Anson Burlingame to His Imperial Highness Prince Kung, October 21, 1863

Mr. Burlingame to Prince Kung

Sir: I beg to acknowledge the receipt of your imperial highness’s despatch of the 16th instant, in which you remark that the presentation of false manifests is not confined to any nation, nor to any one of the ports. If an Englishman is convicted of this offence, the thirty-seventh article of the British treaty provides that it be punished by a fine; but in case of an American committing it, his treaty brings it under article fourteen, wherein it is stipulated that all such cases shall be punished by the Chinese government, &c. It appears, therefore, that offences of this description are decided by a different rule from the English; and I wish to express my thanks for the thoughtfulness herein exhibited in that, while desirous of carefully observing all treaty stipulations, you still think that a more equitable rule can be made whereby American merchants shall not be mulcted more heavily than others. It is clearly the most equitable mode of disposing of such cases.

The consuls of the United States in China will, therefore, for the present, decide all cases of presenting false manifests of cargo in conformity to the provisions of article thirty-seven of the British treaty; but in respect to adopting this as a permanent modification of the fourteenth article of the United States treaty, it will be necessary first to represent the circumstances and argument of your present despatch upon the subject to the government at Washington. When I have received a reply I will communicate further upon the matter.

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