Mr. Williams to Mr. Seward
No. 3.]
Legation of the United States,
Peking,
June 26, 1865.
Sir: A case has just been brought before this
legation by the Chinese government, which involves so many questions of
international obligation that I have deemed it to be due alike to our
own position as a nation and to the safety of this people, and to
satisfy its officers that we are desirous,to protect and aid them as far
as possible against our own evil-minded citizens, to refer its decision
to the department.
Referring you to Mr. Burlingame’s despatches, No. 44, of June 23, 1863,
and No. 81, of June 4, 1864, and their enclosures, which should be read
in this connexion to obtain the previous history of Burgevine, I now add
such particulars as I can learn of his proceedings up to the time of his
arrest.
A few days after the despatch No. 81 had been sent away last year, it was
reported that Burgevine had stolen back into the country at Ningpo; but
the correspondence which took place thereupon (enclosures A and B) gives
no idea of the alarm which filled the minds of the high officers here at
this news, for they were convinced that no sense of obligation or honor
had power any longer to restrain him. So completely did he elude
detection, however, that it was concluded that he had died or met a
violent end. But last month he reappeared off Formosa, where he had gone
from the main land. I insert an extract from a despatch of R. Swinhoe,
her Britannic Majesty’s consul at Formosa, dated May 15, kindly
furnished me by T. F. Wade, G. B., the chargé d’affaires of her Majesty
in Peking, stating the following particulars:
“Troubles still continue in Chang-hwa, and rumors of mandarin slaughter
frequently reach us. * * * * * Another cause of alarm has lately much
troubled the authorities. An American schooner, the General Sherman,
arrived at Ta-kow, in Taiwan-fu, with Burgevine and some others on
board. They had been trying to get to the Changchau rebels via Ting San,
at which port the vessel was seized by the customs schooner Vindex and
taken to Amoy. She had no contraband of war on board, and was released.
But Burgevine was on board, and no one recognized him. After dodging
about the channel for some twenty days she put across here, and finally
entered Takow, inquiring for a cargo. The mandarins were informed of the
dangerous arrival by Mr. Commissioner Maxwell, and ever since
communications have been pouring in asking for my assistance. I was at
Tai-wan-fu when this vessel arrived, and she had departed before I got
back. I am told that the magistrate of Fungshau made his appearance here
with two hundred braves, and was for going on board to seize; but this,
of course, Mr. Maxwell prevented, the only precaution being
[Page 453]
taken that none of the
suspicious characters were allowed to land. The schooner was refused a
cargo, and she returned to Amoy.
The despatch of Prince Kung (enclosure C) gave me the first authentic
information of Burgevine’s arrest. I have not received Mr. Irwin’s
report, and I learned the same day that the British legation had
received full particulars of the arrest of Culling, an Englishman, taken
at the same time, and soon after given up to the British consul for
trial. It is apparent, from this despatch, that the imperial government
is determined to do whatever it can to stop this man’s further schemes
to injure it, and it must be granted that the provocation has been very
great.
Before answering the communication I deemed it best to confer with the
members of the Foreign Office, to learn their views, and found that they
regarded Burgevine as entirely their prisoner, alleging that Mr.
Burlingame had yielded all claim over him if he should again be taken in
the Emperor’s dominions. They were inclined to show him the less mercy
because he had confessed to the commander-in-chief, when brought before
him, that he intended to enter that city, if possible, to help the
insurgents. I replied that none of Mr. Burlingame’s despatches at all
supported their inference that he had yielded his authority in this
case, though the expression “severely dealt with” might involve the
extreme penalty of the law to be inflicted, but not by the Chinese
authorities.
The case presented peculiar difficulties. On the one hand, while section
fifteen of the act of Congress of June 22, 1860, makes rebellion against
the Chinese government, with intent to subvert the same, a capital
offence, it would be almost impossible to convict this man. If he was
tried for his previous acts in joining the rebels at Suchau, and his
subsequent connexion with them near Shanghai, the absence or death of
important witnesses would render conviction, according to our laws, very
difficult. On the present occasion he was taken when in company with a
British subject, before they had actually joined the rebels, though I
suppose there is no doubt that such was their intention.
On the other hand, it is very desirable to give every assurance to this
government that no effort shall be spared on our part to aid it in
preventing our citizens joining the rebels, or furnishing them with arms
or ammunition; and also no trifling with justice, in punishing those who
have given them aid and comfort. It justly demands it; and while we
promise to do what is right, we often find our actual means inadequate
to carry our purpose into effect along such an extended coast as this.
