Papers Relating to the Foreign Relations of the United States, 1894

Mr. Foster to Sir Julian Pauncefote.

Department of State,
Washington, December 6, 1892.

Sir: I have the honor to state, for your information, that I am in receipt of a telegram of the 6th instant from the U. S. vice consul-general at Apia, which read as follows:

Chief justice notified by consuls. Refuses compliance with directions of three powers respecting survey and register fees.

I have, etc.,

John W. Foster.

Memorandum.

[Copy banded to the British minister by the Secretary of State, December 9, 1892; also to German minister.]

pro memoria.

Section 1 of Article viii of the Berlin general act provides that—

Upon the request of either power after three years from the signature hereof, the powers shall consider by common accord what ameliorations, if any, may be introduced into the provisions of this general act. In the meantime any special amendment may be adopted by the consent of the three powers with the adherence of Samoa.

It is believed that some amendment of the act, if only for explanatory purposes, is necessary. There are inherent ambiguities in its language, and the usual practical difficulties have arisen which naturally arise in the working of any new organization. These difficulties exist equally with respect to each of the instrumentalities created by the treaty, such as the court, the municipality, and the land commissions. Mention need only be made, for example, of the pending unsettled questions with respect to the division of the customs revenue, and the supervisory power of the supreme court over the findings of the land commission. Some agreement, too, must soon be reached regarding the continuance of the land commission, as it is now evident that its work can not be completed within the time originally limited by the treaty.

The residents of Apia in a public meeting last February asked the three governments to consider a series of amendments which they proposed. The president of the municipal council has recommended changes. The Government of the United States also has at different times been advised by its representatives in Samoa of amendments deemed necessary or desirable. Any one of the powers might now, in accordance with the section quoted, require the subject of treaty revision to be taken into consideration, but it is not believed that the purpose to be accomplished requires a formal conference such as originated the treaty, and much less so since there seems to be no necessity for any discussion of its general scope or plan. The purpose desired is not any alteration in its essential features but merely minor changes in its details. That purpose might be accomplished very simply by an informal conference between the Secretary of State and the representatives in this city of the governments of Germany and Great Britain, based upon a prior report of the representatives of the three governments in Samoa.

At the present time each of the three treaty powers has a consular representative at Apia. They are well informed regarding the necessity and propriety of any proposed changes, and they, aided by the counsel of the land commissioners of their respective governments, could profitably confer with reference to this subject without delay and without expense. Their consideration of the matter should be limited to explanatory amendments and details in the interest of the best practical results under the treaty. They could, of course, make separate reports to their respective governments, but in so far as they were able to agree they should make a joint report of their recommendations. These reports could be treated as being simply for the information of the powers, which could reserve to themselves the fullest liberty of final action. It is believed, however, that they would furnish an intelligent basis for the practical consideration of the questions involved.

It is, therefore, proposed by the United States that instructions be sent by the three powers to their respective consular representatives in Samoa to hold a joint conference at the earliest convenient date after receipt of the instructions and make a joint report as to recommendations which they may be able to agree upon respecting the more effective working of the Berlin general act. When this joint report is received it is further proposed that a conference be held between the Secretary of State and the diplomatic representatives of Germany and Great Britain with a view to the adoption of such modifications or explanatory declarations of the Berlin general act as, in the light of the recommendations of the consuls or other officials, may be deemed advisable.