Mr. Burlingame to Mr Seward
No. 81.]
Legation of the United States,
Peking,
June 4, 1864.
Sir: I have the honor to inform you that
General Burgevine after the successful efforts I made to clear his
character, (see despatch No. 44,) and while still smarting under his
fancied or real injuries, and before he had heard of the action of the
imperial government, went over with a portion of his soldiers to the
rebels at Soo-Chow. As far as I can learn he was well received, but,
from his wounds, he had not sufficient energy to aid them. A bad feeling
soon arose between his followers and the rebels, terminating in a plot
to desert in a body back to the imperialists under Governor Li and Major
Gordon. This purpose was communicated to Major Gordon, who, with the
consent of the governor, successfully co-operated to secure the success
of the plan. It was agreed by the governor that all who would come over
should be pardoned, or not proceeded against by the Chinese government
in the consular courts. Burgevine was included in this pardon, though he
did not escape with his followers, but was subsequently released by the
leader of the rebels, at the request of Major Gordon.
After he had escaped, Burgevine claimed that he had not deserted the
rebels, and never intended to do so; that they were fine fellows, and,
in short, left himself in an attitude of hostility to the imperial
government, and subject to arrest and trial by his own. In this
condition of his case it was left optional with him by Mr. Seward to
stand a trial or leave the country. He consented to leave. He
subsequently returned, was immediately arrested by Mr. Seward, and
detained in confinement again until he agreed to leave the country
again. Such, in brief, is the history of General Burgevine since my
struggle with the Chinese government to secure his just rights. I regret
the course he has taken. Up to the time when he joined the rebels his
record was good; but now I am compelled to defeat his wishes as much as
I was bound before to sustain them.
Please find the correspondence with the government in relation to this
affair, marked A, B, C, D, and E.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State, &c., &c.,
&c.
[Page 422]
A.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary of state for foreign affairs, herewith
sends a communication.
A despatch was received yesterday from Li, the governor of Kiangsu,
in which he states: “Since the return of Burgevine to Shanghai, I
have heard that he has secretly joined himself to the insurgents of
Suchau, and has been enlisting loose foreigners, of whom more than a
hundred have successively gone over to them secretly; and, also,
that he has been buying arms and cannon for them. I have informed
the American consul, Mr. Seward, of these facts, that he may take
measures to seize and deliver General Burgevine up to punishment;
and have, myself, likewise sent orders to the officers in command of
the advanced posts of the army to make all the search for him they
can, &c., &c.”
On learning these particulars, and referring to the thorough
discussion which recently took place concerning the case of General
Burgevine, and the very strong assurances given by your excellency
that he had no communication with the insurgents, but if he had he
ought to be severely punished; and furthermore, that, as he has now
thrown himself into the service of the rebels to heartily aid them,
which is not only a crime against China, but even more a disgrace to
the reputation of the United States, I now inform you that General
Burgevine has made himself liable to the extreme penalty of the law,
if he presumes to return privately from the districts held by the
insurgents; and if he is attacked by our troops he will justly bring
upon himself his own destruction if he lose his life. I accordingly
inform you of these things, that you may send such orders to the
American consul as you may deem suitable.
His Excellency Anson Burlingame,
United States Minister, &c., &c.,
&c.
August 19, 1863—Tungchi, 2d year, 7th
moon, 6th day.
B.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary of state for foreign affairs, herewith
sends a communication.
The following despatch has recently been received from Li, the
governor of Kiangsu:
“When Burgevine first went over to the service of the rebels it was
generally reported that he was to get steamers for them by purchase
or otherwise, and accordingly he laid plans to seize one by stealth,
at Lin-Tien, on the river Hwang-Pee, and actually did capture the
Kan-Kian, near the city of Sung-Kiang, and carried her off. After
this feat he also repeatedly defeated our troops, but having turned
the matter over in his mind, he became sensible of his error and
sought to have his offence pardoned, and came back to us, bringing a
party of foreigners in with him, who were all leniently treated and
received.
“However, in September last Burgevine again went over to the rebels,
under Chiung, and was engaged in the attack upon our forces at
Ta-Kian-Koh, where they maintained themselves most bravely and
proved victorious, burning the
[Page 423]
steamer Kan-Kian, and driving Burgevine and
the whole insurgent force back. Soon after, Gordon, by good
management, induced several foreigners to leave that side, Burgevine
coming away from it as well, having been assured by him and the
English interpreter, Myers, that he should be received as before,
and his desertion overlooked. This proceeding was reported to the
foreign consuls, and further, that Burgevine was to be immediately
deported, and kept under strict surveillance, nor allowed to loiter
about Shanghai. The French consul, in his reply, advised that he
should be handed over to the United States consul to be dealt with;
but Consul Seward had a partial view of the case, and in his
communications he would argue that the Chinese authorities were
wrong, and Burgevine was right in joining the rebels; and then he
concluded that the best thing to be done would be to have him sent
away to his own country, and not punish him, now he had left the
rebels.”
