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Accompanying the instructions there was a full power authorizing Mr. Mann, as "special and confidential agent of the United States to Hungary," to negotiate and conclude, with any person "duly authorized by the Hungarian Government," a commercial convention. The "sealed letter" to which the instructions refer was addressed to "His Excellency the Minister for Foreign Affairs of Hungary." It introduced Mr. Mann as "special and confidential agent of the United States to the Government of Hungary," and asked for him "a reception and treatment corresponding to his station and to the purposes for which he is sent."

pathy.

In the course of his instructions to Mr. Mann, Mr. Clayton observed that the "anxiety" which had been felt in the United Expressions of sym- States as to the fate of the Hungarian revolution, especially since the intervention of Russia, was "by no means inconsistent with the well-known and long-established policy of noninterference in the domestic concerns of other nations which has ever animated and governed the councils and conduct of the American Government." The United States desired, if it should appear that Hungary was able to maintain the independence she has declared,” to be "the very first to congratulate her, and to hail with a hearty welcome her entrance into the family of nations." The "best wishes" of the United States, said Mr. Clayton, attended her. A policy of "immobility, backed by the bayonet," had opposed the efforts of the "illustrious man," Kossuth, to effect reforms and ameliorate the condition of his countrymen. To the contemplation of American statesmen, Hungary offered "the interesting spectacle of a great people rising superior to the enormous oppression" that had "so long weighed her down." "She is now described to us," continued Mr. Clayton, "by those who profess to understand her position, as the representative of republicanism and of liberal principles. Her geographical extent and situation, and her population, productions, and mineral wealth, constitute resources whose development would speedily follow her successful struggle for independence. In this case new commercial prospects would be unfolded, and the port of Fiume, in the Adriatic, her only seaport, would become unlocked, and opened to admit the navigation and staples of the United States." The President therefore wished "to obtain information in regard to Hungary, and her resources and prospects, with a view to an early recognition of her independence, and the formation of commercial relations with her."a Mr. Mann proceeded to Vienna, but when he arrived there the revolution was practically ended, and he did not visit Hungary.'

a S. Ex. Doc. 43, 31 Cong. 1 Sess.; Br. and For. State Papers, XXXVIII. (1849-50), 260-264.

Political Science Quarterly, X. 264

"During the late conflict between Austria and Hungary, there seemed to be a prospect that the latter might become an independent nation. However faint that prospect at the time appeared, I thought it my duty, in accordance with the general sentiment of the American people, who deeply sympathized with the Magyar patriots, to stand prepared, upon the contingency of the establishment by her of a permanent government, to be the first to welcome independent Hungary into the family of nations. For this purpose, I invested an agent, then in Europe, with power to declare our willingness promptly to recognize her independence in the event of her ability to sustain it. The powerful intervention of Russia in the contest extinguished the hopes of the struggling Magyars. The United States did not, at any time, interfere in the contest; but the feelings of the nation were strongly enlisted in the cause, and by the sufferings of a brave people, who had made a gallant though unsuccessful effort to be free."

tions.

President Taylor's First Annual Message, 1849.

Mr. Abdy, in his edition of Kent (1878), 92, while approving the course of the
United States in regard to the recognition of the independence of the
Spanish-American States and of Texas, makes, of the passage above quoted,
the following criticism:

'Is it necessary to criticise a document in which two faults are at all events
visible, the delegacy of sovereign powers to an agent, and its victory of
sympathy and sentiment over reason and law. What would have been
thought of an English minister who should have directed an agent in the
Confederate States to declare the willingness of England promptly to recog-
nize their independence, in the event of their ability to maintain it?”
See, also, Lawrence, Com. sur les Éléments du Droit Int. I. 201.

With a special message of March 28, 1850, President Taylor communicated to the Senate, in response to a resolution Publication of Mr. of that body, the text of Mr. Mann's instructions.“ Mann's instruc- In his message President Taylor said: "My purpose, as freely avowed in this correspondence, was to have acknowledged the independence of Hungary, had she succeeded in establishing a government de facto on a basis sufficiently permanent in its character to have justified me in doing so, according to the usages and settled principles of this Government." Such being the President's design, the mission of Mr. Mann seems to have derived its exceptional character not so much from what it was intended ultimately to accomplish, as from the circumstances in which it was conceived and the manner in which it was to be executed. As Mr. Mann was authorized, in case he should find a Hungarian government in existence and should think it firm and stable, not only to present himself to it in an "official character," but also to pledge the President to receive from it a diplomatic agent, he was invested with discretionary powers as to the

@ Sen. Ex. Doc. 43, 31 Cong. 1 sess.

recognition of a new state such as never were confided, it is believed, to any other foreign agent of the United States." After the publication of Mr. Mann's instructions, the Chevalier Hülsemann, Austrian chargé d'affairs at Washington, was directed to enter a formal protest. When this protest was presented President Taylor was dead, and a reply was made by Mr. Webster, who had succeeded Mr. Clayton as Secretary of State.

