Mr. Foster to Baron Ketteler.
Washington, September 29, 1892.
Sir: I have the honor to acknowledge the receipt of your note of the 18th ultimo relative to the interpretation of section 8 of Article iv of the Berlin general act. You state that the British Government declines for the present to express an opinion regarding the correctness of the decision of the land commission to the effect that the validity 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 the property. You request that the previously expressed opinion of this Government concurring in this interpretation of the section may be communicated to the American representative at Apia, in order that he, together with his German colleague, may uphold that view so far as possible. The decision of the [Page 649] commission under the facts and circumstances of that particular case, or their decision in any other case to which they may apply a like rule, is according to the treaty subject to the revision and confirmation of the supreme court. As the question is purely a judicial one, in the absence of united action on the part of the three signatory powers, this Government feels constrained to refrain for the present from any further expression of opinion with respect thereto.
Accept, etc.,