Baron Ketteler to Mr. Foster.
Washington, August 18, 1892.
Mr. Secretary of State: I have the honor, in obedience to instructions received, to inform you that the Imperial Government has been gratified to see, by the memorandum of the Department of State, of the 31st of. May last, that the U. S. Government fully agrees with it touching the interpretation of Article iv, section 8, of the Samoa act, as [Page 646] was stated in the second part of that memorandum, and that the U. S. Government has consequently adhered to our interpretation of the clause in question, according to which the legality of purchases of land made prior to the conclusion of the Anglo-Samoan treaty of August 28, 1879, can not be contested on the ground that the Samoan sellers had no right to dispose of their property. The Royal British Government has, however, declared, in reply to an inquiry made by the Imperial Government, that it declines, for the present, to express an opinion concerning this legal question, and that it considers it advisable to await the decision of the chief justice. Under these circumstances, and joint action of the treaty powers brought to bear upon the chief justice, as suggested in the memorandum communicated by Mr. Wharton is impracticable. The Imperial Government would, however, be grateful if the views of the U. S. Government, as regards the provision in question of the Samoa act could be communicated to the American representative at Apia, so that he might conjointly with his German colleague, uphold those views as far as possible.
Hoping to be favored with a reply concerning the decision of the United States,
I avail myself, etc.,