Resolution of Congress Voting a Medal to Commander Ingraham.

Resolved unanimously by the Senate and House of Representatives of the United States of America in Congress assembled: That the President of the United States be, and he is hereby, requested to cause to be made a medal, with suitable devices, and presented to Commander Duncan N. Ingraham, of the navy of the United States, as a testimonial of the high sense entertained by Congress of his gallant and judicious conduct on the second of July, eighteen hundred and fifty-three, in extending protection to Martin Coszta, by rescuing him from illegal seizure and imprisonment on board the Austrian war brig Hussar.

Approved August 4, 1854.

Commander Ingraham to Commodore Stringham.

United States ship St. Louis,
Smyrna, July 6th, 1853.
To
Commodore Silas H. Stringham,
Commander-in-Chief of the United States Naval Forces in the Mediterranean.

Sir: It becomes my duty to report to you an affair at this place in which I have taken upon myself to compromise the American flag.

I arrived here upon the 23d of June, and soon after anchoring was informed that an American had been kidnapped by the Austrian Consul upon the Turkish soil and sent on board an Austrian brig-of-war.

I sent for the American Consul and informed him of what I had heard. He told me the man was a Hungarian refugee (named Martin Coszta), who had a certificate of intention to become a citizen of the United States, and came here in an American vessel, but that he did not consider him under his protection, having to his knowledge no passport.

The Consul and myself then went on board the brig, and requested to see the commander, but were told he was not on board. We then went to the Austrian Consul, and demanded to see Coszta, which after some demur was granted.

After a conversation with Coszta, I was afraid I had no right to demand him as a citizen of the United States, but determined neither to make a claim nor acquiesce in his seizure until I could hear from the Legation at Constantinople. I was guided in this opinion by the Consul, who seemed to think we could not use force without more evidence than the paper in his possession gave.

I then requested the Consul to write immediately to the Legation, which he did. Before an answer could arrive, I received information that Coszta was to be sent to Trieste. I immediately wrote to the commander of the brig, protesting against this step, and received a verbal reply that he was ignorant of any such intention. Next morning, at daylight, I got under way, and anchored within half cable's length of the brig, and loaded my guns, the steamer in which it was said Coszta was to be sent being very near. At 11 a.m. an answer came from Mr. Brown, stating that Coszta was an American citizen, and advising the Consul to give him all aid and sympathy, but in an unofficial way. I then told the Consul he must insist upon Coszta remaining until I again heard from the Chargé. He did so, when the Austrian Consul told him he had intended to send the man off that day, but would wait until the next mail. On Saturday, the 2d of July, the Capen Oglan of the Legation arrived with letters from the Chargé to the Consul and myself to use stringent measures.

I immediately held an interview with Coszta, in which he claimed the protection of the American flag. I then addressed note "B" to the commander of the brig, demanding Coszta's release. I also directed the American Consul to furnish the Austrian Consul with a copy of the demand, which was done. At this time the Austrian brig and a ten-gun schooner that arrived the day before prepared for action, having three mail-steamers to assist. I did the same, and awaited the hour of 4 p.m. At 12, our Consul came off with a proposition that Coszta should be delivered into the hands of the Consul-General of France, to be held at the joint order of the American and Austrian Consuls, until his nationality should be determined. After some consideration, and the advice of the English and French Consuls to ours, I agreed to the terms. The prisoner was then landed amid the cheers of the inhabitants and every demonstration of joy. I know, Sir, I have taken a fearful responsibility upon myself by this act, but after Mr. Brown informed me Coszta had taken the oath of allegiance to the United States, and foresworn all allegiance to Austria, that he was an American citizen and had been under the protection of the Legation at Constantinople, I could not hesitate to believe he was fully entitled to protection. It was a case of life and death; for, if Coszta had been taken to Trieste his fate was sealed, and could I have looked the American people in the face again, if I had allowed a citizen to be executed and not used the power in my hands to protect him for fear of doing too much? The easy manner, also, in which he was given up, and the Convention that he should be held by a third party until his nationality could be established, is evidence that they were not sure of their ground.

Should my conduct be approved by you, Sir, it will be one of the proudest moments of my life that I have saved this gallant man from a cruel and ignominious death. On the other hand, should the course I have pursued be disavowed, I must bow to the decision; but whatever may be the consequence to myself, I shall feel I have done my best to support the honor of the flag, and not allow a citizen to be oppressed who claimed at my hands the protection of the flag.

I enclose copies of all the papers (A to E) relating to this affair.

I have the honor to be, very respectfully, your obedient servant,

D. N. Ingraham, Commander.

A

Commander Ingraham to Commander Schwartz.

United States ship St. Louis, Smyrna Roads,
Evening June 28, 1853.
To
The Commander of the Austrian Brig Hussar.

