Mr. Burlingame to Mr. Seward
No. 44.]
Legation of the United States,
Peking,
June 23, 1863.
Sir: You are aware from my previous despatches
that when General Ward was killed, General Burgevine, the next in
command of the force, was, through the efforts of Vice-Admiral Sir James
Hope, Sir Frederick Bruce, the British minister, as I now learn, and
myself, put in his place. The pecuniary affairs of the force under Ward
were not in first-rate condition, from the fact that he left them
entirely to the hands of the local Chinese officials.
When General Burgevine took the command he undertook to reform its
affairs. This conduct on his part at once raised the indignation of the
corrupt Chinese officials who had been making money out of the Chinese
government in the name of the Ward force, and they formed a conspiracy
to put him out. He was nominally under the military direction of
Governor Li, who ordered him, without preparation, to attack Nanking;
this he could not do, as the authorities would not aid with supplies. At
last, the men of the force, without pay, became mutinous, and threatened
their Chinese leaders with death. Burgevine kept them together. Takee,
whose business it was to supply money, failed to do it; but, under the
fear of the force, promised General Burgevine that if he would come to
Shanghai he should have the money to pay the force. The money was there
delivered to the general, and he paid the troops with it; but after it
was delivered, Takee, who is thought to be anything but honest,
intending to have a rupture with Burgevine, insulted him in the most
gross manner, to such a degree that Burgevine, though a mild man, lost
control of himself and struck him. This was all Takee wished. Burgevine
was instantly denounced as a robber of public money, a reward of 50,000
taels was offered for his head, and every conceivable charge made
against him; and though the force wished to defend him against these
men, he would not permit it, but appealed at once to Peking. Before I
learned these facts, I received from Prince Kung a despatch, marked A,
in which all manner of charges are made against General Burgevine. In a
short time I received General Burgevine’s statement, with evidence to
sustain it, covering forty or fifty pages. I at once had it translated
[Page 943] and sent to the Prince,
with a letter marked B, in which I did not claim any right to have
General Burgevine restored to the command, or to interfere in their
affairs, but expressed the hope that, when he should examine the facts,
he would not permit one who had so long, and, I believed, honestly
served the Chinese government, to be lost to it; that I was sorry he did
not wait, before publishing his despatch, to hear Burgevine’s story,
&c. As to the claim he made to try General Burgevine by Chinese law,
I utterly denied his right to do so, and informed him that no citizen of
the United States could be tried but by the consuls of his country, and
according to the laws of the United States. General Burgevine came to
Peking. After a great many conferences with the members of the
government, and a great many explanations, the government was convinced
that the general had been wronged, and undertook to restore him to the
command.
My colleagues became as much interested in his case as I was, and
unitedly sustained him.
Sir Frederick Bruce wrote, after a full examination of the evidence, the
letter marked C, which disproves the charges which had been brought
against him. In my interview I learned that all power in the south along
the Yangteze had been given to Changkwokfau, and that Governor Li, an
able Chinese, was a creature of his, and the sum to do was to restore
Burgevine without offending these local authorities. It was then
understood that what had been said on both sides should go for nothing,
and that I should write a request that Burgevine should be restored, and
if restored, that he would try to make things go smoothly; that they
would reply in a letter, which would “save the faces,” as they called
it, of the local authorities, and that they would send an officer with
General Burgevine to explain privately to Governor Li why the general
should be restored. I wrote the letter marked D, and they responded in
the letter marked E. General Burgevine proceeded to Shanghai,
accompanied by an officer, but upon his arrival it was found impossible
to secure his restoration; and the government, to conceal their weakness
with their local authorities, tried to cover their failure by pretending
that they had new charges, which they made in the despatch marked F.
