No. 446.
Mr. Turner
to Mr. Fish.
Legation of
the United States,
Monrovia, February 16, 1874.
(Received May 11.)
No. 110.]
Sir: I have the honor herein to set forth a summary
of the more important doings of the Liberian legislature at the late session
thereof, just ended. The first business of significance that engaged
attention was the consideration of certain propositions for mining,
extracting ores, &c. (See inclosure.)
These propositions were made by English capitalists through their agent, a
Mr. Forbes, civil engineer, who was present in person, and has since died of
African fever. The propositions were accepted without modification by the
senate; but on the ground that monopolies of any kind, especially those
sustained by foreign capital, are imperiling to the well-being of the
independence, if not to the life of the government itself, and therefore
should not be introduced during the present prostrate condition of the
national finance, the house tabled the propositions indefinitely. During the
discussion the house manifested a disposition to have all foreign enterprise
that may hereafter be introduced into Liberia enter the country under the
auspices and control of citizens of the United States, in preference to
those of any other country. The senate, seeing the action of the house,
tried to sustain its own acceptance of the original propositions by
attempting to consider them in the light of a treaty. Whereupon the house
immediately applied to the supreme court, then in session, for an opinion,
as to whether or not the senate was constitutionally empowered to consider
the propositions of individuals or minor corporations in the light of
treaties. (See inclosures 2 and 3.) I have noted that in all such matters
the preferences of the people are evidently American, not English.
[Page 701]
A very important act was passed at this session of the legislature,
introducing into that body (the house) two native chiefs from each of the
principal tribes living in and around Liberia, for the purpose of consulting
on native affairs. Had Liberia adopted the policy indicated by the spirit of
this act twenty-five years ago, the country would not be in such signal want
of men to-day. However, it remains to be seen whether this act will be
executed, or remain, as many other equally valuable laws, neglected and
dormant on the statutes of the republic.
Quite an exciting question arose between the senate and the President
respecting cabinet and other executive officers, whom it has been customary
at the beginning of each administration to submit for confirmation of the
senate prior to the adjournment of that body; thus avoiding appointments
during the interval that may meet with rejection upon the re-assembling of
the senate. The observance of this usage seems to have been the invariable
practice. In this instance, the senate held that it was both the practice
and the law; while the President maintained that all executive officers
appointable by him he was constitutionally entitled to appoint and continue
during his pleasure, without consulting the senate’s will as to the period
for which such officers should be appointed. (See inclosure 4.) This
difference of opinion created an exciting debate in the senate, during which
senators accused the President with attempting to exercise prerogatives
unknown to the law and usage, and of acting with a stronger hand than the
law or the spirit of republican institutions allows 5 and that if such was
the spirit of his policy, he had in effect already leaped from republicanism
into the bounds of monarchy. This question originated by the President
holding over into the new administration the honorable the secretary of the
treasury. Senators took position ostensibly with reference to all officers
to be appointed by the President, but I am convinced their opposition was
really to the continuance of the secretary of the treasury, with whose
management of the finances the senate seemed displeased. Could the senate
have received the submission of the name of this officer, I believe he would
have been denied confirmation. The position of the President might have been
rendered exceedingly embarrassing had not the house of representatives
manifested little or no interest in the matter. They of the house morally
and indirectly gave to the President their support, by urging the senate, in
the heat of the discussion between the President and the senate, to fix a
day on which to, adjourn. Having by this means brought themselves to a
disagreement with the senate, they, by resolution, requested the President
to exercise his constitutional privilege and adjourn the legislature. To
this the President consented, and adjourned that body on the fourteenth day
of February, 1874, pending the debate in the senate. (See inclosure 5.)
I take this opportunity to inform the Department of the retirement of Hon. H.
B. W. Johnson from the post of secretary of state. Mr. Johnson assigns as
his reason for this retirement his inability, on account of the absence of
progressive policy in the conduct of the affairs of government, to acquiesce
with the views of the administration.
Hon. J. E. Moore (formerly temporarily in charge of the archives of this
legation) is appointed successor to Mr. Johnson.
I have, &c.,
[Page 702]
[Inclosure 1 in No. 110.]
Propositions to the republic of Liberia for
concessions of lands, &c.
