Anson Burlingame to His Imperial Highness Prince Kung , Principal, October 24, 1862

Mr. Burlingame to Prince Kung

The undersigned, envoy extraordinary, &c., &c., has the honor to acknowledge the receipt of your Imperial Highness’s communication of the 21st instant, in which you refer to the fact that the acting American consul at Ninchwang, Mr. Knight, has established a commercial house, and that this proceeding is contrary to the stipulations of the treaties with foreign powers. The undersigned has examined in relation to this point, and can find no stipulation in the treaties forbidding a man who is engaged in trade to perform consular functions, and (begs to add) that both the French and Russian nations have also consuls, who are likewise merchants. In respect to the reply of the late United States minister, Mr. Reed, upon this point, it may be observed that it referred to the consuls of the United States then at the five ports, to which places the government has designated officers with salaries; but it has not yet done so with regard to the newly opened ports, as Hankow, Tientsin, Ninchwang, &c. If persons who are suitable for such posts are not temporarily appointed to do their duties at ports like these, where American ships come in great numbers, then to whom shall consular functions be intrusted? Is it not much better to have some one in the office than to let it remain vacant? Such a course cannot be considered to be against propriety; and these remarks will also serve for a reply to the despatch of your highness of the 3d of September. Both that communication and the one under reply shall be forwarded to the United States, and when the government sends officers to fill these consulates, notice of the same shall be given.

With respect to the conduct of Mr. Knight, in becoming surety for Tang Sing-kii, who owed money to Li Hanwan, the undersigned has no information, but will make inquiry into the circumstances, and then communicate on the matter. He need here only state that he will allow nothing to be done which is improper, nor permit any one to screen a person in wrong-doing for his own private ends.