No. 1.] Mr. Williams to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to inform you that I have this day received a notice from Mr. Burlingame, dated May 6, stating that he placed me "in charge of the legation of the United States in China, and authorized you [me] to conduct the same during my [his] absence, or until the wishes of the government may be further known." I have accordingly notified the Chinese authorities that I have taken charge of the legation. It is the fourth time I have held the position since my appoint ment in 1855. The only topic of interest since Mr. Burlingame's despatches Nos. 107 and 109, to which I beg to refer in this connexion, is the restoration of Prince Kung to a seat in the general council, (enclosure A,) by an imperial edict, which, like the previous ones, is illustrative of Chinese character and politics, and will, no doubt, interest you. Previous to it, three papers connected with the affair appeared in the Gazette, consisting of the reports of high officers designated to examine those who were implicated by the original accusation. All were exonerated from blame for lack of proof, especially Sieh Hwan and Lin Yung, who retain their posts, while the original memorialist, Tsai Shaw-ki, has suffered degradation and obloquy. It may be well to explain that the general council, to which Prince Kung has been restored, is the chief executive body in the empire, and consists of such officers only as are designated by his Majesty from various departments to attend to it, who, ex officio, are entitled to see him. The number of members is irregular, seldom exceeding eight, and of course during the present minority its chairman, as Prince Kung might have been called, becomes the leading man in the country; One of the Chinese generals, Sankolin-sin, who was in command at Taku in May, 1859, and also opposed the march of the allies to Peking in 1860, was killed by the insurgents in the south of this province a week ago. He was a Mongolian prince of distinction, and one of the best soldiers the Chinese had. Although Nanking has been recaptured, the insurrection has not been yet suppressed; large bodies of insurgents still defy the government. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, S. WELLS WILLIAMS. Secretary of State. A. [Translation.] An imperial edict, published May 9, 1865. We have been honored by the maternal and gracious commands of their Majesties the Empress Regents Ngan and Hi, as follows: At the audience held this day Prince Kung, having been allowed to appear to return thanks for favors granted him prostrated himself to the ground, weeping bitterly, as if he had no way to conceal his mortification. We then personally admonished and warned him, and the prince expressed himself to be deeply sensible of the grievous faults into which he had been led, and sincerely repentant and ashamed of his past conduct. It excited the utmost commiseration in our hearts. "We recalled to mind that since we had assumed direction of the government, Prince Kung had been specially selected as the chief adviser of the throne in the general council of state; he has been for many years the recipient of unnumbered favors, and to him alone was confided a trust that, as it were, identified him in our weal and woe in all that pertained to state affairs, giving him a status which no other officer in the realm could approach. It was owing to this high position that he became the object of misrepresentation, and consequently he himself occasionally failed in restraining himself, but walked in the paths of error and wrong-doing. . Since, therefore, our hopes of the prince were of the very highest degree, we could do no otherwise when he acted wrong than reprimand and punish him severely. He has now himself come to a sense of this conduct towards him, and has resolved to amend his errors and reform. Seeing, therefore, that in the appointment and dismissal of officers, their promotion and degradation, at court and in the provinces, everything is done openly and fairly without favoritism or dislike, can it be supposed that one who has been so near to us and so trusted as Prince Kung, who has held such weighty responsibilities, and whose talents are so well fitted for assisting in the administration, should be treated in any other than according to these unwavering principles, and be compelled to pass his days in ignoble retirement and sloth? "Let Prince Kung, therefore, again take his place in the general council to assist in its proceedings, though, in some measure to mark our sense of his demerit, it is inexpedient to give him the title of I-ching, (adviser of the government.) Oh, prince! forget not the sorrow and mortification which you have this day suffered. Let your entire efforts be exerted still more than ever to manifest your devotion to the public welfare, that thereby you may requite the confidence now reposed in you, as has been your wont. Do not hesitate to speak openly and fearlessly, but be specially careful not to evade the duties belonging to you nor collude with others. In this way alone can you fully satisfy our high expectations." This from the Emperor. No. 138.] Mr. Hunter to Mr. Burlingame. DEPARTMENT OF STATE, Washington, June 5, 1865. SIR: I have received your despatch of the 4th of March, No. 99, containing a statement of your proceedings with regard to Señor Sinibaldo de Mas, the Spanish minister, who visited China during the past year for the purpose of concluding a treaty with that government. Your action in the premises is fully approved. SIR: I have to acknowledge the receipt of your despatch of the 11th of March, No. 103, together with a copy of an imperial decree made in response to complaints by the British representative, Mr. Wade, in consequence of the failure of the Chinese local authorities to fulfil their treaty obligations, which resulted in the death of one British and three Prussian subjects. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., &c., &c., &c. No. 141.] W. HUNTER, Acting Secretary. Mr. Hunter to Mr. Burlingame. DEPARTMENT OF STATE, Washington, June 6, 1865. SIR: Your despatch No. 102, of the 11th of March last, and its accompaniments, relative to the prohibitions that exist in China against entering forbidden places, have been received and are approved. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., &c., &c., &c. W. HUNTER, Acting Secretary. No. 143.] Mr. Hunter to Mr. Burlingame. DEPARTMENT OF STATE, SIR: Your despatch of the 7th of March last, No. 100, with its accompanying copies of a correspondence in the case of Mr. Mills, who appears to have rented a house in Tangchau, thereby exceeding the privileges accorded to foreigners by the treaty, has been received, and your proceedings in the matter are approved. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., Sr., sc., sx. W. HUNTER, Acting Secretary. Mr. Williams to Mr. Seward. No. 3.] LEGATION OF THE UNITED STATES, SIR: A case has just been brought before this legation by the Chinese government, which involves so many questions of international obligation that I have deemed it to be due alike to our own position as a nation and to the safety of this people, and to satisfy its officers that we are desirous to protect and aid them as far as possible against our own evil-minded citizens, to refer its decision to the department. Referring you to Mr. Burlingame's despatches, No. 44, of June 23, 1863, and No. 81, of June 4, 1864, and their enclosures, which should be read in this connexion to obtain the previous history of Burgevine, I now add such particulars as I can learn of his proceedings up to the time of his arrest. A few days after the despatch No. 81 had been sent away last year, it was reported that Burgevine had stolen back into the country at Ningpo; but the correspondence which took place thereupon (enclosures A and B) gives no idea of the alarm which filled the minds of the high officers here at this news, for they were convinced that no sense of obligation or honor had power any longer to restrain him. So completely did he elude detection, however, that it was concluded that he had died or met a violent end. But last month he reappeared off Formosa, where he had gone from the main land. I insert an extract from a despatch of R. Swinhoe, her Britannic Majesty's consul at Formosa, dated May 15, kindly furnished me by T. F. Wade, C. B., the chargé d'affaires of her Majesty in Peking, stating the following particulars : Troubles still continue in Chang-hwa, and rumors of mandarin slaughter frequently reach us. * * * * * Another cause of alarm has lately much troubled the authorities. An American schooner, the General Sherman, arrived at Ta-kow, in Taiwan-fu, with Burgevine and some others on board. They had been trying to get to the Changchau rebels via Ting San, at which port the vessel was seized by the customs schooner Vindex and taken to Amoy. She had no contraband of war on board, and was released. But Burgevine was on board, and no one recognized him. After dodging about the channel for some twenty days she put across here, and finally entered Takow, inquiring for a cargo. The mandarins were informed of the dangerous arrival by Mr. Commissioner Maxwell, and ever since communications have been pouring in asking for my assistance. I was at Tai-wan-fu when this vessel arrived, and she had departed before I got back. I am told that the magistrate of Fungshau made his appearance here with two hundred braves, and was for going on board to seize; but this, of course, Mr. Maxwell prevented, the only precaution being taken that none of the suspicious characters were allowed to land. The schooner was refused a cargo, and she returned to Amoy. The despatch of Prince Kung (enclosure Č) gave me the first authentic information of Burgevine's arrest. I have not received Mr. Irwin's report, and I learned the same day that the British legation had received full particulars of the arrest of Culling, an Englishman, taken at the same time, and soon after given up to the British consul for trial. It is apparent, from this despatch, that the imperial government is determined to do whatever it can to stop this man's further schemes to injure it, and it must be granted that the provocation has been very great. Before answering the communication I deemed it best to confer with the members of the Foreign Office, to learn their views, and found that they regarded Burgevine as entirely their prisoner, alleging that Mr. Burlingame had yielded all claim over him if he should again be taken in the Emperor's dominions. They were inclined to show him the less mercy because he had confessed to the commander-in-chief, when brought before him, that he intended to enter that city, if possible, to help the insurgents. I replied that none of Mr. Burlingame's despatches at all supported their inference that he had yielded his authority in this case, though the expression "severely dealt with" might involve the extreme penalty of the law to be inflicted, but not by the Chinese authorities. The case presented peculiar difficulties. On the one hand, while section fifteen of the act of Congress of June 22, 1860, makes rebellion against the Chinese government, with intent to subvert the same, a capital offence, it would be almost impossible to convict this man. If he was tried for his previous acts in joining the rebels at Suchau, and his subsequent connexion with them near Shanghai, the absence or death of important witnesses would render conviction, according to our laws, very difficult. On the present occasion he was taken when in company with a British subject, before they had actually joined the rebels, though I suppose there is no doubt that such was their intention. On the other hand, it is very desirable to give every assurance to this gov ernment that no effort shall be spared on our part to aid it in preventing our citizens joining the rebels, or furnishing them with arms or ammunition; and also no trifling with justice, in punishing those who have given them aid and comfort. It justly demands it; and while