Prince Kung to Anson Burlingame, June 11, 1863

Prince Kung to Mr. Burlingame

Prince Kung, chief secretary for foreign affairs, makes a communication:

I have the honor to receive your excellency’s last despatch with reference to the Burgevine affair. In answer, allow me to state that I find of all the charges brought against Burgevine, the most serious is that of his disobeying orders. And the reason is, because the rebels at Nanking, having heard that the Chinese government had ordered the “Ever-Conquering Legion” to proceed to attack Kewfuchow, they (many troops at the said place, intending to oppose the forces sent against it) having afterwards been informed that Burgevine disregarded orders—that for more than two months he was delaying, and finally refused to proceed—they at once attacked and succeeded to capture Pukow, Kiangpu, Hochow, and Hanshaw, and the result was that some hundreds of thousands of Chinese subjects were miserably destroyed. Now, the troops commanded by Burgevine did cost the Chinese government some millions of taels, and then caused by such a misconduct several hundred thousand Chinese to perish. This is an offence which can by no means be excused. Again, it was Takee who first recommended and went security for Burgevine, and, moreover, supported and assisted him with money for some years. His conduct then towards Burgevine was certainly very generous and liberal. Notwithstanding all this, the latter made a violent assault upon him in his own residence, and inflicted injuries upon his body. This is another offence which cannot be excused. As to the other accusations brought against Burgevine, allow me to express my opinion, that in the case of any charges and accusations brought against an individual, if he be indeed innocent, although not a single word should be spoken toward the clearing of said charges, his innocence must, in the course of time, manifest itself, as a matter of course. This is an established principle. And since your excellency explicitly assures us that you will not compel (the Chinese government) to employ Burgevine again, it follows that, by not discussing these points again, his reputation will by no means suffer any injury.

Your excellency also mentions the fact that Burgevine served the Chinese government for some years, &c., &c. I beg to state that with reference to this point, that when Burgevine served the Chinese government, the Chinese government amply rewarded him for his services, and this more than on one occasion. Twice he was promoted by imperial decrees, &c, &c. He did, therefore, long since receive benefits fully adequate to his services. On the whole, there ought to be no distinction made between a Chinese and a foreigner. Allow me to ask a question: suppose a military officer in the service and pay of the United States should disobey the orders of his superior, and cause thereby some failure or disaster, what, according to the laws of foreign countries, would be his punishment? Once more: Burgevine did, really and voluntarily, hand in a petition to be allowed to become a Chinese subject. The paper with his personal signature can, if necessary, be produced as evidence. And since he did thus become a Chinese subject, he ought to have been dealt with according to the laws of China. However, since your excellency did so many times intercede for him, I shall not insist upon this point. I am now waiting for an imperial decree to have Burgevine expunged from among the number of Chinese subjects, and then I expect your excellency will order him to America, and there be dealt with according to the laws of your country.