Agreement between the undersigned, his excellency the
President of the republic of Liberia, of the one part, and Joseph Samuel
Forbes, civil engineer, and George Wells, engineer, and —, contractor —,
all domiciled in London, acting on their own behalf and on that of their
copartners, (hereafter called the concessionaires,) of the other part,
for the construction of railways and tramways for special or public
purposes throughout the republic of Liberia, the working of mines, and
the construction of clocks, landings, stages, jetties, warehouses, and
other works incidental to the same.
It has been covenanted as follows:
- Article 1. His excellency the
President of the Liberian republic grants to Joseph Samuel
Forbes and George Wells,——, and their copartners, subject to the
ratification of the legislative body within a period of six
months from the date hereof, the construction of railways and
tramways, for special or public purposes, throughout the
country; and for the construction of the following works, viz,
docks, landing-stages, jetties, warehouses, and other works
incidental to the same.
- Article 2. The concessionaires to
have the right to explore the country for the purpose of
discovering mineral deposits, and to have the exclusive right to
work the same or any mines they may claim to discover, which are
not now being worked or have not been worked in a regular
manner, and of which the government have not received notice, a
list of such notices to be furnished to the concessionaires
before commencing their explorations. The concessionaires may
work, crush, smelt, or otherwise deal with such minerals and
dispose of the produce of the said mines.
- Article 3. The right to erect upon
all government or public land, free of charge for such land,
railways, tramways, stamps, mills, furnaces, saw-mills, and all
works incidental to the same, required for the prosecution of
the mining business of the concessionaires.
- Article 4. The concessionaires to
have every privilege now possessed by independent traders in the
republic for trading in and dealing with the natural productions
of the country, upon payment of such dues in each case as the
aforesaid traders may be liable to.
- Article 5. The concessionaires to
receive free grants of all government or public land required
for the construction of railways, roads, or tramways, for
general or special purposes; all machinery and materials for the
use of the works shall be admitted into the country free of
impost, and the concessionaires may take for the construction
of, and use in, their works such necessary public lands, timber,
and other building-material, which may during the term of such
concession be required for such purpose.
- Article 6. Government to guarantee
protection during the term of the concession to person and
property, securing compensation to the concessionaires and their
employés for all losses and damages which may be sustained from
the inhabitants of the country, and in the event of any damage
being so sustained, and any dispute arising between the
government and the concessionaires as to the amount of the same,
the case shall be submitted to arbitrators in the usual
way.
- Article 7. The concessionaires to
pay to the government on the net profit derived by them, after
deduction therefrom of six per cent, on capital account:
-
- On all gold and silver, £6, 10s. 0d. per cent.
- On copper, 1/20 of the net profit.
- On lead and silver lead, 1/20 do.
- On all other minerals, 1/20 do.
- Article 8. The government to have
the use of the railways and tramways for the conveyance of
officials, transport of troops and materials of war, and all
stores and materials belonging to the government not required
for trading purposes, upon payment of the working expenses
only.
- Article 9, All profits derived from
public traffic over such railways and tramways, after payment of
six per cent, per annum interest upon capital account, to be
divided share and share alike between the government and the
concessionaires.
- Article 10. On receiving the
ratification of this agreement, the concessionaires undertake,
under forfeiture of the concession, to send, within six months
from the date of receiving the ratification, a competent
engineer and agent, qualified to report on the mineral and other
resources of Liberia—the government undertaking to provide the
agents with guards, tents, carriage, food, and everything
necessary for their safety and comfort, when required so to do,
upon payment by the concessionaires of all reasonable costs and
charges incurred by the government in doing so.
- Article 11. The concessionaires,
after investigating the resources of the country, under penalty
of a forfeiture of their right, to be bound within a period of
twelve months to find sufficient capital to develop to a
reasonable extent such mines as may be discovered.
- Article 12. Upon signing this
agreement, the government to appoint Joseph Samuel Forbes, C.
E., Assoc. Inst. C. E., as engineer-in-chief to the Liberian
government during such term as he may be engaged upon the works
of the concession; and in the event of the government requiring
his services for or upon government public works, the government
to pay to him such amount of salary or commission as may
hereafter be mutually agreed upon.
