Mr. Burlingame to Mr. Seward

No. 26.]

Sir: I have the honor to inform you that I have received your kind despatch in reply to No. 12, of mine, and that it is exceedingly gratifying to me.

Since I last wrote you, Prince Kung and suite have returned my visit. The conversations were full, frank, and friendly. I have also entered into a [Page 906] tolerably extensive correspondence with his Imperial Highness Prince Kung, as the communications I send will inform you. The first question for discussion, directly with the government, arose on the receipt, by the Prince, of my communication, marked A, requesting that instructions should be sent to the Chinese authorities at the treaty ports Hankow, Kiukiang, Newchwang, and Tientsin, to recognize the newly appointed consuls at those places. This they had, in a manner, refused to do, because these consuls were men engaged in trade. In support of their position, they cited a casual remark in a letter written by one of my predecessors, Mr. Reed, to the effect that the United States did not appoint as consul any men thus engaged—a remark totally without the authority of precedent or law. Prince Kung, in his reply, marked B, taking the extract from Mr. Reed for law, proceeds to make complaint that such men should be appointed. In my reply, marked C, I maintain our right to appoint them. I refer to the fact that the French and Russians have, in China, such consuls, and explain the meaning, as far as I can, of Mr. Reed’s language, and ask the Prince if it is not better, where we have large trade, to have these men rather than none at all. The result has been, that while, as yet, they do not admit in any despatch my position, they have in interviews done so, and have sent, or say they have, the proper instructions to their officers.

I think, myself, that the policy of appointing men engaged in trade not a good one; but it was necessary to have some one, and I did the best I could, and selected men of such excellent character as to preclude all idea of corruption. Still, the business houses, not having consuls, imagine that they are taken at a disadvantage, and complain. I, therefore, earnestly recommend that, at the ports of Hankow, Kiukiang, and Tientsin, the consuls should be salaried. The next subject for communication, rather than discussion, is disclosed in the communication of Prince Kung, marked D, in which he states that he has received a communication from the governor of Kiangsei, informing him that the rebels had raised 500,000 taels with which to purchase steamers in the United States, and begs, after thanking me for what I had already done in that direction, that I would write again to my government, warning it against the intentions of the rebels. Not receiving an immediate reply to that communication, as I was at Tientsin, where I had gone to meet my family, he addressed another communication to me, marked E, in which he reiterates his statement about steamers, and makes a grave charge against my countrymen for selling arms to rebels, and urges me to stop them. In my reply, marked F, I stated the origin of the rumor about the purchase of steamers, that I had heard it as early as December last, when I immediately communicated it to my government, from which I had received a reply that it had no knowledge of any such transactions. I intimated that this was a revival of that rumor, and stated that there could be no danger from the rebels on the sea, because of the overwhelming force opposed to them there. As to the selling of arms, of which he justly complained, I told him that I had, ever since I had been in the empire, done all I could to prevent such things, and that all the officials of the United States had done the same thing, and were still ready so to do; that he had brought no specific charges against my countrymen. I denounced the trade in contraband articles, and said that I was ready, and ever had been, to consult and co-operate with the officers of his government and those of the treaty powers, to the end that this traffic might be prevented; that my countrymen, equally with his own, were suffering from lawless men. I pointed out the dangerous practice, on the part of Chinese officials, of granting “permits” to land arms, by which this trade could be facilitated. I stated, specifically, in that communication, and orally, to be communicated to Prince Kung, that these “permits” had prevented the seizure of arms. Mr. Bruce, the British minister, when he heard that I had made this suggestion, immediately supported it in the most positive language, and said to the medium of communication, in substance, that “standing [Page 907] together here we will do our part, and the Chinese government must do its duty.”

