Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III
Mr. Burlingame to Mr. Seward
Sir: I have the honor to inform you that Thomas Walsh, esq., an American merchant, agreed with the Japanese government to sell and deliver to it certain guns which were at Macao. To carry out this agreement he chartered the steamer Scotland, and despatched her to Macao, where the sea was so rough that she could not take in the guns; whereupon, under the advice of the pilot, the captain of the Scotland took her to Cum-Sing-Moon, a place under Chinese jurisdiction, about nine miles from Macao, where he commenced taking in cargo from that place, with the assent of the Portuguese governor. While thus engaged the British gunboat Scout appeared, and while the United States flag was flying, fired across the bows of the steamer’s cargo boats; after which her officers searched them and then boarded and searched the Scotland herself, but, finding nothing to warrant the search, they departed.
After this, according to Mr. Walsh, these officers informed the Chinese authorities that the Scotland was at Cum-Sing-Moon, whereupon they despatched officers who seized and took her to Whampoa, at which place she was detained under the surveillance of two British war vessels.
With these facts before him, our consul at Canton, Mr. Perry, promptly demanded the release of the steamer and cargo, which demand was refused, on the ground, chiefly, that the Scotland had violated the 14th article of the treaty in relation to clandestine trade, and also for the reason, privately given, that such release would offend the English. The above facts I learned from the letter of Mr. Walsh, which, with its enclosures, I herewith send, marked A. Immediately on the receipt of the letter from Mr. Walsh, I brought the facts to the attention of Sir Frederick Bruce, the British minister, and freely commented upon them, but to his credit let me write that there was no necessity for debate as to the impropriety of the conduct of her Majesty’s officers. He admitted it as fully and as indignantly as I asserted it, and he marvelled, as I did, that they should have presumed to search the vessel at all; but much more so, that they should have done it in neutral waters, thus committing a double offence against international law.
To relieve his government from the odium of such conduct, Sir Frederick [Page 351] sent the British interpreter, Mr. Brown, with the United States interpreter, Dr. Williams, to make known his views to the Chinese, and to support my application for the release of the steamer and cargo. I addressed the letter marked B to Prince Kung, by agreement, after a discussion at the Foreign Office, which might serve as a memorandum of the facts, and immediately received a letter from him, addressed to the governor general at Canton, instructing him to release the vessel and cargo, which letter was accompanied by the note from the Foreign Office, marked C, signed by the principal officers of the government. in which you will find the significant allusion, to the “increasing friendly relations now existing between our countries.” I mark also the good will of the Chinese in accepting my representation of the facts. Sir Frederick also addressed a letter to the British consul at Canton, in which he most pointedly condemned the conduct of the officers, and set forth his views at large against their action. He addressed a despatch in the same sense to his government. He also addressed a letter to me, which he requested me to make known to Mr. Walsh, whom he knew personally, in which he expressed a hope, that if there should be war with Japan, he would, in the common interest, see to it that the guns should not fall into the hands of the common enemy. That the letters might all arrive at the same time, they were confided to my care by Sir Frederick, and Prince Kung and I had the pleasure to forward them in two days after the receipt of Mr. Walsh’s letter, by express overland to our consul, Mr. Perry, with the despatch to him marked D.
The steamer and cargo are of great value, and I rejoice at their release, but more especially at the manner of it. This case once more illustrates the power and harmony of our co-operative policy. I particularly refer to the manner in which the British minister met the questions involved. I hope his government will meet them in the same spirit, and thus turn that which might embitter our relations with England into the most potent means of strengthening them.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c., &c., &c.
A.
Mr. Walsh to Mr. Burlingame
My Dear Sir: I wrote you from Japan a good while ago, and have since heard from others of your being happily situated and honorably treated at Peking. I have not heard directly from, you since your arrival there, and this may make the liberty I now take appear unwarranted; but I have a vivid recollection of the intimacy with which you honored me, and the regard you expressed for me at Shanghai, which persuades me that your silence is not to be attributed to any change of feeling. I believe, therefore, that you will be glad to hear from me again. I believe, also, that you will not be unwilling to render me the service which it is my present object to ask. Accordingly I do not hesitate to appeal to you.