When they found that I would not permit such charges to go unchallenged,
and that I required proof of them, they then changed again, and in
private admitted that they knew Burgevine was innocent, but that they
were afraid to do him justice because of the local authorities. I then
said if the local authorities were stronger than they were, then I must
see them. I only desired to know where the government of China was. They
then said if General Burgevine would go to Shanghai and relieve his
character from the charges in relation to accounts, they would fulfil
their promise. I consented to this. They changed again, and said a
witness had arrived who would meet Burgevine face to face, and that he
need not go to Shanghai. I assented to this; but before the day of
meeting they refused to permit General Burgevine to meet the
witness.
I found that the witness was Seih, late superintendent of trade at
Shanghai, and that he pretended to have new charges. I objected to his
proceeding with them in the absence of General Burgevine, and stated
that if he did I would not remain. He did not proceed. I then found that
through their desire to please me, and their fear of Changkwokfau and
Governor Li, they had gotten themselves into a most embarrassing
position. I then said to them, as we had discussed the question for
weeks, and as I had disproved the charges again and again, that I must
insist upon a final interview; that I had no right to require that they
should employ Burgevine— indeed that he now utterly refused to be
employed by them; but that, as an American citizen’s reputation was
dearer to him than life, it was my right and my duty to see to it, that
the charges which had been disproved to the [Page 944] satisfaction not only of myself, but of all my
colleagues, should be withdrawn.
It was agreed, at a final interview, that if I would disclaim the right
to have him employed, and state the charges which had been made against
him, they should be withdrawn. I addressed to him the letter marked G,
to which I received in reply the letter marked H; which, so far from
withdrawing the charges, reiterated a portion of them, and made the
singular statement that if he were innocent they would not hurt him,
&c. I then felt that it was necessary to end the subject by sending
a kind of ultimatum, which I did in letter marked
I, in which I stated that I did not wish to discuss the subject any
further, but that if they did not withdraw the charges stated in a
former despatch within two days, I should take it for granted that the
Chinese government refused to do justice, and should take such action as
the case required. In the afternoon of the second day I received the
letter marked J, in which the charges are all withdrawn. To this I
replied, expressing my satisfaction, in letter, marked K. Thus ended
this most protracted affair. I do not send you all the papers, for they
would make a volume, but content myself with this brief history of the
case, and with sending only such despatches as illustrate it.
The result is, my relations are better than ever with the Chinese, and
the whole subject of employing foreigners has been considered by the
legations at Peking, and the conclusion arrived at, that we do not think
it wise to encourage our people in putting themselves in positions where
they may be subject to the grossest injustice from the Chinese, and
become the cause of dangerous complications among ourselves.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, &c., &c., &c.
A.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary for foreign affairs, communicates the
following:
On the 4th of this moon (January 22, 1863,) a communication was
received from Li, the governor of Kiang Su, in which he states the
following:
Some time ago I ordered the “Ever-Conquering Legion” (Ward’s men) to
join the imperial army, and, in conjunction with it, be ready for an
attack on Nanking. Burgevine had gone to Ningpo to bring his troops,
but, unaccountably, did not make his appearance. In the mean time I
was informed by Wu, the Taoutai of Susung, (the Taoutai residing in
Shanghai,) that on the 29th of the 10th moon (December 20, 1863,)
he, the Taoutai, had brought up some steamers to Chinkiang,
intending to wait there until all the troops should be got together,
and then start at once to attack Kiowfuchow. At that time Burgevine
had already returned from Ningpo to Shanghai, but still refused to
obey orders to join the imperial troops, alleging that he was not
well. I then ordered the Taoutai, Wu, and officer Yangfung, to come
up at once to Chinkiang with the rest of the steamers. Soon
afterwards I received a communication from Fangchwanshu, the prefect
of Sungkiang, in which he states the following: On the 14th of the
11th moon (January 3, 1863,) Burgevine arrived at Sungkiang, and
shut the gates of the city. The prefect found out the reason why
Burgevine did so was because he had not received the pay due his
troops, and that he [Page 945]
intended, therefore, to pillage the city. The prefect having
remonstrated with him, and promised that he would get at once the
pay due his troops, he returned to Shanghai.
