Anson Burlingame to William H. Seward, November 5, 1863

Mr. Burlingame to Mr. Seward

Sir: The accompanying enclosures relate to a proposition on the part of the Chinese government to modify Art. XIV of the American treaty, which they think bears hardly on our citizens in some of its applications; and I have the honor to bring the subject to your notice, with one or two remarks.

It grew out of a complaint made to this government by its officers at Shanghai, (enclosure A,) that it was a common practice of American shipmasters to present false manifests of their cargoes, and that the consuls were unable or unwilling to remedy it. I replied to this allegation, (enclosure B,) that it was necessary to state particulars; but deemed it pertinent to their despatch to mention the judgment given in two cases of violations of regulations, in order to show them that our consuls did what they could to maintain the laws over American citizens.

To this Prince Kung replied (enclosure C) with a suggestion to modify the XIVth article of the American treaty, so as to conform the penalty for presenting false manifests to that laid down in the British treaty. His reasoning seemed to me just, and the proposal indicated more thoughtfulness than I had looked for, and a desire to harmonize the diversities found in the treaties. I accordingly agreed to the suggestion (enclosure D) until a reference could be made to the government at Washington, and have already issued a notice to the consuls to this effect, (enclosure E.)

I submit the question for your consideration, with the respectful request that instructions may be furnished me, so that I may inform the Chinese officials.

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