Anson Burlingame to His Imperial Highness Prince Kung, October 5, 1863

Mr. Burlingame to Prince Kung

Sir: I have the honor to acknowledge the despatch of your imperial highness of September 22, in which you inform me of the practice of masters of American ships presenting false manifests, and that the consuls would not interfere to remedy the evil, &c., &c.

As this despatch indicates no names, nor specifies the dates or kind of property, I have no data on which to instruct the consuls to act, nor have I heard before of this practice of rendering false manifests. But in respect to the suggestion to enjoin United States consuls to observe treaty stipulations I beg to enclose a copy of a correspondence with the consul at Shanghai respecting a case of infringing the Tangtsze regulations, from which you will perceive the desire on our part to strictly enforce the rules.

In August last he wrote as follows: “The firm of Frazar & Co. had bought two native boats which were sent up the Yangtsze river with cargo to the open ports, but at the end of the three months, which the regulations require as the limit at which the shipping permit is to be returned, they did not present the one for these boats, but said that if required they could bring evidence that the goods had entered the customs.

“The firm of Leighton & Co. seat a vessel up the Yangtsze with cargo, whose permit was in like manner not returned in time, but was handed in at the Shanghai custom-house after the three months. Now, both of these were cases of infringement of the regulations, though one returned the permit and the other did not. They have stated their cases to me, and, so far as I can see, the one overpassed the time and the other lost the permit; they were not engaged in smuggling, and might be released from the fine.

“The customs officers said the merchants were not smuggling, but still had broken the regulations, and should be fined fifty taels each for their offence instead of five hundred. This was reported to me and I confirmed the decision, but it appears that the two firms resist this judgment, and refuse to pay the fine because they had not been smuggling. The customs officers maintained, however, that this infraction of the regulations caused them much inconvenience; I have, therefore, deemed it best to report the two cases for your decision, for this violation of the regulations and refusal to pay the fines are against all order.”

On receiving this report and perceiving that the conduct of the two firms, in refusing to pay the mitigated fine of the customs officers, indicated great disregard of the Yangtsze regulations, I immediately directed the consul at Shanghai to adjudicate the cases according to the strict letter of the regulations, and levy the fines as therein stated. From this statement your imperial highness will perceive that the United States consuls are zealous in carrying out all the regulations respecting the trade on the Yangtsze river.

As to what is said in the despatch under reply about rendering false manifests, and the indifference of the consuls about attending to the matter, you will perceive from this that all the officers of the United States regard the treaty as of the highest importance. There is not, therefore, at present any need of enjoining this matter upon them, as they already know their duties and desire to fulfil them.

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