My case is this:
In September last I received an order from some Japanese officers at Nagasaki to purchase at Macao certain cannon and shot, known to be there, for delivery to the governor of Nagasaki, (Tycoon’s officer.) The money requisite having been paid, I undertook the business, and in October bought the guns at Macao, and engaged the steamer Scotland to take them up to Nagasaki.
[Page 352]On the 22d of October the Scotland, being then American property, cleared at Hong-Kong for Nagasaki. She had already some merchandise on board for that port, as will appear by copy of her manifest herewith, (No. 7.) She first proceeded, however, to Macao, there to receive the guns.
On the 23d of October she arrived off Macao, but, on getting a pilot on board, it was found there was not sufficient water in the bar to allow a ship of her draught (17 feet) to enter either the inner harbor or the Tipa anchorage; and as the stevedores declared that heavy guns could not be safely transhipped from the lighters in the outer roads, where a rough sea prevails at this season, it was determined, on their suggestion, to take the ship and lighters to the anchorage of Cum-Sing-Moon, a place about 18 miles, from Macao, which, although strictly within Chinese territory, had always been regarded as “outer waters,” and, until quite recently, had been freely used by foreign ships, without objection from the Chinese authorities. The Scotland, therefore, proceeded to Cum-Sing-Moon on the 24th, and soon afterwards commenced loading from the lighters which had followed her from Macao. This she continued from day to day, until the 2d of June, without receiving any intimation or warning from any quarter that she had no right there, or was incurring any danger.
On the 2d of June the steamer of the Canton customs authorities arrived at Cum-Sing-Moon, and at once put officers on board, who forbade further work, declared the ship seized for infraction of the treaty, and ordered her and her three undischarged lighters to Whampoa, whither she proceeded on the 5th, two of the lighters containing seven guns foundering on the way, (owing to the rough sea running,) and only the third with five guns arriving safely.
During all the time the ship was at Cum-Sing-Moon no attempt was made to trade with any Chinese subject. The ship was not there to buy or to sell, but only to receive the cargo brought from Macao in the lighters, and, beyond obtaining some provisions and water from the fishermen, no other business was intended or attempted.
On the 6th of November the master made his protest before the consul. Mr. Perry then addressed to the hoppo a communication embodying the facts of this protest, and of a letter which I had written to him, and asking the release of the ship on the ground that no “clandestine or fraudulent trade” had been carried on; that the resort to Cum-Sing-Moon had been for refuge only, and that no violation of the treaty or rules had been intended. Copies of these documents are enclosed, marked 1 and 2, and I beg for them a careful perusal,
On the 13th instant the reply of the hoppo was received. I enclose copy of the translation, marked No. 3.
Official copies of these documents will go to you as soon as Mr. Perry can forward them; meanwhile he permits me to copy them, so that no time may be lost.
These are the facts of the case, and I assure you, on my honor, that I have stated them fully, frankly, and accurately, to the best of my knowledge. To attest such as it is possible to attest, I enclose copy of my letter of instructions to the captain when sending him some men from Whampoa to bring his ship up—he had only Chinese coolies on board—(No. 4;) also copy of the sea letter under which she flies our flag, (No. 5,) and copy of Consul Jones’s certificate as to the state of Macao roads during the period in question, (No. 6.)
It will be evident to you, from these documents, that no violation of Chinese law or territory was intended; that no violence was used at any stage of the affair; that the ship resorted to Cum-Sing-Moon in good faith, and for refuge only, and that she was not engaged there in smuggling, in the true sense of that word.
Dr. Williams can satisfy you as to the truth of the statements respecting the shallowness of the bars of both the inner anchorages, (only fourteen feet at high tides;) as to the roughness of the outer roads at this season; as to the fact of [Page 353] Cum-Sing-Moon being the nearest suitable anchorage, and as to the liberty formerly enjoyed in the use of that harbor.
It has been suggested to me that the Chinese authorities would probably have granted us permission to use Cum-Sing-Moon as we did. It was an oversight not to ask them, but, knowing how free this anchorage had been in former times, it did not occur to any one interested that the ship might be interfered with there. Had this danger been suggested, it might easily have been avoided at the loss of a little time, by waiting at Macao for fine weather.
