Mr. Blaine to Mr. Thomas.
Washington, May 15, 1890.
Sir: Senate miscellaneous document No. 81, Fifty-first Congress, first session, contains a copy of the general act or conventional agreement signed at Berlin, June 14, 1889, by the plenipotentiaries of the United States, Germany, and Great Britain, in regard to the neutrality and autonomous government of the Samoan Islands. Article iii of that convention provides, as will be perceived, for the establishment of a supreme court for those islands and the appointment of a chief justice of Samoa. Section 2 of article iii states that “he shall be named by the three signatory powers in common accord; or, failing their agreement, he may be named by the King of Sweden and Norway.”
Since there appears to be no possibility of accord in the selection of the chief justice by the three governments concerned, they have decided to avail themselves of the alternative under the provision of the section cited.
You will accordingly apprise the Government of the King of Sweden and Norway of this action and request His Majesty’s acceptance of the choice made by the three signatory powers. You may, at the same time, express their entire confidence that his selection will be cheerfully acquiesced in and merit their high appreciation for the courtesy thus extended.
You may intimate to the minister of foreign affairs that hitherto in every case where a similar favor has been asked of a sovereign by virtue of a treaty to which the United States was a party the sovereign has deemed it his duty to select one of his own subjects for the place to be filled. The President regards that result as the one in harmony with the reference.
I am, etc.,