Mr. Burlingame to Mr. Seward
No. 55.]
Legation of the United States,
Peking,
November 6, 1863.
Sir: I have the honor to forward to you several
documents relating to the wrecks of American vessels on this coast and
my action thereon; they would have been sent sooner had I not expected
some definite information respecting the loss of the Kien-wan.
The first (enclosure A) is my reply to Charles Kelson, giving my reasons
for declining to bring his claim for indemnity for his losses to the
notice of the Chinese government. He estimated his personal losses at
$2,622, but nothing has yet been presented to me on account of the ship
and cargo by the owners or underwriters.
The second (enclosure B) is a similar answer addressed to O. B. Bradford,
esq., the United States vice-consul at Amoy, giving my reasons for not
presenting the claim of Frank J. Luders for losses sustained by him and
others to the amount of $18,000 by the wreck of the brig Askanderia on
Formosa. These two letters contain the principal facts about both these
wrecks, so that I do not send more; and I refer to them as containing my
reasons for not demanding indemnity of this government for losses
sustained thereby, and I hope you will approve the grounds for so doing.
The subject is a difficult one to settle satisfactorily, but the conduct
of the Chinese officers on occasions of wrecks is in general humane.
Wrecks are frequent along this coast, and some of them are attended with
much suffering. In most cases the lives of the unfortunate crews are
safe, even if their vessels and cargoes are plundered, however, and the
ruthless wreckers themselves are restrained from killing the men by a
fear of condign punishment.
I am informed that when the thirteenth article of the American treaty was
under discussion, the Chinese negotiators were desirous to learn the
usages in. western countries respecting wrecks, and refused to modify it
so as to take the responsibility for the lawlessness of their subjects
towards shipwrecked people. I am desirous to learn the views of the
government on this question, and, in order not to hamper it in any way,
I refrained from all reference to a claim in my note to the Chinese
government. (Enclosure C D.)
The other two papers (enclosures E F) show that the treatment of
castaways in other parts of the coast is sometimes in marked contrast to
the experience of Captain Nelson, and I am told that such instances of
kind treatment are not un common. I have not yet learned the proper name
of the Kien-wan, (for the Chinese characters do not convey the true
sound,) but as soon as the details of the wreck come to hand I will
inform you, for I think the case a very good one (if the facts turn out
to be true) for special approbation and reward on the part of the United
States government. If I could obtain the insertion of a notice in the
Peking Gazette that the prefect of Fah-chan had been allowed to receive
a present for this kindness to American citizens, the effect might be
encouraging to other officials in similar cases. Whenever native vessels
are [Page 338] wrecked, the shore people
usually pounce upon them and take the hull and cargo as their lawful
property, and the crews seldom try to defend their vessels.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State.
A.
Mr. Burlingame to Mr. Nelson
Legation of the United
States,
Peking,
June 30, 1863.
Sir: I did not receive your favor of
December 26, 1862, until some time last month, after I had learned
the loss of your ship and the sufferings experienced by yourself and
Mrs. Nelson and the crew, through Sir Frederick Bruce, her Britannic
Majesty’s plenipotentiary. The circumstances attending the loss of
the Lucky Star were most distressing, more so than has usually been
the case among the unhappy casualties along that part of the coast
of Formosa, and I desire to tender yourself and Mrs. Nelson my
sincere sympathies with your misfortunes. It was a relief to learn
that no lives were lost through the cruel treatment of those
barbarous natives; and I have already conveyed my thanks to Mr.
Braune, her Britannic Majesty’s acting consul at Tanshwai, and to
Baron Meritens, for their active kindness in rescuing you all.
The claim which you have made upon the Chinese government through me
for indemnity for personal losses can be pressed upon it only under
the provisions of article thirteen of the treaty relating to
shipwrecks. The account that you have sent me does not show that any
application was made to the Chinese authorities in that part of the
island to relieve the crew or save the cargo, though it is likely
that nothing they could have done would have rescued the latter from
their lawless subjects. If you will read that article you will
perceive that a plain distinction is made between the acts of
officials and the violence of their subjects, the responsibility of
the imperial government being limited to the former. In all the
treaties lately made with it, the complicity of its own agents in
such cases forms the ground for a claim of indemnity. In the present
case a demand for compensation for loss of the ship and cargo (which
would of course be regarded as identical with your own) would be
decided adversely on the same grounds; and, in this view of the
case, I may add, incidentally, that I am supported by the British
minister.