It seems monstrous that for an offence so slight as that which the Scotland committed such a penalty should be imposed as that which the hoppo demands. It is doubtful whether any western government would be severe under such circumstances, and least of all would one expect such strictness from the Chinese government, which has heretofore not only been considerate and liberal in its dealings with other foreigners in such cases, but has had occasion itself to urge the observance of the spirit rather than of the mere letter of the treaties. It was in reliance on such a disposition in this case, and in fact on the intimation of the arresting officers that it would be manifested, that the ship quietly surrendered, when it would have been no difficult matter to shake off the arrest; and I do not doubt that the ship would ere this have been released— indeed I question if she would have been disturbed at all—but for the persistent and high-handed interference and influence of the British naval and civil authorities here.
The Daily Press newspaper of the 28th and 30th of October, 4th, 9th, and 14 th of November, will show you whence came the animus which has governed the whole affair.
In the first place, a false report was circulated as to the Scotland’s doings in Japan. This attracted attention to her when she came to Hong-Kong, and further falsehoods having been published about her there, she was followed to Macao by her Britannic Majesty’s corvette Scout, which, on the 30th of October, went to Cum-Sing-Moon after her. There an officer from the Scout, without showing any warrant, boarded her, asked for her papers, examined them, and examined the guns, &c., in the lighters nearby. This officer then admitted that he had no right to stop the work, and permitted it to be resumed; giving no hint, however, that it might be objected to by the Chinese authorities. Meanwhile the commander of the Scout had, most barbarously, fired shot at the defenceless lightermen, who, taking alarm at the approach of a ship-of-war in full fighting trim, with men in the tops, &c., had fled toward the neighboring shore, but did not (as has been asserted) attempt “to run” out of the anchorage.
The Scout then proceeded, on the 31st, to Whampoa, and is generally believed to have given information as to the Scotland’s doings to the Chinese custom-house here, now wholly in British hands. It is also said, and credited, that at the same time the captain of the Scout offered to seize the Scotland for the Chinese, if they would make the request. This must have been declined, for the ship came to Whampoa without British aid; but the Scout now lies near her, watching her, and ready, it is thought, to stop her in case of any attempt at rescue. Her Britannic Majesty’s gunboat Clown also remains close by, and the officers of these vessels do not conceal their anxiety to have the vessel and cargo confiscated, as is evident by the letters written on board the Scout, dated 31st of October and 6th of November, and published in the newspapers here with.
As to the acts of the Scout, I need not point out to you their insulting and unjustifiable character, in whatever light the anchorage of Cum-Sing-Moon is regarded. They are admitted in the letter from that ship dated 31st of October, and speak for themselves. But if Cum-Sing-Moon anchorage is to be considered Chinese waters, under all circumstances, then the Scout’s proceedings [Page 354] are as much an outrage on the dignity of China as they are on that of the United States, and at all events are less excusable than anything done by the Scotland.
Inconsequence of these acts of her Britannic Majesty’s naval officers, the British subjects in charge of the customs here, and the British officials generally, are understood to have exerted the whole of their very powerful influence on the Chinese authorities to prevent their making the least allowance for the peculiar circumstances represented in Consul Perry’s letter, and this is doubtless the reason why the hoppo treats the consul’s statements so disrespectfully in his reply. * * * * *
As to the legality of my supplying arms to the Japanese government there can be no question, and those in the Scotland were truly destined for Nagasaki, where they could only be delivered to the imperial officers, as provided by the treaty. As to the propriety of my operations, I am not accountable to other men; but for your satisfaction, I will declare that, after much deliberation and more knowledge than most foreigners have of Japan, I am persuaded that if we do not deal kindly with the Tycoon’s government, and sustain it by every lawful means, we shall either find ourselves expelled from Japan by a reactionary revolution, or see our commerce in that country dependent for its feeble light on a shameful maintenance by foreign swords, as is the case in China.
Mr. Perry has yet to try the effect of a personal interview with the hoppo on the Scotland’s case, in which he will again present the facts urged in excuse for her irregularity, and endeavor to show that the letter of the law ought to be subordinate, not superior, to its spirit and to equity; but I despair of any advantage resulting from it, as it is clear that the British influence here is all-powerful with the Chinese, and unfriendly to us.