Burgevine had shown a settled determination to do the Chinese
authorities all the harm he can, and they have now stopped his career,
as he was on the point of accomplishing his purpose. They expressed
themselves willing to surrender him to the consul for trial, if I would
assure them beforehand that he should be executed for the crime of
rebellion; but as I could not do this, I endeavored to explain to them
some of our modes of procedure on trials, in order to show that it was
not from a desire to let him escape.
In order to show that I wished to do what would secure the ends of
justice, I then proposed to the officials to leave Burgevine in their
hands as a prisoner, on the ground that he had formerly held office
under them, while I referred the case to Washington. They consented,
after some discussion, and I accordingly replied the next day to the
Prince’s despatch, (enclosure D,) recapitulating some of the leading
points of the discussion, and maintaining that rights guaranteed by the
treaty were not yielded. I have not yet received a reply to this
communication, nor have I any authentic information regarding the
disposal of their prisoner by the provincial authorities after they had
taken him to Fuhchan.
I beg most respectfully to lay this appeal before you for advice or
decision, and I think you will not deem it strange that cases may arise,
under the regime of ex-territoriality, presenting peculiar features to
be considered and decided by the highest authority. In the opinion of
the Chinese, Burgevine’s criminality is aggravated by his having
voluntarily offered to drill their troops under
[Page 454]
General Ward, and received honor and commendation
for his bravery and skill on many occasions. They entered into no
stipulations with the United States authorities respecting his rights or
position; and while they conveniently suppress all reference to the
provocation he received, they see in it no justification for his turning
traitor to the flag he served under, and joining their rebellious
subjects. This offence was twice passed by, and he gave the consul
general a solemn assurance that he would finally leave the country;
otherwise he would have been tried for his life.
It appears to me that this fact of receiving official trusts and rewards
from the Emperor does aggravate the offences of him who, to gratify a
private pique, collects a band of foreigners and leads them off to fight
his former masters. The report that the rebels at Suchau in 1864
suspected his fidelity to them is not improbable; but he seems to have
thought it indifferent which side he took.
By leaving him in the hands of the Chinese his detention devolves on them
until your reply is received, whether or not he has forfeited his claim
for protection. I do not apprehend that he will be injured while in
their hands, and when I proposed to pay the expenses of his imprisonment
they declined to discuss the point. I insisted at first that the United
States consul should see after his condition, but as they wished to
remove him from the sea-coast, and had fears that such communications
might afford an opportunity for escape or collusion, I agreed to their
assurance of his safe-keeping.
I am under the strong impression that this man’s conduct has been a
reproach to the fair name of all western nations; for all other
foreigners, so far as I know, who commanded the imperialists, have acted
honorably in this particular, leaving the service if they were
dissatisfied, and not turning against it, I am mortified that an
American should have held this bad position; and Burgevine thought that
his own country would protect him, perhaps, and that his life was safe
from judicial condemnation. If I am rightly informed, he once aided
Walker in Central America, and was included in the sentence of
outlawry.
I do not think that the Chinese government will quote this case as a
precedent to refase the surrender of other prisoners who may be captured
when aiding the rebels; for you will see from enclosures E, F and G,
that three or four other Americans taken about the same time near Amoy
have been given up to the consul, and the officials here have expressed
themselves satisfied with deportation. But how can we secure that these
men will not return to try again to join the rebels? The Chinese usually
destroy their own subjects taken in arms, whose rebellion is often
prolonged and energized by the aid and skill of foreigners. By yielding
this prisoner to them, the example will deter others from trespassing so
far on the rights of Americans as to stir up sedition, trusting to the
want of witnesses and other legal proof to escape condemnation.
Cases have already occurred in China of aggravated manslaughter, and even
of deliberate killing of the natives by foreigners, whose crimes have
been punished by simple fines or mere deportation or short imprisonment;
while foreigners strenuously insist en full justice when life is taken
by the natives, or maiming with intent to kill. Such deeds are happily
diminishing, as foreigners are learning that they cannot so easily
escape justice, and the native officiais are becoming more willing to
co-operate in maintaining peace. The difficulties of independent
nationalities exercising collateral jurisdiction in the same region are
likely to increase almost to a state of hostility, if the original
native power feels that its rights and safety are continually
jeopardized by the insufficient restraint of the foreign powers over
their own subjects, who constantly plead their own laws and escape the
consequences that overtake the natives for the same offence.
As this case involved some questions of general interest, I early
consulted with Mr. Wade upon the propriety of this disposal of
Burgevine, and found that his views coincided with my own as to the
importance of assuring this government that in some way it should be
secured against his further machinations,
[Page 455]
and that a reference of the case to Washington
was, under the circumstances, the preferable course to take.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Enclosure A.]
