fiwfiw <*5?‘”‘ ‘ M3 THE.AUyHuLHUNGARumqQuEsTnMm OO.R,1%B1S1’ONDENOE I BETVVEEN ‘ ‘ -' fl "1 “MR HULSPMANN G .. NJ 9 Ausmzmm oumwft })’Al?‘l?‘AII{2Ef%;_, AN" I‘) MR. WEBSTElE{,, E31-‘.C1Rl-ZTARY OF’ ETATE 077‘ THE UNITED STATES. ‘ -w xavv-.-"‘<.u'\,r‘-«,tt‘u_-n">u‘.~ v4*"n.v n..-~'~..o-~-.»1"».~v‘»m‘»..o«'-.»v'*-..a ~.n«.v~w-»..«"‘-.u~. u‘ww“"v.»"-mr\»v"\.a*w~.r-nt'*uV VVASI’IING'TON : PRINTED BY GIDEON AND CO. 1851. THE AUSTRO-HUNGARIAN QUESTION. CORRESPONDENCE mm BETWEEN MR.HULsEMANN. AUSTRIAN cHAn'maE D’A.FFAIRES, ANI3 MP. VVEBSTER, SECRETARY OF‘ .":%T.A.'I‘E OF‘ THE UNITED STATES. WASHINGTON: rnxumn av GIDEON AND co. 1851. CORRESPONDENCE. IN SENATE or THE UNITED STATES, d December 30, 1850'- A message was received from the President of the United States, by Mr. M. P. FILLMORE, his private secretary, dated the 30th instant, communicating, in reply to a resolution of the Senate of the 20th instant, certain correspondence between our Government and Austria. The correspondence was read, and is as follows ; DEPARTMENT or STATE, WASHINGTON, Decemfer 30, 1850. To the P-resident cy‘ the Umitea.’ States : The Secretary of State, to whom has been referred the resolu- tion of the Senate of the 26th instant, requesting the President “to communicate to the Senate, if not incompatible with the public interest, copies of any correspondence, if any has taken place, between the Department of State and the Austrian Charge d’Aff‘aires, respecting the appointment or proceedings of the agent 1 sent out to examine and report upon the condition and prospects of the Hungarian people, during their recent struggle for inde~ \ pendence,” has the honor to lay before the President acopy of the correspondence called for by the resolution. l Respectfully submitted, DANIEL WEBSTER. 4 Chevalier J. G‘. I-Ittlsemama to the Secretary of State. [Translati0n.] AUSTRIAN LEGATION, WASHINGTON, September 30, 1850. The undersigned, Chargé d’Afl“aires of his Majesty the Emperor‘ of Austria, has been instructed to make the following communica- tion to the Secretary of State : As soon as the Imperial Government became aware of the fact that a United States agent hadpbeen despatched to Vienna, with orders to watch for a favorable moment to recognise the Hung-a» rian Republic, and to conclude a treaty of commerce with the same, the undersigned was directed to address some confidential but pressing representations to the Cabinet of Washington against i that proceeding, which is so much at variance with those pri.nci- ‘ ples of international law, so scrupulously adhered to by Austria at i all times and under all circumstances, towards the United States. In fact, how is it possible to reconcile such a missiontwith the principle of non-intervention, so formally announced by the United States as the basis of American policy, and which had just been sanctioned with so much solemnity by the President, in his inau- gural address of March 5, 1849 2 Was it in return for the friend- ship and confidence which Austria had never ceased to manifest towards them, that the United States became so impatient for the downfall of the..Austrian Monarchy, and even sought to accelerate that event by the utterance of their wishes to that effect ? Those who did not hesitate to assume the responsibility of sending Mr. Dudley Mann on such an errand, should, independent of considera- tions of propriety, have borne in mind that they vvere exposing their emissary to be treated as a spy; It'is to be regretted that the American Government was not better informed as to the actual resources of Austria, and her historical perseverance in defending her just rights. A knowledge of those resources would have led to the conclusion thata contest of a few months’ duration could i 5 neither have exhausted the energies of that Power, nor turned aside its purpose to put down the insurrection. Austria has struggled against the French revolution for twenty-five years; the courage andperseverance which she exhibited in that memo- rable contest have been appreciated by the Whole world. To the urgent representations of the undersigned, Mr. Clayton answered that Mr. lV.lann’s mission had no other object in view than to obtain reliable information as to the true state of affairs in r Hungary, by personal observation; this explanation can hardly be admitted, for it says very little as to the cause of the anxiety which was felt to ascertain the chances of the revolutionists. V Unfortunately," the language in which Mr. Mann’s instructions a were drawn gives us a very correct idea of their scope. This language was offensive to the Imperial Cabinet, for it designates the Austrian Government as an z'7'on rule, and represeiits the rebel chief, Kossuth,.as an illustrious man ; while improper ex- pressions are introduced in regard to Russia, the intimate and faithful ally of Austria. Notwithstanding these hostile demon»- strations, the Imperial Cabinet has deemed it proper to preserve a conciliatory deportment, making ample allowance for the igno- rance of the Cabinet of Washington on the subject of Hungarian affairs, and its disposition to give credence to ‘the mendacious rumors which are propagated by the American press. This ex- tremely painful incident, therefore, might have been passed over without any written evidence being left, on our