Mr. Olney to Mr. Uhl.

No. 256.]

Sir: I inclose a copy of a dispatch from the consul-general of the United States at Apia, No. 21, of September 29, 1896, and of the Department’s reply of the 21st instant, No. 37, in regard to two sailors belonging to the German war ship Falke, who were arrested by the police at Matafele, charged with being drunk and disorderly in the street and with willfully damaging private property. They were subsequently released by direction of the German consul, contrary to any provision of law to that end. It also appears that as early as January last the president of the municipal council at Apia instructed the chief of police that in case any sailors from the German war ships were arrested by the police they were to be released on bail upon a watch being sent ashore for them.

I am unable to find any warrant of law for the action of the German .consul or the order of the president of the municipal council. The inclosed correspondence will disclose the situation fully.

You are instructed to make proper representations upon the subject to the German Government, and to suggest the propriety of adopting the necessary means to prevent a recurrence of such arbitrary and unlawful acts in the future.

I am, sir, etc.,

Richard Olney.