It turned out, in fact, that his troops had received their pay up to
the 9th moon. Moreover, the officer Yangfung promised to let him
have the rest of the pay immediately on his starting for
Nanking.
Burgevine flatly refused to do any such thing, and also said he would
throw up his commission. Yangfung began to reason with him; but he
left him in a passion. He then went to Sungkiang, and brought back
with him some of his armed men, with whom he entered the dwelling of
the said Yangfung at Shanghai; made a violent assault on the latter,
striking him on the forehead, nose, and chest, causing him thereby
to expectorate blood without ceasing; and finally seized with force
upon treasure found in Yangfung’s house, amounting to more than
$40,000, which money was designed to be paid to the troops. All
these facts I have been apprized of by the above-mentioned prefect
of Sungkiang, who also petitioned me that I would arrest Burgevine,
to punish him according to the law. Moreover, I am informed that
Taoutai Wu and officer Yangfung requested General Stavely to
remonstrate with Burgevine on his conduct, and that the general and
Consul Medhurst told them that they did inform Burgevine that he
must at once resign his command, and wait until his case should be
decided by the Chinese authorities. Now it appears to me, that
Burgevine being in the Chinese service, and having also obtained an
official rank (3d degree) from the Chinese government, and hence
became a Chinese subject, having now offended against law, he ought
of course to be dealt with according to the law of China. Thus far
the statement of Governor Li. Prince Kung finds that Burgevine had
originally a command in the “Ever-Conquering Legion,” under the
authority of Ward. As to Ward himself, it is well known how
generously the Chinese government rewarded him for his exertions and
merits. He was raised to the rank of general; and when he died of
the wounds received in battle, the governor of Kiang Su at once
informed his imperial Majesty of it. His Majesty graciously
conferred upon him great honors, (posthumous,) and in an edict
eulogized him in a manner highly conducive to his glory, (Ward’s.)
Now, Burgevine, being already an officer in Ward’s army, was, on the
death of the latter, put in command over the troops. He has already
been raised to the third degree. This being the case, he ought, of
course, to treat others in the manner he has been treated, be ready
to act whenever his services are required, and be obedient to
orders. But instead of all this, he first refused to obey the order
given him to proceed to Nanking; then made an outrageous attack on a
fourth-rank officer, and finally seized with force upon $40,000. The
Prince is of the opinion that Burgevine, being now a Chinese
subject, and having offended against the law of this country,
certainly ought to be arrested and punished in accordance with the
law of China. If this shall not be the case, then there could be no
impartial application of the law, both of foreign countries and of
this government. He has therefore already transmitted an order to
the governor of Kiang Su, Lieh, to manage in one way or another to
have Burgevine arrested, and then proceed with him according to law.
The Prince communicates this to your excellency, and begs that you
would instruct the American consul in Shanghai to lend his aid in
the arrest of the said Burgevine, so that he might be brought under
punishment.
A communication to his excellency the honorable Anson Burlingame,
minister plenipotentiary and envoy extraordinary of the United
States of America to China.
The 7th of the 12th moon, in the first
year of the reign of Tungchi, (January 25,
1863.)
[Page 946]
B.
Mr. Burlingame to Prince Kung
Sir: I have the honor to state, in
reference to the communication of your imperial highness of the 7th
of the 12th moon, that I have just received by mail the facts in
relation to Burgevine, as stated by many witnesses at Shanghai; and
that your highness may have them, I send herewith a full translation
of them, and beg to say that I find a variance from the statement
made to you by Governor Li; and so great is that variance, that I
regret that your highness did not, before sending to arrest
Burgevine, wait to hear from him. Surely the man who had built up
Ward’s force by his organizing ability, who had fought in all the
battles with that force with success, and who had been many times
greviously wounded in the Chinese service, was entitled to less
summary treatment. As a friend of the Chinese government, desiring
to see the rebellion put down and Ward’s force kept together, I
recommended Burgevine. As the English had Osburn on the sea, I
thought it was fair to keep an American at the head of the “Ever
Conquering Legion” on the land, not to antagonize the English, for
we are friends, and have a common interest in your prosperity.