I accordingly lose no time in asking your good offices in this matter. To await the result of Mr. Perry’s interview would lose the present steamer, and might lose the last mail of the season. I think, moreover, that you are more likely to succeed in the affair if you make it a personal and unofficial matter, than if you have to postpone it for official documents, which might attract the attention and opposition of the British customs officials; and, in view of the serious injury I should innocently suffer by the detention of ship and cargo, as proposed by the hoppo, I hope that you will consent to waive formalities in this case, and act as early as possible; for not only are the Scotland’s daily expenses heavy, but I fear the Japanese will impute their disappointment to bad faith on my part.
I am encouraged to hope for success through your friendly efforts, by knowing that you have much influence at the capital, and that you have the right to ask a generous treatment of this case, on account of the good conduct of Americans generally, and of the services which some of us have had occasion to render to the Chinese government at various times. I believe Prince Kung will be more considerate of these things, and of the extenuating circumstances of the present case, than his subordinate here seems inclined to be, and I have little doubt that on your application he will order the release of the Scotland and her cargo. As the hoppo, in his answer, quotes his orders from Peking as reasons why he cannot be lenient, there seems good ground for you to proceed upon, even without waiting for the official documents, though it is possible he may already have reported the affair to the capital.
There is but one feeling on this subject among all the Americans here—missionaries included—namely, that the Scotland ought to be released, and that we shall be humiliated if we allow the Chinese, under British pressure, and on such mere technical grounds, to confiscate ship or cargo. I have no doubt you will share this feeling; and so trusting, I commit the case to your hands, believing that your sense of justice, no less than your good will, will prompt you to do all you can in my behalf.
[Page 355]In conclusion, I beg of you to excuse whatever of urgency or impatience you find in this letter, as well as the irregularity of this mode of appeal. The circumstances are so peculiar, and every hour is now of such consequence, that I trust you will find it possible so to excuse me.
I need hardly say that I shall be deeply obliged by any efforts you make in my favor; but you may rest assured that in such efforts you will not only be obliging me, but promoting justice. * * * *
Begging the favor of an early answer, and with the best wishes for your health and happiness, I remain, my dear sir, yours, truly,
His Excellency Anson Burlingame, Esq., &c., &c., &c. Peking.
Mr. Walsh to Mr.. Burlingame
My Dear Sir: Referring you to my letter of 14th instant, which will doubtless accompany this, I beg now to inform you that the result of Mr. Perry’s interview of to-day with the Chinese authorities is that they persist in requiring the condemnation of the Scotland and her cargo.
They do not deny that there was no intention to infringe the treaty, but insist that the fourteenth article was violated by the resort to Cum-Sing-Moon, and that the fact that the vessel attempted no “clandestine or fraudulent trade” there is of no consequence, saying that this view is sustained by the Chinese version of the treaty, although by our version the attempt to “trade” is the essential of the offence. It seems probable that on this point the two versions slightly differ, but inasmuch as the English treaty is to be construed by the English text, (article 50,) I presume ours is to have the same advantage. I beg you, therefore, to urge this point.
The hoppo expressed his regret that we had not asked permission to resort to Cum-Sing-Moon, clearly implying that, if we had asked it, permission would have been granted. It is certainly unfortunate that this was not done, but the circumstance that the necessity for going to Cum-Sing-Moon for refuge Was not foreseen should excuse us in this respect.
Another ground taken by the hoppo was, that Macao was a Chinese port, and that the trade in munitions of war was as illegal from there as from strictly Chinese ports; but if the treaty of Portugal does not contradict him on this point, the usage respecting Macao does; for, practically, Macao has been a Portuguese possession, and under Portuguese laws alone, for some time past, and, as I have stated in my former representations, we had the governor’s permission to export these guns.
Notwithstanding these arguments, the officers (the governor general being present) expressed themselves willing to deal leniently with the matter but for the fear of the British: “For,” said they, “if England goes to war with Japan, as we have heard she is likely to do, and these guns are used against her, she will consider us responsible, and we must avoid this responsibility if we can.” In reply to this, it was suggested that if the British had any right to stop the introduction of the guns into Japan, they could do so after the ship had been released by the Chinese. But it was evident that this consideration had no weight against the fears which any resistance to British pressure excited, and that this pressure (which was several times adverted to) was the real reason why the officers felt obliged to decline to release the vessel.
