to interdict the shipment of coolies thence by vessels under their respective flags. He makes a further request that if Chinese subjects are taken to countries with which China has no treaty relations-as the French and English, under the convention of 1860, have the right of transport without limitation-that efficient protection will be extended to them by the power under whose flag they are shipped. How far this would be an effective safeguard, or whether any real protection by consular and diplomatic agents could be extended in the Spanish colonies, or in Peru and Chili, is very doubtful. But if France and England were willing to renounce the privilege secured to them by the convention, of transporting coolies to any countries with which China had not entered into treaty relations, it would, in that case, cease to be a right for any other power, and the Chinese government could have the option of protecting its subjects by appointing consular agents of their own at the ports of disembarcation. I assume that, by international usage, the reciprocal right of appointing consuls vests in China as a matter of course, and by virtue of the treaties already made. If this be correct, there is reason to believe that, at no distant period, the Chinese government might be induced to take into serious consideration the expediency of exercising this privilege. Having already a very large staff of foreigners attached to the customs, who speak and write Chinese, they have the means always at hand of appointing trustworthy consular agents, able alike to communicate with the Chinese emigrants and the authorities of the country where they might be located obviously an essential condition. This would in itself contribute a step of no small importance as tending to promote the rapid development of more cordial relations between China and the several treaty powers, to the manifest advantage of all. The Chinese government might thus gain interesting reports of foreign countries from their own accredited agents, and new sources of information. This first innovation would attract attention, and sooner or later would probably lead to another, in the appointment of dipolomatic agents to represent them in the western capitals. Were it not a question of humanity, therefore, appealing strongly to the sense of justice and the sympathies of every civilized power, the means here contemplated recommend themselves as initiating a policy full of promise for the future. Viewed in either light, I trust your lordship may concur with me as to the desirability of co-operation among the treaty powers, and put an end to a state of things, at all events, reflecting the gravest reproach on western nations, through whose agency it is alone established and perpetuated. In this hope I joined M. de Bellonet in signing the convention. I have, &c., Right Hon. the EARL OF CLARENDON, Foreign Office. R. ALCOCK. Mr. Williams to Mr. Seward. No. 28.] LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of the despatches Nos. 7 and 12 relating to the case of Burgevine; and to send you, in connection with Nos. 3 and 6 of mine last year, two additional documents closing the subject, viz: the report of the Chinese authorities respecting the disposal of his body (enclosure A,) dated 2d November, 1865, and (enclosure B) my letter to them of the 2d instant, giving your decision as to the disposal to be made of the criminal. These two papers should be prefixed to the long despatch in the form of a report to me from the consul general, dated February 2, 1866, which has been lately forwarded to you from Shanghai. I hesitated at first whether it was desirable to inform the Chinese of your decision, though they had particularly requested it; but after reading the note sent by Burgevine to the consul at Fuhchau, June 3, it seemed to be a good opportunity at the same time to protest against the cruelty exercised towards him and his fellow-prisoners by the provincial officers of Fuhkien. Whatever plans the officials at Peking may have had regarding his ultimate disposal, I do not think that this harsh treatment can be charged to them; their wish was to execute him themselves. But the central government is very weak in such cases, and a pragmatic governor or general easily sets aside their orders to carry out his own ends, and then reports whatever he sees fit. Though the Emperor may be sure that his proconsuls in the provinces will on the whole act loyally towards him, their semi-independence and wilfulness of restraint form one of the most unsatisfactory features of Chinese polity that foreign officials have to deal with peaceably. This case of Burgevine illustrates some of these points better than any remarks of mine; and a perusal of all the documents will enable you to judge whether he and his felllow-prisoners were drowned intentionally or accidentally, as well as we in China can do. The question has been much discussed among foreigners, though I suppose it can never be decided; and each one's opinion would be biased by his estimate of the people. I think that the boat was upset by the current; and that this unforeseen accident balked Governor Li at Nanking of his expected pleasure of getting his enemy into his power. The whole career of Ward and Burgevine in the service of this government was experimental and unsatisfactory, and shows that the position of our countrymen in it should be better defined. The Peking authorities see now how hazardous it was, and they can avoid future disagreements; but their position in 1860 was a desperate one, and they adopted a good plan, as it proved, by encouraging Ward to initiate the drilling their men in foreign arms and tactics. Now they are carrying out this plan widely and efficiently. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, S. WELLS WILLIAMS, Secretary of State, Washington, D. C. Chargé d'Affaires. P. S-April 9: a reply has unexpectedly just come from Prince Kung, (enclosure C) which, though vague in its terms, is, I am disposed to think, intended to assure me that in future all American citizens arrested in the country will be handed over to their consuls. The governor general at Canton last year delivered a man named Baffey to Mr. Perry; he had been aiding the rebels near Amoy, and took the first favorable opportunity to leave them, and throw himself upon the officials in the northeast of Canton province; they took him down to the city, and requested the consul to try him, but I have not heard the result. S. W. W. A. Prince Kung to Mr. Williams. [Translation.] Prince KUNG, chief secretary of state for foreign affairs, herewith makes a communication respecting the case of Burgevine, who was drowned in the district of Lanki, in Chehkiang, by the boat upsetting in which he was travelling. On the 1st of September I informed you that Burgevine had been drowned by the boat upsetting, and that his coffin was still at Lanki; and inquired whether his body should be buried in the same place where it was found, or whether you had any directions to give respecting its being brought away and buried elsewhere. You stated in reply that you were much obliged to the district magistrate of Lanki for recovering the body of Burgevine, and for his oversight in having it put into a coffin-acts which showed his kindness of heart-and wished to have the coffin taken to Ningpo and delivered to the United States consul who would bury it. Accordingly, directions were sent from the Foreign Office to the governor of Chehkiang to comply with your wishes. A despatch has now been received from Li, the superintendent of commerce at Shanghai, enclosing an extract from a report of the intendant of circuit at Shanghai, as follows: "On the 19th of September, Mr. Seward, the United States consul-general, sent his interpreter, Mr. Allen, to Ningpo, where he joined the vice-consul, Mr. Lewis, and they together went on to Lanki, meeting Siau Tsin, the officer deputed by the governor of Chehkiang at that place on the 28th, and all conferred with the river bailiff and other officials, and together went out of the north gate to a place where six coffins were stored. Among these was to be seen Burgevine's, varnished black and sprinkled with gold leaf. Mr. Lewis, having closely interrogated the bailiff, and learned that extra care had been observed in putting the body into the coffin, said it was needless to open it. The next day he went with the same official and others to the place where the boat was upset, and where Burgevine's body was dragged for and found, having every position carefully pointed out, and making a drawing of the localities. "On the 2d of October a public bier was prepared, and the river bailiff had Burgevine's coffin put on board a boat and sent, in charge of some of his men, to Ningpo, where it was received, and thence forwarded to Shanghai." From the above I learn, in brief, that the consul-general had sent Mr. Lewis, his viceconsul, to Lanki, to learn the particulars respecting the disposal of Burgevine's coffin and get it; and further, that the local authorities there had taken good care of it, and had sent men in company with it to Ningpo, where it was received and forwarded to Shanghai. This, therefore, ends this case, and I now inform you of these proceedings. November 2, 1865, (Tungchi 4th year, 9th moon, 10th day.) His Excellency S. WELLS WILLIAMS, United States Chargé d'Affaires. B. Mr. Williams to Prince Kung. LEGATION OF THE UNITED STATES, SIR Referring to the case of Burgevine, formerly a prisoner in the hands of the Chinese authorities, and to my despatch of June 21, 1865, in which I proposed to leave him in your custody until I could receive instructions from my government whether he might be surrendered to the Chinese, I have now the honor to inform your highness that I have been honored with instructions from the Secretary of State, as follows: "Although the offender, Burgevine, was in the employ of the imperial government, he is still an American citizen, and must accordingly be judged by the laws of his country; and if, on the trial, his guilt is proved by clear evidence, he may then be left in the custody of the Chinese. But this is to be understood to rest upon the voluntary consent on the part of the United States upon the grounds of national honor, and not from Chinese right under treaty stipulations." When In communicating this decision I beg to bring to your notice the conduct of the governor general at Fuhchau towards Burgevine. When he was in that city the American and British consuls received a note from him, complaining that he was treated with great cruelty and indignity, and had not sufficient clothing or food, and asking them to visit him. But the governor general refused them permission even to see him. Such conduct and treatment is a violation of the rights of humanity, and incenses every foreigner who hears of it. ever an American citizen shall be arrested by Chinese officers as a criminal they are bound to treat him kindly, and not subject him to insult or cruelty, but to deliver him over to the American consul at the nearest port. His crime will be carefully examined and equitably judged by the consul; but the government of the United States will not consent, in any case, to have such a prisoner secretly taken through the interior of the country to another part of it, violating both the spirit and letter of the treaty. I have, therefore, respectfully to request your highness to enjoin this point upon the high provincial authorities, as it is one of the highest importance. I have the honor to be, sir, your highness's obedient servant, His Imperial Highness PRINCE KUNG, &c., &c., &c. S. WELLS WILLIAMS. C. Prince Kung to Mr. Williams. Prince KUNG, chief secretary of state for foreign affairs, has the honor to acknowledge your excellency's communication of the 2d instant, the particular object of which was to make known to me the reply which you had received from the government of the United States respecting the disposal to be made of Burgevine. The circumstances which have attended this affair were all detailed last year in the various despatches which then passed between us; and further, Governor Li, the superintendent of commerce at Shanghai, has arranged other points with Mr. Seward, the United States consul, so that all things seem now to be settled in a manner that is acceptable to all. I may, however, express the desire