- Article 13. The term of the
concession to be for fifty years, and at the expiration of that
term the special privileges granted will cease and
determine.
Witness the signatures of the said parties
to this agreement, this
eighth day of October, 1873.
J. J. ROBERTS.
JOSEPH S.
FORBES.
GEORGE WELLS.
Witness,
J. Jackson,
Consul-General for the Republic of
Liberia.
London, 3 Leadenhall
Street,
September 27,
1873.
Sir: I am desirous of obtaining from you a
concession to establish a bank at Monrovia, the capital of your country,
and I desire to obtain the concession on the following conditions:
- First. That your government should furnish the bank with such
a building as would be necessary for the transactions of its
business, the said building to be at the absolute disposal of
the bank free of charge.
- Secondly. That upon the bank depositing £10,000, (to be
increased to £25,000,) which sum shall be verified by your
government, the bank shall be authorized to issue notes to the
extent of three times the value of the capital so
deposited.
- Thirdly. That your government shall make the said notes a
legal tender.
- Fourthly. That your government shall keep a treasury account
with the said bank, and all its receipts and expenditure shall
pass through the bank. It would be necessary for the concession
to be adopted by the legislature, and the charter drawn up in
the usual way or form.
- Fifthly. To have the exclusive right of manufacturing and
issuing a copper coinage of cents or half-penny, whichever the
government may deem advisable.
- Sixthly. That the concession shall be for a duration of
twenty-one years.
I have the honor to remain, sir, your most obedient servant,
His Excellency President J. J. Roberts, Liberia.
London, 3 Leadenhall
Street,
September 27,
1873.
Sir: On behalf of myself and the friends of
Liberia, I most respectfully but urgently solicit your powerful aid to
grant me a concession.
- First. To connect Liberia with the present system of Atlantic
telegraph-lines. To do this it is essential that the government
grant a concession, either giving a guarantee of 3 per cent, per
annum upon that portion of the amount of capital which will be
required to connect Liberia with the nearest state westward and the
Cape de Verd Islands, so that if the net receipts per annum do not
amount to such percentage, the government guarantee would make up
the difference.
- Secondly. Or that the government grant a concession for the sole
right and privilege of landing submarine cables on the state or
territory of Liberia.
- Thirdly. Any concession that may be granted hereunder shall have a
duration of forty years.
- Fourthly. The concessionaires shall have the right to fix the
tariff which they may deem fit, and which shall belong to them. The
government messages to be charged at — per cent, less than that paid
by the public.
- Fifthly. The concessionaires to have the right and privilege of
erecting land-telegraphs in the territory of Liberia where they may
think proper, and working them in connection with their cables. This
right to extend also for forty years, at the end of which time the
land-lines to be taken by the government at a valuation.
- Sixthly. Should the cable not be laid clown within five years from
the date of the ‘Concession, the said concession shall be null and
void.
- Seventhly. The maintenance and repairing of the cable or cables
shall be exclusively at the charge of the concessionaires.
- Eighthly. The concessionaires to have the right of appointing
their own superintendents, clerks, &c., for working the lines,
and the sole control of the same.
- Ninthly. In the event of a sole concession not being granted, the
annual guarantee from the government of Liberia will be (at 30)
£3,000 on a capital of £100,000.
Should your excellency deem that I have not explained myself
sufficiently, and consent to grant me an interview, I may explain all
points more satisfactorily.
I have the honor to remain, sir, your most obedient servant,
His Excellency President J. J. Roberts.
3 Leadenhall Street, London,
October 9, 1873.
Sir: In addition to my former applications to
your excellency for concessions to establish a bank at Monrovia, with
the right of laying down cables for telegraphic purposes both marine and
land, I now approach your excellency for a further concession, namely,
the right to run a line of steamers from this country to Liberia, which
right to last twenty-one years, the government of Liberia granting me a
subsidy of a sum per year to be fixed on hereafter, for carrying all
your mail-matters, commencing with one steamer and increasing them in
number as the requirements of Liberia will warrant; said line of
steamers to have the right of free entry to any port or ports of
Liberia.
