Mr. Sherman to Sir Julian Pauncefote.

No. 614.]

Excellency: I have the honor to acknowledge the receipt of your note of the 9th instant, suggesting that the finances of the Samoan Government would be materially eased by the departure of the chief justice and by the consuls, or one of them, being deputed to act in his place until the arrival of Mr. Ide’s successor.

It is also desired to know when Mr. William Lea Chambers, named as Mr. Ide’s successor, is expected to take his departure.

Replying to this last inquiry, I may observe that recently your colleague, the German ambassador, preferred the same request, expressing the hope that it might be as early as possible.

On the 9th instant inquiry in this sense was made of Mr. Chambers. His reply is dated the 11th instant, a copy of which I inclose, and which discloses his purpose to sail from San Francisco for his post April 29, 1897, unless an earlier date be suggested by the treaty powers.

The Department realizes the necessity of an early departure on the part of Mr. Chambers, which has previously been suggested to him orally and in writing. That he appreciates the situation is shown by his letter. His departure will not, therefore, be delayed beyond the time actually necessary to make his personal arrangements for as long a journey and as extended a stay as is contemplated at Apia.

Attention is also invited to what Mr. Chambers has to say regarding the sum to be advanced to him before his departure by the three Governments in equal shares on account of traveling expenses for himself and family.

Mr. Chambers refers, as you will perceive, to the correspondence exchanged between yourself and Mr. Blaine on June 13 and 17, 1890, respectively, as to the general policy to be pursued in such cases.

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I desire to know the amount to be agreed upon, one-third of which will be borne by this Government. In the case of Mr. Ide the sum finally allowed to him was $2,500. If, however, after the sum shall be fixed, it should be thought more convenient to have this Government advance the whole sum from its available appropriation, it will do so and may be reimbursed by the Governments of Great Britain and Germany by the payment of their respective quotas.

I shall be glad to receive at your early convenience an expression of the views of Her Majesty’s Government upon this particular subject.

With reference to the suggestion that the consular body, or one of its members, perform the duties of chief justice, to enable Mr. Ide’s departure, in view of the condition of the Samoan finances, I can only say that, in consequence of Mr. Chambers’s expected early departure, it is not thought advisable to adopt the course you suggest even if it were permissible, under the provisions of the Samoan general act concluded at Berlin June 14, 1889, to follow that course.

I find, upon reference to that engagement, that Article III, section 2, declares that the powers of the chief justice, in case of a vacancy of that office from any cause, shall be exercised by the president of the municipal council until a successor shall be duly qualified and appointed. Again, section 3 of Article II says: “In either case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as hereinbefore provided”—that is, by the three signatory powers in common accord or, failing therein, by the King of Sweden and Norway.

Under these circumstances the Government of the United States can not assent to the suggestion of Her Majesty’s consul, as expressed by Lord Salisbury, that the functions of the chief justice be temporarily confided to the consular body or a single member thereof. The president of the municipal council is the only person authorized in a certain contingency to act temporarily as chief justice, and it is to be remembered that the consular body, because of the departure of Herr von Schmidt and the nonarrival of his successor, Dr. Raffel, so far as the Department is at present advised, is discharging the duties of the president of the municipal council.

This Department will do all that it can to hasten the departure of Mr. Chambers, who, with a realization of the situation, will make his arrangements accordingly.

I have, etc.,

John Sherman.