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402.
is not Am. but an Eng." He added that foreign residents at Can
ton now referred to the U.S.S. "Constellation" as the "Consterna
tion." As for his own opinion of the matter, Heard stated: "I
doubt if there is any U.S. law authorizing ships of war to en
20
force Chinese laws.11
In reality, Kearny's seizure of the "Ariel" and his
notices to American merchants concerning the illegality of the
opium trade had no effect on American trade in the drug. The
merchants did not feel seriously threatened by his actions,
since he could not vigorously enforce his prohibitions because
of the limited size of his squadron. Moreover, the merchants were
correct that Kearny did not have the jurisdiction of any law rein
forcing his seizure. Most importantly, the Commodore's policy
was ineffective, because "the Opium trade is permitted by the
Chinese government." Paul Sieman Forbes wrote this statement in
his journal after he had received his commission as American
consul at Canton. He noted further that "what is the most pe
culiar about it iI.e. the opium trad_g/ is, that it is the Mandarin
boats which smuggle it, tho the very boats which are to prevent
' ,,21
l t • Forbes' comment characterized a situation parallel to
that of early 1839 when Lin Tse-hsu arrived at Canton with Imperial
orders to stop the opium trade. As long as local Chinese officials
condoned and even abetted the illegal trade, no Imperial prohibi
tions could be effectively enforced. By the early 1840's the
20
Letter, A. Heard to J.P. Sturgis, May 28, 1843, Heard
MSS. Letter, A. Heard to J.S. Amory, Jun. 18, 1843, Heard MSS.
21
Journal of P.S. Forbes, Nov. 11, 1843, Forbes MSS.