611.62M31/80a
The Secretary of State to the Ambassador in Great Britain (Bingham)
Sir: Reference is made to the Embassy’s despatch No. 537 of July 2, 1924,2 with which was enclosed a note from the Foreign Office dated June 30, 1924, and numbered A 3920/2287/45.
These communications dealt with the action of New Zealand in denying to American commerce in Western Samoa “privileges and conditions equal to those enjoyed by the sovereign Power”, as required by Article III of the convention of December 2, 1899, between the United States, Great Britain and Germany.3
The position of New Zealand, as mandatory under the League of Nations of the former German Samoa, was substantially that, inasmuch as the United States, as a result of Section 21 of the Merchant Marine Act, 1920,4 was denying to British commercial vessels “privileges and conditions equal to those enjoyed by the sovereign power” in American Samoa, the action of New Zealand did not constitute a greater violation of the convention than did the action of the United States.
By Section 21 of the Merchant Marine Act of 1920 the coastwise shipping laws of the United States were extended to the island territories and possessions of the United States not at that time covered thereby, which included American Samoa, and thus British ships were excluded from participating in the trade among the American ports of the islands and the trade of these ports with other American ports. Ever since the time of the above-mentioned correspondence with the British Foreign Office, it has been the policy and earnest effort of the Department to obtain the amendment of the provisions of law by [Page 1004] which the coastwise laws were extended to American Samoa. Finally, by a joint resolution approved June 14, 1934, an amendment was effected. Two copies of the joint resolution are enclosed.5
The note of the British Foreign Office, already referred to, after discussing various phases of the situation, contains the following statement:
“In the circumstances the Government of New Zealand would be willing to consider the request of the United States Government for 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 the 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.”
In view of the joint resolution of June 14, 1934, this Government is now in a position to give a specific assurance of its understanding that Article III of the convention of 1899 assures to British commerce and commercial vessels national treatment in that part of the Samoan Islands which is under the administration of the United States.
Accordingly, it is desired that you approach the British Government and request that, under the circumstances, New Zealand should give similar assurances that, henceforth, the commerce and commercial vessels of the United States will receive national treatment throughout the mandated territory of Western Samoa.
You may wish to address a note to, or leave a memorandum with, the Foreign Office, substantially as follows:
“The Government of the United States recalls Mr. Warner’s note of June 30, 1924 (A 3920/2287/45), in regard to the tariff regime in operation in the mandated territory of Western Samoa. This note was in response to representations made by the Government of the United States concerning particularly the application of the tariff laws of New Zealand in Western Samoa, which resulted in the denial, so far as the commerce and commercial vessels of the United States were concerned, of privileges and conditions equal to those enjoyed by New Zealand, as contemplated by Article III of the convention of December 2, 1899, between the United States, Great Britain and Germany, which has continued in force, and governs the relations between the United States and the mandated area. From the note under reference, it is understood that the Government of New Zealand takes the position that if the Government of the United States will accord to the ships and commerce of the British Commonwealth of Nations the treatment in American Samoa which is applicable to the commerce and vessels of the United States, that is to say, the treatment which British vessels enjoyed prior to the enactment of the Merchant Marine Act, 1920, Section 21 of which effected the extension of the coastwise [Page 1005] shipping laws of the United States to American Samoa, American vessels and American commerce will be permitted to enjoy national treatment throughout the mandated territory of Western Samoa.
“The Government of the United States is now in a position to inform the Government of New Zealand that the provisions of law referred to have been amended so that they are no longer applicable to commerce between the islands of American Samoa or between those islands and other ports under the jurisdiction of the United States; and also to give specific assurance of its understanding that Article III of the convention of 1899 ensures to British commerce and commercial vessels national treatment in that part of Samoa under the administration of the United States.
“It is hoped that this situation may be brought to the attention of the appropriate New Zealand authorities so that the regime of the Open Door, contemplated by the convention of 1899, may be restored in Western Samoa.”
The Department considers this matter to be one of importance and requests that you give particular attention to arranging, with such promptness as may be practicable, for the necessary action on the part of the British and New Zealand Governments. For your information, it should be added that the Department considers agreement in regard to this matter as the essential first step toward a convention between the United States and New Zealand which will provide recognition of the mandate by the United States and guaranties to the United States such as have been accorded in treaties with the mandatory powers controlling other areas mandated under the League of Nations. It is also hoped that this matter may be successfully arranged prior to the negotiations which may possibly take place for a trade agreement between the United States and New Zealand under the provisions of the Tariff Reciprocity Act of June 12, 1934.6
A copy of this instruction is being sent to the American Consul General at Wellington for his information and for a report in regard to the situation there.
Very truly yours,
- Ibid., 1924, vol. ii, p. 243.↩
- Ibid., 1899, p. 667.↩
- 41 Stat. 988.↩
- 48 Stat. 963.↩
- 48 Stat. 943.↩