Inclosed is a copy of a dispatch addressed by Lord Granville in October last
to the President of Liberia, which conveys proposals for the mode of
settlement of the above questions. You will perceive that in the event of
any differences arising between the commissioners for settling the boundary
question, it is proposed to submit the disputed points to the arbitration of
a commissioner appointed by the Government of the United States. The
Liberian government has since signified to Her Majesty’s government its
acceptance of the proposals made by the latter, and I am consequently
instructed to ask the Government of the United States if it will be good
enough to depute an officer to attend the commissioners appointed by both
parties to meet at Monrovia, and to act as arbitrator in case of any
disagreement between them.
It will give Her Majesty’s government much pleasure if the Government of the
United States will consent to accept the task of arbitrator in this question
through one of its officers on whose impartial judgment it can rely, and
whose expenses will, of course, be defrayed jointly by the British and
Liberian governments. Copies of the necessary papers and maps will be
eventually forwarded to Monrovia for the use of the commissioners, and Lord
Granville would be glad to know, in case the Government of the United States
should kindly accede to the request of that of Her Majesty, when the officer
whom it may depute for this duty will be able to proceed there.
[Untitled]
Foreign Office,
October 31, 1870.
Sir: I Lave carefully considered the papers
which you left with me, consisting of copies and originals of deeds
relating to the cession to Liberia of certain territories to the
northward of the present recognized boundary limits. I beg leave to
return them to you herewith.
I can only repeat what I have stated at our interviews, that it is
impossible for Her Majesty’s government to decide upon the validity of
deeds, most of which they know to be disputed, upon an ex parte statement and without hearing the counter-statements
and evidence which the chiefs interested may desire to produce, and I
must therefore adhere to my opinion, that the question can only be
satisfactorily solved by a commission of inquiry on the spot.
Her Majesty’s government have not failed to give their careful
consideration to the suggestions that you have made to them for the
settlement of this question, and shortly before your arrival in this
country they had received a proposal from the government of the Emperor
of the French to join in an inquiry into the territorial claims of
Liberia, and the communications which took place thereupon have led to
the delay that has occurred in my reply to the communications of your
government. Recent events in France will however probably prevent the
French government from carrying out their intention of associating
themselves in the proposed inquiry, and it remains therefore to consider
how Her Majesty’s government can best meet the wish of Liberia for a
settlement
[Page 488]
of the question. I
wish, in the first place, shortly to explain the views and feelings of
Her Majesty’s government upon this subject, which seems to have been
partly misunderstood, in order to assure you of the spirit in which they
will enter into such an inquiry as I have indicated.
You are aware that they are prepared to extend their recognition of the
Liberian boundary limits so as to include the Sagaree territory, which
was admitted by the commission of 1863 to be proved to belong to
Liberia.
It is therefore the claim of Liberia to the whole line of coast lying
northward of this limit, between the Manna and Young Rivers, which
provokes discussion and question. Within these limits the right of
trading is the only interest which England possesses, except to the
extreme northwest, in the neighborhood of the Shebar River, where her
claims in some measure clash with those of Liberia, but this includes
but a small portion of the district in dispute, and in the other
portions England has no territorial pretensions.
There would therefore be no objection on the part of England at once to
recognize the sovereignty of Liberia over the greater portion of these
countries were it not that some of the native chiefs have repudiated the
alleged cession of their territories and have denied that Liberia has
any legal claim to them, and Her Majesty’s government are therefore
unwilling to hand over these chiefs, with whom treaties have been
concluded and faithfully observed, against their wishes and upon
insufficient evidence of title, to the jurisdiction of Liberia, and they
maintain that the justice of the Liberian pretensions can only be
satisfactorily established by a strict and impartial investigation upon
the spot into the title deeds upon which she rests her claims, and into
any evidence against their validity that may be produced by the native
chiefs.
The commission which met in 1863 for this purpose failed to accomplish
its object, because the Liberian commissioners refused to allow the
testimony of the native chiefs to be admitted as evidence against the
title deeds which were produced on the part of Liberia or to join in any
inquiry on the subject, but Her Majesty’s government are unable to
understand why the Liberian government have objected to an examination
on the spot of the evidence on which they rest their claims, which, if
they are well founded, would establish their justice and expose the
weakness of the conflicting statements of the native chiefs and the
frauds which you allege to be practiced by them in the sale of their
lands.
