Anson Bureingame to His Imperial Highness Prince Kung, December 17, 1866

Mr. Burlingame to Prince Kung

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