Baron Ketteler to
Mr. Foster.
[Translation.]
Imperial German Legation,
Washington, October 15,
1892, (Received October 17.)
Sir: With reference to your notes of September
27 and of the 4th of this month, I have the honor, by direction of the
chancellor of the Empire, to inclose herewith for your information
copies of two communications addressed under date of the 13th ultimo by
her Britannic Majesty’s secretary of state for foreign affairs to the
Imperial German ambassador at London, informing him of the concurrent
intention of the British Government to refuse its assent to the proposed
ordinance of the chief justice of Samoa making the registration of land
titles held by foreigners in those islands conditional in each case on a
previous survey of the land, and imposing a special fee for such
registration.
I avail myself, etc.,
[Inclosure No. 1.]
Mr. Currie to
the German ambassador at
London.
Foreign Office,
London, September 13,
1892.
Mr. Ambassador: Her Majesty’s Government
have given their attentive consideration to your excellency’s note
of the 14th ultimo, stating the objections entertained by the German
Government to a fee for the registration of land titles which has
been imposed by the chief justice of Samoa under an ordinance
entitled the “real property ordinance, 1891,” and asking for the
views of Her Majesty’s Government upon the subject.
Her Majesty’s Government are advised by the law officers of the
Crown, to whom, your note was referred, that the issue of this
ordinance by the chief justice was ultra
vires, and they have instructed the British consul at Samoa
in this sense.
It seems desirable that a collective communication should be made by
the consuls of the three treaty powers to the chief justice, and Mr.
Cusack-Smith will be authorized to take part in it as soon as your
Government has arranged with the U. S. Government for the
cooperation of their consul.
I have, etc.,
(In the absence of the Earl of Roscbery.)
[Page 653]
[Inclosure No. 2.]
Mr. Currie to
the German ambassador at
London.
Foreign Office,
London, September 13,
1892.
Mr. Ambassador: With reference to my
previous note of this date, relative to the “real property
ordinance, 1891,” issued by the chief justice of Samoa, I have the
honor to acknowledge the receipt of your excellency’s communication
of the 3d instant respecting the proposed further action of the
chief justice in regard to the registration of land titles.
Your excellency states that Mr. de Cederkrantz contemplates making
the registration dependent in each case upon a preliminary survey to
he made at the cost of the party interested, and you explain the
reasons which lead the German Government to consider such a survey
to be unnecessary in itself, as well as calculated to entail
undesirable delay and to throw disproportionate expense on the
persons concerned. You add that they propose under these
circumstances to withhold their sanction from the measures, and to
instruct the German consul at Apia to that effect.
I have the honor to acquaint your excellency that Her Majesty’s
Government concur in these views, and that Her Majesty’s consul at
Apia will be instructed in a similar sense.
I have, etc.,
(In the absence of the Earl of Rosebery.)