Her Majesty’s government consider that the Liberian government should
withdraw this objection and agree to the examination of all the evidence
that may be adduced on either side, and if they consent to do so, I beg
to assure you that the instructions to the British commissioners will be
dictated by a spirit of strict impartiality and a desire to recognize
the claims of Liberia wherever they are proved to be just and well
founded.
Her Majesty’s government must, however, exclude from further
consideration the claims arising out of the case of the Elisabeth, and.
the plunder of the property of British subjects in the Mannah River
district.
Whether or not the pretensions of Liberia to the sovereignty of the
district in question are proved to be well founded, the fact will remain
the same that Her Majesty’s government had frequently warned the
Liberian government that they could not recognize their claim to this
territory without further investigation; but, in defiance of these
warnings, the Liberian government chose to prejudge the question by
taking the law into their own hands, committing outrages to which it was
impossible passively to submit, and which left Her Majesty’s government
no option but to pursue the course which they eventually took to obtain
reparation. I can assure you, however, that these measures were taken
with the greatest reluctance, and that the officer intrusted with the
mission was strictly enjoined so to conduct his proceedings as to wound
as little as possible the dignity of Liberia; but, for these reasons,
Her Majesty’s government cannot permit this question, which they
consider as settled, to be re-opened, and, although I have no wish to
press unduly upon your government for the payment of the compensation at
a moment when the finances of Liberia are in a disorganized condition, I
must point out to you that the solemn obligation which your government
contracted in this case must be fulfilled as soon as possible, and that
Her Majesty’s government cannot consent to any modification of its
terms.
As regards the question of appointing a British consul to reside in
Liberia, which your government has often pressed upon the attention of
Her Majesty’s government, I regret to state that the British trade with
the republic, hampered as it is by the restrictions imposed by the
Liberian law of 1863, is not, at present, of sufficient importance to
warrant the creation of such an appointment, but if the Liberian
government think fit to relieve foreign trade from these restrictions
and to adopt a more liberal commercial policy, leading to the extension
and increased importance of British trade, Her Majesty’s government will
then be happy to entertain the proposal.
In conclusion, I beg leave to inclose the draft of a note containing the
basis of an agreement as to the terms upon which a joint commission of
inquiry might be appointed, and while cordially reciprocating the wishes
you have expressed for the cultivation
[Page 489]
of the most friendly feelings between Great
Britain and Liberia, I would point out to you that this can be best
attained by a prompt and honorable settlement of all questions in
dispute between our two governments.
I am, &c., &c.,
To President Roye.
Draught of proposals for the
settlement of the Liberian boundary question.
Her Majesty’s government, being desirous of putting an end to the
present uncertainty regarding the correct boundary limits of
Liberia, and having been in communication with the government of
Liberia respecting the best means of arriving at a common
understanding upon the subject, have agreed to the following
proposals for the settlement of the question:
1. As the British government, while agreeing to recognize the actual
limits of the republic as comprising the coast-line between Cape
Palmas, to the south, and the south bank of the river Solyman, to
the northwest, cannot admit, without further inquiry, the claims
advanced by Liberia to the line of coast northward of this boundary,
lying between the Solymon and Shebar rivers:
2. As some of the native chiefs within these limits have denied the
alleged cession of their territories to Liberia, and repudiated her
claims to them, the British government propose that a joint
commission, consisting of two British and two Liberian
commissioners, shall be appointed to investigate, on the spot, the
disputed claims of Liberia, and to define her boundary limits.
3. The commissioners shall be fully empowered to inquire into the
validity of the title-deeds that the Liberian commissioners may
produce in support of their claims, and to entertain all and any
evidence to the contrary that the native chiefs and other claimants
may desire to submit to them.
4. The decision of the commissioners is to be considered as final and
absolute, and, in the event of any disagreement between them, the
points in dispute shall be left to the arbitration of the United
States, who shall, if necessary, be invited to send out an officer
to the commission.
5. The commissioners are to limit their inquiry strictly to the
question of boundaries, and are not to entertain any other subject
of discussion.