part, in the archives of the United States, had not General Taylor thought‘ proper to revive the whole subject by communicating to the Senate, in his message of the 18th of last March, the instryuctions with which Mr. Mann had been furnished on the occasion of his mis-- sion to Vienna. The publicitywhich has been given to that document has placed the Imperial Government under the neces- . sity of entering a formal protest, through its ofliycialirepresenta- tive, against the proceedings of the American Government, lest that Governmentshould construe our silence into approbation, or 6 toleration even, of the principles which appear to have guided its action and the means it has adopted. In view of all these circumstances, the undersigned has been instructed to declare that the Imperial Government totally disap- proves, and will always continue to disapprove, of those proceed- ings, so offensive to the laws of propriety; and that it protests against all interference in the internal affairs of its Government. Having thus fulfilled his duty, the undersigned considers it a for- tunate circumstance that he has it in his power to assure the Secretary of State that the Imperial Government is disposedito cultivate relations of friendship and good understanding with the United States, relations which may have been momentarily weak- ened, but which could not again be seriously disturbed without placing the cardinal interests of the two countries in jeopardy. The instructions for addressing this communication to Mr. Clayton reached Washington at the time of General Taylor’s' death. In compliance with the requisitions of propriety, the undersigned deemed it his duty to defer the task until the new administration had been completely organized; a delay which he now rejoices at, as it has given him the opportunity of ascertaine- ing from the new President himself, on the occasion of the recep- tion of the diplomatic corps, that the fundamental policy of the United States, so frequently proclaimed, would guide the relations of the American Government with the other Powers. Even if the Government of the United States were to think it proper to take an indirect part in the political movements of Europe, American policy would be exposed to acts of retaliation, and to certain inconveniences, which could not fail to affect the com- -merce and the industry of the two hemispheres. All countries‘ are obliged, at some period or other, to struggle against internal difficulties 5 all forms of government are exposed to such disagree- able episodes ; the United States have had some experience in this verytecently. Civil war is a possible occurrence every p where, and the encouragement which is given to the spirit of in- 7 surrection and of disorder most frequently falls back upon those who seek to aid it in its developments, in spite of justice and wise policy. S A A . T The undersigned avails himself of this occasion to renew to the Secretary of State the assurance of his distinguished considera- t‘°“' HULSEMANN. To the Hon. DANIEL WEBSTER, Secretary of State of the United States. U The Secretary cf State to Mr. Hritlsemarm. DEPARTMENT or STATE, WASHINGTON, December 21, 1850. The undersigned, Secretary of State of the United States, had the honor to receive, some time ago, the note of Mr. I-Iiilsemann, Charge d’AfFaires of his Majesty, the Emperor of Austria, of the 30th September. Causes, not arising from any want of personal regard for Mr. Hiilsemann, or of proper respect for his Govern- ment, have delayed an answer until the present moment. t ‘ Hav- ing submitted Mr. Hiilse’mann’s letter to the President, the un-~— dersigned is now directed by him to return the following reply. , The objects of Mr. I-Iiilsernannfis note are, first, to protest, by" order of his Government, against the steps taken by the late Pre-~~ sident of the United States to ascertain the prpgress and probable» result of the revolutionary movements in Hungary; and, second»- ly, to complain of some ezxpressions in the instructions of theleater U Secretary of State to Mr. A. Dudley Mann, a confidentialagent of the United States, as communicated by President'I‘aylor to the Senate on the 28th of March last. i t t p y r The principal ground of protest is foundedon the idea, or in the allegation, that the Government of the United States, bythe mission of Mr. Mann, and his instructions, has interfered in the 8 domestic affairs of Austria in a manner unjust or disrespectful toward that Power. . The President’s message was a communica- tion made by him to the Senate, transmitting a correspondence between the Executive Government and a confidential agent of its a own. This would seem to be itself a domestic transaction, a mere instance of intercourse between the President and the Senate, in the manner which is usual and indispensable in communications between the different branches of the Government; . It was not addressed either to Austria or Hungary; nor was it any public manifesto, to which any foreign State was called on to reply. It was an account of its transactions communicated by the Execu- tive Government to the Senate, at the request of that body ; made public, indeed, butmade public only because such is the common and usual course of proceeding ; and it may be regarded as some- whatistrange, therefore, that