William H. Seward to S. Wells Williams , United States Chargé d’affaires, July 13, 1868

Mr. G. F. Seward to Mr. Williams

Sir: I inclose the supreme court and consular Gazette’s report of the trial in the consulate of F. H. B. Jenkins, for setting on foot an expedition to Corea, having for its object to exhume the remains of a dead sovereign, or other person or persons of that country, and to hold the bones for profit.

This expedition left Shanghai in April last. There were apparently three leaders: a French priest named Farout, a citizen of Hamburg named Oppert, and our countryman above named.

A steamer under the North German flag, named the China, of 648 tons, was chartered for it, and a steam tender of 60 tons, about, also provided. About eight Europeans, 20 Manilas, and 100 Chinese sailors, beyond the complement of the ship, were engaged and embarked. At Nagasaki muskets enough were taken to arm all these. Arrived on the coast of Corea, two small boats were seized, and within a few hours the tender towing them steamed up a river about 40 miles. Here the crowd of armed men landed and made their way across the country to a graveyard, where the surrounding hills were covered with Coreans; they went to work to exhume the bones for which they had come. These were contained in a stone or mason work sarcophagus, and having penetrated through the earth to it, they found themselves unable to do more, and returned to the large steamer, having met no opposition which they had not overcome by the simple display of their arms, or by firing them in the air. The vessel was at once transferred to another point on the coast. Here communication was opened with native officials, and carried on during three days. Of its nature I know nothing, excepting that on the third day a number of people landed from the steamer, and, although apparently taking no hostile steps, were fired upon. Two men were killed and one severely wounded. The China then started for Shanghai, where she arrived after an absence of about two weeks.

Before the departure of the expedition, Mr. Jenkins had told me that he was about making a visit to Corea with a French priest and Mr. Oppert, to open negotiations, which he said were invited by the Corean government, looking to the sending of an embassy to Europe and America for the purpose of explaining the treatment of the French missionaries in 1866, and of the crew of the General Sherman. After his return he told me of the real object of the expedition—to exhume the bones of a former king, and to hold them, to force a large payment of money. He at the same time declared that he was innocent of any knowledge of the purpose until after sailing from Nagasaki, when it was too late to leave the vessel.

I was not at all satisfied with this statement, and set to work to sift it. The result of my inquiries was a conviction that Mr. Jenkins ought to be put on trial.

I accordingly instituted legal procedure against him, as seen in the above-mentioned report of the Gazette, resulting in his acquittal.

The indictment as noticed charged him with setting on foot an expedition, &c. I did not feel authorized to take jurisdiction of anything done outside of my consular district, but had I been authorized to do so, the result on the evidence gleaned must have been the same.

You will notice that the verdict is a simple acquittal. This is equivalent, under our rules, to the Scotch verdict not proven. For while the evidence would not at all justify a conviction, it left an unfavorable impression on my mind, and with the associates. The presence of the accused with the expedition, his furnishing a large amount of money, although ostensibly this was a loan, and a large quantity of arms; his failure to indicate that he remonstrated when told of the real purpose of the expedition, and his reliance on the weakness of the prosecution rather than on the strength of his own case, all conspired to prevent us from giving him a verdict of honorable acquittal. But it was completely evident that not he, but the French priest and the Hamburgher Oppert were the persons most concerned.

I presume that no future steps will be taken. The evidence given is not sufficient to enable the consul general for Prussia to institute proceedings against the master and crew of the steamer. The French priest has wisely gone off from Shanghai. The Hamburgh consul has not sufficient judicial powers. So the persons who set on foot this disgraceful expedition will all go clear, and an offense which must be ranked in the opinions of the Chinese and of Coreans, who have, I believe, common ideas of the sacredness of burial places, one which might have resulted in severe loss of life, and which cannot but grievously interfere with efforts to open relations with Corea, will remain unredressed.

As I understand, under our law our people can be punished in the respective consular courts in China for setting on foot expeditions such as these. For their offenses, however grave, committed outside of China, even should they go from hence with full preparations, and return with their booty in their hands, they cannot be punished here.

If my opinion is wrong on this point I should be glad to have it corrected. If it is right, I respectfully submit that the premises require legislation.

It will be expensive to send such offenders to the United States for trial, and perhaps impossible to send witnesses. On the other hand, there seems no reason why jurisdiction should not be granted to the consular courts.

I have the honor to be your obedient servant,