Anson Burlingame to His Imperial Highness Prince Kung, December 15, 1863

Mr. Burlingame to Prince Kung

Sir: I received yesterday a communication from T. Walsh, an American merchant, relating to the detention of his steamer by the collector of customs at Canton, who had seized it without cause, and detained it under a mistake, and was about to confiscate it. He says that his steamer was at Macao, taking in some large cannon of American manufacture, to carry them to Japan for the Tycoon, according to a contract he had previously made with the Japanese, and in agreement with treaty regulations. When at Macao, the north wind made the sea so rough that he took her into Cum-Sing-Moon to escape its violence; this spot is a small harbor along the coast, about twenty-five li from Macao, and almost uninhabited, so that it can be clearly seen that she did not go in there for clandestine trade. While busy transshipping the guns, an officer from the custom-house at Canton came on board, who declared that the ship was smuggling, and thereupon seized and took her to Whampoa. As soon as she anchored there, two British gunboats also anchored at her sides to watch her proceedings, because the Japanese and the British have had a quarrel, and the latter were afraid that one of the princes of that country was buying these large American guns, and wished to stop the vessel going there. The charge of smuggling was, therefore, trumped up against the steamer, and reported to the collector of customs at Canton. The United States consul informed him of all the particulars, and demanded the liberation of the vessel, but he replied that he could not do so, because it appeared that she had been engaged in smuggling in the outer seas. The case is, therefore, reported to you, as the minister residing at Peking, that you may act; the monthly expenses are very large, and she cannot long remain detained in this way.

I have learned from this account of the case that this affair does not really belong so entirely to China, and that the act of entering Cum-Sing-Moon was not at all for the purpose of smuggling or evading the duties. The owner of the ship, Mr. Walsh, is worthy of credit, and an honorable merchant. The collector at Canton, having detained his vessel in this manner, and seeing that the ice will soon close the navigation in the Pei-ho, and no more steamers will come up, (to Tientsin,) while the monthly expenses of the vessel at Whampoa will be uselessly spent, I specially request that orders may be despatched to the collector at Canton to examine into the matter clearly, to the end that she may be liberated. I shall be obliged if the despatch is sent to me, and I will instantly send it under cover to the United States consul at Canton, so that no delay be experienced.

I have the honor to be, sir, your obedient servant,