renounced 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. He was placed under the protection of the United States by the American consul at
Smyrna Smyrna ( ; grc, Σμύρνη, Smýrnē, or , ) was a Greek city located at a strategic point on the Aegean coast of Anatolia. Due to its advantageous port conditions, its ease of defence, and its good inland connections, Smyrna rose to promi ...
and the American
chargé d'affaires A ''chargé d'affaires'' (), plural ''chargés d'affaires'', often shortened to ''chargé'' (French) and sometimes in colloquial English to ''charge-D'', is a diplomat who serves as an embassy's chief of mission in the absence of the ambassador ...
''ad interim'' at
Constantinople la, Constantinopolis ota, قسطنطينيه , alternate_name = Byzantion (earlier Greek name), Nova Roma ("New Rome"), Miklagard/Miklagarth (Old Norse), Tsargrad ( Slavic), Qustantiniya (Arabic), Basileuousa ("Queen of Cities"), Megalopolis (" ...
. While waiting to return to the United States, Koszta was captured by Austrian officers and taken by force aboard the Austrian brig-of-war ''Huszár'' and confined in chains. United States officials protested in vain to the Turkish government and the Austrian officers. Americans learned of rumors that the prisoner was to be transported secretly to
Trieste Trieste ( , ; sl, Trst ; german: Triest ) is a city and seaport in northeastern Italy. It is the capital city, and largest city, of the autonomous region of Friuli Venezia Giulia, one of two autonomous regions which are not subdivided into provi ...
. Under instructions from the American Minister at Constantinople,
Captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
Duncan Ingraham Duncan Nathaniel Ingraham (6 December 1802 – 16 October 1891) was an officer in the United States Navy who later served in the Confederate States Navy. U.S. Navy service A native of Charleston, South Carolina, Ingraham was appointed Midship ...
of the United States sloop-of-war ''Saint Louis'', which was then lying in Smyrna harbor, on July 2, 1853, threatened to open fire on the ''Huszar'' if Koszta was not surrendered to him by four o'clock. The Austrian
consul general A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
agreed to allow Koszta to be held by the consul general of
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
until some agreement with the United States could be reached.Defending Residents Abroad: The Almost Abduction of Martin Koszta in Smyrna
By Niels Eichhorn, 7 April 2020. The Journal of the Civil War Era. Accessed 10 November 2020.


Diplomacy

On August 29, 1853, Baron Hülsemann, the Austrian chargé d'affaires in Washington, wrote to Secretary of State
William L. Marcy William Learned Marcy (December 12, 1786July 4, 1857) was an American lawyer, politician, and judge who served as U.S. Senator, Governor of New York, U.S. Secretary of War and U.S. Secretary of State. In the latter office, he negotiated the Gad ...
, asking for the United States to "disavow the conduct of its agents, ... hasten to call them to a severe account, and tender to Austria a satisfaction proportionate to the outrage." He said that Koszta was not a naturalized citizen of the US and had never ceased to be a citizen of Austria. Ingraham's threat was thus in violation of international law. Marcy replied on September 26, 1853, in what is known as the Hülsemann letter. 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. His letter said;
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 (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
– 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.
The letter was published, to great enthusiasm throughout the United States. The State Department's position in relation to the status of immigrants who were not fully naturalized has been endorsed by various well-known authorities on international law. Koszta was ultimately released by Austria and allowed to return to the United States. The
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
passed a joint resolution of thanks to Captain Ingraham and decorated him with the
Congressional Gold Medal The Congressional Gold Medal is an award bestowed by the United States Congress. It is Congress's highest expression of national appreciation for distinguished achievements and contributions by individuals or institutions. The congressional pract ...
, in commemoration of his services.


References

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Further reading

* ''Correspondence between the Secretary of State and the chargé d'affaires of Austria relative to the case of Martin Koszta'' (Washington, 1853) * {{cite book , url=https://archive.org/details/martinkosztacorr00unit/page/n5 , author=United States , title=Martin Koszta--Correspondence, &c , location=Washington, D.C. , publisher= Dept. of State , year=1854 * Rhoades, J. F., ''History of the United States from the Compromise of 1850'' (New York, 1910) 1853 in the United States 1853 in the Ottoman Empire History of immigration to the United States Austria–United States relations Diplomatic incidents Kidnappings International maritime incidents Military diplomacy History of İzmir United States Navy in the 19th century