[Page 356]It is probable that the final result of the correspondence will be an official reference to Peking.
But I hope you will not wait for this to present the case, and that you will see and urge that this is not a case for severity, but for the utmost leniency.
In support of my claim to such leniency I will mention that, only a few months ago, the British steamer Jamsetjee Jejee-thoy, which had been seized on her arrival here for having illegally traded, that is, bought and sold cargo at a closed port on the west coast, was liberated on payment of a small fine. This was a far more flagrant violation of the treaty than the acts of the Scotland; but British influence was in favor of that vessel as much as it is against us. The Scotland would be likewise let off if the Chinese officers dared to consult their sense of justice. But I am in hopes that what they think impracticable here may become practicable through your powerful influence at Peking.
I remain, my dear sir, yours truly,
His Excellency Anson Burlingame, Esq., United States Minister, &c., &c., &c., Peking.
Mr. Perry to Mr. Walsh
My Dear Mr. Walsh: The documents which you have submitted to me, marked Nos. 1, 2, and 3, and herewith attached, I find to be correct copies of the originals on my files.
Yours truly,
[Statement.]
The American steamer Scotland, under my command, left Hong-Kong on the 22d of October, having on board certain merchandise destined for Nagasaki, and proceeded to Macao, there to take in some guns purchased by Mr. Walsh for the Japanese. On arrival off Macao I learned that it would be unsafe to attempt to load these guns in the outer roads on account of the strong wind and rough sea, common at this season of the year, and as my ship drew too much water for the inner harbor, I was advised to seek some other anchorage, and Cum-Sing-Moon was suggested as being near by, smooth and easy of access. Accordingly, and without any idea of violating any law, I proceeded there on the 24th, and soon after commenced taking in the cargo. I continued doing so without any interruption or warning from the Chinese officers until the 2d instant, when my ship was boarded by the customs officials, and, with three loaded boats (containing 12 guns) which were alongside, was seized under a warrant exhibited to me, and stated to be from the hoppo of Canton. The ship and one boat were then brought to Whampoa.
Now, therefore, I protest against this seizure, and demand the release of my ship and the restoration of the cargo, for the reasons following:
1. That I committed no intentional violation of the law; for when I was last in these waters, foreign vessels were allowed to transact business at Cum-Sing-Moon, (though it was not then, more than now, a treaty port,) and I was not aware that any change had been made in this respect. As a proof that I meant [Page 357] no wrong, the fact of my ship being found without seamen, and without any preparation for immediate departure, should itself be sufficient.
2. Had it occurred to me that my proceedings were illegal, (which I again declare it did not,) I should have been reassured by the circumstances that on the 31st of October her Britannic Majesty’s ship Scout entered the harbor, and one of her officers boarded my ship, examined my papers, pronounced them in order, allowed the boatmen (whom his ship’s approach had frightened away, and whom she had fired at) to return and recommence work, and, on being questioned on the subject, admitted that our purpose of taking guns to Japan was a legitimate one.
These acts of the British officers plainly indicated that they did not regard Cum-Sing-Moon anchorage as Chinese waters, and as they gave me no intimation that I was violating them, I did not imagine I was doing so.
3. Feeling confidence in the fairness and liberality of the Chinese authorities as to the issue of this affair, and being conscious that no wrong was intended them on my part, I willingly gave the services of myself and all connected with the ship to carry out the orders under which the customs officers were acting, and without which assistance they would have been comparatively powerless to bring the ship up the river.
4. I also declare that the only cargo I took on board while at Cum-Sing-Moon was the guns and ammunition brought from Macao; that I did not land anything there, and that my purpose was to proceed with said cargo to Japan and there deliver it.
CHARLES L. GARDINER, Commander S. S. Scotland.
Canton, November 6, 1863.
Before me, Oliver H. Perry, United States consul for the port of Canton, China, on the 6th day of November, 1863, personally came and appeared Charles L. Gardiner, master of the American steamer Scotland, who, after being by me duly sworn, declared that all the facts set forth in the foregoing statement are true and correct.
In testimony whereof, I hereunto sign my name and affix my seal of office in the day and year above written.
[l. s.]
