Mr. Herbert to Mr.
Foster.
British
Legation,
Washington, July 5,
1892.
Sir: With reference to Sir Julian Pauneefote’s
note of the 19th April last, I have the honor, by direction of my
Goverment, to inclose for your information copy of an instruction which
has been addressed to Her Majesty’s consul in Samoa in regard to the
conditions on which the three treaty powers concerned have agreed to
accede to King Malietoa’s request that their ships of war in Samoan
waters might be permitted to inforce the authority of the supreme court
of Samoa in the execution of its warrants.
I have at the same time the honor to inform you that instructions in the
same sense have been sent by Her Majesty’s Government to the British
commander in chief on the Australian station, and I am desired by the
Marquis of Salisbury to express the hope that similar instructions may
shortly be forwarded to the American consular and naval authorities, if
they have not been already issued.
I have, etc.,
[Page 540]
[Inclosure.]
Sir Philip
Currie to Mr. Cusack-Smith.
No. 11.]
Foreign
Office,
June 24,
1892.
[Political.]
Sir: With reference to your dispatch No.
71, of the 9th of December last, I am directed by the Marquis of
Salisbury to inform you that an identic letter was on that date
addressed by King Malietoa to the Governments of Great Britain,
Germany, and the United States, requesting the assistance of their
ships of war at Apia to enable the supreme court of Samoa to execute
its warrants.
With a view to uphold the system of judicature established by the
final act of the conference of Berlin on Samoan affairs, the treaty
powers are disposed, upon certain conditions to accede to King
Malietoa’s appeal, and an understanding as to the procedure to be
adopted in such cases has been arrived at. You will find it recorded
in the inclosed memorandum, and you will be guided by the rules
therein laid down in any future action which you may have to take in
this matter.
You are authorized to inform the Samoan Government of the decision
come to, and you should concert with your colleagues of Germany and
the United States, to whom similar instructions will be sent, as to
the form in which this communication should be made.
The British naval authorities in the Pacific have also received
instructions which will insure their cooperation when it is
required.
I am, etc.,
Memorandum.
The intervention of ships of war will be restricted to the action
required for executing the warrants of arrest issued by the supreme
court. Such intervention is to take place only on a requisition from
the consul of the country to whom the vessel belongs, and he will
make the requisition only on occasions when the consuls of the three
treaty powers are unanimously of opinion that support is necessary
and request him to apply for it.
The execution of warrants for the arrest of persons other than
natives should, if possible, be intrusted to a ship of war of the
nationality of the person to be arrested. In other cases any action
that may be taken in compliance with these requisitions should, as
far as possible, be taken by the ship of war in turn.
It is to be borne in mind that the intervention of the ship in war in
these cases should have the character of an executory measure
against individuals and should not lead to any warlike action.
There will thus be antecedent reasons against the employment of ships
of war in cases where the desired end can not be obtained without an
expedition far into the interior.
The question whether compliance with a requisition is practicable
from a military point of view is one that must be left to the
discretion of the commander of the ship of war concerned.