Indeed, Sir James Hope was the first to recommend Burgevine; and Mr.
Bruce has informed me that he approved of that recommendation. I
deeply regret that anything should have occurred to destroy our
hopes. Though I disclaim any right to interfere in your affairs,
still you will not take it unkindly from a friend if I express the
hope that even yet the difficulty with Burgevine may be arranged,
and a brave and, I believe, honest officer retained in the Chinese
service. By all the testimony, his affair with Takee was his only
fault; and but for that fault, the Chinese force would have been
dissolved. A short time since, Burgevine seized 12,000 taels’ worth
of contraband arms from one of my own countrymen for the Chinese
government; and when the case was appealed to me, I at once decided
that the arms rightly belonged to the Chinese government by
confiscation.
Touching the question of punishment, I have looked carefully over the
treaty, and find that he cannot be punished except by his own
consul, and according to the laws of the United States. If he has
committed any offence, he will certainly be punished by the consul.
Your highness must see that the doctrine claimed by Governor Li
would drive every foreigner from your service, both in the
custom-house and army, and would make it impossible for us to assist
each other, as we are now doing.
I have, &c.,
Prince Kung, Chief
Secretary for Foreign Affairs.
C.
Mr. Bruce to Prince Kung
Sir: Some time since your imperial highness
addressed me a despatch on the steps taken by Chinese authorities at
Shanghai with respect to General Burgevine. Although it is not my
duty to take any part in the discussion, as that officer is not
English, still the great interest I take in the defence of Shanghai
and in the pacification of the country, and a desire to afford to
your imperial highness reliable information, led me to inquire
minutely into [Page 947] the facts. I
have now the honor to state the conclusion at which I have arrived,
on evidence that is complete and satisfactory, Putting aside the
circumstances and details, which do not seriously affect the case,
the charges of impatience against General Burgevine are reduced to
two: 1st. That, in spite of his orders, he did not really undertake
the expedition to Nanking. 2d. That he forcibly carried off money
from Takee, and violently assaulted him.
On the first head I have to state that I have the evidence of Captain
Holland to prove that the Chinese authorities were in error in
thinking that General Burgevine was hanging back.
The English military and naval officers had objected to the
expedition, on the ground that Burgevine’s troops were not strong
enough to attack the place with hopes of success. But Burgevine’s
opinion was different; and they had yielded to his representations,
and were furnishing him with the necessary military stores, when the
unfortunate misunderstanding took place which stopped the
expedition, with its hope of success. Unfortunately the Chinese
authorities are not acquainted with the wants of troops that have to
move with artillery and stores; and no doubt they thought there was
waste of time, when in fact there was only an unavoidable delay.
On the second point: I have seen the letter from Takee to General
Burgevine, informing him that the money was ready for the payment of
the troops, and asking him to send men to receive it. I have the
evidence of Captain Holland and others that the troops, whose pay
was a month in arrear, and who receive no rations, were mutinous,
and would have proceeded to acts of violence had Burgevine not
pledged his word that the money should be paid. I have the evidence
of the witnesses who were present that the money was not taken
forcibly, but was paid voluntarily. It was afterward that Takee
applied terms of abuse to General Burgevine, so great and
disgraceful that the latter lost his temper and struck him. The
general regrets that he did so; but the person to blame was Takee,
whose conduct, indeed, in the whole transaction, was disgraceful,
and who has done great injury to the imperial cause.
In conclusion, I can state that I have formed a high opinion of
General Burgevine’s qualifications for the post he occupies. He is
brave, honest, conciliatory in his manner, and is sincerely desirous
of serving the Chinese government, as he looks upon this country as
his home. His appointment excites no jealousies, such as will
probably arise should any other officer be put in his place; and as
he must look exclusively to the Chinese government for his reward,
your imperial highness may depend upon it that you will find in him
a sincere disposition to carry out his instructions, as far as,
according to his military knowledge, he thinks them practicable and
safe.
