[Enclosure L.] Mr. Burlingame to Mr. McCartee. LEGATION OF THE UNITED STATES, SIR: Your despatch of December 31, 1864, has been received. It informs me of the successful settlement of one of the most difficult cases ever presented for diplomatic action. Your conduct throughout the negotiations is deserving of special commendation. The department will learn, as I do, of your resignation with regret, and will appreciate your patriotic efforts in the past, as well as your proffer of similar services in the future. I shall have the honor to suggest your name to the government in connexion with a place better suited than the one which you have had for the exercise of your rare qualities as a Christian, patriot, and scholar. I have the honor to be, sir, your obedient servant, D. B. MCCARTEE, Esq., Chifu. ANSON BURLINGAME. No. 102.] Mr. Burlingame to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to send herewith correspondence in relation to the prohibitions that exist in China against entering forbidden places. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington. [Enclosure.] ANSON BURLINGAME. PRINCE KUNG, chief secretary of state for foreign affairs, herewith makes a communication: Some time ago, owing to the non-acquaintance with our regulations respecting going into the gate of the forbidden city, or the enclosure of the Yuen-ming gardens, or the imperial mausolea at Tsun-hwa, and at Mukten in Manchuria, which foreigners exhibited, inasmuch as they had heedlessly broken the rules and intruded into these important places, notifications were made [to the foreign ministers] in order that they might enjoin the same on whomsoever it concerned. A minute has recently been received from the sacrificial board upon this subject, as follows: "The imperial statutes respecting entrance into altars, temples, and other forbidden places, should be most carefully observed, and it is for their protection that officers and soldiers are distributed at them to guard against intrusion. Except the policemen and official employés who are detailed for this duty, all idlers and persons having no duties there are not allowed to go in and out. If the present condition of things is allowed to remain longer it is really to be feared that by and by some untoward event may happen from foreigners, ignorant of these prohibitions, trying to go into these enclosures and buildings against the wishes of the police guarding them, and the best way, therefore, will be to inform the foreign ministers beforehand, in order that they may strictly require their countrymen not to intrude into these forbidden places. Such a course will tend to show the importance of the statutes and our usages, as well as manifest the dignity of the nation." I have, therefore, the duty to inform your excellency of these things, in the expectation that you will enjoin upon those persons under your direction that hereafter they are not to go into the precincts of the imperial tombs, or into palaces and other forbidden places where guards are stationed to prevent intruders, in order to ramble about and see them. This intimation is given in the spirit of the well-known maxim, "When you enter a kingdom learn its regulations," and I shall await a ready reply to it so that I can inform the officers of the sacrificial board of the same. January 18, 1865, (Tunchi, 3d year, 12th moon, 21st day.) His Excellency ANSON BURLINGAME, United States Minister. [Enclosure.] Mr. Burlingame to Prince Kung. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of a despatch from your Imperial Highness of the 17th ultimo, in which you have quoted from a document which had been received from the sacrificial board respecting the prohibitions that exist against foreigners entering forbidden places, and asking that they may be warned not to forcibly intrude into them. I have carefully read this despatch, and need only remark in relation the subject, that as the path of propriety is plain, every man of judgment will see what the circumstances at any time require, and if any person under my control is at all guilty of making disturbance he will be dealt with according to the provisions of the treaty, and in the spirit of friendship which exists between our respective countries. It is, however, proper that the officers of the sacrificial board designate the time and place where an offence has been committed before I can act in this matter. I beg here to refer your Imperial Highness to the third volume of Wheaton's International Law, chap. 1, (in the Chinese version, )for some details upon the usages of western nations in their intercourse with the representatives of friendly powers who reside at their courts, as they are there clearly described. I have the honor to be, sir, your Highness's obedient servant, His Imperial Highness PRINCE KUNG, &c., &c., &c. No. 103.] ANSON BURLINGAME. Mr. Burlingame to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to send herewith an imperial decree made in response to complaints by the British representative, Mr. Wade, for the English and Prussians, on account of the death of one Englishman and three Prussians caused by the failure of the Chinese local officials to fulfil their treaty obligations. The decree marks a step in advance, and is proof that the Chinese do not intend "to regard" the treaties "with indifference, as if they were but matters of form." I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, ANSON BURLINGAME. Secretary of State. [Enclosure.