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Caiistitutimmlist K JUjiulilir. .3 '•?_ JAMBS OA?.S:T3P.. OFFICE ON McINTOSH-STRKET THIRD DOOR FROM THR NORTH-WEST CORNER OF BROAD-STREET. TERMS: * Dailypaper (if paid in advance) ....per annum *8 00 Tri-Weekly (if'paid in advance!.... .VannumV.’s 00 Meekly (if paid in advance) 2 00 Tae Koszta Case. Mr. Marty to Mr. Huhcmann. Department of State,) Washington, Sept. 26, 1853. ( The President has carefully considered the note of Mr. Hulsemann, Charge d’Affaires of his Majesty the Emperor of Austria, ot the 29th ultimo, addressed to this Department, and the other documents relative to the much regretted occurrences at Smyrna in June and July last, with a view to ascertain the nature of the com plaints therein preferred against the American officers engaged in that affair, and tor the purpose of giving such satisfaction as Austria might ba entitled to receive in case he should find that these officers had not duly respected her rights. Though differing very much from the views presented by Mr. Hulsemann on behalf his Go vernment, the President still indulges the hope that the exposition o! the principal reasons on which his own conclusions are lounded will in duce his Majesty’s Government to look at the transaction in a different light from that in which it is presented by that Government. It i- the duty of the undersigned to present these reckons to Mr. Hulsemann, and he will fail in his intention if, in performing this duty, he does not evince a friendly spirit, and avoid, so far as it can be done without impairing the full strength of the case, the introduction of to pics to w'hicb either Mr. Hulsemann or his Go vernment can take exception. To bring out conspicuously the questions to be passed upon, it seems to the undersigned that the tacts should be more fully and clearly stated than they are in Mr. Huiseman's note. Martin Koszta, by birth a Hungarian, and of course an Austrian subject at that time, took an open and active part in the political movement of 1848-’49, designed to detach Hungary from the dominion ot the Emperor of Austria. At the close of that disastrous revolutionary move ment, Koszta, with many others engaged in the same cause, fled from the Austrian dominions and took reluge in Turkey. The extradition of these fugitives, Koszta among them, was de manded and pressed with great vigor by Austria but firmly resisted by the Turkish Government. They were, however, confined at Kutahia, but at length released, with the understanding or by express agreement with Austria, that they should leave Turkey and go into foreign parts. Most of them, it is believed, before they obtained their release, indicated the United States as the country of their exile. It is alleged that Koszta left Turkey in company with Kossuth—this is believed to be a mistake, and that he engaged never to return—this is regarded as doubtful. To this sentence of banishment, for such is the true character of their expulsion from Turkey, Austria gave her consent: in truth, it was the result of her efforts to procure their extradilion, and was accepted by her as a substitute for it. She had agents or commissioners at Kutahia to attend their embarkation, and to her the legal consequences of this act are the same as if it had been done directly by herself, and not by the agency of the Ottoman Porte. Koszta came to the United States and selected this country for his future home. On the 31st of July, 1852, he made a declara tion, under oath, before a proper tribunal, of his intention to become a citizen of the United States, and renounce all allegiance to any other State or sovereign. After remaining here one year and eleven months, he returned, on account, as is alleged, of private business of a temporary character, to Turkey, in an American vessel, claimed the rights of a naturalized American citizen, and of fered to place himsell under the piotection of the United States Consul at Smyrna. The Consul at first hesitated to recognize and receive him as such ; but afterwards, and some time be fore his seizure, he and the American Chafge d’Affaires ad interim at Constantinople dkf ex tend protection lo him, aud turnishe<riiim w ith a tezkereh —a kind ol passport or letter ot safe conduct usually given by toreign consuls in Tur key to persons to whom they e tend protection, as by Turkish laws they have a right to do. It is impoitant to observe that there is no excep tion taken to his conduct after his return to Turkey, and that Austria has not alleged that he was there for any political object, or for any other purpose than the transaction of private bu siness. While waiting, as is alleged, tor an op portunity to return to the United States, he w'as seized by a band of lawless men, Ireely, perhaps harshly, cnaracterized in the despa:ches as ‘’ruf fians,” “Greek hirelings,” “robbers,” who had not, nor did they pretend to have, any color of authority emanating fiom Turkey or Austria, treated with violence and cruelty, and thrown into the sea. Immediately thereafter he was taken up by a boats crew, lying in wait for him, belonging to the Austrian brig-ot-war Huszar. forced on board of that vessel, and there confined in irons It is now avowed, as it w»as then sus pected, that these desperadoes were instigated to this outrage by the Austrian Consul General at Smyrna, out it is not pretended that he acted under the civil authority of Turkey, but. on the contrary, it is admitted that on application to the Turkish Governor at Smyrna that magis trate refused to grant the Austrian Consul any authority to arrest Koszta. The Consul of the United States at Smyrna, as soon as he heard of the seizure ot Koszta, and the Charge d’Affaires of the United States ad interim at Constantinople, afterwards interce ded with the Turkish authorities, with the Aus trian Consul General at Smyrna, and the com mander of the Austrian brig-of-war lor his re lease, on the ground of his American nationality. To support this claim Koszta’s original certificate of having made, under oath, in a court of New York, a declaration of intention to become an American citizen was produced at Smyrna, and an imperfect copy of it placed in the hands of the Imperial Austrian Internuncio at Constanti nople. The application to these officers at Smyrna for his liberation, as well as that of Mr. Brown, our Charge d’Affaires, to Baron de Bruck, the Austrian Minister at Constantinople, was fruitless, and it became notorious at Smyrna that there was a settled design on the part of the Austrian officials to convey him clandestinely to Trieste, a city within the dominion of the Emperor of Austria. Opportunely the United