the Austrian Cabinet did not per- * ceive that, by the instructions given to .Mr. Hiilsemann, it was itself interfering with the domestic concerns of a foreign State, . the very thing which is the ground of its complaint against the United States. i y This Department has, on former occasions, informed the Min- sisters of Foreign Powers that a communication from the President to either House of Congress is regarded as a domestic commpur1i~—- cation, of Which, ordinarily, no foreign, State has cognizance; and, in more recent instances, the great inconvenience of making such coxnmunications subjects of diplomatic correspondence and . discussion has been fully shown. If it had been the pleasure of his Majesty the Emperor of Austria, during the struggles in I-Iun- gary, to have admonished the Provisional Government or the , people of that country against involving themselves in disaster, . by following the evil and dangerous‘ example of the Uni1;ed,States of America in making efforts for the ‘establishment of independent ‘ Governments, such an admonition from that Sovereign to his flungarian subjects, would not have originated here a diplomatic correspondence. , The President might, perhaps, on this ground, 9 have declined to direct any particular reply to Mr. l-liilsemann’-s note 5, but, out of proper respect for the Austrian Government, it has been thought better to answer that note at length ,2 and the more especially, as the occasion is not unfavorable for the expres— sion of the general sentiments of the Government of the United States upon the topics which that note discusses. A leading subject in Mr. Hiilsemann’s note, is that of the cor- respondence between Mr. Hiilsemann and the predecessor of the undersigned, in which Mr. Clayton, by direction of the President, informed Mr. Hiilsemann ‘ ‘that Mr. Mann’s mission had no other object in View than to obtain reliable information as to the true state of affairs in Hungary, by personal observation.”’ l\/Ir. Hiilse- mann remarks, that “this explanation, can hardly be admitted, for it says very little as to the cause of the anxiety which was felt to ascertain the chances of the revolutior1ists."’ As this, however, is the only purpose which can, with any appearance of truth, be attributed to the agency; as nothing whatever is alleged by Mr. Hiilsemann to have been either done or said by the agent incon-~ sistent with such an object, the undersigned conceives that Mr. Clayton’s explanation ought to be deemed not only admissible, but quite satisfactory. Mr. Hiilsemann states, in the course of his V note, that his instructions to address his present communication to Mr. Clayton reached Washington about the time of the lamented ~death‘of the late President, and that he delayed from a sense of proprietyythe execution of his task until the new Administration should be fully organized: “a delay which he now rejoices at, as it has given him the opportunity of ascertaining from the new President himself, on the occasion of the reception of the diplo- matic corps, that the fundamental policy of the United States, so frequently proclaimed, would guide the relations of the American Government with other powers.” Mr. Htilsemann. also observes that it is in his power to assure the undersigned “that the Impe- rial Government is disposed to cultivate relations of friendship and good understanding with the United States.” The President 10 receives this assurance of the disposition of the Imperial Govern- ment with great satisfaction, and, in consideration of the friendly relations of the two Governments thus mutually recognised, and of the peculiar nature of the incidents by which their good under- standing is supposed by Mr. ‘I-Iiilsemann to have been, for a mo- ment, disturbed or endangered, the President regrets that Mr. Hiilseinann did not feel himself at liberty wholly to forbear from the execution of instructions, which were of course transmitted from Vienna without any foresight of the state of things under which they would reach Washington. If Mr. Hiilsemann saw in the address of the President to the diplomatic corps, satisfactory pledges of the sentiments and the policy of this Government, in regard to neutral rights and neutral duties, it might, perhaps, have been better not to bring one CllSCl§§SlQI‘1 of past transactions. But the‘ undersigned readily admits that this was a question fit only for the consideration and decision of Mr. Hiilsemann himself; and although the President does not see that any good purpose canbe answered by re-opening the inquiry into the propriety of the steps taken by President Taylor, to ascertain the probable issue of the late civil war in Hungary, justice to his memory requires the un- dersigned briefly to re~—state the history of those steps, and to show their consistency with the neutral policy which has invariably guided the Government of the United States in its foreign rela- tions, as well as with the established and well-settled principles of national intercourse, and the doctrines of public law. The undersigned will first observe that the President is persua- ded, His Majesty the Emperor of Austria, does not think that the Government of the United States ought to view, with unconcern, the extraordinary events which have occurred, not only in his