[Inclosure in No.
239.]
Mr. Uhl to
Baron von
Rotenhan.
Embassy of the United States,
Berlin
,
January 13, 1897
.
F. O. No. 155.]
The undersigned, ambassador of the United States of America,
acting under instructions from his Government, has the honor to
bring to the attention of His Excellency Baron von Rotenhan,
acting secretary of state for foreign affairs, an incident which
occurred in Samoa in June last, in which, as it has been
officially reported to the Government of the undersigned, it
appears that two sailors from the German warship Falke were arrested by the police at
Matafele charged with [Page 453]
being drunk and disorderly and with willfully damaging private
property; that the chief of police reported the case to the
local magistrate, Mr. William Cooper, by whom the amount of the
bail was fixed, and the chief of police instructed not to
release the prisoners unless the bail was deposited; that they
were shortly thereafter released by the direction and order of
the German consul, who did not confer with the magistrate, but
stated to the chief of police that he would assume all
responsibility in the premises; that no bail was furnished, and
the prisoners did not appear before the magistrate as ordered by
the court, and that the municipal magistrate strenuously
objected to this assumption of authority by the German consul,
in a communication addressed to the municipal council, insisting
that the order of the court had thereby been treated with
contempt, asserting that neither the municipal court nor its
magistrate were subject to the control or supervision of the
German consul, and pointing out that if the sailors of one
nationality were to be thus withdrawn from the jurisdiction of
the court, the sailors of other nationalities might with equal
right claim similar exemption. It is further reported that in
January, 1896, the president of the municipal council instructed
the chief of police that if any sailors from the German warships
were at any time arrested by the police they were to be released
on a watch being sent ashore for them.
In the judgment of the Government of the undersigned it is
beyond, question that the German consul exceeded his authority
in directing the release of the two sailors in question; and as
respects the president of the municipal council, although, as
the chief executive officer, he is in charge of the
administration of the laws and ordinances applicable to the
municipal district of Apia, he is not authorized or empowered to
order the release or discharge of persons who have been legally
placed in custody charged with an offense triable by a municipal
magistrate. It is rather the duty of the president to see that
the laws are faithfully executed. Under no circumstances should
he arbitrarily overrule the municipal regulations, set them at
naught, or assume functions clearly not within his province.
Such acts, besides being illegal, tend unnecessarily to create
ill feeling, discord, strife, and dissatisfaction, whereas the
letter and spirit of the general act are to conciliate all
differences and to restore peace and harmony. The chief aim of
the three Governments concerned, no less than the officers
appointed to execute its provisions, should be to administer the
laws impartially and compose all differences in the interest of
order and good government.
Touching this aspect of the case, the municipal magistrate, in
his communication to the municipal council, pertinently
observes:
If the responsible head of the municipal administration
himself sets the laws and ordinances at defiance, it can
not be expected that other persons will pay much respect
to them.
The undersigned is instructed, in bringing this subject to the
attention of the Imperial German Government, to suggest the
propriety of adopting the necessary measures to prevent the
recurrence of such arbitrary and unlawful acts in the
future.
The undersigned avails himself, etc.,
