Mr. Willians to Mr. Seward
No. 28.]
Legation of the United States,
Peking,
April 6, 1866.
Sir: I have the honor to acknowledge the
receipt of the despatches Nos. 7 and 12 relating to the case of
Burgevine; and to send you, in connection with Nos. 3 and 6 of mine last
year, two additional documents closing the subject, viz: the report of
the Chinese authorities respecting the disposal of his body (enclosure
A,) dated 2d November, 1865, and (enclosure B) my letter to them of the
2d instant, giving your decision as to the disposal to be made of the
criminal. These two papers should be prefixed to the long despatch in
the form of a report to me from the consul general, dated February 2,
1866, which has been lately forwarded to you from Shanghai.
I hesitated at first whether it was desirable to inform the Chinese of
your decision, though they had particularly requested it; but after
reading the note sent by Burgevine to the consul at Fuhchau, June 3, it
seemed to be a good opportunity at the same time to protest against the
cruelty exercised towards him and his fellow-prisoners by the provincial
officers of Fuhkien. Whatever plans the officials at Peking may have had
regarding his ultimate disposal, I do not think that this harsh
treatment can be charged to them; their wish was to execute him
themselves. But the central goveroment is very weak in such cases, and a
pragmatic governor or general easily sets aside their orders to carry
out his own ends, and then reports whatever he sees fit.
Though the Emperor may be sure that his proconsuls in the provinces will
on the whole act loyally towards him, their semi independence and
wilfulness of [Page 504] restraint form
one of the most unsatisfactory features of Chinese polity that foreign
officials have to deal with peaceably.
This case of Burgevine illustrates some of these points better than any
remarks of mine; and a perusal of all the documents will enable you to
judge whether he and his felllow-prisoners were drowned intentionally or
accidentally, as well as we in China can do. The question has been much
discussed among foreigners, though I suppose it can never be decided;
and each one’s opinion would be biased by his estimate of the people. I
think that the boat was upset by the current; and that this unforeseen
accident balked Governor Li at Nanking of his expected pleasure of
getting his enemy into his power.
The whole career of Ward and Burgevine in the service of this government
was experimental and unsatisfactory, and shows that the position of our
countrymen in it should be better defined. The Peking authorities see
now how hazardous it was, and they can avoid future disagreements; but
their position in 1860 was a desperate one, and they adopted a good
plan, as it proved, by encouraging Ward to initiate the drilling their
men in foreign arms and tactics. Now they are carrying out this plan
widely and efficiently.
I have the honor to be, sir, your obedient servant,
S. WELLS WILLIAMS, Chargé d’
Affaires.
Hon. William H. Seward, Secretary of State, Washington, D. C.
P. S.—April 9: a reply has unexpectedly just come from Prince Kung,
(enclosure C) which, though vague in its terms, is, I am disposed to
think, intended to assure me that in future all American citizens
arrested in the country will be handed over to their consuls. The
governor general at Canton last year delivered a man named Baffey to
Mr. Perry; he had been aiding the rebels near Amoy, and took the
first favorable opportunity to leave them, and throw himself upon
the officials in the. northeast of Canton province; they took him
down to the city, and requested the consul to try him, but I have
not heard the result.
A.
[Translation.]
Prince Kung to Mr.
Williams,
Prince Kung, chief secretary of state for
foreign affairs, herewith makes a communication respecting the case
of Burgevine, who was drowned in the district of Lanki, in
Chehkiang, by the boat upsetting in which he was travelling.
On the 1st of September I informed you that Burgevine had been
drowned by the boat upsetting, and that his coffin was still at
Lanki; and inquired whether his body should be buried in the same
place where it was found, or whether you had any directions to give
respecting its being brought away and buried elsewhere. You stated
in reply that you were much obliged to the district magistrate of
Lanki for recovering the body of Burgevine, and for his oversight in
having it put into a coffin—acts which showed his kindness of
heart—and wished to have the coffin taken to Ningpo and delivered to
the United States consul who would bury it.