States sloon-of-war, the St. Louis, under the command of Capt. Ingraham arrived in the har bor ol Smyrna before this design was executed. The commander of the St. Louis, from the re presentation of the case made to him, felt it to be his duty, as it unquestionably was, to inquire into the validity of Koszta’s claim to American protection. He proceeded with deliberation and prudence, and discovered what he considered just grounds for inquiring into Koszta claim to be discharged on account of his American nation ality. During the pendency of this inquiry he received notice of the design to take Koszta clandestinely, belore the question at issue was settled, into the dominions of the Emperor of Austria. As there was no other evidence of bad faith besides the discovered design of evading the inquiry, Capt. Ingraham demanded his re lease, and intimated that he should resort to force if the demand was not complied with by a certain hour. Fortunately, however, no force was used. An arrangement was made by which the prisoner was delivered to the custody of the French Consul General, to be kept by him until the United States and Austria should agree as to the manner ot disposing of him. This foil statement ot the facts is deemed im portant, as it will correct some errors and aid in presenting with more distinctness the questions to be discussed. The undersigned will now proceed to present the views of the President upon this transaction, and his reply to these several demands. His Imperial Majesty demands that the Gov ernment ot the United States shall direct Koszta to be delivered to him; that it shall disavow the conduct of the American agents in this affair, call them to a severe account, and tender satis faction proportionate to the outrage. In order to arrive at just conclusions it is ne cessary to ascertain and clearly define Koszta’s political relation with Austria and with the U. Stages when he was seized at Smyrna. This is the first rv>int which naturally presents itself for consideration, ani perhaps the most important one in its Hearings upon the merits ot the case. There is great diversity and much confusion of opinion as to the nature and obligations of giiegiance. By some it is field to ue MU miles - ( political tie, and, though resulting from ! ! ”" re of birth, yet forever binding I • j 1 j ef t to the sovereign; by others it is con- ’ - eu a political connexion in the nature of a civi contract, dissoluble by* mutual consent, but not so at the option of either party. The sounder and more prevalent doctrine, however, is, that the citizen or subject, having faithfully perform ed the past and present duties resulting from his relation to the sovereign Power, may at any time release himsell from the obligation of alle -1 giance, freely quit the land of his birth or adop tion, seek through all countries a home, and se lect any where that which offers him the fairest prospect of happiness for himself and his pos terity. When the sovereign power, wheresoev er it may be placed, does not answer the ends for wl ich it is bestowed, when it is not exerted tor the general welfare of the people, or has be come oppressive to individuals, this right to withdraw rests on as firm a basis and is similar in principle to the rignt which legitimates re sistance to tyranny. The conflicting laws on the subject of alle giance are of a municipal character, and have no controlling operation beyond the territorial limits of the countries enacting them. All uncertain ty as well as confusion on this subject is avoided by giving due consideration to the fact that the parties to the question now under consideration are two independent nations, and that neither has the right to appeal to its own municipal laws lor the rules to settle the matter in dispute, which occurred within the jurisdiction of a third*inde pendent Power. Neither Austrian decrees nor American laws can be properly invoked for aid or direction in this case, but international law furnishes the rules tor a correct decision, and by the light from this source shed upon the transaction at Smyrna are its true features to be discerned. Koszta being beyond the jurisdiction of Aus tria, her laws were entirely inoperative in his case, unless the Sultan of Turkey has consented to give them vigor within his dominions by treaty stipulations. The law ot nations has rules of its own on the subject of allegiance, and dis regard generally all restrictions imposed upon it by municipal codes. This is rendered most evident by the proceed ings of independent States in relation to extra dition. No State can demand from any other, as a matter ot right, the surrender of a native born or naturalized citizen or subject, an emi grant, or even a fugitive from justice, unless the demand is authorized by express treaty stipula tion. International law allows no such claim, though comity may sometimes yield what right withholds. To surrender political offenders (and in this class Austiia places Koszta) is not a duty; but, on the contrary, compliance with such a demand woulJ be considered a dishonorable sub serviency to a foreign Power, and an act merit ing the reprolation of mankind. As rendering needless ail further argument on this point, the undersigned will recall to Mr. Hulsemann’s re collection what took place in 1849 and 1850 in relation to the reclamation ot Polish relugees in Turkey by Russia, and of Hungarian refugees (of whom Koszta was one) by Austria. This demand was made in concert, as it were, by two powerful sovereigns while their triumphant armies, which had just put an end to the revo lutionary movements in Hungary, stood upon the borders of Turkey, with power to erase her name from the list of nations. She might well apprehend for herself, as the nations of Western Europe apprahended for her, that a refusal in her critical condition would put in jeopardy her ex istence as an independent Power; but she did refuse, and the civilized world justified and com mended the act. Both Austria and Russia plac ed their respective demands on higher grounds than a right of extradition under the law of na tions ; they attempted to strengthen their claim by founding it upon the obligations of existing treaties—the same, undoubtedly, that are now urged upon the consideration of the United States. Russia and Austria, however, both sub mitted to the refusal, and never presumed to im pute to Turkey the act of refusal as a breach ot her duty or a violation of their rights. To show that the very same claims to rights now set up in this case w>ere overruled and re pudiated in 1849 and 1850, the undersigned will refer to the cotemporaneous views of eminent statesmen in regard to