It is well known that the Chinese authorities are often unable to
restrain their subjects along their coasts, though their own
intentions might be most friendly. The pirates and wreckers that now
infest many parts will, I hope, gradually be restrained, and during
the last twenty years much has been done to put them down, but the
provisions of our treaty are clear with regard to the liability of
the Chinese rulers.
Under these circumstances, therefore, I am constrained to decline to
prefer your claim for indemnity. I shall, however, bring the
incidents of the wreck to the notice of the authorities, with a
request that orders be sent to the local magistrates of Tanshwin to
exert themselves more vigorously in relieving shipwrecked crews
thrown on their coasts. I am, respectfully, yours,
Charles Nelson,
Late Master of the Lucky Star.
[Page 339]
B.
Mr. Burlingame to Mr. Bradford
Legation of the United
States,
Peking,
June 30, 1863.
Sir: I beg to acknowledge your favor of the
13th ultimo, informing me of the confirmation of your appointment of
vice-consul at Amoy, and congratulate you on this evidence of the
approval of the government.
I have re-examined all the papers relating to the claim of Frank J.
Luders, late master of the brig Iskanderia, for indemnity for losses
sustained in the wreck, including the reply of the Chinese officers
to Mr. Hyatt, on his demand for the payment of some rice and money
alleged to have been obtained from or on account of the wreck; and
the result leads me to the conclusion that we have not sufficient
grounds in the premises for making a demand upon the Chinese
government for indemnity.
From the evidence it appears that the prefect of Taiwan did send some
soldiers and others to the assistance of the sufferers as soon as
application was made, though perhaps too late to be of any real
service; but by doing so he came within the letter of the treaty in
respect to furnishing assistance, while, by his offer of $200 to the
captain, he further showed his willingness to aid the crew in
reaching home. It would be idle to suppose that any large portion of
a cargo of rice would remain to be salved, after even two or three
days, under the circumstances, and I do not think the local
authorities can be held responsible for this condition of
things.
In order to establish a claim for indemnity, the complicity of the
Chinese officers in robbing a wrecked vessel is to be proved, and in
this case the opposite was the fact; the only complaint made against
them being that their power was weak, and their aid useless against
the violence of the natives. The ferocity and insubordination of the
inhabitants of that part of China is a well-known trouble to the
rulers, and their weakness may gradually be strengthened, so that
better government may arise; but this state of things is excepted in
the treaties, and the power of the local officers to afford relief
to needy foreigners must be estimated by their general ability to
manage their own subjects.
I am compelled, therefore, on a careful review of this case, to
conclude that the claim for losses in the wreck of the Iskanderia
does not come within the meaning of article XIII of the treaty, and
constitute a valid claim on the Chinese government, and you can
inform the applicants to this effect.
I shall, however, bring the circumstances to the notice of the high
authorities, with a request that orders may be sent to the officials
in Taiwan to exert themselves actively in rescuing such American
vessels as may unfortunately be lost on Formosa.
I am yours, respectfully,
Oliver B. Bradford, Esq., Amoy.
C.
Mr. Burlingame to Prince Kung
Legation of the United
States,
Peking,
July 28, 1863.
Sir: The United States consul at Amoy has
informed me that the American ship Iskanderia was lost on Formosa,
December 27, 1861, on her way from Taiwan to Amoy, at a place called
Pu-tai-tsin, in the district of Kia-i, distant [Page 340] about ten miles from the city of
Taiwan. The ship was half imbedded in the sand when the villagers
robbed her of everything, but did not wound the crew. The captain
reported the wreck to the prefect of Taiwan, and besought protection
and help; but he moved so tardily, that before any officials reached
the spot the villagers had carried off everything, to the loss of
more than $20,000.
