Koszta Affair
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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 (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
and the
Austrian Empire The Austrian Empire, officially known as the Empire of Austria, was a Multinational state, multinational European Great Powers, great power from 1804 to 1867, created by proclamation out of the Habsburg monarchy, realms of the Habsburgs. Duri ...
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, officially known as the Empire of Austria, was a Multinational state, multinational European Great Powers, great power from 1804 to 1867, created by proclamation out of the Habsburg monarchy, realms of the Habsburgs. Duri ...
. He fled to
Turkey Turkey, officially the Republic of TĂĽrkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
, 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 ( ; , or ) was an Ancient Greece, Ancient Greek city located at a strategic point on the Aegean Sea, Aegean coast of Anatolia, Turkey. Due to its advantageous port conditions, its ease of defence, and its good inland connections, Smyrna ...
and the American
chargé d'affaires A (), 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. The term is Frenc ...
''ad interim'' at
Constantinople Constantinople (#Names of Constantinople, see other names) was a historical city located on the Bosporus that served as the capital of the Roman Empire, Roman, Byzantine Empire, Byzantine, Latin Empire, Latin, and Ottoman Empire, Ottoman empire ...
. 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. According to historian Mark Power Smith, he was abducted from a public café by agents hired by the Austrian consul. 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 ( , ; ) is a city and seaport in northeastern Italy. It is the capital and largest city of the Regions of Italy#Autonomous regions with special statute, autonomous region of Friuli-Venezia Giulia, as well as of the Province of Trieste, ...
. 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 or highest rank officer of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police depa ...
Duncan Ingraham 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 a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries. A consu ...
agreed to allow Koszta to be held by the consul general of
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
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, the eleventh Governor of New York, U.S. Secretary of War and the twenty-first U.S. Secretary of State. In the la ...
, 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 HĂĽlsemann 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 Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
– 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, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
passed a joint resolution of thanks to Captain Ingraham and decorated him with the
Congressional Gold Medal The Congressional Gold Medal is the oldest and highest civilian award in the United States, alongside the Presidential Medal of Freedom. It is bestowed by vote of the United States Congress, signed into law by the president. The Gold Medal exp ...
, in commemoration of his services. Beyond the immediate diplomatic conflict, the Koszta Affair had substantial ideological, legal, and diplomatic ramifications, as recent scholarship has discussed. Historian Mark Power Smith argues that the affair significantly empowered the Young America Movement, a faction within the Democratic Party advocating for expansionism and an inclusive vision of nationalism, particularly toward white European immigrants.Mark Power Smith, "The Young American Movement, the Koszta Affair of 1853, and the Construction of Nationalism before the Civil War," Journal of American History 102, no. 1 (2015): 75. According to Smith, the Koszta Affair provided a prominent example through which the Young America Movement challenged restrictive definitions of citizenship. By successfully advocating for the rights of Martin Koszta, an immigrant who was not yet fully naturalized, the movement gained political momentum and public visibility. Smith writes that "Young America's leaders seized upon the Koszta Affair as proof that America's national destiny was linked intrinsically with democratic principles and expansive citizenship rights." The event also resonated among radical European nationalists, who viewed America's defense of Koszta as evidence of democratic solidarity, strengthening the country's international image as a champion of democratic ideals. Historian Rob Howell examines the legal and diplomatic impact of the affair through Secretary of State William L. Marcy’s articulation of the doctrine of domiciliation. Howell defines domiciliation as the principle that residence and demonstrated intent to naturalize in a new country are sufficient grounds for receiving diplomatic protection from that country.Rob Howell, "The Effect of the Martin Koszta Affair on American Foreign Policy," Diplomatic History 34, no. 4 (2010): 617–619. He argues that Marcy's position shifted international norms by asserting that the United States could protect individuals based on domicile rather than formal citizenship alone. Howell contends that "Marcy's doctrine of domiciliation reshaped international legal thought and set a precedent that would influence U.S. foreign policy decisions throughout the late nineteenth century." An example of this influence is seen in subsequent American diplomatic interventions on behalf of residents abroad who had not completed formal naturalization but sought U.S. protection. Marcy’s successful negotiation of Koszta's release without military confrontation also bolstered America's diplomatic credibility internationally. Thus, the Koszta Affair's significance extended beyond a single diplomatic incident, influencing ideological movements within the United States, reshaping concepts of citizenship, and setting important legal precedents in international diplomacy.


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 in Austria International maritime incidents Military diplomacy History of İzmir United States Navy in the 19th century