Accordingly, directions were sent from the Foreign Office to the
governor of Chehkiang to comply with your wishes. A despatch has now
been received from Li, the superintendent of commerce at Shanghai,
enclosing an extract from a report of the intendant of circuit at
Shanghai, as follows:
“On the 19th of September, Mr. Seward, the United States
consul-general, sent his interprefer, Mr. Allen, to Ningpo, where he
joined the vice-consul, Mr. Lewis, and they together went on to
Lanki, meeting Siau Tsin, the officer deputed by the governor of
Chehkiang at that place on the 28th, and all conferred with the
river bailiff and other officials, and together went out of the
north gate to a place where six coffins were stored. Among these was
to be seen Burgevine’s, varnished black and sprinkled with gold
leaf. Mr. Lewis, having closely interrogated the bailiff, and
learned that extra care had been observed in putting the body into
the coffin, said it was needless to open it. The next day he went
with the same official and [Page 505]
others to the place where the boat was upset, and where Burgevine’s
body was dragged for and found, having every position carefully
pointed out, and making a drawing of the localities.
“On the 2d of October a public bier was prepared, and the river
bailiff had Burgevine’s coffin put on board a boat and sent, in
charge of some of his men, to Ningpo, where it was received, and
thence forwarded to Shanghai.”
From the above I learn, in brief, that the consul-general had sent
Mr. Lewis, his viceconsul, to Lanki, to learn the particulars
respecting the disposal of Burgevine’s coffin and get it; and
further, that the local authorities there had taken good care of it,
and had sent men in company with it to Ningpo, where it v as
received and forwarded to Shanghai. This, therefore, ends this case,
and I now inform you of these proceedings.
November 2, 1865, (Tungchi 4th year, 10th
moon, 10th day.)
His Excellency S. Wells Williams, United States Chargé d’ Affaires.
B.
Mr. Williams to Prince Kung
Legation of the United
States, Peking,
April 2, 1866.
Sir: Referring to the case of Burgevine,
formerly a prisoner in the hands of the Chinese authorities, and to
my despatch of June 21, 1865, in which I proposed to leave him in
your custody until I could receive instructions from my government
whether he might be surrendered to the Chinese, I have now the honor
to inform your highness that I have been honored with instructions
from the Secretary of State, as follows:
“Although the offender, Burgevine, was in the employ of the imperial
government, he is still an American citizen, and must accordngly be
judged by the laws of his country; and if, on the trial, his guilt
is proved by clear evidence, he may then be left in the custody of
the Chinese. But this is to be understood to rest upon the voluntary
consent on the part of the United States upon the grounds of
national honor, and not from Chinese right under treaty
stipulations.”
In communicating this decision I beg to bring to your notice the
conduct of the governor general at Fuhchau towards Burgevine. When
he was in that city the American and British consuls received a note
from him, complaining that he was treated with great cruelty and
indignity, and had not sufficient clothing or food, and asking them
to visit him. But the governor general refused them permission even
to see him. Such conduct and treatment is a violation of the rights
of humanity, and incenses every foreigner who hears of it. Whenever
an American citizen shall be arrested by Chinese officers as a
criminal they are bound to treat him kindly, and not subject him to
insult or cruelty, but to deliver him over to the American consul at
the nearest port. His crime will be carefully examined and equitably
judged by the consul; but the government of the United States will
not consent, in any case, to have such a prisoner secretly taken
through the interior of the country to another part of it, violating
both the spirit and letter of the treaty.
I have, therefore, respectfully to request your highness to enjoin
this point upon the high provincial authorities, as it is one of the
highest importance.
I have the honor to be, sir, your highness’s obedient servant,
His Imperial Highness Prince Kung, &c., &c., &c.
C.
[Translation.]
Prince Kung to Mr. Williams
Prince Kung, chief secretary of state for
foreign affairs, has the honor to acknowledge your excellency’s
communication of the 2d instant, the particular object of which was
to make known to me the reply which you had received from the
government of the United States respecting the disposal to be made
of Burgevine.
The circumstances which have attended this affair were all detailed
last year in the various despatches which then passed between us and
further, Governor Li, the superintendent of commerce at Shanghai,
has arranged other points with Mr. Seward, the United States consul,
so that all things seem now to be settled in a manner that is
acceptable to all.
I may, however, express the desire that no such case will again
arise, and that no Americans in China will join seditious natives in
rebellion. The Chinese government will then [Page 506] have no occasion to restrain or imprison
citizens of the United States. If such be the case none of these
evils will spring up; and, as I confidently expect that it will be
so, I send you this reply in order to express my gratification.
April 9, 1866, (Tungchi, 5th year, 2d
moon, 24th day)
His Excellency S. Wells Williams, United States Chargé d’Affaires.