we promise to do what is right, we often find our actual means inadequate to carry our purpose into effect along such an extended coast as this. Burgevine had shown a settled determination to do the Chinese authorities all the harm he can, and they have now stopped his career, as he was on the point of accomplishing his purpose. They expressed themselves willing to surrender him to the consul for trial, if I would assure them beforehand that he should be executed for the crime of rebellion; but as I could not do this, I endeavored to explain to them some of our modes of procedure on trials, in order to show that it was not from a desire to let him escape. In order to show that I wished to do what would secure the ends of justice, I then proposed to the officials to leave Burgevine in their hands as a prisoner, on the ground that he had formerly held office under them, while I referred the case to Washington. They consented, after some discussion, and I accordingly replied the next day to the Prince's despatch, (enclosure D,) recapitulating some of the leading points of the discussion, and maintaining that rights guaranteed by the treaty were not yielded. I have not yet received a reply to this communication, nor have I any authentic information regarding the disposal of their prisoner by the provincial authorities after they had taken him to Fuhchan. I beg most respectfully to lay this appeal before you for advice or decision, and I think you will not deem it strange that cases may arise, under the régime of ex-territoriality, presenting peculiar features to be considered and decided by the highest authority. In the opinion of the Chinese, Burgevine's criminality is aggravated by his having voluntarily offered to drill their troops under General Ward, and received honor and commendation for his bravery and skill on many occasions. They entered into no stipulations with the United States authorities respecting his rights or position; and while they conveniently suppress all reference to the provocation he received, they see in it no justification for his turning traitor to the flag he served under, and joining their rebellious subjects. This offence was twice passed by, and he gave the consul general a solemn assurance that he would finally leave the country; otherwise he would have been tried for his life. It appears to me that this fact of receiving official trusts and rewards from the Emperor does aggravate the offences of him who, to gratify a private pique, collects a band of foreigners and leads them off to fight his former masters. The report that the rebels at Suchau in 1864 suspected his fidelity to them is not improbable; but he seems to have thought it indifferent which side he took. By leaving him in the hands of the Chinese his detention devolves on them until your reply is received, whether or not he has forfeited his claim for protection. I do not apprehend that he will be injured while in their hands, and when I proposed to pay the expenses of his imprisonment they declined to dis cuss the point. I insisted at first that the United States consul should see after his condition, but as they wished to remove him from the sea-coast, and had fears that such communications might afford an opportunity for escape or collusion, I agreed to their assurance of his safe-keeping. I am under the strong impression that this man's conduct has been a reproach to the fair name of all western nations; for all other foreigners, so far as I know, who commanded the imperialists, have acted honorably in this particular, leaving the service if they were dissatisfied, and not turning against it. I am mortified that an American should have held this bad position; and Burgevine thought that his own country would protect him, perhaps, and that his life was safe from judicial condemnation. If I am rightly informed, he once aided Walker in Central America, and was included in the sentence of outlawry. I do not think that the Chinese government will quote this case as a precedent to refuse the surrender of other prisoners who may be captured when aiding the rebels; for you will see from enclosures E, F and G, that three or four other Americans taken about the same time near Amoy have been given up to the consul, and the officials here have expressed themselves satisfied with deportation. But how can we secure that these men will not return to try again to join the rebels? The Chinese usually destroy their own subjects taken in arms, whose rebellion is often prolonged and energized by the aid and skill of foreigners. By yielding this prisoner to them, the example will deter others from trespassing so far on the rights of Americans as to stir up sedition, trusting to the want of witnesses and other legal proof to escape condemnation. Cases have already occurred in China of aggravated manslaughter, and even of deliberate killing of the natives by foreigners, whose crimes have been punished by simple fines or mere deportation or short imprisonment; while foreigners strenuously insist on full justice when life is taken by the natives, or maiming with intent to kill. Such deeds are happily diminishing, as foreigners are learning that they cannot so easily escape justice, and the native officials are becoming more willing to co-operate in maintaining peace. The difficulties of independent nationalities exercising collateral jurisdiction in the same region are likely to increase almost to a state of hostility, if the original native power feels that its rights and safety are continually jeopardized by the insufficient restraint of the foreign powers over their own subjects, who constantly plead their own laws and escape the consequences that overtake the natives for the same offence. As this case involved some questions of general interest, I early consulted with Mr. Wade upon the propriety of this disposal of Burgevine, and found that his views coincided with my own as to the importance of assuring this government that in some way it should be secured against his further machinations, |