I am, &c.,
D.
Mr. Burlingame to Prince Kung
Legation of the United States, Peking
, 1863.
Sir: I have examined carefully the evidence
in relation to General Burgevine, most of which has been submitted
to your Imperial Highness, and have arrived at the conclusion—
1st. That he did all he could to go to Nanking, and was on the point
of leaving when the unfortunate difficulty with Takee occurred.
[Page 948]
2d. The trouble with Takee sprung from a misunderstanding between the
General and Takee, after the money had been delivered.
Now, as to the first point, it must be admitted that no blame
attaches to General Burgevine; and as to the second, he was in fault
for striking Takee, for which fault he tenders his regret and makes
an apology. General Burgevine has been nearly three years in the
Chinese service; he has been wounded seven times; he has never been
charged with any fault, and though he has fought in nearly one
hundred battles, has never been beaten. Ward’s force has been
largely organized by him; he has grown up with it, and he knows how
to get on with the men; without him there is danger that it will be
lost to the imperial government: indeed, it has already suffered
disasters when not led by him I know General Burgevine to be a
friend of the Chinese and their government, and that he intends to
remain in their service as long as he is permitted to do so with
honor. Now, in view of these things, and as a sincere friend of the
imperial government, desirous of seeing the rebels put down and
order restored; and knowing the friendship of your Imperial Highness
for my country, I have to request that General Burgevine shall be
restored to the command of the “Ever-Conquering Legion.” I fully
recognize that the force that General Burgevine is to command is a
Chinese force, and subject in its general direction to the authority
your Imperial Highness shall indicate. I can inform your Imperial
Highness that the English and Russian ministers are equally desirous
with myself that General Burgevine shall be restored to his old
command, and that they will co-operate with me in lending him and
his force such countenance as may not be inconsistent with treaty
obligations. I pledge myself that General Burgevine will do all he
can to make things go smoothly, and to aid the governor in
suppressing the rebellion.
I have, &c.,
E.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary for foreign affairs, communicates a
reply:
On the 18th of the present moon, April 5, I had the honor to receive
a communication from your excellency, in which your excellency
states that Burgevine’s trouble with Takee occurred after the money
had been delivered; that no blame can be attached to Burgevine for
not going to Nanking, but that he was in fault in striking Takee,
for which he also tenders his regret, and is ready to make an
apology. Your excellency also requests that Burgevine should be
restored to the command of the “Ever-Conquering Legion,”
which your excellency says is equally the desire of the British and
Russian ministers; and, furthermore, your excellency pledges himself
that Burgevine will do all he can to make things go smooth, and to
aid the governor in suppressing the rebellion.
On a former occasion I had the honor to receive a despatch from your
excellency with reference to the same subject, in which your
excellency states that it was you who recommended Burgevine, and you
express a hope that such a brave and honest officer will be retained
in the Chinese service; moreover, that Admiral Hope also recommended
Burgevine. I carefully examined these statements and communicated a
reply. But, truly, Burgevine having committed an assault upon Takee,
if he had been a Chinese, he would long since have been apprehended
and severely punished without any [Page 949] allowance being made; but the governor of
Kiangsu, taking into consideration the fact of his being a
foreigner, and not knowing [Chinese] manners, has, therefore, simply
petitioned the imperial government to have him dismissed the
service, to have his case examined into, and decided according to
what is right. Furthermore, the Taoutai Wu and Takee, having gone
security for Burgevine, were immediately after the occurrence of the
difficulty degraded, and a fine of money imposed upon them, to the
amount of cost, (through the difficulty.) Now, the individual who
had gone security, and been, moreover, the assaulted party, was thus
summarily punished; how, then, could Burgevine, who was the author
of this whole trouble, be supposed to be let off altogether? And
yet, without waiting for the decision of the governor of Kiangsu, he
came up to the capital, which conduct of his not only rendered it
impossible to decide impartially as to who is right and who wrong,
but is also altogether contrary to right principles.
