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.