Sir: I have this moment received a letter stating Martin Coszta was to be sent on board the steamer to-morrow at daylight, to be sent to Trieste. I have been only waiting to hear from the Minister at Constantinople before I took some action in the case of Coszta, as he has a paper stating his intention to become a citizen of the United States. He came here in an American vessel, and has been some time in the United States. I earnestly protest against his leaving this port until something has been heard from Constantinople.

Very respectfully, your obedient servant,
D. N. Ingraham, Commander.

B

Commander Schwartz to Commander Ingraham.

His Imperial Majesty's brig Hussar,
Smyrna, June 29th, 1853.
To
The Commander of the United States ship St. Louis.

Sir: I had the honor to receive your letter of the 28th inst.

Concerning the matter respecting Martin Coszta, I request you, Sir, to communicate with the Consul General, as I can personally do nothing in the matter, as I receive all my orders from him.

I have the honor to subscribe myself, with great respect, your obedient servant,

Schwartz.

C

Commander Ingraham to Commander Schwartz.

United States ship St. Louis,
Smyrna, July 2d, 1853.
To
The Commander of the Austrian brig Hussar.

Sir: I have been directed by the American Chargé at Constantinople to demand the person of Martin Coszta, a citizen of the United States, taken by force from the Turkish soil and now confined on board the brig Hussar. And if a refusal is given to take him by force.

An answer to the demand must be returned by 4 o'clock p.m.

Very respectfully, your obedient servant,
D. N. Ingraham, Commander.

D

Commander Schwartz to Commander Ingraham.

His Imperial Majesty's brig Hussar,
Smyrna, July 2d, 1853.
To
The Commander of the United States ship St. Louis,
Present.

Sir: I have the honor to refer you to my letter of the 28th ultimo, in which I stated that I depend altogether upon the Consul General in the matter respecting the prisoner Martin Coszta. I shall send him your letter of this day, and request him to come to an understanding with you himself.

I protest against all violence toward His Imperial Majesty's brig "Hussar," or schooner "Artimesia," and shall consider it as a hostile step for which I would hold you altogether responsible.

I have the honor to subscribe myself, with great respect, your obedient servant,

Schwartz.

E

S. N. Brown to Commander Ingraham.

Legation of the United States,
Pera, June 28th, 1853.
To
Commander Ingraham,
United States Corvette St. Louis.

Dear Sir: I send you a copy of my letter to the Austrian Internuncio (Minister) on the subject of the detention of Martin Coszta on board the Austrian brig Hussar; which will serve to show my views of the transaction better than I could do in a note.

The public here are quite as indignant at the brutal conduct of the Austrian Consul as they were in Smyrna. Mussulman, Christian and Jew execrate the conduct of the Consul, and accuse him as the cause of the bloodshed which resulted from the brutal arrest and treatment of Coszta. The Porte would have been much pleased had you taken him from the Austrian brig, and I regret that it was not done on the ground that he had renounced all allegiance to the Austrian Emperor, and taken an oath of allegiance to the government of the United States.

He certainly is not an Austrian subject, and he as certainly can claim no other allegiance to any other power, than to that of the United States. It is not uncommon for persons having received official copies of their declaration of allegiance to procure an American passport stating this fact, in which all protection and satisfaction is assured them from American authorities. I believe that, under the circumstances, you have a right to persist in demanding him from the Austrian commander. The Porte would wish to leave the matter open between us and the Austrians, and if we could see the poor fellow carried off and hung to let us take the ignominy of the transaction on our own shoulders. If I thought you would be governed by my instructions, they would be to demand him, in the most formal and positive language, of the Austrian commander, in my name as Representative of the United States, and after having him in your possession, to leave the matter to be adjusted between the two governments. In case of a refusal to deliver him, founded on the pleas that he had renounced all allegiance to Austria, and that having taken the oath of allegiance to the United States, he has a claim upon our protection, I would take him out of the vessel. Such a course will meet with the most profound applause from this government and from every foreign legation here (except that of Austria), and cannot but call forth strong gratification on the part of our government and people at home.

So abominable an act has excited here extreme abhorrence and execration, and all you have already done has elevated the character of our country and of our navy.

I remain, dear Sir, most truly yours,
S. N. Brown.

Be so good as to allow Mr. Offley to peruse the present. I do not doubt but that he will support you in all you do.

S. N. B.

[Enclosure from Caleb Lyon of Lyonsdale.]

My Dear Sir: I cordially approve of the measures of Mr. Brown in taking the exile Coszta per force, and do hope you will do so. So far as my humble power goes, I will defend it. He is not an Austrian subject, he has sworn allegiance to the United States. Sure this is enough to demand our protection, no matter what he says. Do not let this chance slip to acquit yourself nobly, and to do honor to our country.