-Translation.] The office charged with the general administration of foreign affairs has presented a memorial requesting that the local authorities under the different provincial governments be instructed in all cases in which Chinese and foreigners may be parties to follow the course prescribed by treaty. The office represents that one Englishman and three Prussians, who had been committing a robbery in the village of Ma-chwang, in the province of Kiangsu, having got into collision with inhabitants, three of whom they mortally wounded, were seized and bound by the villagers and carried to the local authorities; and that the local authorities, each in turn endeavoring to transfer his responsibllity to some one else, would have nothing whatever to say to the charge of them; that the foreigners were accordingly left three days in their hands, and that two of them died of their sufferings. The office has written to the provincial government concerned to inquire into this matter and take the necessary steps. In any province into which a foreigner may have taken on himself to penetrate unprovided with a passport, or in which he may have got into collision with the inhabitants or committed any unlawful act, it becomes the duty of the authorities under treaty to forward that foreigner to his consul to be punished. In the case of this affray at Ma-chwang, the conduct of the authorities, if, as the memorial represents, instead of proceeding with the expedition enjoined by treaty, they let the foreigners remain bound so many days that their confinement proved fatal to life, was undoubtedly bad; but would it not be even a worse matter if under the provisional governments generally there were the same evasion of responsibility, the same unwillingness to act for fear of consequences? We command, then, the governor generals and governors to give strict orders to the local authorities in their jurisdictions to observe for the future that any foreigner who may take on himself to go into the interior unprovided with a passport, or who though carrying a passport may be guilty of any unlawful act, or whose passport may not be in order, is to be seized and forwarded to his consul for punishment; that any foreigner seized by people who may have suffered at his hands and carried to the local authorities before the latter can have cognizance of his act, is, as soon as he is brought up to them by his captors, to be forwarded in accordance with treaty to the nearest consul for punishment; and that, whether seized and forwarded by the authorities or by the people, though kept in such restraint as will prevent his escape, he is not to be maltreated by the way. And whereas cases in which Chinese and foreigners are parties are of very frequent occurrence, we further command the local authorities to study constantly and make themselves thoroughly conversant with the foreign treaties. They are not to regard them with indifference, as if they were but documents of form, lest so doing when the occasion for their application of the treaties presents itself, they commit errors in more ways than one. Respect this! January 14, 1865, (Tunchi, 3d year, 12th moon, 17th day.) No. 121.] Mr. Seward to Mr. Burlingame. DEPARTMENT OF STATE, Washington, March 27, 1865. SIR: Your despatch of the 10th of November, 1864, and its accompaniments, relative to the regulations by which you propose to conduct the proceedings in the consular courts of China, has been received. The subject will be submitted to Congress at its next session for consideration. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 125.] Mr. Seward to Mr. Burlingame. DEPARTMENT OF STATE, Washington, March 27, 1855. SIR: Your despatch of the 10th of November last, No. 95, accompanied by a copy of a letter addressed to you by Thomas Walsh, esq., containing valuable and interesting information concerning trade between California and China, and estimates of the amount of aid which would probably be required by mail steamships between the two countries, has been received. It did not arrive, however, until the 10th instant, when Congress had adjourned. I enclose a copy of the act "to authorize the establishment of ocean mail steamship service between the United States and China," approved on the 17th ultimo, which it is hoped will tend to develop trade and intercourse between the two countries. I am, sir, your obedient servant, ANSON BURLINGAME, Esq., &c., &c., &c. No. 105.] WILLIAM H. SEWARD. Mr. Burlingame to Mr. Seward. SHANGHAI, April 22, 1865. SIR: I send you an imperial edict, marked A, according to which Prince Kung was to "be no longer employed in the general council to administer the government," and was "removed from all his functions, and no longer permitted to have a voice in public matters." I learn from my colleagues, and from Dr. Williams, that from the explanation of the members of the foreign office, and the attitude of the people, no apprehensions were entertained on account of the fall of Prince Kung. The edict itself was accepted as furnishing all the reasons for the step taken. That portion of it relating to Wansiang tended rather to strengthen than to weaken our relations with the Chinese government, as he has been long known to us as an enlightened friend. Since the publication of the edict I learn, unofficially, that Prince Kung has been restored to his former position. This proves either that the edict was a clever arrangement on the part of his friends to meet the charges which have been made against him, or, as is most likely, that it was the result of a palace feud easily accommodated. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, ANSON BURLINGAME. Secretary of State. [Translated from the Peking Gazette of April 3, 1865.] We command the following to be made known to all the princes and officers of our court for their information: We have been honored by the gracious commands of their Majesties, the two empress dowagers, informing us that on the 31st ultimo Tsai Shan-ki (a Hanlin graduate) had sent up a memorial stating that "in the administration of affairs Prince Kung exhibits such favoritism and greediness for presents, such arrogance and grasping after power, that people are everywhere discussing his conduct, and asking, if he manifests such objectionable traits, how can he be trusted to carry on the government?" Now, although it may be difficult to substantiate particular charges, sufficient evidence still exists of the general truth of these allegations; yet, in examining what is so underhand and obscure, it is not easy summarily to ascertain the facts. When Prince Kung first undertook the administration of government he was generally diligent and circumspect; but he gradually has become overbearing, and puts himself forward as sole director in a defiant