Mr. Sherman to Sir Julian Pauncefote.

No. 630.]

Excellency: I have the honor to acknowledge the receipt of an extract, which you personally left at the Department a few days ago, from the Marquis of Salisbury’s dispatch to Mr. Cusack-Smith, Her Majesty’s consul at Apia, dated February 12, 1897, touching the proposed ordinance for the disposal of members of crews of ships of war who offend against the municipal ordinances and regulations in Samoa, having reference to the one known briefly as “the men-of war’s men offenders ordinance.”

It is true that Mr. Olney discussed this subject fully in his note to you, No. 581, of January 16, 1897, and that Mr. Churchill, the consul-general of this Government at Apia, had previously, by instruction No. 37, of December 31, 1896, been made acquainted with the views of this Government respecting the ordinance and the incident that gave rise to it.

While the matter, after a full discussion with Mr. Churchill and yourself, was left to his discretion and judgment, yet it was generally intimated that the municipal regulations made pursuant to the general act of Berlin of June 14, 1889, were ample for all practical purposes. Still, because of the views held by the German Government upon this subject, in which Her Majesty’s Government is inclined to concur, I am disposed to believe that a happy solution of the matter may be effected, as Lord Salisbury suggests, “in consultation with the new chief justice, by the consuls of the three powers, who, being on the spot and well acquainted with local requirements, will be able to settle the questions in such manner as to avoid disputes, while at the same time securing the maintenance of order and the proper punishment of offenders.”

It will give me pleasure to cause Mr. Churchill to be given copies of the present correspondence and to see that Mr. Chambers, the newly nominated chief justice to Samoa, is promptly supplied by Mr. Churchill with copies of the Department’s recent instructions upon the subject, to the end that the chief justice may ascertain fully the views of this Government in the premises.

This Government will cheerfully assent to any conclusion that may be reached after such conference.

I have, etc.,

John Sherman.