Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III

Mr. Burlingame to Mr. Seward

No. 74.]

Legation of the United States, Peking, May 26, 1864.

Sir: I have the honor to transmit herewith the closing correspondence (marked A and B) in relation to the steamer Scotland.

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

ANSON BURLINGAME.

Hon. William H. Seward, Secretary of State.

A.

Note to His Excellency A. Burlingame

April 12, 1864

Last December we were honored by a note from your excellency respecting the steamer belonging to Mr. Walsh, which had been seized by the customs authorities at Canton, and delivered to the magistrates for confiscation. We accordingly ordered the governor general at Canton to inquire into the case and settle it.

We have now received his report, in which he says: “The steamer Scotland was taking in contraband goods, as guns, powder, &c., while at anchor in Cum-Sing-Moon, and the collector sent down his revenue steamer Cumfa and seized her. By law and treaty she and all her cargo ought to be confiscated; but as the orders from the Foreign Office direct me to deal liberally in the matter, I have discharged her. It is very desirable, however, that this case should not be made a precedent.”

As your note stated, so we now learn from this, that the steamer Scotland was taking in guns and ammunition, but they were from the United States, and were to be shipped to Japan, and not to be smuggled into China. We relied on your representation, and having detailed the circumstances to the local authorities at Canton, we directed them to liberate her.

Whenever cases arise between our countries, we trust that your excellency will repose the same confidence in what we say, for thus public business can be easily arranged and satisfactorily settled to the constant increase and permanence of the amicable relations between China and the United States. We therefore send this note for your information, and avail ourselves of the opportunity to wish you every happiness.

Cards of—

PAN-YUN,

WAN-SIANG,

TSUNG-LUN,

TUNG-SIUN,

HANG-KI, and

SIEH-HWAN.

B.

[Untitled]

Legation of the United States, Peking, April 14, 1864.

Gentlemen: I beg to acknowledge your note of the 12th, respecting the seizure of Mr. Walsh’s steamer, and that you directed her to be liberated on my representation of the facts of the case, and to tender you my sincere thanks for the same.

In regard to this affair of the Scotland, having gone into Cum-Sing-Moon anchorage to escape the storm, there to take in her freight, I may observe that, as all the circumstances connected with this infringement of the regulations, and the action of the Chinese government in the premises, have been understood, the foreign community in China has highly approved of its proceedings in thus discriminating between an unintentional violation of law like this and a deliberate purpose to break it. The case of the Scotland is therefore not likely to be quoted as a precedent.

If all cases arising between our respective countries are conducted with the same desire to do justly, their friendly relations will be more and more strengthened.

I avail myself of this opportunity to assure you, gentlemen, of the high consideration with which I am your obedient servant,

ANSON BURLINGAME.

Pan-yun, Wan-siang, and others, Members of the Foreign Office, Peking.