the conduct of the Sulran in refusing to surrender, on the demand of Austra and Russia, the Hungarian and Polish relugees who were claimed by these Powers as rebels and traitors. Sir Stratford Canning , the British Ambassa dor at Constantinople, entirely approved ot the Sultan’s course on that occasion; indeed, he ad vised it. In a letter to his Government, dated the 3d ol September, 1849, he says : ‘ On grounds of humanity, not unmixed with considerations as affecting the Porte’s character and future poli cy, 1 have not hesitated to advise a decided re sistance to the demand of extradition.” From anoth>- r letter ol this Ambassador, dated the 17th oi December, commenting on and commending ; the courageous firmness of the Sultan in refusing i the demand of these powerlul Emperors lor the surrender of these fugitives, on the same pretence I as now' set up by one of them to justily the sei f zure of Koszra, this extract is taken : . "Allow me to add, rny lord, that in proportion as I adaiue the courageous firmness with which , the Sultan and his Government have deterrnin , ed to make this stand in the cause of humanity . and ol the lights ot honor and dignity, against a | demand alike objectionable in substance and in form, 1 feel a deepening anxiety for the result of > their resistance, anil lor the degree ol support ; which her Majesty’s Government and that of France may find themselves at liberty to afford, i not only in the first instance, but in still graver i circumstances, should the present partial rupture unfortunately assume a more serious and mena cing character.” In these views the French Minister resident at Constantinople fully concuried, and so did the British and French Governments: and both were prepared to espouse the cause of Turkey if her humane and honorable course in relusing these unwarrantable demands had provoked the re sentment and brought down upon her the hos tilities of these mighty potentates. The opinions of other distinguished men approving of the de cision ol the Emperor of Turkey in refusing to surrender the Polish and Hungarian refugees, both on the ground of humanity and right, have fallen under the notice of the undersigned, but he has forborne to quote them on account of the unworthy motive ascribed therein to the Pow ers making the demand, and the harsh epithets by which their conduct is characterized, i , I*. * s an incident 0 f great significance, and bearing authoritatively upon some of the most ; important questions now' raised, that the case of Koszta (for he was one of the Hungarian refu gees then demanded) was fully discussed in 1849 not only by the parties, but throughout Europe’ and decided against tha right of Austria to re quire his extradition, either under the law of na tions or by existing treaty stipulations. This! decision deeply interested not only rulers and statemen, hut the great body of the people of every country. They investigated its merits, I admitted its justice, and commended the firmness ! and humanity of the Sultan for his course. It is to be regretted that this claim for the surrender of Koszta and his companions, so fully considered then and so signally overruled, should be again revived by Austria under circumstances which make the United States a reluctant party ; in the controversy. The claim has been repu diated by the general judgment ot Europe, and this Government is unable to discover any suffi cient reason for dissenting fiom that decision. Austria appears to have been aware that her right to seize Koszta could not be sustained by international law, and she has attempted to de rive it from certain treaties, or “ ancient capitu lations by treaty and usage.” The very slight and inexplicit manner in which this authority * is adverted to in Mr. Hulsemann’s note apparent- I ly indicates, if not a want of confidence in it, \ at least a desire not to have it scrutinized. Ifj there really was such an authority, and it was j o! such an extraordinary character as it is as sumed to be, it would have constituted, as Aus- j tna must have clearly seen, the main strength ! of her case, and she would not have referred to ! it in such manner as to leave the very existence ! of it open to doubt or question. The paragraph referring to it is the following : “As there can be no doubt, therefore, con- ! cerning the question of nationality, the Consul General ot the Emperor at Smyrna was without doubt perfectly justified when, in virtue of those treaties which subject Austrian subjects in Tur key to consular jurisdiction, he seized the person of Koszta within ihe pale of his jurisdiction.” If there be such treaties conferring such a pow er, with such extraoidinary means of enforcing it, strange indeed it is that more prominence is not given to the fact in Mr. Hulsemann’s com munication. Why are the dates of these trea- j ties withheld ? What is still more important, why is not the language conveying this authori- ! ty quoted ? The undersigned is constrained, for i reasons he will briefly assign, to question the ; « accuracy of the interpretation which derives the right claimed in the above paragraph from any existing treaty between Austria and the Ottoman Porte. The Austrian Internuncio at Constantinople, ' in a conference with Mr. Marsh, the American Minister Resident, spoke of a rignt as derived from “ ancient capitulations by treaty and usage.” | It is not shown or alleged that new treaty stipu lations since 1849 have been entered into by Turkey and Austria. The u ancient capitula tions' were relied on to support the demand in ! that year for the surrender of the Hungarian re* | they were scrutinized, and no such au- j thority as is now claimed was found in them The French and English Ministers at Constan tinople, w'ho advised ar.d sustained the Saltan in resisting the demand of Austria for their extra- | dition, would not have given such advice if they could have found in existing treaties any authori ty for that demand, or any obligation on the part of the Sultan to yield to it. Lord Palmer ston, then her Britannic Majesty’s Principal Secretary of State for Foreign Affairs, carefully examined these treaties, and expressed his con clusions thereon in a letter to Sir Stratford Can ning, dated 24th of September, 1849. In this letter, which contained an extract from one of these treaties—that of Belgrade—and referred to the claims of Austria founded on them for the surrender of these refugees, he says : “ The ut most that could be demanded would be that they [the refugees] should not be allowed to reside permanently in the Turkish empire.” Coming down to a latter period—to the very transaction at Smyrna—abundant reasons are found for