Perry, American consul, &c., &c., &c., to Yoke, imperial collector of customs, &c., &c
The consul has received a communication from the captain of the steamer Scotland, and the American Walsh, shipper by said vessel, informing the consul of the seizure, on the 2d instant, at Cum-Sing-Moon, of the steamer and three Macao lighters containing cargoes belonging to her, by the Chinese customs authorities, on the allegation that the ship was receiving on board cargo prohibited by the regulations, and brought the vessel to Whampoa, where she is now detained.
They state that the vessel did not go to Cum-Sing-Moon to carry on there “a clandestine or fraudulent trade,” (as mentioned in article 14 of the treaty,) but to get a refuge for herself and for her small cargo boats from the strong winds and rough weather that prevailed in Macao roads; that she was too large to [Page 358] enter the inner anchorage of Macao, and that Cum-Sing-Moon was the nearest smooth anchorage of sufficient depth. She went there in good faith, and without the least intention to violate Chinese territory or the laws, or to carry on “a clandestine or fraudulent trade;” that in former days it had been customary for foreign ships to resort to Cum-Sing-Moon; and neither the captain nor Walsh was aware that such a proceeding would be regarded as an offence against the laws; that they transacted there no commerce with any one, and did not land any cargo. The fact that the ship was not armed; that she carried on her work in the open day; that she had not seamen on board, but only Chinese coolies from Hong-Kong and Macao, whom she was bound to return there, and that she did keep steam on, all prove that she was not engaged in “a fraudulent and clandestine trade;” that had any violation of the law been intended, such obvious and easy precaution against detention and seizure would not have been neglected; on the contrary, the master’s respect for the law not only prevented him making that resistance to the customs officers that he could have made, but induced him to assist them to bring the ship up at Whampoa; that if it was an error to regard Cum-Sing-Moon as open for the purposes mentioned, the error was very natural, for after the Scotland went there, the anchorage was visited by the British ship-of-war Scout, and acts were done there by her which show that her commander also regarded the place as neutral ground, like the high seas. Among these acts were the boarding of the Scotland, and the examination of her papers and cargo alongside, without any warrant from the Chinese authorities, and the firing of shot at the boatmen who had been engaged in loading her. These acts would have been quite unjustifiable if the anchorage of Cum-Sing-Moon had been regarded as Chinese waters, and the commission of them shows that they were not universally regarded as such, and that the master of the Scotland was excusable for not knowing them to be so.
The cargo which the Scotland was taking in at Cum-Sing-Moon consisted of guns and ammunition bought at Macao for the friendly government of Japan, and intended for delivery at the port of Nagasaki, in that country. The money for these guns has been paid by the Japanese officers, and much disappointment will arise if they are detained.
Such are the facts reported by the captain and shipper.
There was nothing improper in the purchase and shipment of these guns; they were all shipped from Macao, from which port it is permitted to export such merchandise, and the permission of the government was duly obtained in this case. In all western countries commerce in munitions of war is lawful, when it is not to benefit an enemy; and it is well known that, at this time, the government of Japan is not at war with any other nation.
If the guns had been bought in China, or were intended for sale in China, the Chinese authorities would have reason to detain them; but such is not the case, for it must be evident that had any smuggling been intended, the circumstances would be very different. Small boats would have been employed, not a large and well-known ship. The business would have been done at night or secretly, whereas it was done openly and in the day, both at Macao, in shipping the guns, and at Cum-Sing-Moon, in receiving them. The ship would have been prepared to defend herself, or to get quickly out of danger; whereas she was unprepared, and, on being stopped, surrendered to the authorities without resistance. Moreover, it was widely known that the guns were destined for Japan, and by the treaties with Japan the import of guns into that country is legal.
The consul, therefore, does not think it can reasonably be insisted that the master of the Scotland, or the shipper Walsh, have been engaged in “a clandestine and fraudulent trade” within the true meaning of the 14th article of the treaty, or that, upon a fair and equitable consideration of the facts, and a fair interpretation [Page 359] of rule 3 of the supplemental treaty, they have violated that rule, not having in fact imported into, or exported from, China, guns and ammunition. The worst offence with which they are chargeable is that of a technical irregularity, for which it would be unjust and ungenerous for the Chinese authorities to punish them severely.