clominions, but in many other parts of Europe, since February, 1848. The Government and people of the United States, like other intelligent governments and communities, take a lively in-- terest in the movements and the events of this remarkable age, jinlwhateveri part of the world theyimay be exhibited. But the 11 interest talien by the United States in those events, has not pro- ceeded from any disposition to depart from that neutrality toward foreign Powers, which is among the deepest principles and the most cherished traditions of the political history of the Union. It has been the necessary efiect of the unexampled character of the events themselves, which could not fail to arrest the attention of the contemporary world; as they will doubtless fill a memorable page in history. But the undersigned goes further, and freely admits that in proportion as these ezxtraordinary events appeared to have their origin in those great ideas of responsible and popular governments, on which the American Constitutions themselves are wholly founded, they could not but command the warm sym- pathy of the people of this country. Well known circumstances in their history, indeed their whole history, have made them the representatives of purely. popular principles of government. In this light they now stand before the world. They could not, if they would, conceal their character, their condition, or their destiny. They could not, if they so de- sired, shut out from the view of mankind the causes which have placed them, in so short a national career, in the station which they now hold among the civilized States of the world. They could not, if they desired it, suppress either the thoughts or the hopes which arise in men’s minds, in other countries, from con» templating their successful example of free government. That very intelligent and distinguished personage, the Emperor Joseph the Second, was among the first to discern this necessary consequence of the American Revolution on the sentiments andbopinions of the tpeople of Europe. In a letter to his Minister in the Netherlands in 1787, he observes that “ it is remarkable that France, by the as- sistance which she aflbrded to the Americans, gave birth to re-— flections on freedom.” This fact, which the sagacity of that monarch perceived at so early a day, is now known and admitted by intelligent Powers all over the world. True, indeed, it is, that the prevalence on the other continent of sentiments favora- 12 Esme to republican liberty, is the result of" the reaction of America upon Europe; and the source and centre of this re—action has , doubtless been, and now is, in these United States. The position thus belonging to the United States is a fact as inseparable from their history, their constitutional organization, and their charac- ter, as the opposite position of the Powers composing the Euro- pean alliance is from the history and constitutional organization of the Government of those Powers. The sovereigns who form that alliance have not unfrequently felt it their 1~ight to interfere with the political movements of foreign States _.; and have, in their manifestoes and declarations, denounced the popular ideas of the age in terms so comprehensive as of necessity to include the Uni- ted States, and their forms of government. It is well known that one of the leading principles announced by the allied sovereigns, after the restoration of the Bourhons, is, that all popular or con» stitutional rights are holden no otherwise than as grants and in» dulgences from crowned heads. “Useful and necessary changes in legislation and adrninistratiot1,” says the Layhach Circular of May, 1821, “ought only to emanate from the free will and intel- ligent conviction of those whom God has rendered responsible for power; allthat deviates from this line necessarily leads to dis»- «order, commotions, and evils far more insutferable than those which they pretend to remedy.” And his late Austrian Majesty, Francis I, is reported to have declared in an address to the Hun» garian Diet, in 1820, that “the whole world had become foolish, and, leaving their ancient laws, was in search of imaginary con- stitutions.” These declarations amount to nothing less than a denial of the lawfulness of the origin of the Government of the United States, since it is certain that that Government was estab- lished in consequence of a change which did not proceed from thrones, or the permission of crowned heads. But the Govern- menttof the United States heard these denunciations of its funda- mental principles without remonstrance, or thedisturbance of its t equanimity. This was thirty years ago. 13 The power of this Republic, at the p1'esent_j;1rnoInent, is spread over a region, oneof the richest and most fertile on the globe, and of an extent in comparison with which the possessions of the House of Hapsburg are but as a patch on the earth’s surface. Its i population, already twenty»-five millions, will exceed that of the Austrian empire within the period during which it may be hoped that Mr. I-Iiilsemann may yet remain in the honorable discharge a of his duties to his Government. Its navigation and commercerare‘ hardly exceeded by the oldest and most commercial nations; its maritime means and its maritime power may be seen by Austria, herself, in all seas