For several years Spain has been calling the attention of this Government to a claim for losses by some of her subjects in the case of the schooner Amistad.  This claim is believed to rest on the obligations imposed by our existing treaty with that country.  Its justice was admitted in our diplomatic correspondence with the Spanish Government as early as March, 1847, and one of my predecessors, in his annual message of that year, recommended that provision should be made for its payment.  In January last it was again submitted to Congress by the Executive.  It has received a favorable consideration by committees of both branches, but as yet there has been no final action upon it.  I conceive that good faith requires its prompt adjustment, and I present it to your early and favorable consideration.

Martin Koszta, a Hungarian by birth, came to this country in 1850, and declared his intention in due form of law to become a citizen of the United States.  After remaining here nearly two years he visited Turkey.  While at Smyrna he was forcibly seized, taken on board an Austrian brig of war then lying in the harbor of that place, and there confined in irons, with the avowed design to take him into the dominions of Austria.  Our consul at Smyrna and legation at Constantinople interposed for his release, but their efforts were ineffectual.  While thus in prison Commander Ingraham, with the United States ship of war St. Louis, arrived at Smyrna, and after inquiring into the circumstances of the case came to the conclusion that Koszta was entitled to the protection of this Government, and took energetic and prompt measures for his release.  Under an arrangement between the agents of the United States and of Austria, he was transferred to the custody of the French consul-general at Smyrna, there to remain until he should be disposed of by the mutual agreement of the consuls of the respective Governments at that place.  Pursuant to that agreement, he has been released, and is now in the United States.  The Emperor of Austria has made the conduct of our officers who took part in this transaction a subject of grave complaint.  Regarding Koszta as still his subject, and claiming a right to seize him within the limits of the Turkish Empire, he has demanded of this Government its consent to the surrender of the prisoner, a disavowal of the acts of its agents, and satisfaction for the alleged outrage.  After a careful consideration of the case I came to the conclusion that Koszta was seized without legal authority at Smyrna; that he was wrongfully detained on board of the Austrian brig of war; that at the time of his seizure he was clothed with the nationality of the United States, and that the acts of our officers, under the circumstances of the case, were justifiable, and their conduct has been fully approved by me, and a compliance with the several demands of the Emperor of Austria has been declined.

For a more full account of this transaction and my views in regard to it I refer to the correspondence between the charge d’affaires of Austria and the Secretary of State, which is herewith transmitted.  The principles and policy therein maintained on the part of the United States will, whenever a proper occasion occurs, be applied and enforced.