Baron Ketteler to Mr. Foster.

[Translation.]

Mr. Secretary of State: In a memorandum drawn up in the English language, which I handed you on July 14, 1892, I stated, by the instructions of my Government, that the decision delivered by the chief justice of Samoa, awarding the receipts from import and export duties to the Samoan Government, conflicts with the provisions of the Samoan act, and that, in the opinion of the Imperial Government, it is expedient to restore the previous state of affairs, and to turn over these receipts hereafter, as heretofore, to the municipality. While I am still awaiting a reply to my memorandum and to a communication asking whether the U. S. Government shares our views, I have been informed by the foreign office that the president of the municipality of Apia has transmitted to Berlin a customs regulation issued in the name of the Samoan Government, with the request that the application Of the regulation to the German subjects residing in Samoa be approved. A similar request has doubtless been sent to the U. S. Government. The regulation is based upon the hypothesis that the customs receipts belong to the Samoan Government. If this hypothesis is unfounded, as is believed by the Imperial Government, it follows that the regulation itself has no force. It is therefore important, in the opinion of the chancellor of the Empire, to take a position at once with regard to the customs question itself. The Imperial Government thinks that it would be of advantage to arrive at an agreement on this subject as soon as possible, as the further settlement of affairs in Samoa may depend essentially on the decision of this question.

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I take the liberty of adding, that a reading and examination of the customs regulation which has been communicated to me from Berlin, “An ordinance regulating the collection and arrangement of the revenue of customs,” even when considered by itself, has failed to convince me that its provisions are in harmony with the requirements of the situation in Samoa.

Entirely apart from the conviction that trade and navigation in Samoa would be excessively embarrassed and impeded by the approval of this ordinance, I think it my duty to call attention to the fact, that to execute the ordinance an employment of officials would be required involving expenses entirely disproportioned to the total (annual) receipts from the Samoan customs duties (about $12,000 in gold).

Awaiting a speedy expression of the views of your Government,

I avail myself, etc.,

Ketteler.