No. 510.
Mr. Bayard
to Mr. Phelps.
Department
of State,
Washington, March 1,
1888.
No. 809.]
Sir: I have had the honor to receive, under date of
the 8th ultimo, a note from Her Britannic Majesty’s minister at this
capital, in relation to a case of criminal assault of a German upon a
British subject at Apia, in which there was a contest between the German
consul and the municipal court as to jurisdiction.
The defendant, named Marquardt, being a German, and the offense being a
criminal assault, the Imperial German consul claimed the right to try the
case as coming within his exclusive jurisdiction, and denied the right of
the municipal judge, before whom the prosecution had been pending, to take
further cognizance of it.
In October last the controversy above stated was brought by the German charge
at this capital to the notice of the Department, the consul of the United
States in Apia having as president of the municipal board taken the lead in
asserting its jurisdiction. Upon an examination of the case, the Department
came to the conclusion that the jurisdiction of the municipality was
doubtful and instructed the American consul not to press the controversy
further.
Her Majesty’s Government having learned the opinion of this Department, the
British minister here was instructed to inquire whether, upon an examination
of the facts which he communicated in his note above referred to, this
Government still concurred in the views of the German Government from which
Her Majesty’s Government dissented. Before receiving this note of the
British minister the Department had received information which seemed to
render superfluous any further discussion as to the jurisdiction of the
municipal court.
For on the 14th of October last the German consul, with the assent of the
British consul, declared the municipal government to be in abeyance because
of an alleged refusal of the American consul to attend on that day a special
meeting of the municipal board. As the Department is informed, the American
consul was already near the place of meeting at the time the German consul
took the course stated, and had accompanied the British consul three-fourths
of the way to the court-house, when, recollecting some papers which he had
intended to bring with him from his office, he returned thither for them and
was thus delayed.
On the 27th ultimo the Department received a dispatch from the Americal
consul, Mr. Sewall, dated January 28, 1888, copy of which is inclosed, in
which he communicated to the Department copy of a note of the 18th of
January from the German consul at Apia, declaring the formal withdrawal of
the Imperial German Government from the municipality convention of the 2d of
September, 1879, and offering to enter into negotiations with the American
and British consuls for a division of the property of the municipality.
To this dispatch of the American consul a reply was made, copy of which is
inclosed.
You are instructed to bring the matter to the attention of Her Majesty’s
Government, and inquire whether they have accepted the notice of Germany’s
withdrawal from the municipality convention, and if so, whether they have
instructed their consular representative at Apia, as to the course he shall
pursue in regard to the municipal property and funds.
I am, sir, etc.,
[Page 705]
[Inclosure 1 in No. 809.]
Mr. Sewall to Mr.
Rives.
Consulate-General of the United States,
Apia, Samoa, January 28, 1888.
No. 83.]
Sir: I have the honor to transmit herewith copy
of communication from the Imperial German consul in which he gives
notice of the immediate withdrawal of his Government from the
municipality convention of 2d September, 1879, prolonged by the protocol
of 29th September, 1883.
In this communication he also informs me that he is ready to enter into
negotiations with me and the British vice-consul respecting a division
of the property of the former municipality. I have acknowledged the
receipt of this communication and await the Department’s
instructions.
I have, etc.,
Harold Marsh
Sewall,
Consul-General.
[Inclosure 2 in No.
809.—Translation.]
Mr. Becker to Mr.
Sewall.
Imperial German Consulate for the South Sea
Islands,
Apia,
January 18, 1888.
Sir: The Imperial German Government has
arrived, through the events of last year, at the conviction that the
municipality convention of September 2, 1879, prolonged by the protocol
of September 29, 1883, for an indefinite time, has become impracticable
under the present circumstances.
The Imperial Government has resolved upon exercising the right belonging
to each party of giving notice of immediate withdrawal, and has
authorized me to declare hereby its formal withdrawal from the
above-mentioned convention.
For making use of the authority given to me, I have the honor to inform
you that for the purpose of division of the sum of money deposited with
Mr. Hamilton, United States vice-consul, and the other property of the
former municipality, I am ready to enter into negotiations with you and
Her Britannic Majesty’s consul here.
I beg you will be so kind as to acknowledge receipt of this letter.
I have the honor, etc.,
Becker,
Imperial German
Consul.
[Inclosure 3 in No. 809.]
Mr. Sewall to Mr.
Rives.
Consulate-General of the United States,
Apia, Samoa, January 28, 1888.
No. 84.]
Sir: I have the honor to transmit herewith
copies of proclamation signed by Tamasese and Brandeis, announcing that
in consequence of the withdrawal of the Imperial German Government from
the convention of September 2, 1879, the former municipal district
passes under the control of this Government, and declaring which of the
former municipal regulations are still in force. Foreigners are left
under foreign jurisdiction.
I have the honor, etc.,
Harold Marsh
Sewall,
Consul-General.
[Inclosure 4 in No.
809.—Translation.]
I Tuiaana Tamasese, the King.
The Imperial German Government has given notice of withdrawal from the
convention of September 2, 1879, concerning the municipality.
Through this notice the municipality has ceased to be in force.
The former municipal district passes again under the control of my
Government.
The municipal regulations 8 to 20, 25, 28, 30 to 37, 39 to 42, 59, 61,
62, 64 to 71, 74 to 76,
[Page 706]
83 to
86, 97, 108 to 111, 114 to 116, 118 to 120, 122, 124, 127 to 129, 131 to
138, are hereby declared to be laws of Samoa and continue to be in force
for all persons residing within the former municipal district, with the
exception of those foreigners who are under foreign jurisdiction.
In the above-mentioned regulations the judge appointed by me takes the
place of the “magistrate “and “chief of police,” and my Government the
place of “consuls” and of the “municipal board.”
Capital of Samoa,
Mulinuu, January 18, 1888.
- I Tuiaana Tamasese,
King of Samoa.
- Brandeis.
[Inclosure 5 in No. 800.]
Mr. Rives to Mr.
Sewall.
Department of State,
Washington, February 28,
1888.
No. 42.]
Sir: I have received your No. 83 of the 28th
ultimo inclosing a copy of a note from the Imperial German consul at
Apia, in which he gives notice of the withdrawal of his Government from
the municipality convention of September 2, 1879, and states that he is
ready to enter into negotiations with yourself and the British consul
for a division of the property of the municipality. As you are aware,
the United States is not formally a party to that convention, and is
therefore not in a position to discuss with Germany the right of her
withdrawing therefrom. It is understood, however, that the parties to
the convention, Germany and Great Britain, each reserved the right of
withdrawing at pleasure. And if Her Britannic Majesty’s consul is
instructed by his Government to treat the convention as at an end, it
will be regarded by this Government as no longer existing. In such case,
it will be necessary for this Government to secure its share in the
property belonging to the municipality, which received the practical
support of the United States and the substantial support of its citizens
in Apia.
In regard to entering into a negotiation for such a division it will be
proper for you to consult the British consul, who will be guided in his
action by the instructions of his Government. Should he be instructed to
enter into a negotiation for the division of the property in question,
you are instructed to pursue the same course, as there would then be no
doubt as to the municipality having been abandoned by the contracting
parties.
I am, etc.,
G. L. Rives,
Assistant
Secretary.