denying that Turkey was then under any treaty obligation to deliver Koszta to Aus tria, or that her Consul General had authority to seize him. On this subject it is allowable to re sort to the declarations of the public men of the Porte as evidence in regard to an issue of this kind. Their explicit denial may be fairly con sidered as equivalent to Austria’s affirmation without proof, where proof, if it existed, could be so easily adduced. In a despatch to this Government of the 4th of August, 1853, Mr. Marsh, the American Min ister Residdent at Constantinople, says: l * I have had several conversations on this subject with the Minitser of Foreign Affairs and with Aaii Pacha, Governor of Smyrna, at ‘he time the affair took place. These distinguished persons are very far from expressing any dissa tisfaction with the course pursued by us. They sustain the view the legation has taken of the legal character of the question, and Aalia Pacha informs me th .t a few years since the Austrian Government refu a ed to surrender to the Porte, Turkish rebels who had fled into Austria, on the very ground now taken by the Porte—name ly that the treaties did not provide for the ex tradition of political offenders.” Mr. Brown, the Charge d’Affaires ad interim of the United States at Constantinople, writes that in an interview with Chehil-Effindi, also a Turkish officer of high rank and great experi ence, in which the affair at Smyrna was dis cussed, he observed that “ the Austrian Govern ment does not posses the power by treaty to ar rest any one on Ottoman soil for political of fences.” There is now, however, something more decisive from Turkey than the opinion of her public men in opposition to this treaty-claim of Austria. The Government of the Porte has pronounced a judgement in relation to the seizure of Koszta, which Austria herself is bound to respect. It has protested against the conduct of the Austrian agents in that affair as un lawful and a violation of its sovereignty; but not one word of complaint, not a murmur of dissatisfaction from Turkey against the conduct of the functionaries of the Uaited States at Smyrna has yet reached this Government. This is certainly an anomalous case Austria arraigns the United States for violating the rights of Tur key in the Koszta affair; Turkey, the offended party, exonerates the United States, and protests against Austria our accuser, for the very same offence. These considerations have led the undersign ed, as he believes they will lead all others who duly reflect on them, to the confident conclusion j that there exist no treaties between Austria and i Turkey wouln could justify or in any way countenance the seizure or imprisonment of Koszta by the Austrian functionaries. But if Austria really has such authority by treaties as she now claims, it confessedly extends only to "Austrain subjects.’’ It couldjnot,there fore, be applied to Koszta unless he was such a subject at the time he was seized. If the ques tion of his nationality is to be settled by inter national law, the only code which furnishes the rules by which this question is to be determined, there is no good re .son for adjudging h«m to have been, when seized at Smyrna, an Austrian subject. But settle this question, as Austria j would have it settled, by an appeal to her own civil code, the result will be the same. By the consent and procurement of the Empe ror of Austria, Koszta beep sent into perpet ual banishment. The Emperor was a party to the expulsion of the Hungarian refugees from Turkey. The sovereign by such an act deprives his subjects to whom it is applied of all their rights under his Government. He places them where he cannot, if he would, afford them pro : tection. By such an act he releases the subjects thus banished from the bond of allegiance. Any | other result would make the political connexion ! between the subject and the sovereign a state of unmitigated vassalage, in which all the duties and no rights would be on one side, and all the righ‘s and no duties would be on the other.— Koszta must be regarded as having been banish ed by Austria; for he was one of the Hungarian j refugees whom she procured to be expelled from Turkey in 1851. They were released from con finement at Kutahia on condition of submitting to perpetual banishment, and she had two per sons present at their departure “ who claimed and obtained there an active share in the ar rangements.” Koszta could never thereafter be rightfully demanded as an Austrian subject. The proposition that Koszta at Smyrna was not an “ Austrian subject” can be sustained on another ground. By a decree of the Emperor of j Austria of the 24th of March, 1832, Austrian j subjects leaving the dominions of the Emperor ; without permission of the magistrate and a re lease of Austrian citizenship, and with an iriten j tion never to return, become “ unlawful emi grantsf and lose all their civil an polical r ghts | at home.— Amer. Tit. Emigration, 3 Kent’s Com., 50, 51 ) Koszta had left Austria without permission, and with the obvious and avowed intention nev er to return : he was, therefore, within the strict meaning of the imperial decree, “an unlawful emigrant.” He had incurred and paid the pen alty of that offence by the loss of all his civil and political rights. If he had property, it had es cheated, and he was reduced to a state worse than absolute alienage; for aliens have, by right, | the benefit of the civil laws for protection in j whatever country they may be. Stripped by this imperial decree of civil and political rights, Koszta had, in Austria, no redress for personal I wrongs, and abroad he had no claim to protec , tion from the Government that would still hold j him as a subject. He was, in regard to Austria, an outlaw’. What right can a sovereign have to j fche allegiance of a person reduced by him to such a miserable condition ? It seems to have been the very object of the Austrian decree to dissolve I the previous political connexion between the unlawful emigrant” and the Emperor. In Koszta’s case it was dissolved. Some importance seems to be attached to Kos ta s own opinion of his citizenship. The note of Mr.. Hulsemann conveys the impression, though it does not contain the express averment, that he acknowledged himself to be a subject of the Emperor of Austria. The passage, when closely examined, shows that the alleged ac knowledgment is only an inference from undis | closed premises. The language of the note on : this subject is the following: “The very decla ration of that refugee on board of the Huszar, in | the presence of the American Consul and the commander of the St. Louis, shows that he still considered himself