Mr. Hülsemann's protest.

"The undersigned, chargé d'affaires of His Majesty the Emperor of Austria, has been instructed to make the following communication to the Secretary of State.

"As soon as the Imperial Government became aware of the fact that a United States agent had been despatched to Vienna, with orders to watch for a favorable moment to recognize the Hungarian 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 that proceeding, which is so much at variance with those principles of international law, so scrupulously adhered to by Austria, at all times and under all circumstances, towards the United States. In fact, how is it possible to reconcile such a mission with the principle of nonintervention, 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 inaugural address of March 5, 1849? Was it in return for the friendship 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 considerations of propriety, have borne in mind that they were 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 that a contest of a few months' duration could neither have exhausted the energies of that power, nor turned aside its purpose to put down the insurrection. Austria struggled against the French Revolution for twenty-five years; the courage and perseverance which she exhibited in that memorable contest have been appreciated by the whole world.

a No record exists in the Department of State of the sending of an agent to Vienna to investigate the acts of certain Venetian conspirators, among whom was Daniel Manin, and of Consul-General Sparks, during the revolution of 1848-49. (Dept. of State to Mr. Hetzler, Feb. 10, 1897, 215 MS. Dom. Let. 637.)

"To the urgent representations of the undersigned, Mr. Clayton answered 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. 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. Unfortunately, the language in which Mr. Mann's instructions 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 iron rule, and represents the rebel chief, Kossuth, as an illustrious man; while improper expressions are introduced in regard to Russia, the intimate and faithful ally of Austria. Notwithstanding these hostile demonstrations, the imperial cabinet has deemed it proper to preserve a conciliatory deportment, making ample allowance for the ignorance 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 extremely 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 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 construe our silence into approbation, or 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 disapproves, and will always continue to disapprove, of those proceedings, 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 fortunate circumstance that he has it in his power to assure the Secretary of State that the Imperial Government is disposed to cultivate relations of friendship and good understanding with the United States, relations which may have been momentarily weakened, but which could not again be seriously disturbed without placing the cardinal interests of the two coun. tries 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 ascertaining from the new President himself, on the occasion of the reception 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 commerce and the industry of the two hemispheres. All countries are obliged, at some period or other, to struggle against internal difficulties; all forms of government are exposed to such disagreeable episodes; the United States have had some experience in this very recently. Civil war is a possible occurrence everywhere, and the encouragement which is given to the spirit of insurrection and of disorder most frequently falls back upon those who seek to aid in its development, in spite of justice and wise policy.”

Chevalier Hülsemann to Mr. Webster, Sept. 30, 1850, S. Ex. Doc. 9, 31 Cong. 2 sess.; Webster's Works, VI. 488; Br. & For. State Papers, XXXVIII. 271.

"The undersigned, Secretary of State of the United States, had the honor to receive some time ago the note of Mr. HülseMr. Webster's reply. mann, chargé d'affaires of His Majesty the Emperor of Austria, of the 30th September. Causes not arising from any want of personal regard for Mr. Hülsemann or of proper respect for his Government have delayed an answer until the present moment. Having submitted Mr. Hülsemann's letter to the President, the undersigned is now directed by him to return the following reply:

"The objects of Mr. Hülsemann's note are, first, to protest, by order of his Government, against the steps taken by the late President of the United States to ascertain the progress and probable result of the revolutionary movements in Hungary; and, secondly, to complain of some expressions in the instructions of the late Secretary of State to Mr. A. Dudley Mann, a confidential agent of the United States, as communicated by President Taylor to the Senate on the 28th of March last.

"The principal ground of protest is founded on the idea or in the allegation that the Government of the United States, by the mission of Mr. Mann and his instructions, has interfered in the domestic affairs of Austria in a manner unjust or disrespectful toward that power. The President's message was a communication made by him to the Senate, transmitting a correspondence between the Executive Government and a confidential agent of its 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

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