The Turkish Governor as well as the Austrian Consul have been both dismissed and disgraced.

The eyes of nations are upon the little St. Louis and her commander. For God's sake, and sake of humanity, stand for the right.

Regards and friendship of yours ever,
Caleb Lyon of Lyonsdale.

Mr. Lyon is a member of Congress from the State of New York, and now travelling in Europe.

Martin Coszta's Declaration of Intention.

1852.
State of New York.

In the Court of Common Pleas for the City and County of New York:

I, Martin Coszta, do declare on oath, that it is bona fide my intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign Prince, Potentate, State or Sovereignty whatever, and particularly to the Emperor of Austria, of whom I am a subject.

Martin Coszta.

Sworn this 31st day of July, 1852.

George W. Riblet, Clerk.

Clerk's Office, Court of Common Pleas,
For the City and County of New York.

I certify that the foregoing is a true copy of an original Declaration of Intention, remaining of record in my office.

In witness whereof I have hereunto subscribed my name, and affixed the seal of said Court, this 31st day of July, 1852.

[L. S.] George W. Riblet, Clerk.

Agreement between the Consul-General of Austria and the Consul of the United States of America.

Smyrne le 2 Juillet, 1853.

Les Soussignés Consul Général d'Autriche et Consul des États-Unis d'Amérique, prient Monsieur le Consul Général de Sa Majesté l'Empereur des Français de prendre en dépôt dans ses prisons le nommé Martin Koszta (Martin Coszta) détenu sur le brick de guerre Autrichien "Hussard" et dont la nationalité et par conséquent les relations de protection sont en litige, entre les Ambassades respectives à Constantinople, ainsi qu'entre les Consulats à Smyrne.

Ils prient Monsieur le Consul Général de se charger de ce dépôt aux conditions suivantes.

L'individu sus mentionné sera consigné dans la journée d'aujourd'hui et au plus tôt possible par un détachement des soldats du brick Autrichien qui le conduira au débarcadère de l'hôpital Français, où il sera remis entre les mains de Monsieur le Consul Général de France ou de la personne qu'il en aura chargé.

Le détenu ne pourra communiquer avec aucune personne du dehors à l'exception des Consuls soussignés et dans l'hôpital il sera confié spécialement à une personne que Monsieur le Consul Général de France désignera.

Les frais de nourriture et de maintien que les soussignés laissent entièrement à la discrétion de Monsieur le Consul Général de France de fixer au détenu, seront à la charge du soussigné Consul Général d'Autriche.

Il est expressément convenu que Monsieur le Consul Général de France ne délivrera le détenu Martin Koszta (Martin Coszta) que sur une demande collective des soussignés.

[Translation.]

Smyrna, July 2, 1853.

The undersigned, the Consul-General of Austria and the Consul of the United States of America, request the Consul-General of His Majesty, the Emperor of the French, to take in charge the named Martin Koszta (Martin Coszta), detained on the Austrian brig-of-war "Hussar," whose nationality and consequently whose rights to protection are in litigation, between the respective embassies at Constantinople, and also between the Consulates at Smyrna.

They request the Consul-General to take charge of the detained person on the following conditions:

The above-named individual shall be delivered to-day, and as soon as possible, by a detachment of soldiers from the Austrian brig-of-war, which shall conduct him to the landing of the French hospital, where he shall be handed over to the Consul-General of France, or to the persons designated by him.

The detained shall not be allowed to communicate with any outside person except with the undersigned Consuls; and in the hospital he shall be under the care of some one specially designated by the Consul-General of France.

The expenses of boarding and keeping, the particulars of which the undersigned leave entirely to the discretion of the Consul-General of France, shall be borne by the Consul-General of Austria.

It is expressly agreed that the Consul-General of France shall deliver the detained Martin Koszta (Martin Coszta) only on a collective demand of the undersigned.

Resolution of Congress Voting a Medal to Doctor Rose.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled: That the President be, and he is hereby, authorized and requested to cause suitable acknowledgments to be made on the part of this government to Admiral Sir Hewston Stewart, of Her Britannic Majesty's Navy, and officers under his command, for their prompt and efficient aid, and generous hospitality, extended to the disabled officers and crew of the United States ship Susquehanna on her late arrival at Port Royal, Island of Jamaica, with the yellow fever on board; on which occasion, besides placing the naval hospital, with an adequate corps of medical officers, nurses and attendants, at their service, eighty-five of the officers and crew of the Susquehanna were safely and promptly conveyed on shore with the aid of the boats of the British squadron, and the lives of the greater portion of them thereby probably saved. And that the President be further requested to cause a gold medal, with appropriate devices, to be presented, on behalf of this government, to Assistant-Surgeon Frederick H. Rose, of the British Navy, who volunteered, with the permission of his commanding officer, to join the Susquehanna, and, at imminent personal risk, devoted himself, on the voyage from Jamaica to New York, to the care of the sick remaining on board. And that the President cause suitable testimonials to be in like manner presented to the medical officers in the British service, in attendance at the hospital, with appropriate rewards to the nurses and other attendants there, whilst occupied by the officers and crew of the Susquehanna.