where she has ports, as well as it may be seen,* also, in all other quarters of the globe. Life, liberty, property, and allpersonal rights are amply secured to all citizens, and pro- tected by just and stable laws ; and credit, public and private, is as well established as in any government of Continental Europe. And the country, in all its interests and concerns, partakes most. largely in all the improvements and progress which distinguish it the age. Certainly, the United States may be pardoned, even by . those who profess adherence to the principles of absolute governe ments, if they entertain an ardent affection for those popular forms of political organization which have so rapidly advanced» their own prosperity and happiness, and enableclthem, in so short aperiod, to bring their country and the hemisphere to which it I belongs, to the notice and respectful regard,not to say the admi» ration, of the civilized world. Nevertheless, the United States have abstained, at all times, from acts of interference with the» politicalchanges of Europe. ‘ Theycannot, however, fail, to] cherish always a lively interest in the fortunesof nations strug- gling for institutions like their own. But this sympathy, so far, from beingnecessarily a hostile feeling toward any of the parties to these great national struggles, is quite consistent withiamica- ble relations with them all. t y The Hungarian people are three or four times as numerous as the inhabitants of these United States i were when the American. Revolution broke out. They possess, . 14 in a distinct language, and in other respects, important elements of a separate nationality, which the Anglo—SaXon race in this country did not possess; and if the United States Wish success to coun~ tries contending for popular constitutions and national indepen- dence, it is only because they regard such constitutions and such national independence, not as imaginary, but as real blessings. They claim no right, however, to take part in the struggles of foreign Powers in order to promote these ends.‘ It is only in defence of his own. Government, and its principles and character,_ that the undersigned has now expressed himself on this subject. But when the United States behold the people of foreign countries without any such interference, spontaneously moving toward the “adoption of institutions like their own, itsurely cannot be expect» ed of them to remain Wholly indifferent spectators. In regard to the recent very important occurrences in the Aus- trian ‘empire, the undersigned freely admits the difficulty which exists in this country, and is alluded to by Mr. I-Iiilsemann, of obtaining accurate information. But this difliculty is by no means to be ascribed to What Mr. Hiilsemann cal1s—--with little justice, as it seems to the undersigned—--“the rnendacious rumors propa- gated by the American press.” For information on this subject, and others of the same kind, the American press is, of necessity, almost wholly dependant upon that of Europe; and if “menda-r cious rumors” respecting Austrian and Hungarian affairs have been any where propagated, that propagation of falsehoods has been most prolific on the European continent, and in countries immediately bordering on the Austrian empire. But, wherever ‘ these errors may have originated, they certainly justified the late President in seeking true information through authentic channels. His attention was first particularly drawn to the state of A thingsin Hungary, by the correspondence of Mr. Stiles, Chargé d’Att'aires of the~United States at Vienna. In the autumn of 1848, an ap-— plication was made to this gentleman, on behalf of Mr. Kossuth, formerly Minister of Finance for the kingdom of Hungary by Im-i 15 perial appointment, but at the time the application was made, Chief of the Revolutionary Government. The object of this application was to obtain the good oflices of Mr. Stiles with the Imperial Government, with a view to the suspension of hostilities. This application became the subject of. a conference between Prince Schwarzenberg, the‘ Imperial Minister for ForeignrAfi"airs, and Mr. Stiles. The Prince commended the considerateness and pro- priety with which Mr. Stiles had acted; and, so far from disap- proving his interference, advised him, in case he received a fur ther communication from the Revolutionary Government in Hun- gary, to have an interview with Prince Windischgrtitz, who was charged by the Emperor with the proceedings determined on in relation tothat kingdom. A weeleafter these occurrences, Mr. Stiles received, ihrough a secret channel, a communication signed a by L. Kossuth, President of the Committee of Defence, and coun- tersigned by Francis Pulsky, Secretary of State. On the receipt of this communication, Mr. Stiles had an interview with Prince Windischgratz, “who received him with the utmost kindness, and thanked him for his efforts toward reconciling the existing difficulties. ” Such were the incidents which first drew the atten- tion of the Government of the United States particularly to the affairs of Hungary, and the conduct of Mr. Stiles, though acting without instructions in a matter of" much delicacy, having been viewed with satisfaction by the Imperial Government, was ap-i proved*by that of the United States. ‘ . In the course of the