Mr. Burlingame to Mr. Seward

No. 87.]

Sir: I have the honor to send you the despatch of Prince Rung (marked A) in relation to a joint tribunal to sit in confiscation cases.

This is, perhaps, as important a practical measure as was ever agreed upon in China, but as I have written fully in relation to it before, I need not now write anything more.

I have the honor to be, sir, your obedient servant,

ANSON BURLINGAME.

Hon. William H. Seward, Secretary of State.

[Page 435]

A.

Prince Kung to Mr. Burlingame

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

In the despatch received from your excellency October 23, 1863, you made the remark “that hitherto there have been no well-understood regulations established for general guidance in cases of confiscation of vessels and goods by the Chinese authorities.” Now, although the right and power to punish all cases of smuggling by foreigners, either by fine or otherwise, is undoubtedly in the hands of this government, yet it is nevertheless true that, owing to the want of some definite regulations upon these points, much confusion and pertinacious disputing have arisen between foreign merchants and our own officers.

In consequence of your despatch, I sent orders to the inspector general of customs, Mr. Hart, desiring him to give the subject his most careful deliberation and examination. He has now come to Peking, and having personally conferred with the various foreign ministers in reference to this thing, it has been decided that the scheme of regulations which was discussed last year shall be adopted, with such changes as the foreign office shall deem to be necessary. When they have all been revised and decided upon they shall first go into effect at Shanghai, as an experiment; and if the result shows that their operation is beneficial, and does not impair or interfere with the rights of this government, they can then be extended to all the open ports, and the officers there be instructed to follow them.

His Excellency A. Burlingame, United States Minister.