Anson Burlingame to William H. Seward, November 6, 1863

Mr. Burlingame to Mr. Seward

Sir: I have the honor to forward to you several documents relating to the wrecks of American vessels on this coast and my action thereon; they would have been sent sooner had I not expected some definite information respecting the loss of the Kien-wan.

The first (enclosure A) is my reply to Charles Kelson, giving my reasons for declining to bring his claim for indemnity for his losses to the notice of the Chinese government. He estimated his personal losses at $2,622, but nothing has yet been presented to me on account of the ship and cargo by the owners or underwriters.

The second (enclosure B) is a similar answer addressed to O. B. Bradford, esq., the United States vice-consul at Amoy, giving my reasons for not presenting the claim of Frank J. Luders for losses sustained by him and others to the amount of $18,000 by the wreck of the brig Askanderia on Formosa. These two letters contain the principal facts about both these wrecks, so that I do not send more; and I refer to them as containing my reasons for not demanding indemnity of this government for losses sustained thereby, and I hope you will approve the grounds for so doing. The subject is a difficult one to settle satisfactorily, but the conduct of the Chinese officers on occasions of wrecks is in general humane. Wrecks are frequent along this coast, and some of them are attended with much suffering. In most cases the lives of the unfortunate crews are safe, even if their vessels and cargoes are plundered, however, and the ruthless wreckers themselves are restrained from killing the men by a fear of condign punishment.

I am informed that when the thirteenth article of the American treaty was under discussion, the Chinese negotiators were desirous to learn the usages in. western countries respecting wrecks, and refused to modify it so as to take the responsibility for the lawlessness of their subjects towards shipwrecked people. I am desirous to learn the views of the government on this question, and, in order not to hamper it in any way, I refrained from all reference to a claim in my note to the Chinese government. (Enclosure C D.)

The other two papers (enclosures E F) show that the treatment of castaways in other parts of the coast is sometimes in marked contrast to the experience of Captain Nelson, and I am told that such instances of kind treatment are not un common. I have not yet learned the proper name of the Kien-wan, (for the Chinese characters do not convey the true sound,) but as soon as the details of the wreck come to hand I will inform you, for I think the case a very good one (if the facts turn out to be true) for special approbation and reward on the part of the United States government. If I could obtain the insertion of a notice in the Peking Gazette that the prefect of Fah-chan had been allowed to receive a present for this kindness to American citizens, the effect might be encouraging to other officials in similar cases. Whenever native vessels are wrecked, the shore people usually pounce upon them and take the hull and cargo as their lawful property, and the crews seldom try to defend their vessels.

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

[Untitled]

Prince Kung, chief secretary of state for foreign affairs, herewith sends a communication.

I received a despatch on the 4th instant from the general in command at Mukten, enclosing a report from the military magistrate at Fuh-chan, to the following effect:

“On the 24th of September the American ship Kien-wan, on her passage along the coast near the mouth of the Han-kia river, was driven by a tempest on the ledges and wrecked. A linguist (or comprador) came and reported the disaster at this office, and begged that two junks might be hired to take off the cargo, and carry it to Yingtsi, at the same time handing in a despatch from Mr. Knight, the United States consul there. Soldiers and policemen were accordingly detailed to go to the spot and carefully guard the property; and seeing that the vessel was fast on the rocks, I had the cargo taken ashore and stored in a fish warehouse hired for the purpose. This place (i. e., Fuh-chan) lies along the sea-side, however, has no harbor or shipping, nor is there any regular price for hiring boats.

“After this there came in another despatch of the linguist, requesting that four policemen might be retained in charge of the property, and a large junk be immediately hired to proceed to the spot to be in readiness for use at the ship, as a small one would not serve. I accordingly despatched a messenger post haste to Niang-Niang to hire a junk; and lest the merchants should become impatient, I wrote to inform them that Fuh-chan was a very small incommodious place, and really furnished no large junks that could be hired.

“Shortly afterwards the consul sent for nine Americans to go to Yingtsi to get a junk. So I engaged three carts for them, and detailed a gens d’armes to accompany them. On the 27th the captain of the ship went off to the reefs, and set fire to the vessel, which was entirely burned: He also urgently pressed the hiring of a vessel; and on the 30th three junks arrived from Niang-Niang, with the messengers. He immediately put aboard all the goods which were stored on shore into two of the junks, all in good order, nothing being lost or left, and sailed the same day for Tingtsi, full of joy and grateful for the accommodation.”

It is the rule that whenever a foreign vessel is disabled or wrecked within Chinese territory, the local authorities at the place shall, on being informed thereof, devise means to assist the crew and save the cargo. Now, in this instance of the ship Kien-wan, lost on the shoals near Han-kia river, within the jurisdiction of the magistrate of Fuh-chau, it appears that the latter, on receiving the despatch of Mr. Consul Knight, forthwith sent policemen to the spot to look after things, hired a house to store the goods in, and, seeing no junks could be engaged there, despatched men to go to Niang-Niang to procure three, into which the cargo was laden without loss or injury. It may justly be said that the officers at Fuh-chau have exerted themselves in every way to afford their help and protection.

In the despatch [from Mukten] there is a sentence, however, respecting the linguist’s despatch, which needs to be noticed, for it is contrary to the treaty; and if the linguist did himself write an official communication, (as if he were a consul,) such presumption should be reprimanded and the practice stopped. If it is not, I am afraid that when another instance like the present occurs, the local officers will be offended at its impropriety, and refuse to receive the document, whereby detriment may perhaps result to the distressed seamen. I have accordingly notified the general in command at Mukten to send a copy of the linguist’s despatch for the information of the consul, that he may reprove the man.

I also inform your excellency of these occurrences that a notice may be sent to merchant captains, that if they meet with disasters along the coast, where a consul’s help cannot be obtained, they had better resort to the magistrate’s office, state their case, and ask for assistance; but by no means get the linguist to write a communication in the name of the consul.