Mr. Bayard to Mr. Pendleton.

[Telegram.]

Mr. Bayard instructed the minister of the United States at Berlin to inform the German Government that advices from Apia stated that the German consul had declared Germany to be at war with Mataafa and Samoa to be under martial law.

Mr. Bayard informed Mr. Pendleton that the German minister at this capital, under instructions of Prince Bismarck, had already acquainted this Government of the declaration of war by Germany against Mataafa, and had accompanied the notification with the statement that Germany would of course abide by the agreements with America and England touching Samoa, and observe, under all circumstances, the rights of those Governments established by treaty.

But, in view of the advices from Apia, Mr. Bayard instructed Mr. Pendleton to say that this Government assumed that the German officials in Samoa would be instructed carefully to refrain from interference with American citizens and property there, since no declaration of martial law could extend German jurisdiction so as to include control of American citizens in Samoa. Such a pretension could not be recognized or conceded by this Government.