The Chinese government is sorely tried by rebels, lawless foreigners, and corrupt local officials. But I hope for the best. There is one great man in the government, Wensiang, who is master of the situation, and who comprehends the grave condition of affairs, and earnestly and uncorruptibly strives to maintain the integrity of the government. The representations of the treaty powers, without exception, sympathize with the government. If it can maintain itself for a few years the danger will be passed and order restored peacefully, without subjecting the whole empire to one of those gigantic struggles through which nations sometimes pass when moving from a lower to a higher form of civilization.

I have the honor to be your obedient servant,

ANSON BURLINGAME.

Hon. William H. Seward, Secretary of State, Washington, D. C.

A.

Mr. Burlingame to Prince Kung

The undersigned (with titles) begs to inform your imperial highness that he appointed Mr. William Breck, an American, to act as consul for the United States at the port of Kiukiang, in January of the present year, and that he has entered upon the duties of his office at that place. In communicating this, the undersigned, as it behooves him, requests that orders may be transmitted to the proper local authorities of that port to receive the consul in a friendly manner, aid him in obtaining suitable dwellings or in leasing ground for building them, and exert themselves to promote amicable relations, so that everything may proceed to the common advantage of all parties.

The undersigned desires, likewise, to inform your imperial highness that, in May of last year, the acting commissioner of the United States, Commodore Stribling, appointed Mr. Charles D. Williams to act as American consul at the port of Hankow, and that he has also entered on the duties of his office; it is proper to request that the local authorities there may be instructed to receive him in that capacity, and extend to him all the facilities in fulfilling its duties that the treaty requires.

ANSON BURLINGAME.

His Imperial Highness Prince Kung, Secretary-in-Chief for Foreign Affairs.

B.

Prince Kung to Mr. Burlingame

Prince Kung, secretary-in-chief for foreign affairs, herewith sends in reply: I have received your excellency’s despatch of the 29th ultimo, in which you state that you have appointed William Breck to perform the functions of consul of the United States at the port of Kiukiang, and that Charles D. Williams has gone to the port of Hankow to act as United States consul, requesting that orders be transmitted to the local officers at those ports to receive both these officials, and facilitate them in the execution of their duties, as far as the treaty requires, &c., &c.

[Page 908]

I see, on referring to a despatch of Mr. Reed, the late United States minister, dated November 10, 1858, sent to the high minister Kweiliang, and others, then imperial commissioners, that he says, “as to consuls being engaged in trade, the law of his country now is that no one shall be consul who is engaged in trade;” yet the consul of the United States at Kiukiang, Mr. Breck, the acting consul at Hankow, Mr. Williams, and also Mr. J. B. Forbes, the acting consul at Tientsin, who have all been appointed by United States ministers, are each and all persons who cannot by this law be engaged in trade.

Further, I have lately received a despatch from the general in charge at Shinking that the acting United States consul, Mr. Knight, at Ninchwang, has opened a house of business called the Tungchinhong, and this also is in contravention of the despatch of Mr. Reed.

I have, therefore, in communicating these points to your excellency, to request that you will examine them and inform me whether or no such instructions can be sent to these consuls, that they need no longer engage in trade.

His Excellency A. Burlingame, United States Minister to China.

C.

Mr. Burlingame to Prince Kung

The undersigned, envoy extraordinary, &c., &c., has the honor to acknowledge the receipt of your Imperial Highness’s communication of the 21st instant, in which you refer to the fact that the acting American consul at Ninchwang, Mr. Knight, has established a commercial house, and that this proceeding is contrary to the stipulations of the treaties with foreign powers. The undersigned has examined in relation to this point, and can find no stipulation in the treaties forbidding a man who is engaged in trade to perform consular functions, and (begs to add) that both the French and Russian nations have also consuls, who are likewise merchants. In respect to the reply of the late United States minister, Mr. Reed, upon this point, it may be observed that it referred to the consuls of the United States then at the five ports, to which places the government has designated officers with salaries; but it has not yet done so with regard to the newly opened ports, as Hankow, Tientsin, Ninchwang, &c. If persons who are suitable for such posts are not temporarily appointed to do their duties at ports like these, where American ships come in great numbers, then to whom shall consular functions be intrusted? Is it not much better to have some one in the office than to let it remain vacant? Such a course cannot be considered to be against propriety; and these remarks will also serve for a reply to the despatch of your highness of the 3d of September. Both that communication and the one under reply shall be forwarded to the United States, and when the government sends officers to fill these consulates, notice of the same shall be given.

