Mr. Burlingame to Mr. Seward
No. 126.]
United States Legation, Peking,
January 3,1861.
Sir: Please find enclosures 1, 2, and 3,
relating to newspapers printed in the Chinese language.
The letter of Prince Kung (1) was sent to each of the legations, and the
representatives of the treaty powers, after consultation, and
considering the value of the freedom of the press, agreed to reply
substantially as I have done, thanking the Prince for his liberal views
on the subject of printing, and pointing out the remedy for libels under
our laws, but refusing to repress by harsh measures the freedom of the
press.
The answer seems to have been satisfactory
I sent to our Consul General Seward the enclosure 3, that our countrymen
might take such precautions as would seem to be necessary to give the
injured Chinese the benefit of their treaty rights.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Page 450]
[Translation.]
Prince Kung to Mr. Burlingame
Prince Kung, chief secretary of state for foreign affairs, herewith
makes a communication:
It has lately been reported at the foreign office that the newspapers
in the Chinese language circulated at the open ports, which are
printed and circulated By foreigners, have repeatedly contained
articles defaming the officers of this government. As native traders
and others constantly read these newspapers, if the officials are
maligned in them, it will seriously injure their reputation and
influence, and moreover lead the people whom they rule over to
become disaffected and despise their authority.
It is probable that those who issue these newspapers are unaware that
such an offence comes within the scope of the statute respecting
posting anonymous placards, which prescribes a severe punishment for
the offence; In China, as elsewhere, good and bad people act
differently; and there are many reckless persons who, caring nothing
for themselves about being branded as criminals, disseminate
unfounded reports, either openly promulgating the charges
themselves, or secretly engaging others to do it for them, and all
to create disturbance. Your fellow-countrymen cannot for themselves
inquire into these reports, but they give them wide currency by
printing them for distribution. I am disposed to think that the laws
of the United States also forbid and restrain such offences, and
punish those who defame and injure the reputation of officers or
people.
In saying this I have no desire to prevent the general discussion of
such things as are of public importance or trustworthy, or of
whatever relates to China of common interest to all classes; but to
permit people to write baseless calumnies against officers is really
doing an injury to the reputation of his Majesty himself.
It is incumbent on me, therefore, to request your excellency to issue
an equitable regulation, which will restrain these proceedings, and
prevent the officers of the country being thus maligned by unfounded
accusations through the newspapers in future; and it is for this
purpose that the present communication is sent to you and the other
foreign ministers in Peking.
His Excellency Anson Burlingame, United States Minister to China.
November-30, 1866, (Tungchi, 5th year,
10th moon, 24th day.)
Mr. Burlingame to Prince Kung
Legation of the United
States, Peking,
December 17, 1866.
Sir: I have the honor to acknowledge your
imperial highness’s despatch of the 30th ultimo, in which you inform
me that the newspapers in the Chinese language at the open ports,
printed by foreigners for circulation, have of late frequently
contained articles defaming the officers of the Chinese government,
calculated to injure their character and influence among the traders
and others who read them; and that as this offence comes within the
scope of the [native] statute concerning posting anonymous placards,
the penalties of which are extremely severe, you accordingly desire
me to issue some equitable regulation restraining or stopping such
things [by Americans,] &c., &c.
I may remark, in reply, that the laws of the United States against
circulating slanderous reports are likewise severe; but I am much
pleased to see in the despatch under reply the sentence which
informs me that you have no desire to prevent the general discussion
of such things as are of public importance or trustworthy, or of
whatever relates to China of common interest. This observation
clearly shows that the foreign office has candidly and fully weighed
the advantages and abuses of newspapers.
I infer, therefore, that the laws of China and of foreign countries
respecting circulating slanderous accusations defamatory of
officials are not unlike in their strictness; but as your imperial
highness has not, in the present case, specified any citizen of the
United States by name as having slandered the officers of the
Chinese government, I have no grounds for taking any action in the
matter, However, I may state, in conclusion, that if any person is
slandered in these newspapers, he can enter his complaint at the
American consulate, stating particulars of names and date of the
paper, and with these details: of evidence in the case, the consul
himself can examine and decide it. If it shall be ascertained that a
native has written the report, and got the foreigner to print it for
him, he shall be sent to his own authorities for examination. But
if, on the other hand, be proven that an American has wilfully
printed false charges against a Chinese, the consul will decide the
case according to the laws of the United States.
I have the honor to be, sir, your imperial highness’ obedient
servant
His Imperial Highness Prince Kung, &c., &c., &c.
[Page 451]
Mr. Burlingame to Mr. G. F. Seward
Legation of the United
States, Peking,
December 19, 1866.
Sir: In forwarding to you the enclosed
correspondence with Prince Kung relating to news papers in the
Chinese language printed in this empire by our countrymen, I have
only to observe that the object in view on his part is rather to
check abuses which might arise from too much license, than to deter
persons from publishing papers. If you have knowledge of any
American engaged in printing a newspaper in Chinese, I wish you to
inquire of him whether it is issued with his imprimatur, stating the
name of the printer and the place of its publication, and in case
they are not given on each separate issue, to request him to do
so.
It is highly desirable, in view of the great importance of this means
of enlightening the Chinese people, that it be conducted by
responsible persons.
I am, sir, respectfully, your obedient servant,
George F. Seward, Esq., United States Consul General.
Circular relative to the Coolie trade.
Department of State, Washington,
January 17, 1867.
Sir: I subjoin a copy of a resolution on
the subject of the Coolie trade, which has recently unanimously
passed both houses of Congress. It is believed to, correctly
represent the moral sentiment in this country on the subject of that
trade, which is now prohibited by law, except when the consul, at
every port, where coolies may embark, may be required to certify,
upon full examination., that this embarcation is not forced or
procured by fraud, but is voluntary. There is reason to believe,
however, that this important requirement is sometimes, perhaps
often, disregarded. You are consequently directed to make use of
all, the authority, power, and influence at your command, towards
preventing and. discouraging the carrying on of the traffic referred
to in any way. With refer-enee to the officers of foreign
governments, that influence must of course be, discreetly exercised,
without giving just cause of offence, in a matter which may be
tolerated by the laws of their respective countries.
I am, sir, your obedient servant.
Anson Burlingame, Esq., &c., &c., &c.
[Untitled]
In Senate of the United
States,
January 16, 1867.
Whereas the traffic in laborers, transported from China and other
eastern countries, known as the Coolie trade, is odious to the
people of the United States, as inhuman and immoral; and whereas it
is abhorrent to the spirit of modern international law and policy,
which have substantially extirpated the African slave trade: to
prevent the establishment in its place of a mode of enslaving men
differing from the former in little else than the employment of
fraud instead of force to make its victims captive: Be it
therefore—
Resolved, That it is the duty of this
government to give effect to the moral sentiment of the nation,
through all its agencies, for the purpose of preventing the further
introduction of Coolies into this hemisphere, or the adjacent
islands.
Ordered, That the Secretary lay the foregoing
resolution before the President of the United States.
Attest:
