Anson Burlingame to William H. Seward, December 19, 1863

Mr. Burlingame to Mr. Seward

Sir: I have the honor to inform you that Thomas Walsh, esq., an American merchant, agreed with the Japanese government to sell and deliver to it certain guns which were at Macao. To carry out this agreement he chartered the steamer Scotland, and despatched her to Macao, where the sea was so rough that she could not take in the guns; whereupon, under the advice of the pilot, the captain of the Scotland took her to Cum-Sing-Moon, a place under Chinese jurisdiction, about nine miles from Macao, where he commenced taking in cargo from that place, with the assent of the Portuguese governor. While thus engaged the British gunboat Scout appeared, and while the United States flag was flying, fired across the bows of the steamer’s cargo boats; after which her officers searched them and then boarded and searched the Scotland herself, but, finding nothing to warrant the search, they departed.

After this, according to Mr. Walsh, these officers informed the Chinese authorities that the Scotland was at Cum-Sing-Moon, whereupon they despatched officers who seized and took her to Whampoa, at which place she was detained under the surveillance of two British war vessels.

With these facts before him, our consul at Canton, Mr. Perry, promptly demanded the release of the steamer and cargo, which demand was refused, on the ground, chiefly, that the Scotland had violated the 14th article of the treaty in relation to clandestine trade, and also for the reason, privately given, that such release would offend the English. The above facts I learned from the letter of Mr. Walsh, which, with its enclosures, I herewith send, marked A. Immediately on the receipt of the letter from Mr. Walsh, I brought the facts to the attention of Sir Frederick Bruce, the British minister, and freely commented upon them, but to his credit let me write that there was no necessity for debate as to the impropriety of the conduct of her Majesty’s officers. He admitted it as fully and as indignantly as I asserted it, and he marvelled, as I did, that they should have presumed to search the vessel at all; but much more so, that they should have done it in neutral waters, thus committing a double offence against international law.

To relieve his government from the odium of such conduct, Sir Frederick sent the British interpreter, Mr. Brown, with the United States interpreter, Dr. Williams, to make known his views to the Chinese, and to support my application for the release of the steamer and cargo. I addressed the letter marked B to Prince Kung, by agreement, after a discussion at the Foreign Office, which might serve as a memorandum of the facts, and immediately received a letter from him, addressed to the governor general at Canton, instructing him to release the vessel and cargo, which letter was accompanied by the note from the Foreign Office, marked C, signed by the principal officers of the government. in which you will find the significant allusion, to the “increasing friendly relations now existing between our countries.” I mark also the good will of the Chinese in accepting my representation of the facts. Sir Frederick also addressed a letter to the British consul at Canton, in which he most pointedly condemned the conduct of the officers, and set forth his views at large against their action. He addressed a despatch in the same sense to his government. He also addressed a letter to me, which he requested me to make known to Mr. Walsh, whom he knew personally, in which he expressed a hope, that if there should be war with Japan, he would, in the common interest, see to it that the guns should not fall into the hands of the common enemy. That the letters might all arrive at the same time, they were confided to my care by Sir Frederick, and Prince Kung and I had the pleasure to forward them in two days after the receipt of Mr. Walsh’s letter, by express overland to our consul, Mr. Perry, with the despatch to him marked D.

The steamer and cargo are of great value, and I rejoice at their release, but more especially at the manner of it. This case once more illustrates the power and harmony of our co-operative policy. I particularly refer to the manner in which the British minister met the questions involved. I hope his government will meet them in the same spirit, and thus turn that which might embitter our relations with England into the most potent means of strengthening them.

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