Prince Kung to Anson Burlingame, September 22, 1863

Prince Kung to Mr. Burlingame

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

A despatch has been received from his excellency Li, superintendent of commerce at Shanghai, as follows:

“I have been informed by the intendent of circuit at Shanghai that Mr. Macpherson, acting collector at that port, has written to him, stating that it is the common practice of masters of American ships at that port to present false manifests of cargo, nor will the United States consul pay any attention to this fraudulent conduct of the shipmasters. If they continue to act thus, measures should be taken to deal strictly with them in order to put a stop to this loss and injury, and I request you to inform the United States consul, that he may attend to the matter.

“The intendent thereupon wrote to Mr. Consul Seward respecting it, who replied, ‘the presentation of false manifests is a great evil, and is practiced to some extent, but until I have reported the question to the United States minister at Peking I cannot levy any fines.’ I accordingly refer the whole subject to the foreign office for instructions how to act in such cases.”

On receiving the above despatch I examined the treaty, and find that the XIVth article provides: “That any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese government, without being entitled to any countenance or protection from that of the United States.” The XXIst article further stipulates: “That if the superintendent of customs, on examination, shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese government.”

Now, it is both a fraud and a loss of revenue to present a false manifest; and as the consul knew that the detriment was great he ought to have aided the collector and carried out treaty stipulations, and by inflicting the punishment to have deterred others from like practices. Moreover, his excuse that he could not punish the delinquent because he had not yet reported the matter to the United States minister was an evasion of duty far from an honorable and straightforward course.

In addition to sending this despatch to your excellency and orders to Li, the superintendent of commerce, that he may inquire into the matter and settle it, I likewise request that you will enjoin on all the American consuls that whenever a case of presenting false manifests comes before them they will strictly carry out the full stipulations of article XIV of the treaty about clandestine trade, and also of article XXI respecting frauds on the revenue.

It is to this end that I write, and in the hope of receiving a reply.

His Excellency Anson Burlingame, United States Minister.