as a subject of the Emperor.” The declaration referred to in support of this in ference is not given, but it is undoubtedly the response Koszta is reported to have made when interrogated as to his being an American citizen: “I am a Hungarian, and will live and die a Hun garian.” Mr. Brown,the Charge d’Affaires ad interim of the United States at Constantinople, who was not at|Smyrna at any time during the transaction in relation to Koszta, stated in a let ter to Baron de Bruck something like the fore going dealaration; but Capt. Ingraham, who was present, as Mr. Hulsemann states, when Koszta was examined and made the declaration imputed to him, says, in writing to the Minister Resi < ent of the United States : “I am astonished to 1 see by Mr. Brown’s letter that Koszta declared I himself on our first interview a Hungarian. I did not hear him say so.” It may well be doub- i ted whether Koszta ever used any such lan- 1 guage. Should it, however, be admitted that he did make that or a similar declaration, it cannot 1 be fairly understood to imply au acknowledg ment that he was then a subject of the Emperor of Austria. To apprehend rightly what he rneant by such a declaration it is proper to con sider his situation, his known sentiments, and his antecedents. In his mind rio two things could probably be more distinct from each other i than Austria and Hungary. One was an object of his aversion—the other an object of his love. His affections clustered around the land of his birth, and were the more intense because he l thought that country had been cruelly wronged, ] and he knew it was unfortunate. In his visions j ot the future he saw a happier destiny for Hun gary. He saw her standing proudly among the independent nations of the earth, under a cle ment Government emanating from the will of I the people, and dedicating its constitutional au thority to their general welfare. In the fallen condition of Hungary he thought it base to dis own her, and glorious to claim her for the land of his birth. His situation when this declara tion is supposed to have been made is also to be regarded in interpreting his words. He was in the hands of Austrian agents, loaded with fet ters, arid warned of his own doom by the know ledge of the sad fate of so manyof his unfortunate companions, In this lorlorn condition he could not have intended, by the language ascribed to him, to acknowledge any unbroken tie which then bound him to the Emperor of Austria. The undersigned is brought, by a fair applica tion of sound principlssof law, and by a careful consideration of the facts, to this important con clusion—that those who acted in behalf of Aus tria had no right whatever to seize and imprison Martin Koszta. It will be conceded that the civil authority of Turkey during the whole period of the occur rences at Smyrna was dormant, and in no W’ay called into action. Under these ciicumstances —Austria without any authority, Turkey exer cising none, and the American functionaries, as Austria asserts, having no right in behalf of their Government to interfere in the affair, (a proposition which will be hereafter contested) —what, then, was the condition of the parties at the commencement ol the outrage and through its whole progress ? They were all, in this view of the case, without the immediate pres ence and controlling direction of civil or inter national law in regard to the treatment of Kosz ta. The Greek hirelings, Koszta their victim, and the Austria and American agents were.upon this supposition, all in the same condition at Smyrna in respect to rights and duties, so far as regards that transaction, as they would have been in if it had occurred in their presence in some unappropriated region lying far beyend the confines of any sovereign State whatever ; they were the liege subjects of the law of nature, moral agents, bound each and all alike to ob serve the preceipts of that law, and especially that which is confirmed by divine sanction, and enjoins upon all men every where, when not acting under legal restraints, to do unto others whatsoever they would that others should do unto them ; they were bound to do no wrong, and to the extent of their means to prevent wrong from being done ; to protect the weak from being oppressed by the strong, and to re lieve the distressed. In the case supposed. Koszta was seized without any rightful authoii ty. He was suffering grievous wrong ; any one that could might relieve him. To do so was a duty imposed under the peculiar circumstances of the case by the laws of humanity. Capt. Ingraham, in doing what he did for the release of Koszta, would, in this view of the oase, be fully justified upon this principle. Who, in such a case, caH tailly take offence? Who have a right to complain ? Not the wrong-doers, sure ly, for they can appeal to no law to justify their conduct. They can derive no support from civil authority, for there was none called into action ; ior from the law of nature, for that they have violated. To place the justification of the American agents still further beyond controversy, the un dersigned will now proceed to show that Koszta, when he was seized and imprisoned at Smyrna, had the national character of an American, and the Government of the United States had the right to extend its protection over hirn . The genuineness ot the certificate which he produced when he claimed protection as an American citizen has been questioned in con sequence ot the imperfect copy given by Mr. Brown to the Austrian Internuncio ; but that which he produced to the American Consul at Smyrna and to Captain Ingraham, to the com m»i*der of the Austrian brig Huszar and to the Austrian Consul-General was genuine. A cor rect copy of it has been sent to this Department, and verified by a comparison with the record ot the court in fNiew York in which Koszta made iis declaration in due to mos law’. To remove all doubt on this subject a certified copy of that record is annex-d to this communication. [to be concluded tomorrow ] Statistics of Fever. We publish from the Advertiser the Sexton’s Report for the pre ious month. ItshoAs only four more than the interments of the month of September of last year, and this, notwithstand ing our increased population. A portion of these were stangers, and but tew adult citizens. This city, it is well known, is on a great thoroughfare from ’ outh to North during the season, and is, in the Spring and Fall, the stopping place for manv invalids in their progress from different sections. Many die here at the Hotels from di verse chronic complaints, and the Sexton’s list ot interments at all seasons evidences many cases of this nature, and is no test of the health or mortality ot this locality. There have been, since the middle ot July, many cases of yellow fever of persons from Mobile and New Oileans —some of which died, and some of which re covered and passed on their way convalescent. About the middle of August, several cases, re ported yellow fever, occurred among a body of unacclimated men who had been engaged for the previous month in ditching and laying gas pipes, &c.