Foreign Relations of the United States, 1894, Appendix I, Chinese-Japanese War, Enforcement of Regulation Respective to Fur Seals, Mosquito Territory, Affairs at Bluefields, Claim of Antonio Maximo Mora, Import Duties on Certain Products of Colombia, Haiti, and Venezuela, Affairs in the Samoan Islands

Mr. Herbert to Mr. Foster.

Washington, September 27, 1892.

Sir: With reference to my note of the 19th instant, I have the honor to transmit for your information copies of the correspondence noted in the margin respecting the difference of opinion which has arisen between the consular board at Apia and the majority of the municipal council, including the municipal president, in regard to the appointment of the returning officers for municipal elections.

I have, etc.,

Michael H. Herbert.

[Inclosure.]

Mr. Trench to the Earl of Rosebery.

Berlin, September 10, 1892.

My Lord: Upon the receipt of your lordship’s dispatch, No 191, of the 30th ultimo, respecting the difference of opinion which has arisen in Samoa between the president of the municipal council and the consular body in regard to the appointment of returning officers for municipal council and the consular body in regard to the appointment of returning officers for municipal elections, I took, in the absence of Sir E. Malet, occasion to mention the matter to the acting minister for foreign affairs, and, at Baron von Rotenhan’s request, furnished him with a memorandum of the contents of your lordship’s dispatch above referred to.

I have now received from the colonial department of the imperial ministry for foreign affairs a note verb ale, copy and translation of which I have the honor to inclose herewith, in which the circumstances attending this difference of opinion are discussed, the conclusion being that the Imperial Government will gladly follow the suggestions of Her Majesty’s Government, and will issue confidentially the desired instructions to their consul at Apia.

I have, etc.,

P. Le Poer Trench.

Ministry of Foreign Affairs, Colonial Department,
Berlin, September 8, 1892.

The imperial ministry of foreign affairs has the honor to inform Her Majesty’s embassy, with reference to the memorandum of the 3d instant that they also have received a complaint from the president of the municipal council at Apia regarding the action of the consular body.

The Imperial Government share the opinion that according to Article v, section 3, of the general act of Berlin, the consular body can not as a rule postpone coming to a decision in regard to the resolutions of the municipal council on the ground that one or another of the consuls is awaiting instructions from his government. Nevertheless the consular body has frequently before now imposed delays on grounds of expediency without any protest being raided on the part of the municipal council, In a recent case connected with the issue of certain penal regulations the municipal council had on the contrary declared their agreement to a postponement suggested by the German consul for the express reason that instructions might be received. If in the present instance the municipal council contrary to their usual practice objected to a delay they were in a position if they chose to bring the matter before the chief justice for decision in the manner prescribed by the general act. It appears moreover that in this case also the municipal council has raised no objection to the treatment of the question by the consular board and that the complaint of Baron Senfft von Pilsach is the outcome rather of personal initiative. All this might be held to constitute a sufficient reason for dissenting from Baron von Senfft’s opinion, but the imperial ministry of foreign affairs will, notwithstanding, gladly follow the suggestion of Her Majesty’s Government and will issue confidential instructions to the imperial consul at Apia to have an eye in future to the greatest possible expedition in the dispatch of business by the consular board.

Foreign Office, September 14, 1892.

Sir: I am directed by the Earl of Rosebery to transmit to you the accompanying extract from a letter from Baron S. von Pilsach, the municipal president of Apia, respecting the difference of opinion which has arisen between the consular board and the majority of the municipal council, including the president, in regard to the appointment of the returning officers for municipal elections.

Baron von Pilsach maintains that under section 3, Article v, of the final act the question should be referred for decision to the chief justice and not to the treaty powers.

Her Majesty’s Government are of opinion that the municipal president is in this instance correct in his interpretation of the act. The provision in question appears to have been expressly designed to prevent excessive delay in matters of administrative detail and to expedite the dispatch of business by the consular board at Apia. You will accordingly take the necessary steps to refer the question to the chief justice as soon as your German and United States colleagues receive instructions from their respective governments to a similar effect, and you will inform Baron von Pilsach of the above decision.

I am, etc.,

P. Currie.

I regret that I must report a new case to the three governments in which the consular hoard has disregarded the provisions of the Berlin treaty.

There exists a difference of opinion between that body and the majority of the municipal council of Apia, including myself, in regard to the appointment of the returning officers for municipal elections. If the consular board desired this difference to be settled such settlement fell apparently into the exclusive jurisdiction of either the chief justice or the supreme court of Samoa.

In a letter to the municipal council dated the 9th instant the consular board stated that Mr. Blacklock had informed the board of the aforesaid question having been referred by him to the U. S. Government.

Instead of reminding Mr. Blacklock that in the Berlin treaty the signatory powers have bound each other to refrain from any separate control on Samoan affairs and have established a special court for the purpose of meeting all requirements of administrative jurisdiction on the spot, Mr. Blacklock’s colleagues have joined in his oversight by resolving and signing the above-mentioned notification to the municipal council.

I have, etc.,

Frhr. Senfft von Pilsach.