File No. 1229.
The British Ambassador to the Acting Secretary of State.
Lenox, Mass., July 17, 1906.
Sir: As you are aware, Article I of the treaty between the United States and Great Britain signed by myself and the late Mr. Hay on February 25, 1905, provides that the renunciation by the United States of her extraterritorial rights in Zanzibar shall not take effect until the similar rights enjoyed there by other nations shall have been likewise renounced.
The only obstacle which since that date has prevented the attainment of this result has been the delay which has occurred in the formal surrender by Portugal of her extraterritorial rights.
When the Portuguese Government originally consented to abandon these rights, they hoped to obtain the necessary parliamentary sanction in June, 1905.
This hope not having been realized, representations were made by His Majesty’s minister deprecating further delay. The Portuguese consul at Zanzibar was accordingly instructed, in July, to suspend the exercise of his jurisdiction, which was transferred to the British court provisionally pending subsequent confirmation by the Cortes.
The latter was dissolved in February last without an opportunity having arisen to introduce the necessary bill. The new Cortes convoked last month having also been dissolved immediately after having assembled, nothing further can be done in the matter until the meeting of a fresh chamber in the autumn.
Great inconvenience is being caused to the Zanzibar Government by the long and unexpected delay which has occurred in obtaining the complete surrender of foreign jurisdiction.
I am therefore instructed by Sir Edward Grey to bring the above facts to the notice of your Government, and to inquire whether, in view of the fact that Portuguese jurisdiction has in practice been discontinued, while that of France and of Italy has already been definitely surrendered, the United States Government would also be willing to transfer their jurisdiction to the British court provisionally, pending the final renunciation of her rights by Portugal.
I am instructed to add that a similar request is being made by His Majesty’s Government to that of Germany.
I have, etc.,