that no such case will again arise, and that no Americans in China will join seditious natives in rebellion. The Chinese government will then have no occasion to restrain or imprison citizens of the United States. If such be the case none of these evils will spring up; and, as I confidently expect that it will be so, I send you this reply in order to express my gratification. April 9, 1866, (Tungchi, 5th year, 2d moon, 24th day) His Excellency S. WELLS WILLIAMS, United States Chargé d'Affaires. Mr. Seward to Mr. Williams. No. 31.] DEPARTMENT OF STATE, Washington, April 7, 1866. SIR: I have to acknowledge the receipt of your despatch No. 20, of the 6th of January last. It informs me that the foreign community at Shanghai are now engaged in revising the code of municipal regulations under which they have lived during the last ten years, and it further informs me of the opinions of Sir Rutherford Alcock in regard to the desirableness of adjusting them in a manner which may result in doing away with the semblance of territorial authority, now exercised by England, France, and the United States in Shanghai. In reply, I have to inform you that you have not under-estimated the importance of the subject. I will thank you to give me particular information in regard to the matter as the discussion proceeds at Shanghai, in order that this government may become thoroughly acquainted with the actual necessities and situation of the community alluded to." I am, sir, your obedient servant, S. WELLS WILLIAMS, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 161.] Mr. Seward to Mr. Burlingame. DEPARTMENT OF STATE, Washington, April 9, 1866. SIR: With reference to that part of your despatch of the 28th of February, No. 117, suggesting the expediency of increasing the United States naval force in Chinese waters, I have to state that the attention of the Secretary of the Navy having been invited to the subject, that officer, in a letter of the 4th instant, informed this department that, at present, there are in the waters of China the Hartford, Wachusett, and Wyoming, and the Shenandoah is on the way out, all of them good vessels with steam power. The sailing ship Relief is also on that station, and it is proposed to send one of the large steamers now in course of construction, so soon as she may be made ready. Mr. Welles states that the squadron in Chinese waters will then be about as large as can conveniently be assigned to that station, in view of the demands for vessels of war in other quarters. SIR Referring to your despatch of the 28th of February, No. 117, so far as it relates to the communication addressed by Mr. Dexter to Mr. Heard in answer to an inquiry made by the latter gentleman, whether contracts with coolies to labor for a term of years can be so made in China by an importer of them to the United States as to be of substantial assignable value on the arrival of the coolies here, the conclusion arrived at by Mr. Dexter that no contract can be made likely to be valuable to an importer of coolies is concurred in by this department. If, however, the reverse were true, it is not, at present, considered desirable to encourage the emigration of Chinese under the apprentice system, indicated in the letter of Mr. Dexter, though they will be at liberty to come voluntarily to the United States, subject to the restrictions contained in the act of Congress of the 19th of February, 1862, relative to coolie immigration, and to the acts therein referred to. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 30.] Mr. Williams to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to send you some particulars relating to the desecration of the American cemetery at Tangchau, which is interesting chiefly as showing one of the modes in which the natives of China vent their ill-will upon their enemies, and have done so in this instance against missionaries. Out of many depositions and official papers, which it is not necessary to send you in extenso, I have learned that when the missionaries first went to Tangchau they found it difficult to purchase land for a burial ground from the people. They therefore applied to the district magistrate of Punglai, who rules over a portion of Tangchau prefecture, and he kindly set apart a plot of ground that belonged to government, which he told them he could not sell, but would grant, in perpetuity, for this purpose, and file the record in his archives. He also was at the expense of setting up the boundary stones and a marble slab, on which was engraved the grant to the missionaries. This act of consideration and courtesy deserves notice, for I am not aware of another instance like it in China. This was in the autumn of 1861, and during the next eighteen months several headstones were erected, some trees planted, and the plot partly turfed. No injury appears to have been done for two years, but in the spring of 1864 it was noticed that some of the trees had been removed, three headstones thrown down, others chipped, and the official inscription mutilated. These acts were reported to the magistrate, who readily promised the missionaries to investigate the affair and deal with the offenders. "A few days after our visit," says one of them, "an old man with a chain around his neck was led to my house by the mandarin's runners, who presented his card with a verbal message to me, stating that this was the constable, whom we might punish as we saw fit. I sent the man back with a written reply, expressing our surprise and dissatisfaction at this mode of procedure. On receiving it the magistrate expressed great surprise that the man had thus been sent to me; that it was the unauthorized doings of his underlings. It seems, however, that he sent his policemen into some of the neighboring villages to make inquiry on the matter; he also issued a proclamation warning the people not to interfere with the graves; but nothing more was done. The broken stones were replaced by us." During the next year, (1865,) further damages were occasionally perpetrated, until, by the end of it, all the trees had been ruined, and hardly a whole stone remained in the lot, the fragments lying scattered about. Particular pains had |