I have also learned that the American ship Lucky Star, on her passage
from Shanghai to Hong-Kong, went ashore on Formosa, last November,
between Tanshwin and Kilung. When she was seen, more than two
thousand natives arrived with knives and spears, assembled on the
beach to watch her, and when the captain with his wife and son
reached the shore with a boat’s crew, they were all robbed of their
clothes, the female of her ornaments, and thus stripped, carried
several miles into the interior and held for a ransom of a thousand
dollars. The other sailors made their way to Tanshwai, and reported
these proceedings to the officers, who declined to act on the
instant. The foreigners there learning the state of the case,
collected a party of men, and went to the place to bring away all
the party, but they found that the ship and her cargo of cotton,
valued at $80,000, had been entirely plundered.
I have learned the truth of these reports, and bring the
circumstances of these two wrecks to the notice of your Imperial
Highness, in connexion with the provisions of the XIIIth article of
the United States treaty, which stipulates that when a vessel is
wrecked, the local Chinese officers shall, on learning the case,
afford all the protection and aid possible, and not permit the
natives to injure and rob her. The coasts of Formosa are exceedingly
dangerous to navigators, and it would appear from these two cases
that the local authorities there have either no power to restrain
the people, or are too dilatory and negligent to do it; and I,
therefore, avail myself of the occasion to request that particular
orders may be sent to the proper officers on Formosa to exert
themselves to afford all the protection to shipwrecked persons and
property they are able. It might be proper, too, to inform the
natives generally, through their head man, that when they assist in
saving persons and property from wrecked vessels, a portion of what
is saved will be given to the salvors, as is the usage in western
countries, according to the toil and danger incurred in protecting
it.
I have the honor to be, sir, your obedient servant,
His Imperial Highness Prince Kung,
&c., &c., &c.
D.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary of state for foreign affairs, herewith
sends a reply
I have the honor to acknowledge the despatch of the 28th ultimo, in
which your excellency informs me that “in December, 1861, the
American ship Iskanderia, on her voyage from Taiwan to Amoy, was
driven ashore by a storm at Pu-tai-tsin, in the district of Kia-i,
where she was stranded; that when the case was reported to the
authorities of Taiwan city, they were so dilatory in affording
relief that the villagers on the spot had already completely
plundered the vessel.
“Also, in another instance, that the ship Lucky Star, on her voyage
from Shanghai to Hong-Kong, was driven ashore near Ki-lung, in
Formosa, and broken up; that the wife and son [of the captain] were
seized by the natives and plundered, and afterwards held for ransom,
while others of the crew reported the circumstances to the
authorities at Tanshwin; but they, also, would [Page 341] not exert themselves to afford any
help, and the whole of the cargo of cotton and the wreck were
carried off by the natives. You, therefore, request that orders may
be given to the local authorities of those places to exert
themselves, and afford aid and protection in such emergencies.”
It is well understood that whenever foreign vessels are wrecked or
driven ashore [upon our coasts] by tempests, or [their crews] suffer
injury or robbery at the hands of natives, that the officers at the
place, on hearing the facts of the case, shall do all in their power
immediately to save and relieve the sufferers; but in the
above-mentioned cases the authorities at Taiwan and Tanshwin failed
to exert themselves when the masters of the two vessels reported
their losses. However, neither of these instances having been
kitherto reported to the foreign office by the officials of Fukien
province, the statement now received from your excellency shall be
copied for transmission to the governor general of the province,
directing him to make inquiry, and report upon the same; and,
moreover, specially to enjoin on the authorities along those coasts
to exert themselves, in all cases of wrecks, to save and succor the
sufferers, as far as lies in their power. And to this end I now
reply.
His Excellency Anson Burlingame,
United States Minister, &c., &c.,
&c.
(August, 2, 1863,) Tunchi 2d year, 6th
moon, 18th day.
E.
[Untitled]
Prince Kung, chief secretary of state for foreign affairs, herewith
sends a communication.
I received a despatch on the 4th instant from the general in command
at Mukten, enclosing a report from the military magistrate at
Fuh-chan,* to the following effect:
“On the 24th of September the American ship Kien-wan, on her passage
along the coast near the mouth of the Han-kia river, was driven by a
tempest on the ledges and wrecked. A linguist (or comprador) came
and reported the disaster at this office, and begged that two junks
might be hired to take off the cargo, and carry it to Yingtsi, at
the same time handing in a despatch from Mr. Knight, the United
States consul there. Soldiers and policemen were accordingly
detailed to go to the spot and carefully guard the property; and
seeing that the vessel was fast on the rocks, I had the cargo taken
ashore and stored in a fish warehouse hired for the purpose. This
place (i. e., Fuh-chan) lies along the
sea-side, however, has no harbor or shipping, nor is there any
regular price for hiring boats.