way, relying on his high rank and power; he has even forgotten his duty to his sovereign, and has gone so far as to disdainfully ignore us because of our youth, and often presumptuously restrained our acts. He has tried to produce dissension in our family in more ways than need here be specially mentioned. At the daily audiences his manner has been excessively overbearing, and his language to us has been often offensively boastful and wildly extravagant. If we do not speedily make these things known, how can we, when the day comes for us to assume the government, employ the right men in its offices, and carry it on properly? It is an instance of our great leniency that we now pass over this flagrant conduct so mildly without thorough examination. Let Prince Kung, therefore, be no longer employed in the general council to administer the government, but be removed from all his functions, and no longer permitted to have a voice in public matters. This [sentence] also exhibits our earnest desire to protect him, as far as possible, [from the just deserts of his conduct.] We earnestly enjoin on the members of the general council, who have the care of many weighty and perplexing matters devolving on them, to be united in their labors, and prove their diligence and loyalty in furthering the public welfare. Let Wansiang and his colleagues in the office which has the oversight of commercial affairs diligently attend to all their duties, and harmoniously carry on their proceedings. For the future the duties connected with the audiences and presentations will devolve in rotation on Prince Tun, Prince Shun, Prince Chung, and Prince Fan, who will have charge of these functions. A special command. No. 107.] Mr. Burlingame to Mr. Seward. SHANGHAI, April 25, 1865. SIR: I have the honor to forward to you by the last mail a copy of a translation yb Dr. Martin of Wheaton's International Laws. I did not in my despatch (105) give any history of its publication. I now do so in a few words. In the month of September last I was informed by a note from the officials in the foreign office that Dr. Martin, aided by Chinese scholars designated by Prince Kung, had completed the translation and that the money had been appropriated for its publication. I was informed also that they would, when the work should be printed, again address me. I responded, thanking them for what they had done, commending the book as the repository of the rules which govern nations in their intercourse with each other, and stated that although its prescripts had not the force of statute law, or the obligation of treaties, still a thorough examination of the book could not fail to be of vital importance to them. The work was printed according to promise, and published by being sent in large numbers to their officials on the coast and in the interior of the empire. The Chinese did not address me in writing, but called in person to mark their sense of the importance of the completion of the work, and when the Prince and suite kindly sat for their photographs, Tung Sun, who had superintended the translation, desired to be taken with a copy of Wheaton in bis hand. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, ANSON BURLINGAME. Secretary of State. No. 109.] Mr. Burlingame to Mr. Seward. SHANGHAI, May 4, 1865. SIR: I have the honor to send you a despatch of Dr. Williams marked A, with enclosures marked B and C, prepared to send through Russia, but which was finally transmitted to me. This gives so clear a history of the difficulty at Peking, that it is not necessary for me to do more than to commend it to your careful perusal. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, ANSON BURLINGAME. Secretary of State, Washington, D. C. A. Mr. Williams to Mr. Seward. PEKING, April 13, 1865. SIR: It is now four weeks since Mr. Burlingame left here on his return, and somewhat uncertain whether a letter would reach him in the south of China, so that through himself you could without delay learn the unexpected change that has just occurred in this government. I have informed him of the first act in the drama, but, as the whole affair seems now to be concluded, and there is no opportunity to send by way of Tien-tsin, I send a short account of what has taken place directly to you by way of Russia, so that you may have the story as soon as possible. It may be observed that after the retirement of the English and French forces in 1860, the late emperor deferred his return to the capital, either on account of sickness or fear, and remained at Jeho, in the northeast of this province, until his death in August, 1861, leaving the administration to his brothers. After the rightful succession had been secured to his son by the coup-d'état, Prince Kung accompanied him and the two regent empresses back to Peking, and was acknowledged as the active head of the government. These two ladies, one of whom is the late emperor's dowager, and the other the present emperor's mother, appear to possess much personal decision of character and take an active share of public affairs. Still the prince's position as I-ching Wang, or prince administrator of government, has gradually drawn towards himself most of the influence which the Chinese regard as specially appertaining to the throne, and rumor alleges that this power has been often misused. The citizens of Peking have given him a bad name for two years past, but his sudden and high elevation may have attracted to him much of the obloquy they usually bestow on their rulers. Foreigners are too little acquainted with the personal character of the men who manage this government, to be able to judge intelligently respecting many of the changes and plans of their policy; and very often many things are not known until they are adduced as the sufficient reasons for what has already taken place, but which could not safely be mentioned before. On the 29th and 30th ultimo a grand review was held, at which the emperor (now ten years old) and empresses, attended by a large cortege, were present. It is reported that on this occasion the bearing of the prince toward them was so offensive that they determined to |