With respect to the conduct of Mr. Knight, in becoming surety for Tang Sing-kii, who owed money to Li Hanwan, the undersigned has no information, but will make inquiry into the circumstances, and then communicate on the matter. He need here only state that he will allow nothing to be done which is improper, nor permit any one to screen a person in wrong-doing for his own private ends.

ANSON BURLINGAME.

His Imperial Highness Prince Kung, Principal Secretary of State for Foreign Affairs, &c., &c., &c.

[Page 909]

D.

[Translation.]

Prince Kung to Mr. Burlingame

Prince Kung, principal secretary of state for foreign affairs, herewith sends a communication.

On the 13th of last April the governor of the province of Kiangie informed me as follows:

“I have heard it rumored that the Taiping rebels have employed certain unprincipled merchants to go to the United States and privately buy steamers, arms and cannon, and have advanced 500,000 taels for this purpose. When Mr. Burlingame, the American minister, reached Shanghai, I laid the proofs of this report before him. He replied that he had also heard it, and had already written to his government, to the end that investigation might be made and the proceedings stopped. His sentiments were most cordial and earnest. General Ward, of the Invincibles, had likewise requested him to write, as soon as possible, to prevent the scheme.”

From this despatch I have learned that as soon as your excellency heard that the Taiping rebels had engaged unscrupulous traders to go to the United States to purchase vessels and cannon, you instantly wrote to have the thing stopped. Sich, the commissioner of the ports, had also learned the same facts at a subsequent interview.

I shall also myself be obliged if you will again write, since I have such full evidence of your friendly wishes towards this country. The rebels are full of schemes, and the traders stick at nothing for gain, so that I am afraid, our precautions being inadequate, lest they elude our vigilance, and we suffer through their craftiness.

I make this communication, therefore, that your excellency may again request a precautionary search to be made (in the United States) and the purchase of these articles by the rebels prevented.

His Excellency Anson Burlingame, Envoy Extraordinary and Minister Plenipotentiary U. S. A. to China.

Note.—The term rendered above “Taiping rebels,” is “hairy insurgents,” in the original.

E.

[Translation.]

Prince Kung to Mr. Burlingame

Prince Kung, chief secretary of state for foreign affairs, herewith sends a communication.

The governor of Kiangsie having reported to me that he had heard it rumored that the (Taiping) rebels had employed crafty traders to go privately to the United States to buy vessels and cannon, for which purpose they had deposited the sum of 500,000 taels, I immediately made it known to your excellency, to the end that you might write to your country and have the matter inquired into in time. The purport of that despatch was limited to informing you of the conduct of the rebels in sending, in this underhand way, to the United States to buy articles.

[Page 910]

More recent information, from ports along the sea-coast and rivers, confirms the previous accounts that traders, belonging to the United States, have been carrying arms and cannon through the country to sell to the rebels, and rendering them assistance, all with the object of getting gain; and thus it has come to pass that General Ward, who recently lost his life in the engagement near Ningpo, was, as it is rumored, wounded by a shot from a foreign gun. It can but be inferred that if there were no merchants to surreptitiously sell these weapons, how could the rebels otherwise obtain them, and kill our men? Furthermore, I am told that foreigners, armed with similar ones, aid them in destroying and resisting our officers.

