611.62 m 31/27
The Ambassador in Great Britain (Kellogg) to the Secretary of
State
London, July 2,
1924.
[Received July 11.]
No. 537
Sir: In connection with my despatch No. 503, of
June 17, 1924,66 I have
the honor to enclose a copy, in triplicate, of a note from the Foreign
Office dated June 30, 1924, together with its enclosures, concerning the
subject in hand, namely the question of the discriminatory tariff
imposed by New Zealand on American goods in the British mandate
territory of Samoa. It appears that the Government of New Zealand would
be willing to accede to the request of the United States Government for
national treatment for its commerce and commercial vessels in Western
Samoa, provided that the United States Government on its part is willing
to give a specific assurance of its understanding that Article 3 of the
Convention of 1899 ensures to British commerce and commercial vessels
national treatment in that part of Samoa under United States
administration.
An examination of the full text of the note will show that this raises
the question of whether under our Coastwise Trading Act British ships
bound for the United States may call at Tutuila and carry goods and
passengers between that port and the United States under the same
condition as our coastwise ships. I have not had time to examine this
question but am sending the note on for your inspection.
I have [etc.]
[Enclosure]
Mr. G. R.
Warner of the American and African Department of
the British Foreign Office to the American Ambassador
(Kellogg)
London, June 30,
1924.
No. A3920/2287/45
Your Excellency: With reference to our
conversation on the 10th April last,67 I have the
honour to inform Your Excellency that His Majesty’s Government have
discussed with the Government of New Zealand the question dealt with
in previous correspondence ending with Mr. Harvey’s note No. 1071 of
the 20th [25th] October, 1923,66 with regard to the rights
claimed by the United States in Western Samoa under article 3 of the
Convention concluded at Washington on the 2nd December, 1899,
between the United Kingdom, Germany and the United States.
[Page 244]
- 2.
- You will observe that it is provided in the same article of
that convention that each of the three signatory powers shall
continue to enjoy in respect of their commerce and commercial
vessels in all the islands of the Samoan group privileges and
conditions equal to those enjoyed by the sovereign power in all
ports which may be open to the commerce of either of them. It
will be remembered that in 1911 the United States authorities
had exercised some discrimination against British ships trading
between Pago Pago and Leone in Tutuila. On that occasion
inquiries were made of your government, who stated that Leone
was not a port of entry; but in the course of the correspondence
which ensued the United States Government admitted that British
ships were entitled to the same treatment as United States and
German ships in this respect (in this connection I would refer
you to the note from the State Department to His Majesty’s
Ambassador at Washington of the 5th February, 1912, et
cetera69).
In the same year also a complaint was made by a British firm
that bills of health were being issued gratis by the United
States Consul at Apia to United States vessels trading between
Apia and Pago Pago, while a charge was made for similar bills of
health issued to British vessels trading on the same route. This
complaint being brought to the notice of the United States
Government, it was decided by the State Department in 1913 that
the exaction of fees from British vessels while United States
vessels were exempt was contrary to article 3 of the Convention
of 1899, and instructions were accordingly given for the
collection of such fees to be discontinued (see note from the
State Department to His Majesty’s Ambassador at Washington, 15th
October, 191369). The United States Government were thus, in
1913, of opinion that the convention prevented preference in
this respect being given to United States ships trading with
American Samoa.
- 3.
- The Government of New Zealand have also called my attention to
the fact that, owing to the operation of the United States
coast-wise laws, British ships trading from New Zealand to San
Francisco are no longer able to call at Honolulu and to carry
goods and passengers between that port and San Francisco.
Consequently, British ships can no longer call at Honolulu
except those on the Vancouver mail service. It is, therefore, a
matter of considerable importance to the Government of New
Zealand that British ships trading between New Zealand and the
United States should be able to call at Tutuila and, if
necessary, to carry goods and passengers between that port and
the United States under the same conditions as United States
ships.
- 4.
- In the circumstances the Government of New Zealand would be
willing to consider the request of the United States Government
for
[Page 245]
national treatment
for their commerce and commercial vessels in Western Samoa,
provided the United States Government on their part are willing
to give a specific assurance of their understanding that article
3 of the Convention of 1899 ensures to British commerce and
commercial vessels national treatment in that part of Samoa
under United States administration.
- 5.
- At the request of the Government of New Zealand, I have the
honour to append a communication received from them by His
Majesty’s Government stating their position in this
matter.
- 6.
- I beg leave further to refer you to your personal letter to me
of April 10th, giving the only case which you have been able to
trace of any case of discrimination against British vessels in
ports of Samoa under United States administration. In this
connection I have the honour to point out that the
discrimination of which complaint is made by His Majesty’s
Government is rather that involved by the extension to American
Samoa of the coast-wise laws restricting trade between United
States ports to vessels of United States registry, which was
provided for by section 21 of the United States Merchant Marine
Act of June 5th, 1920.70
- 7.
- With regard to the statement contained in the aide-memoire which you were so good as to
leave with me on April 10th last, to the effect that an Order in
Council of September 25th, 1923, admits the entry free of duty
into Western Samoa of German and Austrian goods, I have the
honour to enclose herein a copy of the Order in Council in
question, and of that of the 3rd September, 1923, which it
amended.71 You will observe that the Order in Council
of the 25th September only dispensed with the necessity for a
licence in respect of German and Austrian goods imported into
Western Samoa after April 1st, 1924, and did not provide for
their entry free of duty.
I have [etc.]
[Subenclosure—Telegram]
The Governor General of New
Zealand to the British Secretary of
State for the Colonies
- 1.
- The New Zealand Government acting by His Majesty’s delegation
as mandatory authority of Western Samoa regrets any apparent
delay in reply to the representation of the United States
Government on the subject of British preferential duties in
Western Samoa.
- 2.
- This Government had, however, believed that the United States
Government understood the points of difference and this
Government were awaiting an intimation from the United States
Government
[Page 246]
that the
Tripartite Treaty of 1899 prevented the United States from
restrictions upon British shipping in American Samoa.
- 3.
- The New Zealand Government has recognised that the question
whether obligations of Tripartite Treaty are still imposed on
Western Samoa, notwithstanding its transition from German
Sovereignty to mandatory authority, is one to be determined by
the Law Officers of the Crown in England and in deference to
their advice has not contended that it is free from those
obligations.
- 4.
- But this government has maintained that Tripartite Treaty is
equally binding upon the Government of American Samoa and
therefore that restrictions upon British shipping in American
Samoa are at least as inconsistent with Tripartite Treaty as are
the British preferential duties in Western Samoa.
- 5.
- If the Government of the United States definitely concede that
New Zealand ships and all British ships are entitled to carry
goods and passengers between American ports and ports of
American Samoa, and that British shipping will receive exactly
the same treatment in all other respects in such trade as
American ships, both in American Samoa and in United States
ports, then the New Zealand Government will reciprocally
legislate to place American imports in the same position as the
British imports in Western Samoa.
