Mr. Burlingame to Prince Kung
Sir: I have the honor to acknowledge your despatch of the 29th ultimo, in which you inform me that the American ship Tropic, which came into port at Canton in July, 1866, was not reported at the custom-house for a fortnight after her arrival, and that when the collector wrote to inquire about it, the United States consul replied that he did not deem it necessary to report hulks; to which the collector rejoined, that it was not only necessary that hulks should be reported like other vessels, but this one had subjected herself to a fine for not doing it; whereat the consul again gave answer that the treaty with the united States contained nothing about fining a vessel for failure to report; and that finally the discussion on these points could not be satisfactorily terminated by these officers.
I have carefully examined into this case and conclude that the consul, supposing it to be unnecessary to report hulks at the customs, allowed the Tropic to overpass the allotted time for doing so. Moreover, as he did so with a full knowledge of all the circumstances, he has sent me a report of all, so that I can understand and decide the matter. It has been the custom for many years past for hulks to come up the river to Whampoa, and there remain without reporting to the customs, so that, seeing that the usage had existed for so long a time, it does not appear that it was an unintentional mistake of the consul in not doing so.
But the reasons alleged in the despatch now under reply, why hulks should be reported like other merchant vessels, commend themselves to my judgment as being proper; and so also do those urging that when an American vessel overpasses the allotted time for reporting herself, she should be fined. I have accordingly deemed it proper to inform the consuls of the United States at all the ports, that for the present, whenever an American merchant vessel enters any port and exceeds the allotted time without reporting herself at the custom-house, she shall be liable to the same fine as stated in article XXXVII of the British treaty.
I shall send a full statement of this matter to the government of the United States, and when I have been honored with the commands of the President in reply, I shall again bring the subject to the notice of your highness.
I have the honor to be, sir, your highness’s obedient servant.
His Imperial Highness Prince Kung, &c., &c., &c.