Trusting that my applications will claim from your excellency the
consideration they so much merit, and with profound respect, I remain
your excellency’s most obedient servant,
His Excellency President J. J. Roberts, Liberia.
[Inclosure 2 in No. 110.]
Mr. Turner to Mr.
Moore.
United
States Legation, Liberia,
Monrovia, March 3,
1874.
Sir: The undersigned, United States
minister-resident and consul-general, begs to invite your attention to a
certain decision or opinion of the supreme court of your republic, as
rendered in a certain case concluded at its last session, the title to
which ‘case was, (I think,) The Honorable the House of Representatives
versus The Republic of Liberia, and the
subject-matter a question of constitutionality, for the purpose of
respectfully requesting that you consent to furnish this legation with a
copy of said decision or opinion of the supreme court of your
republic.
The undersigned has the honor to be, &c.,
[Inclosure 3 in No. 110.]
Mr. Moore to Mr.
Turner.
Department of State,
Monrovia, March 6,
1874.
Sir: I have the honor to acknowledge your
communication of the 3d instant, and to forward herein, in compliance
with your request, a copy of the opinion of the supreme court of the
republic on the question propounded to it by the house of
representatives. With assurances of the highest consideration and
regard,
I have, &c.,
[Inclosure in 3 in No. 110.]
Opinion of the supreme court.
The supreme court, in compliance to a resolution of the house of
representatives of the republic of Liberia, soliciting its opinion as to
whether the senate, by the constitution of the aforesaid republic, has
exclusive privilege to grant a cession of lands, say [Page 705] there are no other privileges delegated to
the senate as a branch of the national legislature, but those which are
by the constitution distinctly and positively defined. The first of
those privileges referred to is that of organizing its own government;
adjudge the election returns and qualifications of its own members. It
is also the exclusive privilege of the senate, when any treaty or
treaties are made by the President, to either concur therein, or reject
the same. It may be well here to state that a treaty, in the sense of
the term employed in the constitution, can only be made between
independent and sovereign nations. The second is the privilege to
confirm by its advice and consent all officers named in the constitution
when nominated by the President, viz, all ministers and consuls,
secretaries of state, of war, of the navy, and of the treasury,
attorney-general, all judges of the courts, justices of the peace,
clerks of courts, registers, notaries public, sheriffs, coroners,
marshals, and all other officers of the state, civil and military, whose
appointment may not be otherwise provided for by the constitution, or by
standing laws. And lastly, the trial of all impeachments belongs
exclusively to the senate also. All other privileges assumed as being
exclusive are unwarranted and unconstitutional. Therefore, it is the
opinion of this court that the acts of the senate referred to by the
resolution, in granting a cession of lands to a certain company,
citizens of Great Britain, are unconstitutional, and therefore have no
binding effect on the republic of Liberia.
January term, 1874.
A true copy from the department of state.
J. E. MOORE.
Monrovia, March 7,
1874.
[Inclosure 4 in No. 110.]
Reply of the President to
the senate.
Executive Department,
Monrovia, February 10,
1874.
The honorable the Senate of the
Republic of Liberia:
Gentlemen: I have the honor to acknowledge the
receipt of your communication of yesterday’s date, in which your
secretary informs me of the “report of the special committee appointed
to point out the omissions occurring in the executive communication of
the 2d instant,” &c.
I learn from your communication that said committee have specified the
following-named officials as having been omitted in my communication of
the 2d instant, viz: secretary of the treasury, attorney-general,
treasurer; county attorney for Montserrado and Grand Bassa Counties;
superintendents of the several counties, general and provisional;
surveyor of Montserrado County; sub treasurer for Sinoe County;
commissioners to the interior of the several counties; commissioner of
education, Maryland County; and commissioners to the International
Exhibition, Philadelphia, U. S. A.
In reply, I beg to say that I think your special committee are in error
in supposing that the commissioners of education for Maryland County
were omitted, for I have received a communication from your honorable
body in which your secretary informs me that Mr. J. A. Tuning, nominated
to the senate as commissioner of education for Maryland County, has been
rejected.