However, since your excellency explicitly states that you fully
recognize the force Burgevine is to command as a Chinese force, and
subject to its general directions, and since your excellency,
moreover, guarantees that Burgevine will do all he can to make
things go smooth, and that he desires to apologize; in short, since
he repents, and your excellency vouches for him, it looks as if in
the future no such acts will be repeated by Burgevine.
However, Governor Li has the command of that department, (Kiangsu;)
he is the highest civil and military authority there; he alone
exercises the power of punishing or rewarding officers; if,
therefore, Burgevine, on returning to Shanghai, should indeed
express his regret for what he has done, and promise in all things
to obey the governor in the future, and no more commit anything
unprincipled, I believe that Governor Li will certainly settle the
matter in a special manner. As to restoring to Burgevine his former
rank, I beg to state that in China, if any officer, civil or
military, happens to be degraded, and if still desirous to serve,
must first exert himself to accomplish something extraordinary, then
his former delinquincy is pardoned and his rank restored to him.
Should Burgevine, on being employed again, indeed succeed to
annihilate rebels and retake many places, then his rank will be
restored to him. If not, then of course the laws of China could not
be disregarded in favor of Burgevine, and thereby afford to the
military force of the country matter to complain of, and give
occasion to others to imitate a bad example.
A communication to his excellency
the honorable A. Burlingame, minister, &c., &c.,
&c., the 22d day of the 2d moon, in the 2d year
of the reign of Tungchi, (April 9,
1863.)
F.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary, &c., &c., makes a
communication:
Burgevine, having robbed public money and committed an assault upon
an officer, ought, according to law, to have been arrested and
punished. Your excellency wrote many despatches with reference to
his case. In them you strongly expressed yourself to the effect that
Burgevine repented and that he would certainly reform. You also
transmitted a copy of statements made in his favor by the officers
of the “Ever-Conquering Legion.” Hence, I, on my part, seeing that
Burgevine was willing to repent, and that your excellency vouched
for him in such strong terms, thought that these were not empty
words, and therefore afforded him an opportunity to reform, and make
amends for his past conduct, and ordered him to return to Shanghai,
and wait for the orders of the governor of Kiangsu. But [Page 950] now a despatch has been
received from the said governor, in which he states that, since
Burgevine committed the outrage, both natives and foreigners have
regarded him as a bad man, and were alarmed at hearing that he was
returning to Shanghai, and intending to take again the command of
the force; that since Burgevine returned to Shanghai, he, in
conjunction with the petty officers who had been dismissed the
service, were circulating false reports, to which no stop could be
put, thereby increasing the alarm and uneasiness already
entertained; that the officers of the whole force presented a
petition to him, (the governor,) in which they state that, just when
everything was made ready to start on a military expedition, the
officers, both native and foreign, hearing that Burgevine was coming
back to take command of the force, became suspicious and distressed,
showing hesitation and an unwillingness to proceed, all which may
prove an impediment to the prosecution of the war; in short, the
question whether Burgevine should again be employed or not involves
the question whether the public interest should be injured or not;
and they (the officers) begged that the affairs should be examined
into and settled. Thus far the governor’s statement. Now I find that
the offence committed by Burgevine is of a very grave character
indeed. In China there is no such principle by which men or officers
guilty of such an tim could escape the punishment provided by law.
The reason why I, for a acte, made allowance in Burgevine’s case,
and ordered him to go back to Shanghai, was simply because your
excellency so strongly interceded for him, and vouched for his good
conduct. But now, according to the statement of the governor of
Kiangsu, it appears that both the Chinese and foreign officers (of
the force) are not willing to submit (to the arrangement of having
Burgevine restored to the command.) And hence it is apparent that
the alleged statement of the officers, formerly transmitted by your
excellency, are all false and spurious, fraudulently gotten up by
Burgevine, hoping that he would be able thereby to ward off the
punishment due to him, and be restored to the command of the troops.