—working throughout the day in the hot sun. 3. wo or three ot these died of severe fever, but as no cases occurred for the next two weeks, no excitement existed on the subject. Within the last few days, several cases of fever have oc curred, and a panic has been got up, and there has been a general stampede in consequence. Our streets are now as much deserted as in the cholera and small pox eras. This we consider unfortunate—and so far, unnecessary. This dis ease, which has been confined to a portion of the city near the river, has not as yet developed any epidemic features, and there have occurred yet few cases; and at the present date, we can hear of no new cases tor the last tew days. Ibis fever, in its main type,as far as develop ed, resembles that which formerly prevailed through this section in the fall months, and we have known it to kill men even in the compara tive sparse population of those days, in ten times the number, and ten times the speed and cer tainty than the few coses at present. As we said weeks ago, what may occur, we know not, but up to this date, we see no rea sonable ground for the extraordinary alarm and panic which has prevailed for the last few days. Doubtless, however, it may be well for those w’ho have seats adjacent to retire there, as it will leave less material, in case an epidemic should prevail, which can hardly be expected at this late date in the season.— Montgomery (Ala) Journal , 3d inst. [From the Montgomery ( Alabama) Journal .] Fever at the Faotory. Montgomery, Oct. 1, 1853. Messrs. Editors : —As manv false and terri fying rumors are in circulation, respecting the hands employed in the Mills, Iron Works and on the wharf, I deem it my duty to give a brief statement of the facts as they actually exist. Mr. Rogers who has charge of my hands on the wharf, states that he has but two on the sick list, and never belore had so few out of so many, in the several years (between three and four)' that he has had charge of them I have lost none recently, excepting a man that died of con sumption in August, after an illness of eighteen months—and a child of two years of age, that has been sick of the summer complaint for two months, and brought here sick from Talladega county. Our book-keeper at the Mill, was per suaded by the panic makers that he would die if he remained, and I gave him leave of absence until after frost. He is the only one that has left the Mill. Our book-keeper in the Iron Works, has an attack ol billions fever, and there is every pros pect of his being out in a few days. He is a stranger to the climate. Mr. Jackson, a northern man, (our fareman in the Iron Works,) died on the 27th September, 1 from congestion of the brain. 1 The watchman of the Iron Works, has had a ( slight attack of fever, but is free from it at this time, and nearly well. 1 Many of our workmen, who are from the ’ North, partaking of the panic which has prevail- I ed to a very unreasonable degree, (but which has nearly ceased,) have left for their homes. To sum up the whole in a few words, out of largely over two hundred persons, (of both col lors) in my employment and under my charge, but one has died ot fever , and but ten or twelve are now under medical treatment for fever, and not one that is seriously ill. My hands are at work upon the wharf, the Mill is in lull operation, and the Factory is not stopped. I am on the spot, and shall leave whenever I discover that my health is in greater jeopardy in Montgomery than elsewhere. At the present I am unable to see that any advan tage would accrue in this respect by exchanging Montgomery for any other location. As far as my observation extends.all the febrile complaints of Montgomery lie within a short distance of the river, and not enough any where to Justify the panic which has prevailed for the past few days. Your ob’t serv’t, Jonh G. Winter. AUGUSTA, Ga7~ THURSDAY MORNING, OCTOBER Election Returns. In seventy-two counties heard from, Jenkins gains 2,104 votes compared with the Governor’s election in 1849. Twenty-seven counties to be heard from. CHATHAM COUNTY. For Goi'ernor. Hershel Y. Johnson, (dem.) 761 Charles J. Jenkins, (whig,) 614 For Congress. Francis S. Bartow, (whig,) 792 James L. Seward, (dem.) ’. 548 For State Senator. John W. Anderson, (dem. no op.) .... 1114 For Representatives. John E. Ward, (dem.) 844 Geo. P. Harrison, (dem.) 757 R. W. Pooler, (independent) 601 For Judge of the Superior JCourt. Wm. B. Fleming, (whig,) ~...689 LeviS. D’Lyon, (dem.) 354 Charles S. Henry, (dem.) 288 EIGHTH DISTRICT. —SCRIVEN COUNTY. * For Governor. Johnson 7 Jenkins 21 For Congress. John J. Jones 6 A. H. Stephens IS C. W. Young 2 For Brigadier General. Polhill 2 Hayne 28 For State Senate. Moulty 8 Jackson % . 15 For Representatives. Hurst 2 Thompson 3 Gross 15 Harrington 7 For Judge. W. W. Holt 21 BRYAN COUNTY. Old Court House Precinct. For Governor. Jenkins 27 Johnson 24 For Congress. Bartow 33 Seward. 17 For Judge. Fleming 25 Henry 21 DeLyon —. 2 * For Senator. Butler 27 Smith 9 Love 9 Warrenton, Oct. 5. Jenkins’ majority in this County is about 175. Cody and Potter elected for Representatives. Beall for Senate. Baldwin 39 ; Hancock about 210 majority foe Jenkins. Cummins, October 3, 1853. Mr. Gardner : Below you will find the re sult of this day’s election. All of the Districts have been heard from, save one, and that will increase our majority 25 votes. For Governor. Johnson 661 Jenkins 459 For Congress. Hillyer 624 1 Wofford 39 Morton 139 Stanford 2 Holsey 247 For Senate. Strickland 604 Hawkins 493 For Representative. Rice 639 Outy 437 BURKE COUNTY. For Governor. Johnson 325 Jenkins 543 For Congress. Stephens 516 Jones 321 For Senator. Gresham 489 Palmer 246 For House. Shew make 495 Parsons 407 Jones 448 Cosnahan 210 COWETA COUNTY. For Governor. Johnson 826 Jenkins 679 For Congress. Dent 732 Calhoun 693 For Senate. Smith 651 Berry 608 For House. Bridges .626 Willcoxson 575 Dodd 674 Kirby 620 WALTON COUNTY. For Governor. Johnson 737 Jenkins 538 For Congress. Hillyer... 