As to the commissioners to the interior and to the international
exhibition, the laws made at this session authorizing their appointment
expressly provide that they shall be appointed by the President, and
they make no provision for those commissioners being nominated to and
confirmed by the senate. And such a thing could not have been in the
contemplation of the honorable legislators when those acts were passed,
for it could hardly have been supposed that the Executive would have
been able, within a few weeks after the passage of those acts, to select
men suitable for such an important post as the representative of Liberia
at an exhibition of the wealth and industry or all nations.
As to the subtreasurers, the surveyors, and the county attorneys for the
several counties, the Executive finds no little trouble in securing
suitable men for those as well as other important offices. In making
appointments the Executive is bound, in duty, to consider more what
benefit his appointees will be to the state than what benefit the
appointment will be to them, but if the appointment is not of sufficient
benefit to them they will not accept office. This is the case now with
the office of attorney for Montserrado County. That officer has twice as
much work as the county attorney in any other county, and he has often
to contend against the most of the legal talent of the republic, and the
salary is so small that I can find no one to take that office whose
legal ability is at all likely to assert the majesty of the laws, and
save the state from expense in contending with the legal talent that
criminals would employ against.
As to the cabinet officers mentioned, and superintendents, and in fact
all the other [Page 706] officers
mentioned by your committee, the constitution and laws creating them
declare that “they shall hold their offices during the pleasure of the
President.” Now, I understand that to mean that when any one of these
officers is once sent in to, and is confirmed by, the senate, he remains
in office until the President, whoever may be that officer at that time,
shall express his pleasure to remove him, unless he be removed by the
act of God or his own will sooner than that.
If those officers have to be sent before the senate every two years to be
reconfirmed, then they do not hold their office at the pleasure of the
President, but at the pleasure of the senate.
As those officers are the representatives of the President, and as he has
to repose special confidence in their ability and integrity, and has to
rely upon some of them in an especial manner to enable him to govern
successfully and peaceably the distant part of the country; and as the
people hold him responsible in a great measure for their acts, it
certainly seems right and proper, as it is legal and constitutional,
that they should hold their offices during the pleasure of the
President. And no harm can arise to the people from such a tenure of
office; for there is a way provided in our constitution by which they
can be removed at any time, for a sufficient cause.
Although all of the above-named officers hold their offices during the
pleasure of the President, yet I would have no objection to sending
before the senate for reconfirmation any of the said officers when
practicable, except the members of my cabinet, and the superintendents
of the several counties.
The Executive being sworn to support the constitution and enforce the
laws, he must of necessity, in the first instance, constitute himself
the interpreter of the laws and constitution, and if he misunderstand
them the constitution itself has provided a way by which his mistake may
be corrected and a true interpretation given.
These being my views, gentlemen, as to the officers above referred to,
that is, cabinet officers and superintendents especially, and it being
my pleasure to retain those who are now in office, for the present at
least, I can see no necessity for sending their names again before the
honorable senate for confirmation.
Where there are vacancies in any of the offices, they will be filled just
as fast as suitable persons can be found to fill such offices.
Trusting that you will find, gentlemen, from this communication, that
there were no omissions in my communication of the 2d instant, but that
certain officers were not sent in, from inability to find suitable
persons, and that others were not sent from a conscientious conviction
that I am acting in accordance with our laws and constitution, and
trusting that you will rightfully consider my actions in the
premises,
I have the honor to be, gentlemen, your obedient servant,
[Inclosure 5 in No. 110.]
The honorable the Senate and House of
Representatives of the Republic of Liberia.
Gentlemen: Having been officially notified by a
resolution of the house of representatives, adopted on the 10th instant,
that a disagreement exists between the senate and house of
representatives as to the time of adjournment, and requesting that the
present session of the legislature be adjourned sine
die, by executive prerogative, as in such cases made and
provided, on Saturday the 14th instant, therefore, I, Joseph Jenkins
Roberts, President of the republic of Liberia, by authority vested in me
by the constitution of the republic, do hereby and by these presents
adjourn the present session of the legislature of this republic sine die. from and after Saturday the 14th
instant current, and from and after the said 14th instant the
legislature of this republic stands adjourned as aforesaid.
Given under my hand and the seal of the
republic, at the executive department, this 11th day of February, A. D.
1874.
J. J. ROBERTS.
Duplicate forwarded to the house of representatives.
