No. 200.
Mr. Denby
to Mr. Bayard.
Peking, April 17, 1888. (Received June 4.)
Sir: I have the honor to state that the vice-consul of the United States at New-Chwang has put this question to me:
To what pains and penalties are Americans liable if proved to be engaged in the smuggling of fire-arms and contraband of war into China?
I have answered that no nation that I know of punishes with personal punishment its own citizens for breaches of the revenue laws of other countries; and that no statute defining and punishing the offense of smuggling into China, except the opium statute, exists in the United States. I have advised him that should such case arise he would have to exercise his judgment, and that while deportation is unknown to our laws, it is probable that the guilty person could be induced voluntarily to go away never to return. Confiscation of the smuggled goods is the only penalty I know of.
In the event that a Chinese subject, who is employed in an American ship, is caught on shore in China in the act of smuggling, he should be left to be handled by his own Government, without interference by the United States consul.
A different question would arise if the arrest were attempted to be made on board of an American ship.
Such a case should be immediately reported to the legation.
I submit these views to your better judgment.
I have, etc.,