Mr. Gresham to Sir Julian Pauncefote.
Washington, May 8, 1893.
Sir: This Government is advised, by a dispatch received from the U. S. minister at Stockholm, that His Majesty the King of Sweden and Norway, by whom and at the request of the three signatories of the Samoan general act Mr. Cedercrantz was named chief justice of Samoa, has now the intention of granting the request of Mr. Cedercrantz to be permitted to resign his office and return to Europe on the ground of ill health. Before doing so, however, His Majesty desires to learn the views of the signatory powers touching the precise date when Mr. Cedercrantz may be permitted to quit his post, having regard to the interests of the service and the means of communication with the Samoan Islands.
The readiness of the Government of the United States to accept Mr. Cedercrantz’s resignation of the Samoan chief-justiceship has been heretofore made known to the other signatories; and I have the honor to add that this Government is disposed to give effect to his present tender of resignation at as early a day as may be convenient.
In view, however, of the fact that the three signatories are considering the question of the immediate withdrawal of Baron Senfft von Pilsach, the president of the municipal council of Samoa, with every prospect of agreement upon the German proposal to intrust for the time being the administrative functions of the presidency of the municipal council to the consular representatives of the three powers acting jointly, the expediency or even feasibility of likewise temporarily intrusting to the three consuls the judicial functions and powers of the chief-justiceship may be seriously doubted. To do so would, it is thought, be an impracticable expansion of the intent of the provision of Article III of the general Samoan act, prescribing that—
The powers of the chief justice, in case of a vacancy of that office from any cause, shall he exercised by the president of the municipal council until a successor shall he duly appointed and qualified.
This Government would be indisposed to devolve, by substitution, upon the three consuls acting jointly, the complex and delicate judicial powers pertaining to the chief justice.
It would seem that the appointment and qualification of Judge Cedercrantz’s successor should, if possible, coincide with his retirement, so that no interruption of the due course of justice in Samoa shall occur. Any proposal to this end will have my earnest and speedy attention.
I have the honor to request an early communication of the views of your Government in this regard, so that an answer may be returned to His Majesty’s inquiry.
I have, etc.,