I have, moreover, heard the reason why he came to this place the
first time was, because, whilst in Shanghai, he had handed in
fraudulent accounts of debts; the bills, being found to amount to
sums greater than was thought he had really spent, were, of course,
repudiated by the authorities at Shanghai. Seeing that he was
baffled in his schemes, he proceeded to the capital, intending to
make false accusations. From this it is manifest that also his
insatiable cupidity well harmonizes with the character of a villain.
Being deceived by him, your excellency took up his part, and
defended him, and vouched for his conduct; but now, seeing that both
the native and foreign officers are suspicious (of him,) the case
then seems to be that he, misleading you, you misled me. I am now
informed that he has arrived at Tientsin without a passport, and
intends to come hither again. Freely thus coming and going, just
according to his own pleasure, regardless of all law and order, is
unprincipled to the very extreme. I have, therefore, instructed his
excellency the commissioner of trade at the three ports to arrest
Burgevine, and at once deliver him over that he might be punished
according to the law of China. In the case, however, he should pass
through Tientsin, and secretly arrive at this capital, I expect that
your excellency will hand him over to the foreign office, so that he
might be punished in a manner we should think proper. Such
individuals as he are greatly injuring the reputation of your
country. I therefore suppose that your excellency will no more be
indulgent to him.
A communication to his excellency the honorable Anson Burlingame,
&c., &c., &c.
The 22d day of the 3d moon, in the 2d year
of the reign of Tungchi, (May 9,
1863.)
[Page 951]
G.
Mr. Burlingame to Prince Kung
Legation of the United
States, Peking,
June 1, 1863.
I have the honor to inform your Imperial Highness that I have not
claimed, nor shall I at any future time claim, the right to have
General Burgevine employed by the Chinese government, while such
employment, in my opinion, would be but the full measure of justice
due him for his honorable services.
But while I disclaim this right, it is my right and duty to see to it
that he shall not be injured by improper charges against his
character. The reputation of an American citizen is worth more to
him than life. The following charges have been made against General
Burgevine: 1st, that he robbed public money; 2d, that he presented a
spurious memorial; 3d, that his accounts were false; and 4th, that
he improperly disobeyed orders.
As these charges have not been sustained by proof, but, on the
contrary, have been found upon investigation to be untrue, I must
insist, in the most respectful but positive manner, upon their
withdrawal.
I have, &c.,
Prince Kung, Chief
Secretary for Foreign Affairs.
H.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary for foreign affairs, makes a
communication:
I have the honor to receive your excellency’s last despatch with
reference to the Burgevine affair. In answer, allow me to state that
I find of all the charges brought against Burgevine, the most
serious is that of his disobeying orders. And the reason is, because
the rebels at Nanking, having heard that the Chinese government had
ordered the “Ever-Conquering Legion” to proceed to attack Kewfuchow,
they (many troops at the said place, intending to oppose the forces
sent against it) having afterwards been informed that Burgevine
disregarded orders—that for more than two months he was delaying,
and finally refused to proceed—they at once attacked and succeeded
to capture Pukow, Kiangpu, Hochow, and Hanshaw, and the result was
that some hundreds of thousands of Chinese subjects were miserably
destroyed. Now, the troops commanded by Burgevine did cost the
Chinese government some millions of taels, and then caused by such a
misconduct several hundred thousand Chinese to perish. This is an
offence which can by no means be excused. Again, it was Takee who
first recommended and went security for Burgevine, and, moreover,
supported and assisted him with money for some years. His conduct
then towards Burgevine was certainly very generous and liberal.
Notwithstanding all this, the latter made a violent assault upon him
in his own residence, and inflicted injuries upon his body. This is
another offence which cannot be excused. As to the other accusations
brought against Burgevine, allow me to express my opinion, that in
the case of any charges and accusations brought against an
individual, if he be indeed innocent, although not a single word
should be spoken toward the clearing of said charges, his innocence
must, in the course of time, manifest itself, as a matter of course.