682 Holsey 421 Wofford 37 Morton 77 Stanford 1 For Judge Superior Court. Jackson , 720 Dougherty 432 For Senator. Hill— 720 Selmau 508 For Representatives. Williams 724 Hayes 719 Haynie 508 McGaughey 374 Carroll county Johnson’s majority is 250. Lumpkin county Johnson’s majority 200. Gilmer county Johnson’s majority 201. Chattooga county Jenkins’ majority 60. Washington county Jenkins’ majority 105. Lawrenceville, Oct. 4, 1853. Mr. Gardner—Sir : I send you the result of the election held here yesterday, which will en title old Gwinnett to stand head on the list of democratic counties, notwithstanding the Dryites concentrated upon Holsey and Jenkins, which will account for their heading the ticket. If it had not have been for a combination of that kind Johnson would have carried the county by oue hundred majority. But to the result: Johnson 772; Jenkins 797 ; Hillyer 662 ; Wofford 81 ; Stanford 67 ; Morton 130 ; Holsey 574. For Judge.—Jackson 839 ; Dougherty 680. For Senate.—Thomas, Dem., 684 ; Brown, Whig, 625 ; Mills, Dryite, 208. For the House.—Whitworth, 747; Hudson 841, Democrats; Dunlap, 530, Brandon, 484, Whigs; Maddox, 212, Baxter, 246, Dryites. This is the official result. If you see proper, you can give this publicity through your valuable paper. Excuse haste, &c. K. Y. T. Macon, Oct. s—p. m. H. V. Johnson’s majority in the second dis trict will be at least 500. Colquitt’s majority nearly 1100. In the third district, Bailey is elected by about 70 votes; Johnson about the same. Taylor county gives us 217 instead of 147. Randolph gives Johnson 50 majority : Baker 509 majority ; Thomas 158 majority and Dooly 201 majority, and all Democrats elected to the Legis i lature. Pulaski gives Jenkins 82 majority and Lee only 50. Columbus, Oct. s—p. m . Jenkin’s majority in Muscogee is 64, in Lee 100, Sumpter 49, Marion 65, Macon 99, Pulaski 88. Johnson’s majority in Stewart is 44. Col quitt is elected. Johnson’s majority in the District, say 350 to 400. Macon, Oct. s—p. m. Seventy-one counties heard from at this office, and Johnson is 237 votes ahead on the whole. This calculation is based upon late which give Gilmer to us by only 200 and Lump kin by only 200. Cannot vouch for their truth- Accounts from Taylor county is very contra dictory. Bailey’s election is doubtful. GEORGIA ELECTION. First District. s « « g a ► S«1 3 « s g z* •* a £ « Counties £ a 4 % & £ Appling 191 133 000 000 000 000 Bryan 76 117 000 000 000 000 Bulloch 408 25 360 23 336 36 Chatham.... 786 666 761 614 548 792 Camden 176 62 060 000 000 000 Clinch 000 000 000 000 Effingham... 124 202 136 200 120 220 Emanuel 307 176 000 000 OOu 060 Glynn 38 94 000 000 000 000 Irwin 337 41 000 000 000 000 Laurens 58 539 000. 000 000 000 Lowndes 430 419 000 000 000 000 Liberty 146 153 000 000 000 000 Mclntosh 133 79 000 000 000 000 Montgom’ry. 53 221 000 000 000 000 Thomas 311 416 000 000 000 OCO Telfair 219 173 000 000 000 000 Tatnall 96 307 000 000 000 «oO Wayne 112 62 000 000 000 000 Ware 217 268 000 000 000 000 Second District. fl y. a « ® a Si o g - | 3 J. J Counties 2 £ J § | Baker 568 273 000 000 000 000 Body 505 311 000 000 000 000 Decatur 302 469 000 000 000 000 Early 457 144 000 000 000 000 Lee 249 330 000 000 000 000 Muscogee 857 1039 911 975 912 932 Macon 340 389 000 000 000 000 Marion 581 517 000 000 000 000 Pulaski 399 246 000 000 090 'OOO Randolph ... 769 Stewart 648 824 000 000 000 000 Sumter 577 662 000 000 000 000 Third District. - - ■ 5 2 .2 k ® 8 _ n Si ® g< 5 a -s .£* Counties _ h a £ £ pa £ - Butts 411 264 000 000 000 000 Bibb 734 634 000 000 000 000 Crawford.... 404 377 000 000 1 000 000 Houston .... 681 668 000 000 000 000 Harris 441 748 000 000 000 000 '. Monroe 650 732 000 000 000 000 Spaldi»g 000 000 000 000 * Taylor 000 000 000 000 t Talbot 756 796 000 000 000 000 Pike 895 719 000 000 000 000 Upson •... 423 620 000 000 000 000 Fourth District. - - . s * S a » o _ q a o 1 ► zi a n a 3 Ce.nties g a 4 £ « o Coweta 724 774 820 679 732 693 Cobb 1089 888 000 000 000 000 Campbell,.... 653 311 000 000 000 000 DeKalb 1014 832 000 000 000 000 Payette 697 449 000 000 000 000 Heard 486 355 000 000 0001 000 Henry 895 910 000 000 0001 000 Merriweth’r. 834 743 000 000 000 ! 000 Troup 406 1096 000 000 000' 'OOO Fifth District. o 3 ,5 a_a s s s Counties £ Ed _ £ £ OH Cass 1461 905 000 000 000 ~ r ooo Cherokee.... 1101 681 000 000 000 000 Chattooga... 462 396 000 000 000 000 Carroll 891 428 000 000 000 000 Dade 309 67 COO 000 000 000 Floyd 780 738 000 000! 000 000 Gordon 000 000 000 COO Gilmer 838 289 000 000 000 0«>o Murray 1177 703 000 000 000 000 Polk 000 000 000 COO Paulding 508 359 000 000 000 000 Walker 918 731 000 000 000 000 Whitfield...! | 000| 000 1| 000 | 000 Sixth District. >» *2 ® c 3 o c * Counties £ £ g S 3 tfl m Clarke 454 584 000 000 0(9) 00' : 000 000 000 Franklin 974 380 000 000 0 0 000 "00 "00 0i 0 Forsyth 753 496 661 459 39 624 139 247 2 Gwinnett .... 639 739 772 797 81 662 130 574 67 Jackson 732 558 000 0 0 000 000 000 000 000 Hall • 695 542 Oi'O 000 000 "00 00 000 009 Habersham.. 771 322 000 000 000 00" 000 000 000 Lumpkiu 902 522 00" 00" 000 000 000 000 000 Madison 375 324 000 000 000 000 000 000 000 Rabun 330 21 j 000 00 000 000 0001000 000 Union 673 285 0"0 0"0 000 0"0 0"0 000 000 Walton 741 536 [ 737 538 | 37 682 77|421 J 77 Seventh District. - 3 ~ te 2 * T 3 _ g ... 2 Jo S Counties j?_ _S_ £ -g _ £ Baldwin 309 357 000 000 000 doiS Greene 128 761 COO 000 000 000 Hancock 344 412 000 000 000 000 Jones 434 396 000 000 000 000 Jasper 540 410 0(0 000 000 000 Morgan 272 379 000 000 0"0 000 Newton 610 910 000 000 €OO 000 Putnam 322 374 000 000 000 000 Twiggs 392 330 000 000 000 000 Wilkinson... 512 381 000 000 o*o 000 Washington. 592 j 012 000 000 000 000 Eighth District. •5; ’ * " 5 8 .9 » •? £ s .a « Counties _ h Burke 343 464 325 543 321 516 000 Oou Columbia.... 220 361 000 000 000 0"0 000 000 Elbert 195 995 000 000 009 000 000 000 1 Jefferson 107 430 000 000 o*o 000 000 €OO Lincoln 172 233 000 000 000 000 000 000 Oglethorpe.. 206 600 000 060 000 000 000 000 Richmond... 542 739 723 938 712 881 000 000 Scriveu 251 226 000 000 000 000 000 000 Taliaferro... 69 328 000 000 000 000 000 000 Warren 417 572 000 ofo 000 000 000 000 Wilkes 324 441 000 00011 000 000 000 000 Members of the Legislature. SENATORS. Baldwin.— Butts. Burke.—Gresham. Chatham.— Anderson. Coweta.— Smith. Forsyth .—Strickland. Richmond. —Miller. Walton.— Hill. house of representatives. Bald win.— McCoombs. Bryan.— Love. Burke.—Shewmake, Jones. Chatham— Ward, Harrison. Coweta. — Bridges, Dodds. Forsyth.— Rice. Liberty. — Jones, Smith. Richmond.—Walker, Walton. Walton.— Williams, Hays. Democrats in italic, Whigs in roman. n i _ I KI,K(;R A pJ]*9* Trausinitlrd .