Approved May 11, 1858.

Captain Sands to the Secretary of the Navy.

U. S. Ship Susquehanna,
New York Harbor,
April 15th, 1858.
To the Honorable
Isaac Toucey,
Secretary of the Navy, Washington, D. C.

Sir: I have the honor to report to you the arrival of this ship at New York, having had 155 cases of yellow fever on board, 85 of which were left at the hospital at Port Royal, Jamaica.

For the information of the Honorable Department, I have to state that after lying over one hundred days in San Juan De Nicaragua, with an average sick list of about 15, the first case of fever made its appearance on the 17th ultimo, then a second, then a third, when I thought it advisable to put to sea, hoping that a change of air would dispel the disease. After a few days the ship returned off San Juan and anchored outside. She remained there three days, with some slight modification of the fever, but it again broke out with greater violence. I then got under way and stood toward Aspinwall, expecting to meet the Jamestown, Commander Kennedy, whom I had instructed to relieve us on the 1st April, this ship to take her place, thinking that a change of position might be favorable to the health of both ships; on our way down to Aspinwall fresh cases continued to occur, particularly among the lieutenants and engineers, the first and second of the former being down, and others complaining. I now determined, at the suggestion of the surgeon, to steer for Pensacola; after standing for that port for some hours, and the fever continuing to extend its ravages, there being nearly one hundred down, at the request of the surgeon I changed our course for the Island of Jamaica, where I arrived about 8 o'clock on the evening of the 5th April.

The Admiral of the Port, Sir Hewston Stewart, on hearing of our condition, kindly placed the Naval Hospital at our disposal, and at six o'clock the next morning we landed 63 of our sick. I then had to take coal and water on board, at Kingston, which detained us a part of three days. The ship being now disabled, three lieutenants and six engineers being sick, besides half the firemen and coal-heavers, and many of the most valuable of the men off duty, I shipped about 30 negroes, and agreeably to the recommendation of the surgeon, I deemed it advisable to proceed at once to a northern port.

The whole number of cases from the 17th March to 15th April was 155—85 of which were left at the Hospital at Port Royal, Jamaica. There remain on the list to-day 34 cases. We have had in all 16 deaths, among these was 1st Lieutenant Queen of the Marine Corps.

Lieutenant Howell and four engineers were left at the Hospital, doing, I hope, well.

Since leaving Port Royal we have had two deaths, and some addition to the number of cases, but generally on approaching a cold climate, all seem to improve and we have had no new cases for the last 48 hours.

I beg leave to forward three letters from Surgeon Pinckney, who was taken down in the commencement of the epidemic, also one from Passed Assistant Surgeon Maccoun, from whom I have received the most valuable aid, during this severe visitation. As I had but one surgeon left, and fearing he might also fall sick during the passage home, I applied to Admiral Stewart for a medical officer, and previous to our departure from Port Royal, he sent us Assistant Surgeon Rose, who kindly volunteered his services.

I cannot find words to express my sense of obligation to Admiral Stewart for the kind and prompt manner in which he placed the Royal Naval Hospital at our disposal, and furnished us with every convenience for landing the sick, nor to Dr. Kinnear, Deputy Medical Inspector, and the medical officers under him for their attention to the comforts of those placed under their charge.

I also take great pleasure in mentioning that Commodore Kellett and Captain Hay of the "Indus" came to offer their assistance with boats and cots to land the sick.

I have left instructions with Mr. Harrison, our Consul at Kingston, relating to the sick at the Hospital, and have drawn a bill on the Navy Department in his favor for $1500, to cover any necessary expenses that might occur until further instructions should be received from the Department.

I have only to add my great regret at being obliged to leave my station without instructions from the Department, but the circumstances of the case rendered it absolutely necessary.

I have the honor to be, &c., &c.,
Joshua R. Sands,
Captain United States Navy.

Section 9. And be it further enacted, That the President cause to be struck from the dies recently prepared at the United States Mint for that purpose, "medals of honor" additional to those authorized by the act (Resolution of July twelfth, eighteen hundred and sixty-two), and present the same to such officers, non-commissioned officers, and privates as have most distinguished or who may hereafter most distinguish themselves in action, and the sum of $20,000 is hereby appropriated out of any money in the Treasury not otherwise appropriated, to defray the expenses of the same.

Approved March 3d, 1863.