Mr. Hay to Sir Julian Pauncefote.
Washington , January 10, 1899 .
Excellency: I have the honor to acknowledge the receipt of your note of the 9th instant, embodying the substance of a report from the German consul-general at Apia with reference to the election of a Samoan king. You add:
The consul-general recommends the issue of identic instructions to the consuls of the three treaty powers directing them to keep in view in all circumstances the preservation of peace, and, if necessary, to make joint proposals for the settlement of the political situation in case it should be found impossible to carry out the election of the new king in accordance with the provisions of the Berlin final act.
You say that the German Government has expressed its opinion that such instructions would tend to the preservation of peace and that Lord Salisbury has replied that the German proposal was concurred in by Her Majesty’s Government.
In a memorandum from the German charge d’affaires ad interim of December 14, 1898, substantially the same proposal was made and the views of this Government invited.
In my reply of January 10, 1899, I have said, regarding this proposition, that the consul-general of the United States at Apia was fully [Page 613] cognizant of the desire of his Government that peace and prosperity should prevail in Samoa. I added:
Acting under the general instructions given him, I am sure that Mr. Osborn will omit no reasonable opportunity to manifest his interest or to assist his colleagues in furthering so desirable an end, so far as this can properly be done.
If, however, by “joint proposals in the interest of the political situation”—since that is a broad and general designation as applied to the Samoan Islands or to any other sovereignty—is meant that Mr. Osborn should be instructed to join with his colleagues in matters touching the election of a king, I must say that this can not be assented to. The view of this Department on this subject are contained in its note of December 20, 1898, No. 164, and so far no reason is perceived making it necessary to depart therefrom. Moreover, the latest intelligence the Department possesses on this point is that, after fruitless attempts to elect a king according to Samoan laws and customs, the matter has been referred to the chief justice pursuant to Article III, section 6, of the Berlin general act, which says:
“In case any question shall hereafter arise in Samoa respecting the rightful election or appointment of king or of any other chief claiming authority over the islands, or respecting the validity of the powers which the king or any chief may claim in the exercise of his office, such question shall not lead to war, but shall be presented for decision to the chief justice of Samoa, who shall decide it in writing, conformably to the provisions of this act and to the laws and customs of Samoa not in conflict therewith; and the signatory Governments will accept and abide by such decision.”
In this connection I desire to refer to the Department’s note to you of July 18, 1898, No. 1094, wherein the views of this Government were expressed touching the election of a king.
In conclusion, I assure you that this Government is equally interested with that of Great Britain and Germany in seeing that peace is maintained in Samoa and that the election of a king shall proceed in accordance with the laws and customs of the country, or, in case of failure thereof, that the reference of the issues involved to the chief justice shall be had under the provisions of the Berlin final act. Further than this the Government of the United States does not feel that it would be justified in going, and, moreover, believes that any undue influence or assertion of authority on the part of the consular representatives at Apia would be violative of the treaty, and instead of composing the differences, if any, that exist at present in Samoa growing out of the efforts to elect a king, might aggravate them. It holds that the three Governments should maintain an absolutely impartial attitude, confining their efforts, through their respective consuls at Apia, to the maintenance of peace and good order and the protection of the lives and property of their nationals from any disturbances that might unfortunately arise during the efforts put forward by the various factions for the election of a king.
I have, etc.,