The United States has long been at peace with China, and friendly relations are daily becoming more sincere; but when one learns that General Ward, an American, sacrificed his life in defending the cause of China, while men of the same race readily aid the rebel, and do all they can to prevent the continuance of peaceful relations, it is difficult to understand the reasons. Though it is impossible to tell certainly of what nation these men are, still, such a state of things must implicate the reputation of your country, and I, accordingly, inform your excellency, in the hope that you will presently despatch orders to the (American) consuls at the ports, requiring them to take strict measures to prevent their countrymen from secretly selling arms to the rebels, or aiding them in any manner. The conduct of these contrabandista, in the first-mentioned instance, was sufficiently important for our taking instant measures to stop their proceedings; but their criminality in this case is still more heinous, and no trifling with the matter should be allowed, (by the consuls,) lest the position of the United States be compromised, and the integrity of China be destroyed. If, however, my suggestions be followed, both our interests will be preserved.

I have already issued the most positive orders to all the local authorities along the coasts, and in those regions, urging them to increase their vigilance, and requiring them to seize any one, whether foreigner or native, who may be found smuggling arms, and punish them to the full extent of the laws without the least delay. I trust that you will also be so good as to look into this matter, and favor me with a reply; for the purpose of this communication is to inform you of all these particulars, and that such orders have been forwarded to the provinces.

His Excellency Anson Burlingame, United States Minister, &c., &c.

F.

Mr. Burlingame to Prince Kung

The undersigned, envoy extraordinary and minister plenipotentiary of the United States to China, has the honor to acknowledge the receipt of two communications from Prince Kung, principal secretary of state for foreign affairs, one dated September 20, and the other October 12, calling attention to a supposed violation of treaty on the part of his countrymen, by trading in steamers and arms contrary to law.

To these communications the undersigned has the honor to reply that as early as December last he learned, through Chief Justice Adams, of Hong Kong, that the Rev. Mr. Roberts, then in the rebel service, had informed him of an intention, on the part of the rebels, to purchase steamers in the United States, and that they had raised the sum of money your highness mentions for that purpose. He immediately addressed a communication to his government, stating what he had heard. To that communication he received a reply, informing him that after careful inquiry the government could not learn of any transaction of [Page 911] the kind. He subsequently met Mr. Roberts, after he had declared against the rebels, and inquired concerning the report; Mr. Roberts informed him that the rebels intended to have purchased steamers, but that, having no money, they had abandoned the idea of doing so. He is inclined to believe, unless your highness has certain knowledge to the contrary, that the present report is but a reiteration of the Roberts story. The rebels could not hope to do anything with steamers, for the imperial forces, with the war vessels of the treaty powers, would not permit them to float one day in safety. He will, however, call the attention of his government once more to the subject, and do all he can to prevent the citizens of his country from violating, in any way, the treaty.

With regard to the selling of arms to the rebels, and other contraband articles, of which your highness justly complains, he has to say that ever since he has been in the empire he has, by word and by deed, made every possible effort to prevent his countrymen from doing these things. At Ningpo and Shanghai, his country’s consuls, with his sanction and under his direction, aided in seizing arms, and will do so again. He is ready, and so are all the officers of the United States, on land and sea, to consult and co-operate with the officers of the Emperor and the treaty powers, to the end that trade in contraband articles may be prevented. His honest countrymen, equally with those of your highness, are suffering from the lawless conduct of a few villains, who are lending themselves to murder for gain. Your highness does not call the attention of the undersigned to any specific violation of treaty by his countrymen He is not aware that there is any certain evidence that the brave General Ward was shot by any foreigner, much less by one of his own countrymen. The undersigned would call your highness’s attention to what he deems the dangerous practice, on the part of the Chinese officials, of granting permits to parties to land arms, to be held in port until they may be purchased by the Chinese government. When so placed, it is almost impossible to prevent a portion of them from being diverted from their legitimate use. The undersigned has reason to believe that when his country’s officers have sought to seize arms, as contraband, they have thus been protected.

The undersigned renews to your highness assurances of his high consideration.

ANSON BURLINGAME.

His Imperial Highness Prince Kung.