Mr. Olney to Mr. Bayard.
Washington, February 11, 1897.
Sir: I have to acknowledge the receipt of your No. 857, of the 30th ultimo, concerning the arrest of the two sailors belonging to the German war ship Falke by the police at Matafele, Samoa, and their subsequent release by order of the German consul contrary to law.
I have observed your note of complaint to Lord Salisbury upon the subject of the 12th ultimo and his reply of the 28th ultimo, to the effect that the municipal council at Apia had passed an ordinance intended to deal with the arrest and imprisonment of seamen belonging to foreign men-of-war in Samoan waters, and which ordinance Her Majesty’s consul and the consul of the United States at Apia were of opinion was too cumbersome. Consequently the matter had been referred to this city and to Berlin to ascertain the views of the Governments of the United States and Germany, which were awaited prior to issuing instructions to Mr. Cusack-Smith, pursuant to this Government’s request.
My instructions No. 1368, of December 22, 1896, acknowledged by your No. 857, would have shown you that Mr. Churchill, the (United States consul general at Apia, in his dispatch No. 21, of September 29, 1896, presented fully the subject of the proposed ordinance, which, was designated as the “the men-of-war’s men’s offenders ordinance.” It would also have shown you how the Department regarded the subject as disclosed in its instructions to Mr. Churchill, No. 37, of September 21, 1896, copies of both of which were transmitted to you on December 22, 1896. It was in view of the facts recited by Mr. Churchill and of the conclusions reached in the Department’s reply to him of December 21, 1896, that it directed you to say to the British Government that it was unable to find any warrant of law for the action of the German consul or the order of the president of the municipal council, and to suggest that Her Majesty’s Government adopt the necessary means to prevent the recurrence of such arbitrary and unlawful acts in the future.
A similar request was preferred to the German Government through your colleague at Berlin.
Since then, however, I have received Sir Julian Pauncefote’s note of December 30, 1896, being the one to which Lord Salisbury doubtless refers, and which was answered at length substantially in the sense of Mr. Rockhill’s instruction to .Mr. Churchill of December 21 last. Copies of the British ambassador’s note of December 30 and of my reply of the 16th ultimo were forwarded to you on January 19 by instruction No. 1387.
I doubt not that these have reached you and that you have again addressed Lord Salisbury upon the subject, making known to him fully the views of your Government. In case you have not I am persuaded to believe that Sir Julian Pauncefote has furnished his Government with a copy of my note. I trust, therefore, that Her Majesty’s Government will not longer hesitate to address suitable instructions to the British consul at Apia in accordance with the wish expressed in my No. 1368.
As of possible interest in this connection I inclose a copy of Mr. Uhl’s dispatch No. 239, of January 13, 1897, presenting the complaint to the German Government.
I am, sir, etc.,