The consul therefore trusts that your excellency will, after a perusal of this true statement of the facts of the case, order the steamer Scotland and the guns to be released.
The consul avails himself of this opportunity, &c., &c., &c.
Yoke, Imperial Collector of Customs, &c., &c.
Yoke, by Imperial authority, Comptroller of Canton Customs.
YOKE, BY IMPERIAL AUTHORITY, COMPTROLLER OF CANTON CUSTOMS.
A despatch in reply.
We have received the despatch of the honorable consul, which, on opening, we found to be as follows:
“The consul has received a communication from the captain of the steamer Scotland, and the American, Walsh, shipper by said vessel, informing the consul,” &c., &c., &c.
(Here the hoppo copies the whole of the consul’s despatch of November 7, word for word, without any alteration, to the end.) He then proceeds thus:
The above was received at our office; accordingly we have examined the several articles of the treaties with the consul’s honorable country, and find that the 14th article of the treaty of Tientsin, June 18, 1858, reads thus:
“The citizens of the United States are permitted to frequent the ports and cities of Canton and Chauchau or Swatou, in the province of Kwang-tung,” &c.
(Here follows, in the hoppo’s despatch, the whole of the 14th article of the treaty headed, “seven open ports for American trade,” word for word, as in the edition published by S. Welles Williams, Hong-Kong, 1862.)
The hoppo then proceeds:
“Also, in the supplementary treaty relating to commerce, the 3d regulation reads thus: ‘Import and export trade is alike prohibited in the following articles: gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols, and all other munitions and implements of war.’”
Now, the steamer Scotland, at the place of Cum-Sing-Moon, was clandestinely taking on board cannon. That place has never been an open port for trade; therefore she has violated the prohibitions. And on a careful examination of the 14th article of the treaty, and 3d article of the supplementary treaty, we find that her proceedings were not in agreement with them.
The comptroller has superintendence of all places on the seaboard for collecting revenue from the trading operations. In the management of this business he is guided by the several articles of the treaty. They require that this ship, with her cargo, be inspected, seized, and applied to the public benefit, (confiscated.) Several despatches have been received by us from the imperial foreign office (at Peking,) with instructions to this effect:
“Whereas the coasts of China are in every quarter infested with robbers and outlaws, making much disturbance: therefore, in every place, implements of war, cannon, gunpowder, and articles of that description, must be strictly [Page 360] prohibited from clandestine importation or exportation. You are required to make strenuous efforts in the examination and seizure of such. This has been put on record.”
This place of Cum-Sing-Moon, is open for entrance on all sides and easy of access. Consequently it is very difficult to secure against or prevent the sale of contraband goods to robbers and outlaws. The captain of the Scotland having violated the prohibitions, he surely ought not to venture to present a disrespectful or insulting statement to the consul.
We remember that the honorable consul and ourselves have for a long time been faithful friends. Whenever business has come up demanding our attention, it has been equitably arranged in accordance with the treaty. On no account should any credit or belief be given to the statements of the captain of that vessel.
In regard to the request that the vessel and her cargo be released, it is very difficult to grant it. There are serious hindrances in the way of so doing.
We, therefore, trust the honorable consul will notify the captain of that vessel, and the shipper, (merchant,) that the ship Scotland, with her cannon, gunpowder, and all other articles of the ship, after passing an inspection and examination, should be, (or will be,) in accordance with the treaty, handed over for the benefit of the government and confiscated.
With this despatch in reply, accept our best wishes and compliments.
To Perry, U. S. Consul, &c., &c., &c.
B.