Mr. Burlingame to Prince Kung.
Legation of the United States of
America,
Peking,
June 23, 1865.
Sir: On the 3d of May last I had the honor
to inform yon that the United States consul general at Shanghai had
reported his action in ordering General Burgevine to leave the
country, and that he had already sailed, but, greatly to my
surprise, I received a letter two days ago from the same officer,
dated the 13th instant, in which he informs me that he had heard it
reported that General Burgevine, in defiance of the laws of his
country, had stealthily returned to China, acting most audaciously
in so doing, but that he (the consul general) was using every effort
to apprehend him and deal with him severely.
It certainly shows a reckless disregard of all honor and propriety
for this man thus to steal back into the country after having left
it as he did, and I have this day written to the consul general at
Shanghai, urging him to adopt every possible means to have General
Burgevine arrested and dealt with severely. It is for this purpose
that I have made this communication; and have the honor to be, sir,
your obedient servant,
His Imperial Highness Prince Kung, &c.,&c.,
B.
[Translation.]
Prince Kung to Mr. Burlingame
June 27, 1865.(Tungchi, 3d year,
5th moon, 24th
day.)
Prince Kung, chief secretary for foreign affairs, herewith makes a
communication in reply:
I have received your excellency’s despatch of the 23d instant, in
which you inform me that General Burgevine, though he had been
ordered to leave the country, had returned here in a stealthy
manner, audaciously setting the laws of his country at defiance by
so doing, but that you had at that moment sent instructions to the
consul at Shanghai to take every measure to seize and punish him
severely.
This man deserves the severest punishment by the laws of China for
the injury he has done to her; and both your excellency and myself
have repeatedly treated him with leniency, even beyond the limits of
law, by ordering him to depart the country and never return to stir
up confusion. Our consideration towards him has been great, but he
has no sentiment of regret for his misdeeds, and this contemptuous
disregard for the laws of his own country, in stealing back to
China, shows bow Unmindful he is of the singular kindness we have
both shown him. His offences are such that it will be nearly
impossible for him again to escape a merited end.
As your excellency has already sent orders to the consul general at
Shanghai to exert himself to seize and punish General Burgevine, so
have I also issued injunctions to the local authorities at every
port to immediately co-operate and do what they can speedily to
seize him, which is the purpose of this communication in reply.
His Excellency Anson Burlingame, United States Minister.
C.
[Translation.]
Prince Kung to Mr. Williams
June 16, 1865.
(Tungchi, 4th
year, 5th moon, 23d day.)
Prince Kung, chief secretary of state for foreign affairs, herewith
makes a communication:
On the 13th instant a despatch was received from Li, the
superintendent of commerce at Shanghai, enclosing the following
report from Kwoh, acting commander-in-chief in Fuhkien:
“Mr. Stanley, a foreigner who is engaged in drilling the troops,
while off the port of Amoy, on the 13th ultimo, happened to observe
Burgevine and an Englishman named Kihling
[Page 456]
(Culling) on board of a schooner, and learned
that they intended to go to Chang-chan-fu to join the rebels. He
also ascertained afterwards that they had embarked for the city in a
small boat, and stopped at a place called Chin-mun, about a league
distant. Stanley thereupon sent a letter to the commissioner of
customs at Amoy, who had himself just received a communication from
the customs office in Formosa, stating that Burgevine had gone over
to Amoy to join the rebels at Chang-chan, and he immediately
despatched some of the foreign tide-waiters to go out in search of
the two men. They were taken and carried prisoners to the camp of
the commander-in-chief, and on being questioned by officers there,
confessed that they intended to join the rebels, and so were sent on
directly to his excellency Tso, the governor general of Fuhkien and
Chehkiang, with the request that we would take the case in hand,
execute Burgevine as a felon, justly obnoxious to the laws, and hand
over the other man to his own consul for punishment.”
The above, and another report which has been received from Mr. Hart,
the inspector general, having reached me, (Prince Kung,) I find that
this man Burgevine has broken the laws a great many times and ways.
