Mr. Foster to Mr. von Holleben.
Washington, November 22, 1892.
Sir: With reference to Baron von Ketteler’s note of August 13 last, relative to an ordinance of the Samoan Government dated April 25, “regulating the collection and arrangement of the revenue of customs,” I have the honor to inform you that this Government has also received copies of this ordinance from the president of the municipal council, with the request that it would “order the necessary steps to be taken for the purpose of rendering applicable the provisions of said ordinance to the United States citizens living in Samoa.” The ordinance was apparently issued on account of the opinion of the chief justice given March 28 last, to the effect that the import and export duties in Samoa belong exclusively to the Samoan Government. Inasmuch as the three treaty powers are agreed that that opinion was extrajudicial and ought to be treated as a nullity, and as they will undoubtedly soon make some concurrent expression of that view to the proper Samoan officials, no further action with respect to the ordinance seems to be necessary at the present time.
Accept, etc.,