year 1848, and in the early part of 1849, a considerable number of Hungarians came to the United States. Among; them were individuals representing themselves to be in the confidence of the Revolutionary Government, and by these persons the President was strongly urged to recognise the existence of that Government. a In these applications, and in the manner in ‘Which they were viewed bythe President, there was nothing unusu- al ; still less was there anything unauthorized by the law of nations. It is the right of every independent State to enter into friendly l6 relationswith every other independent State. Of course, ques- tions of prudence naturally arise in reference to new States, brought by successful revolutions into the family of nations 5 but it is not to be required of neutral Powers that they should await the recognition of the new Government by the parent State. N o principle of public law has been more frequently acted upon, within the last thirty years, by the great Powers of the world than this. Within that period eight or ten new States have established independent Governments within the limits of the colonial domin- ions of Spain, on this continent; and in Europe the same thing has been done by Belgium and Greece. The existence of all these Governments was recognised by some of the leading Powers of Europe, as well as by the United States, before it was acknow- ledged by the States from which they had separaied themselves. If, therefore, the United States had gone so far as formally to acknowledge the independence of Hungary, although, as the re- sult has proved, it would have been a precipitate step, and one from which no benefit would have resulted to either party ; it would not, nevertheless, have been an act against the law of na-- tions, provided they took no part in her contest with Austria. But the United States did no such thing. Not only did they not yield to Hungary any actual countenance or succor ; t not only did they not show their ships of war in the Adriatic with any menac- ing or hostile aspect, but they studiously abstained from every thing which had not been done in other cases in times past, and contented themselves with instituting an inquiry into the truth and reality of alleged political occurrences. Mr. Hiilsemann in- correctly states, unintentionally certainly, thc nature of the IIliS'~ sion of this agent, when he says that W a United States agent had been dispatched to Vienna with orders to watch for a favorable moment to recognise the Hungarian republic, and to conclude a treaty of commerce with the same.” i This, indeed, would have been as lawfulobject, but Mr. Mann’s errand was, in the first in- stance, purely oneof inquiry. He had no power to act, unless 17 he had first come to the conviction that a firm and stable Hunga- rian Government existed. “ The principal object the President has in view,” according to his instructions, “is to obtain minute and reliable information in regard to Hungary in connexion with the affairs of adjoining countries, the probable issue of the present revolutionary movements, and the chances we may have of form- ing commercial arrangements with that Power favorable to the United States.” Again, in the same paper, it, is said: “The object of the President is to obtain information in regard to Hun- gary, and her resources and prospects, with a view to an early , recognition of her independence and the formation of commercial relations with her.” It was only in the event that the new Gov- ernment should appear, in the opinion of the agent, to be firm and stable, that the President proposed to recommend its recogni- tion. a A Mr. I-Iiilsemann, inqualifying these steps of President Taylor with the epithet of “hostile,” seems totake for granted that the inquiry could, in the expectation of the President, have but one result, and that favorable to Hungary. If this were so, it would not change the case. But the American Government sought for nothing but truth ; it desired to learn the facts through a reliable channel. It so happened, in the chances and vicissitudes of hu- man affairs, that the result was adverse to the Hungarian revolu- tion. The American agent, as was stated in hisinstructions to be- not unlikely, found the condition of Hungarian affairs less prosperous than it had been, or had been believed to be. ~ He did not enter Hungary, nor hold any direct communication with her ‘ revolutionary leaders. He reported against the recognition of her independence, because he found she had been unable to setup a firm and stable government. He carefully forbore, as his iinstruc- tions required, to give publicity to his mission, and the undersigned supposes that the Austrian Government first learned itsexistence from the communications of the Presidentto the Senate.v A Mr.” Hiilsemann will observe from this statement that iMr. 2 18 Mann’s mission was wholly unobjectionable, and strictly within the rule of the law of nations, and the duty of the United States asa neutral Power. He will accordingly feel how little founda- tion there is for his remark, that “those who did not hesitate to assume the responsibility of sending Mr. Dudley Mann on such an errand, should, independent of considerations of propriety, have borne in mind that they were exposing their emissary to be treated