Mr. Burlingame to Prince Kung
Sir: I received yesterday a communication from T. Walsh, an American merchant, relating to the detention of his steamer by the collector of customs at Canton, who had seized it without cause, and detained it under a mistake, and was about to confiscate it. He says that his steamer was at Macao, taking in some large cannon of American manufacture, to carry them to Japan for the Tycoon, according to a contract he had previously made with the Japanese, and in agreement with treaty regulations. When at Macao, the north wind made the sea so rough that he took her into Cum-Sing-Moon to escape its violence; this spot is a small harbor along the coast, about twenty-five li from Macao, and almost uninhabited, so that it can be clearly seen that she did not go in there for clandestine trade. While busy transshipping the guns, an officer from the custom-house at Canton came on board, who declared that the ship was smuggling, and thereupon seized and took her to Whampoa. As soon as she anchored there, two British gunboats also anchored at her sides to watch her proceedings, because the Japanese and the British have had a quarrel, and the latter were afraid that one of the princes of that country was buying these large American guns, and wished to stop the vessel going there. The charge of smuggling was, therefore, trumped up against the steamer, and reported to the collector of customs at Canton. The United States consul informed him of all the particulars, and demanded the liberation of the vessel, but he replied that he could not do so, because it appeared that she had been engaged in smuggling in the outer seas. The case is, therefore, reported to you, as the minister [Page 361] residing at Peking, that you may act; the monthly expenses are very large, and she cannot long remain detained in this way.
I have learned from this account of the case that this affair does not really belong so entirely to China, and that the act of entering Cum-Sing-Moon was not at all for the purpose of smuggling or evading the duties. The owner of the ship, Mr. Walsh, is worthy of credit, and an honorable merchant. The collector at Canton, having detained his vessel in this manner, and seeing that the ice will soon close the navigation in the Pei-ho, and no more steamers will come up, (to Tientsin,) while the monthly expenses of the vessel at Whampoa will be uselessly spent, I specially request that orders may be despatched to the collector at Canton to examine into the matter clearly, to the end that she may be liberated. I shall be obliged if the despatch is sent to me, and I will instantly send it under cover to the United States consul at Canton, so that no delay be experienced.
I have the honor to be, sir, your obedient servant,
His Imperial Highness Prince Kung.
C.
Reply from the Foreign Office.
Sir: We have just received your note, and, in compliance with your request, now enclose a despatch to the governor general at Canton, which we shall be pleased to have you send under cover to the United States consul at Canton for transmission to him.
We may observe, in relation to this case, that the said merchant, Walsh, in entering Cum-Sing-Moon for the purpose of transshipping guns into his vessel, was really violating the stipulations of the treaty respecting dealing in contraband goods, and exposed her to be seized and confiscated for the illegality But as your excellency has ascertained that Mr. Walsh was really putting the guns into her to carry them to Japan, we have accepted your representation of the case, and, in regard to the increasingly friendly relations now existing between our countries, are willing that the ship should be released. Yet we ought to add, that another case of similar violation of treaty rules cannot again be excused under the plea of a transshipment for other countries; nor will it be permissible to quote this case as a precedent in hopes of being treated as leniently. We therefore trust that you will inform American merchants of this, and enjoin upon them the strictest observance of all the requirements of the treaty With this reply, we send our salutations and compliments.
Cards of—
His Excellency Anson Burlingame, &c., &c., &c.
D.
Mr. Burlingame to Mr. Perry
Sir: As soon as I received from Mr. Walsh the facts in relation to the detention of the steamer Scotland I took steps to secure her release. In the first place, I called the attention of Sir Frederick Bruce, the British minister, to the action of her Majesty’s naval officers in searching and watching the steamer, and I am happy to inform you that, with me, he considered their conduct unwarrantable. He condemned it in the most pointed manner, and, to relieve his government from the odium of it, he at once joined me in securing the release of the steamer. He has addressed a letter to his consul at Canton, in which he has stated his views, and given instructions in support of them.
This honorable action on his part will do much to allay the excitement which will naturally grow out of this affair.
The proceedings of her Majesty’s officers were doubly illegal. First, in interfering with the steamer at all. Second, in doing it in neutral waters. The owners of the steamer were in fault in taking her to Cum-Sing-Moon without the permission of the Chinese government. There was, however, no intentional or real violation of the treaty, as there was no clandestine trading; but there was such a technical irregularity as to justify the Chinese government in taking some action against the steamer. I send you a private note from the Chinese, covering a letter of instructions to the governor general at Canton. From this you will learn that the steamer and cargo are to be released. That the necessary papers might all arrive at the same time, Sir Frederick and Prince Kung have confided their letters to my care, and I forward them herewith.
Commending the prompt manner in which you have acted in this most important affair,
I have the honor to be, sir, your obedient servant,
Oliver H. Perry, Esq., United States Consul.