From this statement it appears plain to me that Burgevine, by his
joining the rebels, has not only lost all confidence from Chinese
officers, but is a man despised by his own countrymen. In August
last I informed your excellency of his presumption in going back and
forth from the rebel quarters into our limits, and that if he should
lose his life by our forces taking him, or wounding him, it would be
the just recompense for his misdeeds. The present despatch from
Governor Li informs me that he has reformed, and left the insurgents
under the agreement that he shall not be punished for what is
passed, and be required to return to his own country immediately. If
he should be tried, and dealt with as our laws demand for helping
rebels, it would be right to carry out the extreme penalty; but
considering the very friendly relations now existing between our
respective countries, and also that Burgevine had shown himself to
be sensible of his wrong-doing, it will be proper, therefore, to
treat him with unusual favor, and not inquire into his crimes,
thereby showing the patience and goodness of his Majesty. But it is
totally inexpedient to let him stay in the country, lest he be
inclined to return to his former practices. And the object of this
communication is to have strict orders sent to Mr. Seward to take
measures to deport Burgevine to his own country, and to take every
precaution that he do not linger in Shanghai, nor anywhere else in
China, indeed.
If he lingers on in this country, or if, after he has gone home, he
comes back to China, it will most clearly show that he has no sense
of the great and undeserved favor now shown him; and it will be
necessary, in that case, to arrest him, and concert measures with
your excellency to try him for his crime in aiding rebels. In such
circumstances it will be hard to let him off again with so lucky an
amnesty as at present.
I shall expect a reply, as it is for this object that I now send this
communication.
His Excellency Anson Burlingame,
United States Minister, &c., &c.,
&c.
December 22, 1863—Tungchi, 2d year, 11th
moon, 12th day.
C.
Mr. Burlingame to Prince Kung
Legation of the United
States,
December 23, 1863.
Sir: I have the honor to acknowledge your
despatch relating to General Burgevine, and beg to inform you that I
have received information from the United States consul at Shanghai
that he arrested him last month and held him
[Page 424]
for trial, and did not allow him to go at
liberty in Shanghai. But because of his wound received at Sung-kiang
in fighting the rebels, which still was not yet fully healed, he
desired a short delay to effect a cure, when he would leave China
and return to America.
I have the honor to be your obedient servant,
His Imperial Highness Prince Kung.
D.
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary of foreign affairs, herewith sends a
communication.
On the 25th ult. a despatch was received from Li, the governor of
Kiangsu, and superintendent of commerce, covering a report from the
intendant of circuit at Shanghai to the following effect:
“On the 25th of March, Burgevine, who formerly aided the rebels,
landed at this place, and was arrested by the United States consul
and put in confinement. I have to request that this information may
be made known to the American minister at Peking, that he may enjoin
the consul to instantly deport Burgevine, and thus carry out the
original decision in his case.”
It is well known that the offence of Burgevine, in aiding the rebels
and resisting the authority of the government, is exceedingly
heinous, and if he was punished according to Chinese law in such
cases, he would be adjudged to the severest penalty; and then have
no more than his deserts had brought upon himself. However, in
consideration of our present amicable relations, and desirous to
show more than ordinary regard, I will waive all further
investigation in this matter, if your excellency will deport him to
his own country. On the previous occasion Burgevine was allowed to
remain awhile until his wound, then broken out again, should have
somewhat healed up before he returned home. Why, then, did he not
obey, and has now returned to China? If Mr. Consul Seward has
already arrested him and put him in confinement, he should have sent
him home according to sentence, that he might have no further
opportunity to break our laws.
I therefore make this communication to your excellency, that you may
enjoin on the consul at Shanghai the great necessity of immediately
sending Burgevine back to America, and let him never set foot again
in China. This is very important, and is the object of the present
communication.
His Excellency Anson Burlingame,
United States Minister to China.
May 1, 1864—Tungchi, 3d year, 3d moon,
26th day.
E.
Mr. Burlingame to Prince Kung
Legation of the United
States,
Peking,
May 3, 1864.
Sir: I beg to acknowledge your despatch of
the 1st instant, respecting the case of Burgevine and his violation
of the laws of China, and have now, in reply, to state that I have
received a report from Mr. Seward, the consul general, to the
following effect:
[Page 425]
“This case of General Burgevine was settled and he has been ordered
to return to the United States; when I heard most unexpectedly that
he had come back. I arrested him, and kept him in confinement five
or six days, but as there are no United States ships.of-war here, I
have now sent him away in a merchant steamer, and she has already
sailed; he is no longer in China.”
I have, therefore, only to inform your imperial highness of these
circumstances in the case of General Burgevine,
And have the honor to be, sir, your obedient servant,
His Imperial Highness Prince Kung,
&c., &c., &c.