as a spy.” A spy is a person sent by one belligerent to gain secret information of the forces and defences of the other, to be used for hostile purposes. According to practice, he may use deception, under the penalty of being lawfully hanged if detected. To give this odious name and character to a confidential agent of a neutral Power, bearing the commission of his country, and sent for a pur- pose fully warranted by the law of nations, is not only to abuse language, but also to confound all just ideas, and to announce the wildest and most extravagant notions, such as certainly were not to have been expected in a grave diplomatic paper ; and the Pre»» sident directs the undersigned to say to Mr. Hiilsemann, that the American Government would regard such an imputation upon it by the Cabinet of Austria, as that it employs spies, and that in a quarrel none of its own, as distinctly oflensive, if it did not pre- sume, as itis willing to presume, that the word used in the origi- nel German was not of equivalent meaning with “ spy” in the English language, or that in some other way the employment of such an opprobrious term may-be explained. Had the Imperial Government of Austria subjected Mr. Mann to the treatment of a spy, it would have placed itself without the pale of civilized na- tions ; and the Cabinet of Vienna may be assured that if it had carried, or attempted to carry, any such lawless purpose into‘ effect, 4, in the case of an authorized agent of this Government, the spiritof the people of this country would have demanded immer- diate hostilities to be waged by the utmost exertion of the power of the Republic, military and naval. , p r A, V V is Mr. Htilsemann proceeds to remark that “ this extremely pain»- 19 fulincident, therefore, might have been passed over, without any written evidencebeing left on our part in the archives of the~Uni- ted States, had not General Taylor thought proper to revive the whole subject, by communicating to the Senate, in his message of the 18th [28th] of last March, the instructions with which Mr. Mann had been furnished on the occasion of his mission to Vienna. . The publicity which has been given to that document has placed the Imperial Government under the necessity of entering a formal protest, through its official representative, against the proceedings of the American Government, lest that Government should con—~ strue our silence into approbation, or toleration even, of the prin- ciples which appear to have guided its actionand the means it has adopted.” The undersigned re-asserts to Mr. Hiilsemann, and to the Cabinet of Vienna, and in the presence of the world, that the steps taken by President Taylor, now protested against by the Austrian Government, were warranted by the law of na- tions and agreeable to the usages , of civilized States. With re- spect to the communication of Mr. Mann’s instructions to the Senate, and the language in which they are couched, it has already been said, and Mr. Hiilsemann must feel the justice of the remark, that these are domestic affairs, in reference to which the Government of the United States cannot admit the _slightest responsibility to the Government of his Imperial Majesty. No State, deserving the appellation of independent, can permit the language in which it may instruct its own oflicers in the discharge of their duties to itself to be called in question under any pretext by a foreign Power. But, even if this were not so,Mr._I;Iiilse— m,ann‘is,inan error in statingthat the Austrian Goviernnient is called an “ Iron Rule” in Mr. Mannie instructiionsg :’I,‘H.atph¢rase— is not found in the paper ; and in respect to the honorary epithet bestowed in Mr. Mann’s instructions on the la1;,e_,chief of the,Re-_ volutionary Government of Hungary, Mr. Ijitttspemannwiflbear in mind that the Government of the Unitedfitatescannot justly be expected, in agconfidential communicratiton to its ownagent, to 20 withhold from an individual an- epithet of distinction of which a great part of the world thinks him worthy, merely on the ground that his own Government regards him as a rebel. At an early stage of the American Revolution, while Washington was considered by the English Government as a rebel chief, he was regarded on the continent of Europe as an illustrious hero. But the undersigned will take the liberty of bringing the Cabinet of Vienna into the presence of its own predecessors, and of citing for its consideration the conduct of the Imperial Government itself. In the year 1777, the war of the American Revolution was raging all over these United States; England was prosecuting that war with a most resolute determination, and by the exertion of all her military means to the fullest extent. Germany Was at that time at peace with England; and yet an agent of that Congress, which was looked upon by England in no other light than that of a body in open rebellion, was not only received with great respect by the Ambassador of the Empress Queen at Paris, and by the Minister of the Grand Duke of Tuscany, who afterwards mounted the im- perial throne, but resided in Vienna for a considerable time; not, indeed, oflicially acknowledged, but treated with courtesy and respect; and the Emperor suffered himself to be persuaded by that agent to exert himself to prevent the German Powers