Mr. von Holleben to
Mr. Wharton.
[Translation.]
Imperial German Legation,
Washington, June 6,
1892.
Mr. Secretary of State: By your note of the
20th of February last, addressed to Mr. von Mumm, who was then the
imperial chargé d’affaires, you stated that the U. S. Government agreed,
in principle, to the proposal that any war vessel that might chance to
be in Samoa might, if necessary, render suitable aid in the execution of
warrants of arrest issued by the supreme court of Samoa, and asked, in
conclusion, to be acquainted with the views of the Imperial Government
on the subject.
As you will see by the inclosed draft of an instruction to be addressed
by the Imperial Government to the consul of the Empire at Apia, the
views expressed in your note of February 20 have, in general, been taken
as the basis of the instruction.
I would remark that this draft has been communicated to the Royal
Government of Great Britain, which has likewise agreed, in principle;
and I have the honor to request you to inform me whether the U. S.
Government is prepared to issue suitable instructions to its
representative at Samoa.
I shall not fail to bring a communication on this subject without delay
to the knowledge of the Imperial Government.
I avail myself, etc.,
Draft of instructions to the German consul at
Apia,
Foreign Office, Berlin,——, 1892.
As you are aware Malietoa addressed to the three treaty powers, on
the 9th of December, 1891, an identical note in which he requested
the aid of their war vessels in the execution of the warrants of
arrest issued by the supreme court of Samoa. The governments
concerned are disposed to comply with this request in the interest
of the maintenance of the judicial order established by the Samoan
treaty, so far as this may seem to be necessary in this particular
case, and to be required by circumstances. You are authorized to
apprise the Samoan Government of this in such way as you may think
proper, conjointly with your English and American colleagues, who
will receive suitable instructions.
The negotiations concerning the procedure to be observed between the
Imperial Government and the London and Washington governments have
led to an agreement that the interference of war vessels in the
cases under consideration is to be exclusively confined to effecting
the execution of warrants of arrest issued by the supreme court, and
that such interference shall take place at the requisition of the
proper consular officer, who shall not make such requisition unless
the consuls of the three treaty powers shall, in each particular
case, have become convinced that such aid appears necessary, and
when they have applied for it to the consular officer concerned. The
execution of warrants in the case of persons who are not natives
shall, if possible, take place through the agency of such war vessel
as may be present, belonging to the nation to which the person under
prosecution belongs. Compliance with requisitions, moreover, must as
far as possible take place in regular rotation. In making
requisitions, great caution should be used, and special care should
be taken to the end that interference on the part of war vessels,
when it takes place, may preserve the character of an executory
measure directed against individuals, and may not lead to an act of
war; consequently, no requisition shall be made for the services of
war vessels in cases in which the object can be accomplished only by
long expeditions into the interior. I would add, in conclusion, that
it will, of course, be competent for commanders of war vessels to
decide concerning the military practicability of requisitions and I
beg you, the case arising, to be governed by tie foregoing
directions.