He has struck our officers and robbed our money. In 1864 he skulked
off to Su-chan to join the Taiping insurgents, and help them with
arms and supplies, &c. He committed piracy by seizing a steamer
with which to resist his Majesty’s forces. Now, for one who, like
him, had taken an official salary from China, to voluntarily join
the rebels was an act in violation of our laws, and it was a great
disgrace to the fair fame of the United States also, and he well
deserved to have been executed when he was arrested, or if he had
been shot down by our troops it would have been no more than his
crimes deserved. This was stated formerly in one of our despatches
to Mr. Burlingame. But seeing that Colonel Gordon interceded for him
at the time, and he himself expressed regret for his misdeeds and
intended to reform, they were mildly inquired into, and I agreed
with Mr. Burlingame to let him off from further inquiry, if he would
leave China, never more to return. But in May, last year, it having
been reported that Burgevine, utterly despising the laws of his own
country, had stealthily returned to China, and proved in doing so
that he had no regard for anything, Mr. Burlingame informed me that
he had ordered the consul to seize and punish him, and I also
enjoined our officers to take him wherever he could be found. He
being set in his evil courses, has now tried to get into Amoy, and
secretly join the insurgents in that region. His object from first
to last is to injure China as much as he possibly can. He has
neither respect nor dread of the laws and penalties of either his
own country or of this, and is, as your excellency has truly
observed, no longer to be regarded as an American who deserves to be
protected.
While, therefore, the three criminals, Ward, Butler, and Carter, who
were arrested at Chang-chan for aiding the rebels, shall be handed
over to their consul, and the Englishman Culling will be delivered
to the British consul, for the purpose of each of them being
examined and punished as their cases deserve, Burgevine, who has
been arrested as he was on his way to join the rebels, should be
treated as before decided, and be now executed Such a course would
please the minds of all, and deter other wicked men from similar
conduct.
If hereafter other Americans should follow the same lawless course,
and join the insurgents, I confidently trust that your excellency
will give such orders to the United States consuls on the coast to
exert themselves in assisting to arrest them as will strengthen the
amicable relations now existing between our countries.
I shall expect a reply to this despatch.
His Excellency S. Wells Williams, United States Chargé d’Affaires.
[Enclosure D.]
Mr. Williams to Prince Kung.
Sir: I have the honor to acknowledge the
receipt of your Highness’s despatch of the 16th instant, informing
me that Burgevine, while on his way to join the insurgents at
Changchan, had been seen by Stanley, and reported to the
commissioner of customs at Amoy, who had immediately sent
tide-waiters to search for him; and that they had arrested him and
another foreigner, who had been given over to the charge of Kwoh,
the commander-in-chief, and by him sent from the camp to the office
of his excellency Tso, the governor general of Fuhkien and
Chehkiang, to be immediately examined, requesting, at the same time,
that he would carry out the law upon Burgevine in conformity to
previous agreement, &c.
Since the receipt of your Highness’s despatch of June 27, 1864, in
which you stated that you had also issued injunctions to the local
authorities in every port to co-operate in trying to seize him, that
he might be severely punished, I have heard no tidings of Burgevine
until this time, when his arrest is reported in the present
despatch.
He having now been arrested as a criminal, it is required by the
eleventh article of the treaty that he should “be given up to the
American consul, to be tried and punished; but when his repeated
offences, and contemptuous disregard of the laws, both of the United
States and China, are considered, all proving that he is reprobate
to all good things, it is difficult to extenuate them.
[Page 457]
I therefore request your Highness to detain this man in confinement
in the country a few months, while I refer his case to my own
government for instructions, stipulating in the dis-tinctest manner
that the officers in whose hands he is placed shall not injure or
insult him in any way. In so doing, I will inform them of his whole
conduct, especially that he has been in the service of the imperial
government, but, by deserting and joining rebels in arms against it,
he has lost his position, and forfeited all respect; and still more,
by stealthily returning to China, the question arises whether his
own authorities are bound any longer to protect him, and whether he
should not be given up to be tried by Chinese laws.
As soon as I receive instructions how to dispose of this unusual case
I will inform you; but this arrangement appears likely to uphold
treaty stipulations, and, at the same time, afford security that the
guilty shall not escape.
I have the honor to be, sir, your Highness’s obedient servant,
His Imperial Highness Prince Kung, &c., &c., &c.
[Enclosure E.—Translation.]
Prince Kung to Mr. Burlingame.
May 4,
1865.(Tangchi, 4th year, 4th moon,
4th day.)
Prince Kung, chief secretary of state for foreign affairs, herewith
makes a communication:
I yesterday received a despatch from Li, the imperial commissioner
and governor of Ki-ang-su, at Shanghai, which contained the
following extract from the report of Tsang, the intendant of the
Hinghwa and Tsiuenchau circuit, then in charge of the military
operations at Amoy:
“I have lately captured an insurgent, named Sie Ying-lung, and three
foreigners, whom I have fully examined, and now forward their
depositions, requesting you to look at them and furnish me with
instructions how to act.”
