of a totally different class, and the amount of punishment to be inflicted, differs in principle as well as in degree from any cases where the offender is really a wrong doer. Where confiscation can fairly and properly be insisted on, the Treaty expressly provides that no higher pecuniary penalty than $500 can be inflicted for any offence against, or breach of Treaty Regulations where the Treaty itself does not expressly specify the penalty. If therefore it is not just that the "Prince Albert" should be confiscated for her inadvertent breach of the letter of the Treaty, no tribunal can impose a fine or punishment more than $500, and, though not admitting the power of Mr. Wade to create a tribunal, even if the tribunal adjudicates in this matter, it can only do so on the basis provided by the Treaty, viz:- Confiscation, if just, or, if the case does not merit confiscation, a fine not exceeding $500. It cannot be meant that the confiscation is really upheld and that the Chinese government is willing to sell me back the steamer, because in that case, why should they take less than her value? I am entitled to consideration at all, it ought only to be, "have I deserved the confiscation of my property?", as if so, I cannot be entitled to get the vessel back except after appraisal.
I would strenuously argue that this is neither fair nor just. If I am really guilty within the spirit of the Treaty provision, my steamer ought to be confiscated, while if I am not so guilty, then I ought not to be fined to the extent of $4,000. I enclose a memorandum of actual expenditure consequential on the seizure of the steamer and the steps I have taken to get redress, but am unable to furnish any estimate of the deteriorated state of the steamer because the Canton Custom House Authorities distinctly refuse to allow Captain Godsil, the late master, or anyone else, or any person to inspect or even to go on board the vessel. I am led to believe that this refusal must be caused by a consciousness that the steamer has not only deteriorated in value but has been plundered by the Customs employees. My reason for so believing is that the steam whistle of my steamer has been removed from the Engine.
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