from furnishingtroops to England to enable her to suppress the rebel- lion in America. Neither Mr. Hiilsemann, nor the cabinet of Vienna, it is presumed, will undertake to say that any thing said or done by this Government in regard to the recent war between Austria and Hungary is not borne out, and much more than borne out, by this example of the Imperial Court. It is believed that the Emperor Joseph the Second, habitually spoke in terms of respect and admiration of the character of ‘Washington, as he is known to have done of that of Franklin; and he deemed it no infraction of neutrality to inform himself of the progress of the Revolutionary strugglein: America, nor to express his deep sense of thevmerits and the talents of those illustrious men who were 21 then leading their country to independence and renown. The undersigned may add, that in 1781, the Courts of Russia and Austria proposed a diplomatic Congress of the belligerent Powers, to which the Commissioners of the United States should be ad- mitted. Mr. Hiilsemann thinks that in Mr. Mann’s instructions, improper expressions are introduced in regard to Russia; but the under- signed has no reason to suppose that Russia herself is of that opin- ion. The only observation made in those instructions about Rus- sia is that she “has chosen to assume an attitude of interference, and her immense preparations for invading and reducing the Hun- garians to the rule of Austria, from which they desire to be re- leased, gave so serious a character to the contest as to awaken the most painful solicitude in the minds of Americans.” The undersigned cannot but consider the Austrian Cabinet as unneces- sarily susceptible in looking upon language like this as a “hostile demonstration.” If weremember that it was addressed by the Government to its own agent, and has received publicity only through a communication from one Department of the American Government to another, the language quoted must be deemed moderate and inofFensive._ The comity of nations would hardly forbid its being addressed to the two Imperial Powers themselves. It is scarcely necessary for the undersigned to say, that the rela- tions of the United States with Russia have always been of the most friendly kind, and have never been deemed by either party to require any compromlse of their peculiar views upon subjects of domestic or foreign polity, or the true origin of Governments. At any rate, the fact that Austria, in her contestwith Hungary, had anintimate and faithful l ally in Russia, cannot alter the real nature of the question between Austria and Hungary, nor in any way affect the neutral rights and duties of the Government of the United States, or the justifiable sympathies of the American peo- ple; It is, indeed, easy to conceive, that favor toward struggling Hungary would be not diminished, but increased, ‘when it was 22 seen that the arm of Austria was strengthened and upheld by a Power whose assistance threatened to be, and which in the end proved to be, overwhelmingly destructive of all her hopes. Toward the conclusion of his note Mr. Hiilsemann remarks that “if the Government of the United States were to think it proper to take an indirect part in the political movements of Europe, American policy would be exposed to acts of retaliation, and to certain inconveniences which would not fail to affect the com- merce and industry of the two hemispheres.” As to this possi- ble fortune, this hypothetical retaliation, the Government and people of the United States are quite willing to take their chances and abide their destiny. Taking neither a direct nor an indirect part in the domestic or intestine movements of Europe, they have no fear of events of the nature alluded to by Mr. Hiilsemann. It would be idle now to discuss with Mr. Hiilsemann those acts of retaliation which he imagines may possibly take place at some indefinite time hereafter. Those questions will be discussed when they arise; and Mr. I-Iiilsemann and the Cabinet at Vienna may rest assured that, in the mean time, while performing with strict and exact fidelity all their neutral duties, nothing will de- ter either the Government or the people of the United States from exercising, at their own discretion, the rights belonging to them as an independent nation, and of forming and expressing their own opinions, freely and at all times, upon the great politi- cal events which may transpire among the civilized nations of the earth. Their own institutions stand upon the broadest principles of civil liberty; and believing those principles and the fundamen- tal laws in which they are embodied to be eminently favorable to the prosperity of States——-to be, in fact, the only principles of gov- ernment which meet the demands of the present enlightened age-mthe President has perceived, with great satisfaction, that, in the Constitution recently introduced into the Austrian Empire, many of these great principles are recognised and applied, and 23 he cherishes a sincere wish that they may produce the same happy effects throughout his Austrian Majesty’s extensive do- minions that they have done in the United States. The undersigned has the honor to repeat to Mr. Hiilsemann the assurance of his high consideration. W DAN’L WEBSTER. 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