This is an established principle. And [Page 952] since your excellency explicitly assures us
that you will not compel (the Chinese government) to employ
Burgevine again, it follows that, by not discussing these points
again, his reputation will by no means suffer any injury.
Your excellency also mentions the fact that Burgevine served the
Chinese government for some years, &c., &c. I beg to state
that with reference to this point, that when Burgevine served the
Chinese government, the Chinese government amply rewarded him for
his services, and this more than on one occasion. Twice he was
promoted by imperial decrees, &c, &c. He did, therefore,
long since receive benefits fully adequate to his services. On the
whole, there ought to be no distinction made between a Chinese and a
foreigner. Allow me to ask a question: suppose a military officer in
the service and pay of the United States should disobey the orders
of his superior, and cause thereby some failure or disaster, what,
according to the laws of foreign countries, would be his punishment?
Once more: Burgevine did, really and voluntarily, hand in a petition
to be allowed to become a Chinese subject. The paper with his
personal signature can, if necessary, be produced as evidence. And
since he did thus become a Chinese subject, he ought to have been
dealt with according to the laws of China. However, since your
excellency did so many times intercede for him, I shall not insist
upon this point. I am now waiting for an imperial decree to have
Burgevine expunged from among the number of Chinese subjects, and
then I expect your excellency will order him to America, and there
be dealt with according to the laws of your country.
A communication to his excellency
Hon. Anson Burlingame, &c., &c. 25th day of the 4th moon, in the 2d year
of the reign of Tungchi, (June 11,
1863.)
I.
Mr. Burlingame to Prince Kung
Legation of the United
States, Peking,
June 15, 1863.
I have the honor to inform your Imperial Highness that your
communication in relation to General Burgevine is entirely
unsatisfactory. After all that has been said and written, and the
promise verbally made to me, and the kindly relations existing
between our two nations, it is not what I had a right to expect. But
I cannot enter further into discussion of the subject, and wish to
inform your Imperial Highness that if the charges stated in my last
despatch are not withdrawn within two days, I shall take it for
granted that the imperial government refuses to withdraw them, and
shall feel at liberty to take such action as the case may
require.
I have, &c.,
Prince Kung, &c.,
&c., &c.
J.
Prince Kung to Mr. Burlingame
Prince Kung, &c., &c., herewith replies upon business:
On the 16th instant I received your excellency’s communication, in
which you remark, respecting the case of General Burgevine, “that
the whole [Page 953] subject having
been fully discussed between us, I now desire that all the several
charges made against him by those who have falsely accused him shall
be entirely withdrawn in a despatch to me, &c., &c. In my
former communication I only said that General Burgevine, being in
the pay of the imperial government, had seriously interfered with
and misled the operations of the army in the attack on Yangfrang;
the other (charges) of his having seized the public moneys and
robbed the government treasury are entirely cleared, and no longer
alleged against him. In the despatch under reply your excellency
observes, in regard to the question of employing him further, that
you do not wish to press it, and that on this point there need be no
dispute between us or dissatisfaction felt. Consequently, I need not
discuss this point any more, and, therefore, all the charges made
against him are entirely obliterated and withdrawn, and the whole
matter is, therefore, finished. It is for this purpose that I reply
and submit it to your excellency.
His Excellency Anson Burlingame.
June 18, 1863,
(or Tungchi, 2d year, 5th moon, 3d
day.)
K.
Mr. Burlingame to Prince Kung
Legation of the United
States, Peking,
June 19, 1863.
I hasten to acknowledge the receipt of your Imperial Highness’s
despatch of yesterday’s date, and to express my satisfaction at the
manner in which you have settled the question in dispute between us.
It is by acting thus, in a spirit of fairness and justice, that the
amicable relations between our two countries are to be strengthened
and perpetual peace maintained.
I have, &c.,
ANSON BURLINGAME.
Prince Kung, Secretary in Chief for Foreign
Affairs.