“After this there came in another despatch of the linguist,
requesting that four policemen might be retained in charge of the
property, and a large junk be immediately hired to proceed to the
spot to be in readiness for use at the ship, as a small one would
not serve. I accordingly despatched a messenger post haste to
Niang-Niang to hire a junk; and lest the merchants should become
impatient, I wrote to inform them that Fuh-chan was a very small
incommodious place, and really furnished no large junks that could
be hired.
“Shortly afterwards the consul sent for nine Americans to go to
Yingtsi to get a junk. So I engaged three carts for them, and
detailed a gens d’armes to accompany them. On the 27th the captain
of the ship went off to the reefs, and set fire to the vessel, which
was entirely burned: He also urgently pressed [Page 342] the hiring of a vessel; and on the
30th three junks arrived from Niang-Niang, with the messengers. He
immediately put aboard all the goods which were stored on shore into
two of the junks, all in good order, nothing being lost or left, and
sailed the same day for Tingtsi, full of joy and grateful for the
accommodation.”
It is the rule that whenever a foreign vessel is disabled or wrecked
within Chinese territory, the local authorities at the place shall,
on being informed thereof, devise means to assist the crew and save
the cargo. Now, in this instance of the ship Kien-wan, lost on the
shoals near Han-kia river, within the jurisdiction of the magistrate
of Fuh-chau, it appears that the latter, on receiving the despatch
of Mr. Consul Knight, forthwith sent policemen to the spot to look
after things, hired a house to store the goods in, and, seeing no
junks could be engaged there, despatched men to go to Niang-Niang to
procure three, into which the cargo was laden without loss or
injury. It may justly be said that the officers at Fuh-chau have
exerted themselves in every way to afford their help and
protection.
In the despatch [from Mukten] there is a sentence, however,
respecting the linguist’s despatch, which
needs to be noticed, for it is contrary to the treaty; and if the
linguist did himself write an official communication, (as if he were
a consul,) such presumption should be reprimanded and the practice
stopped. If it is not, I am afraid that when another instance like
the present occurs, the local officers will be offended at its
impropriety, and refuse to receive the document, whereby detriment
may perhaps result to the distressed seamen. I have accordingly
notified the general in command at Mukten to send a copy of the
linguist’s despatch for the information of the consul, that he may
reprove the man.
I also inform your excellency of these occurrences that a notice may
be sent to merchant captains, that if they meet with disasters along
the coast, where a consul’s help cannot be obtained, they had better
resort to the magistrate’s office, state their case, and ask for
assistance; but by no means get the linguist to write a
communication in the name of the consul.
His Excellency Anson Burlingame,
United States Minister.
October 8, 1863—Tungchi, 2d year, 8th
moon, 26th day.
F.
Mr. Burlingame to Prince Kung
Legation of the United
States,
Peking,
October 12, 1863.
Sir: I have the honor to acknowledge the
despatch of your imperial highness of the 10th instant, in which you
inform me of the loss of the American ship Kien-wan, on the 27th
ultimo, by a storm, and that her crew had been indebted to the
military magistrate of Fuh-chau for hiring a junk and making
arrangements to protect them and their cargo, &c.
I shall at once bring this praiseworthy kindness of the officers of
his imperial Majesty to men from afar to the notice of the
President, and respectfully request your imperial highness to accept
my thanks on behalf of the crew of the ship.
With respect to the statement that the linguist wrote an official
despatch, as it has not been reported to me by the United States
consul at Yingtsi, Mr. Knight, nor had I before heard of it, I will
inform him of the conduct of the [Page 343] linguist, and ascertain what seal and official
title he used, that the circumstances may be inquired into and the
man admonished.
I have the honor to be, sir, your obedient, servant,
His Imperial Highness Prince Kung,
Chief Secretary, &c., &c., &c.,
Peking.
