File No. 882.51/504.

The American Chargé d’Affaires to the Secretary of State.

No. 66.]

Sir: In confirmation of my cable to the Department dated November 28, 8 a.m.,1 concerning the attempt of Mr. Lange to exercise the functions of Receiver of Customs and at the same time continue to act as German Consul, I have the honor to make the following report.

On November 27 the General Receiver, Mr. Reed Paige Clark, issued a formal notice to all the Receivers that the first official session of the Receivership would be held on November 28 at 10 a.m. At the appointed time all three Receivers met the General Receiver at the office of the Receivership. I am informed by Mr. Clark that he, as General Receiver, read a formal notice opening the meeting, and declared that from this date, November 28, the Receivers had entered upon the active performance of their duties under the Refunding Loan Agreement, and asked if the Receivership should proceed to business. At this juncture Mr. Sharpe, English Receiver, and Mr. Wolf, French Receiver, inquired whether or not the General Receiver and each Receiver was present solely in his capacity as Receivers [sic]. A poll of the Receivership brought out the fact that Mr. Lange was still exercising the functions of German Consul and retained his [Page 695] position as German Vice Consul under an exequatur granted by the Liberian Government. It was then suggested by the General Receiver that the Receivership might consider purely formal questions and leave all matters of reorganization to a future meeting. Mr. Sharpe, English Receiver, asked what formal business the General Receiver purposed taking up at this meeting. The General Receiver stated his program and by mutual consent the meeting proceeded in accord with that program.

I have been reliably informed that both the English and French Receivers had asserted their intention to leave the meeting if it developed after its opening that the German Receiver still retained his consular functions. This break was probably avoided by the General Receiver keeping the meeting purely formal in its nature.

I am further informed that the English and French Receivers were acting under instructions from their respective Governments, and that the Liberian Government had been advised by the British and French consular officers here of the position of their Governments with respect to this matter, sometime before the first meeting of the Receivership was called.

Immediately after the meeting Mr. Reed Paige Clark, General Receiver, officially advised the Liberian Government of the meeting and of the presence of all the Receivers. (See inclosure No. 1.) Upon receipt of this information the Liberian Government transmitted a despatch to Mr. Lange in which it pointed out the failure of Mr. Lange to comply with the conditions of the understanding between the Imperial German Government and the Government of Liberia with respect to his relinquishing his consular functions, and advised him that in view of what had transpired the Liberian Government would be constrained to regard him as having surrendered his consular functions from that day, November 28. Inclosure No. 2 gives the complete text of the Liberian Government’s despatch.

As defining his position with respect to this matter, Mr. Lange had filed a communication on November 28 with the Liberian Government in which he stated “that after the Receivership had been called together this a.m. I am sending my resignation as imperial German Vice Consul to my Government. The Imperial German Consul Freiheer von Grote will, as your Government has already been informed, arrive on the 8th of December and until that time I can not give up to act, as I was ordered by my Government, as Imperial German Consul.” (See inclosure No. 3.) The Liberian Government regarded this statement as totally unsatisfactory and proceeded without any reference to it to forward Mr. Lange the communication referred to above as inclosure No. 2.

Inclosure No. 4 is a copy of Mr. Lange’s second communication to the Liberian Government dated November 28, 1912, with respect to the exercise by him of the dual functions of Receiver and Consular Officer. In this communication Mr. Lange states that he has not received any orders from his Government with respect to relinquishing his consular position and interprets the Liberian Government’s despatch (inclosure No. 2) to mean that he will not be recognized any longer as Acting Imperial German Consul. It is interesting to note that in inclosure No. 3 Mr. Lange has signed himself as Receiver of Customs, Republic of Liberia, and in inclosure No. 4 he has signed himself as Acting Imperial German Consul.

[Page 696]

With this evidence in hand it can not be doubted that Mr. Lange intended to retain his functions as Consular Officer while performing his duties as German Receiver of Customs. This, of course, the Liberian Government regarded as a complete violation of the understanding and proceeded to take the action referred to above (inclosure No. 2) as that measure of self-defense which the situation seemed to require.

I am [etc.]

Richard C. Bundy.
[Inclosure 1.]

The General Receiver of Customs to the President of Liberia.

Mr. President: I have the honor to inform Your Excellency that, in response to a formal call issued by the General Receiver yesterday, there was a full meeting of the Liberian Customs Receivership at 10 o’clock this morning and, by mutual consent, the three Receivers, Messrs. Lange, Wolf, and Sharpe, entered upon the active performance of their duties as Receivers of Customs.

Only formal business was transacted at to-day’s meeting, which adjourned, after an harmonious session, at 11.30. Regular meetings will be held daily hereafter. I consider that the Liberian Customs Receivership is now fully constituted.

I have [etc.]

Reed Paige Clark.
[Inclosure 2.]

The Secretary of State of Liberia to the Acting Imperial German Consul at Monrovia.

No. 617.]

Sir: I am directed by His Excellency the President to say that in view of the fact that the Liberian Government has ascertained that you were present at a meeting of the General Receiver and Receivers of Customs this morning, in response to a formal notice issued by the General Receiver for the purpose of convening all of the Receivers at their first official session, it has become necessary for the Liberian Government to point out that it is compelled to regard your presence at the aforementioned meeting as an assumption on your part of the official duties of German Receiver of Customs under the Refunding Loan Agreement.

In consonance, therefore, with the understanding between the Imperial German Government and the Government of Liberia to the effect that you would relinquish your position as Imperial German Vice Consul on or before your assumption of the duties of Receiver the Liberian Government is constrained to regard you as having surrendered your Consular functions from to-day.

I have [etc.]

C. D. B. King.

Gustav Lange, Esq.,
Acting Imperial German Consul, Monrovia.

[Inclosure 3.]

The German Receiver of Customs to the Acting Secretary of State of Liberia.

Sir: I have the honor to inform your Government that after the Receivership has [sic] been called together this a.m. I am sending my resignation as Imperial German Vice Consul to my Government.

[Page 697]

The Imperial German Consul Freiheer von Grote will, as your Government is already informed, arrive on the 8th of December and until that time I can not give up to act, as I was ordered by my Government, as Imperial German Consul.

I beg to express the hope that my explanation will be in accordance with the views of your Government.

I have [etc.]

Lange,
Receiver of Customs, R. L.

The Hon. Joseph J. Sharp,
Acting Secretary of State, Monrovia.

[Inclosure 4.]

The Acting Imperial German Consul at Monrovia to the Secretary of State of Liberia.

Sir: I beg to refer to my despatch as Receiver to the Hon. Acting Secretary of State of this a.m. and at the same time I acknowledge the receipt of your despatch No. 618 [617] and noted that according the [sic] understanding between the Imperial German Government and your Government I had to relinquish my position as Imperial German Vice Consul on or before my assumption of the duties as Receiver and that therefore your Government is constrained to regard me as having surrendered my Consular functions from to-day.

In reply I beg to say that I have not yet received any such orders of my Government, but that I understand that your Government does not recognize me from to-day as Acting Imperial German Consul. Of the decision of your Government I have informed my Government.

I have [etc.]

Lange,
Acting Imperial German Consul.

The Hon. C. D. B. King,
Secretary of State, Monrovia.

  1. Not printed.