The governor then says: “I learn from the papers that one of these
men named Hwarh (Ward) produced a passport which the American consul
had furnished him, to go to Such an, in Kiangsu. They further state
that this man is an American, and in company with others named
Puh-ti-lih, (Butler,) and Koh-teh-lih, (Carter,) had gone to
Changchan, (a city near Amoy,) for the purpose of selling foreign
arms [to the insurgents.] It was affirmed that the last two were
also Americans, and they all confessed that they had gone to
Changchan to sell foreign arms. I therefore forward the whole case
to you.”
I cannot but recall to mind the severe prohibitions existing against
foreigners supplying rebels with arms, or assisting them at all, and
that the same rule has long been embodied in the regulations for
trade on the Yangtsz; and, furthermore, that in consequence of my
reporting to your excellency that an American steamer had gone up to
Nanking, in the winter of 1862, you replied, “The violation of
treaty stipulations by this steamer is to be much regretted, and I
shall carefully ascertain the facts, and punish her according to
law. If others of my countrymen violate the rules and break the laws
in this respect, I wish you to inform me at the time, and I will
take due measures for their punishment.”
In a case like this, where traders violate the rules, there is no
need of you and I issuing one order after another about it; so if
Hwarh (Ward) and the others have had the audacity to avail
themselves of a passport for Kiangsee to slyly go on to Fuhkien and
sell their arms to rebels in actual insurrection, it is plain that
they intended to break the treaty and all the prohibitions which you
have issued.
The intendant of circuit Tsang examined them all in company with the
two commissioners, Messrs. Meritens and Hughes, and there is no kind
of doubt of the fact that these men did sell foreign arms to the
rebels and assist them by so doing, and should, therefore, be
pun-ished as the treaty requires, in order to deter others in
future.
I have given directions to the local authorities to deal with the
rebel Sie Ying-lung according to law, and now also inform your
excellency of the circumstances connected with the charges against
these three Americans of aiding rebels by
selling them arms, to the end that you may send such instructions to
the United States Consul Seward, to judge and punish them by
American law, as are necessary. When the case is finished I wish you
would inform me of the results.
His Excellency Anson Burlingame,
United States Minister to Chima.
[Enclosure F.]
Mr. Burlingame to Prince Kung.
Legation oF the United
States,
Peking,
May 5, 1865.
Sir: Last month I was informed by Mr.
Seward, United States consul general, that the Chinese officers had
seized some native rebels and foreigners who had been found
illegally
[Page 458]
selling foreign
arms to the people, and that the American consul at Amoy was about
sending the foreigners to him to be tried before he had himself
examined them.
I have now the honor to acknowledge the receipt of your despatch of
yesterday, informing me of the arrest of the three Americans who
were found selling arms to the rebels, and I shall direct the consul
general to deal with them as the treaty requires, and punish them.
As soon as I learn his action in the case, I shall inform your
Highness of the same. I have the honor to be, sir, your Highness’s
obedient servant,
His Imperial Highness Prince Kung, &c.,&c.,&c.,
[Enclosure G.]
Mr. Williams to Prince Kung.
[Extracts.]
Legation of the United
States,
Peking,
June 21, 1865.
Sir: Referring to his excellency Mr.
Burlingame’s despatch of the 5th ultimo, informing you that he would
take the earliest day after learning the particulars of the case of
Ward and others, who had been charged with selling arms to the
rebels, to acquaint you with what had been done, I now have the
honor to inform your Imperial Highness that Mr. Seward, United
States consul general at Shanghai, has sent me the following
report:
“In March last three Americans were arrested near Amoy, whose names
were Edward E. Ward, John W. Butler and John Carter, and on April
1st a fourth, named Hillman, all of whom were forwarded to me by Mr.
Irwin, United States consul at Amoy, for trial. On the passage up
from Amoy, Butler was wounded on board ship and died from the
effects of the Wound at Ningpo. The other three on examination
confessed that they had gone to Chang-chan, not to join the rebels,
but only to help them as agents to purchase arms. They have all been
straitly warned, and required to give bonds with sureties that they
would leave the country, not again to come back, which they have
done.”
In communicating this information of the proceedings taken respecting
these three men, it is proper to observe, that from it your Highness
will see that the United States consuls at the ports are exerting
themselves as far as possible to aid in arresting and punishing
criminals, and thereby preserve the peace.
I have the honor to be your Imperial Highness’s obedient servant,
His Imperial Highness Prince Kung, &c.,&c.,&c.,