« ,h. Oo„. lllnli ~~ __ ' ~ The steamship Mexico ° Ct>4 ' ports the steamer Yatchfrom Braz* , n * New Orleans, with large amount 0 f f * struck on Brazos baron the 23d J U to pieces. The passengers and saved, and part of the specie. * ere «l In the Cotton market to-day pr i w , pressed by the advices per Baltic n T** * sales were made. ' ° n, y a f ew Charleston, Oct r , Cotton -Sales to-day 300 bales 7 ® 10| cents. The market is quiet. l0 < •» New York, Oct 3 Cotton.— The market is dull T?®' bales ‘ a| cs 7^ New York, Oct 5 Cotton .-The sales for the last tw„7 P ® 4 500 bales. The market is unchanged ** Rice.— Sales 150 tierces at $4 t 0 I Telegraphed for the Charleston On, , Baltimore, Oct. 3, 3.18 p \i C per Baltic.-- The Havre Cotton Maruf^’"' 4 tive, and the sales during the week ' Vas »C' the 18th ult., comprised 9000 bales ult. 1000 bales were sold C>n thelg^ European Intelligence-h is reported a k Cholera was extending its rava»« ?„ lish ports. r s in the Eq, The latest advices from Constantin 1 to the 7th ult. and they state that t ? troops had been sent to Varua and Shn L§7pti,t , Advices from Paris to the 20th nit " Austria had declared that she act with the other Powers and PS structions had been sent to Baron , sure the Sultan that he must accept the without any modification. * 1 hrst I he Y lenna Conference was at the l as t , ces still in session, endeavoring to ■ teis ; but it considered matter’s £ “S’* . serious. ein ß »err The Hungarian Regalia are to h* u . the Museum at Vienna 6 Letters from Madrid state that another nolc cal crisis is coming on in Spain and tZ; vate'Political circle, the pmpiiety * d If the Queen is freely discussed uepwit !. It is reported that new modifications conch tory both to Russia and Turkey would C 5 but it is feared that in the meantime the,S on the Danube might come into collision ).. \ h * Se . rvian Gh arge has notified the p n ) that Servia will remain neutral in the 1 a w r ar. v * Bl « )„ B y J. h ® overland «'e learn that tbeU i J Expedition comprising the Susquehanna,?^ , ton, Plymouth and Saratoga, sailed on the L ) J uly, from Shanga. tor Japan, followed bv hl > Russian frigates. The Susquehanna and s£ ) g* J iad touched at seveial Islands, and distribr ) ed live stock. At the island of Borr.ar whl, ) they found European settlers, they pUw ten acres of land, and a five harbor fora coai* > Pot > The Chinese revolution extends, but noi ) cisive action is reported. j The King of Prussia has concluded not to t to the meeting of the Emperors of Rmsiaas Austria at Olmutz. The Paris papers state that the Fiench Gov«s merit entertains confident hopes that the Tin" kish difficulties will be settled without an a - peal to arms. The Patrie adds that the EnJ } or of Russia w ill (not ?) under any circumstat ) oes commence hostilities. | ) Baltimore, Oct. 3,5 50 P. M.— 2 Intelligence. — Advices have been received by Is-1 ) President at Washington, stating fiat seri«| ) difficulties had occurred between the Amencail ) and Mexican troops in the Mesilla Valley. 11l j is understood that the Mexican Government itl ) tended to demand explanations from Gen. Gidt l den in ieterence to the Americanssendingtam into the Y alley. Advices have been received ill the Navy Department, that Commodore Sig.| gold’s exploring squadron were at CapedeVenkl on the 27th July—ail well 1 , New Orleans, Oct. 4, 6.25 P. M-Progral 1 of the Epidemic. —The intei ments in New Oiitaß on Monday of parties who had died fromyelwß ; fever were only 6. The Board of Healtkuß ( discontinued the daily reports, considering til 1 the epidemic is now over. The weather is vl ) and business is reviving. 1 | New Orleans. Sept. 30. —New Orkm .V;H ) kets. —The sales of Cotton during the weekwM comprised 3500 bales The receipts in thesiiß period have amounted to 11,000 bales, isl stock on hand is 28.000 bales. Freights to w erpool are quoted at fd. for Cotton. Ekihiß on London rules at 91 per cent, premium I - New Orleans, Oct. 4. 328 P. M—OnH«H , day in New Orleans the 4 Cotton marketwas-iM 1 | settled, and prices were irregular, beinglulllfl 5 i eighth of a cent lower after the receptionodH | America’s advices, although to give ) quotations is impossible. The sales compaßl ) I 600 bales. The receipts for the lost two JJ > were 2000 bales. | Cotton Beds.—Cotton costs but sir*®® cents per pound, while feathers cost forty ty. If it he indeed true that cotton can :! *»j sufficiently elastic, it will work a grpat - ® ) The purity of cotton, and the absenceof>« | fensive odor, are important qualitiesai» ® ( effect of the general adoption of cotton i" 1 will be to enhance its value, but features # 1 as surely decline. The public, however, 1 be important gainers. BJ [ An intelligent correspondent, who basjrW 1 the subject some attention, writes to toe 1 more Clipper as follows: —“This iu f<t j j is to create a wide public interest, in the Southern section of the Union. ‘ W j does not appear to exist a doubt as to I practicability. Indeed, if is said to have practical use for more than twelve I upon this principle having been actua'ly^Wl factured and extensively introduced I New York market by a company orga l l ; der the Robertson Patents. These Gv-Bn stood the test, and have had a great ranVl city under the style of the felt mattress- M li Measures are taken to make arrack w’ith cotton manufacturers to supply t®* Btecs of the Union with the bedding stery materials of this invention. !' a® hoped that the cotton manufacturers - ciriitv of your city will become agen ' patentee, as their locality would ena „ ; yH| to supply the markets of the Southern a die States to a greater advantage tnan establishments. The agents for the® ■■ patents are E. Harmon, Esq., ” a * B. Hartson, proprietor of the Globe t MM New York.” i B We understand that two or three fir®* .Sjl city have been favored with invoice s ley & Abbott in like manner with. a5 "fl bourn & Co., of Wilmington, N• '' tioned by us yesterday. The dra never came on and consequently no ■ Charleston Courier, (fLonunrrrial. j I SAVANNAH, Oct. 3, p was very little demand to-day- . jl); to 66 bales as follows :35 at 9j, 1 M 18J, and 2 bales at 10J cts. „ I ■ SA YANNAH wT Per brig Arctnrus, fore I j| Lumber. _ ~. „KJ Per'schr Satalla, for Baltmio* Mjß Lumber; 80 bales Yarn. . Wi Per schr Isaac Cohens Hertz, fnM casks Rice, 50 half do do, 145 h c 678 feet Lumber.' 1 Shipping *£££&% I Lamar, Johnson. Augusta y e w Cleared, brig Arcturus. Lahr.. Cobeo3 ■■ Satilla, Staples, Baltimore; ft R Carier, Havana ' CIIARLESTON, Oct. s r' A wJue Marion, Foster. New-Y °rk, pb mWt M Sherwood. New York: brig g o3 ton: gua la Grande: America, Br .. ’ sine, Smith, New York; Get. _ H York; Shamrock, Lanfere. Billups, Baltimore. philftd^P' l1 * I H Below, scr Maria L. Oavis. , LonJ° a ' Cleared, barque George, Iho > Mg Hats.— The latest Falll ■ Hats, just received at -a pKl*-® I fl