No. 741.
Mr. Bayard
to Mr. Smith.
[Extract.]
Department
of State,
Washington, June 4,
1888.
No. 4.]Sir: I transmit herewith, for preservation on the
files of your legation, copy of a communication addressed directly to me,
under date of February 14 last, by the Hon. E. J. Barclay, secretary of
state of Liberia, claiming the intervention of the Government of the United
States pursuant to article 8 of their treaty of 1862 with Liberia, to punish
the indigenous African tribes which lately attacked certain American
missionaries at or near Half Cavalla. A copy of my reply to Mr. Barclay, of
even date herewith, is also transmitted for your files.
The original of my letter to Mr. Barclay, sealed and duly addressed, is
herewith inclosed, and you will deliver the same to Mr. Barclay without
comment, simply explaining that it has been received with your mail from the
Department of State.
As it is probable that Mr. Barclay will take an early occasion to speak to
you on the subject, it will be proper for you to familiarize yourself with
the whole matter, both by perusal of the correspondence herewith sent you
and by careful study of the papers on file in your legation relative to the
pending claims of France in the Half Cavalla region.
You will not fail to be impressed by the circumstance, which appears both in
Mr. Barclay’s letter and my reply, that, notwithstanding the notorious
insubordination, or perhaps, to speak more precisely, denial of Liberian
jurisdiction and authority on the part of the Half Cavalla tribe and the
admitted inability of the Government of the Republic to constrain these
aborigines to subjection or control, the Liberian Government took upon
itself to give express permission to Bishop Taylor and his coadjutors to the
end that they might ascend the Cavalla River, in order to open up mission
stations in the interior. This circumstance is significant, even apart from
the uncertainty which seems to cloud the Liberian claim to territorial
jurisdiction in the interior region back of the coast between Cape Palmas
and the San Pedro River. Even if (as Mr. Barclay appears to have assumed)
the Government of Liberia were the judge of the emergency requiring the
intervention of the Government of the United States to protect its own
citizens under article 8 of the treaty of 1862, an assumption which my reply
shows to be erroneous, it could hardly be deemed within the legitimate
bounds of Liberian discretion to provoke the issue by sending our citizens,
or encouraging them to go, into regions inhabited by aborigines over whom no
effective control is or has been exercised.
On general grounds of policy it is preferable that the consideration and
discussion of the points involved should be conducted from Washington,
[Page 1082]
and you will find it more
convenient to limit your association with the question to reporting to this
Department any phases thereof which may be brought to your attention, and
awaiting instructions.
I am, etc.,
Mr. Barclay to Mr.
Bayard.
Department of State,
Monrovia, February 14,
1888. (Received March 26.)
Sir: I have the honor by direction of the
President to bring to the notice of the Government of the United States
the following facts with reference to certain occurrences which have
recently taken place in the district of Half Cavalla, and parts
adjacent, near Cape Palmas, in this Republic, the inhabitants of which
district are now, and have been for months past, in a state of armed
rebellion against the authority of the Government of the Republic of
Liberia.
During the month of November or December last a company of missionaries
arrived at Cape Palmas from the United States, and in pursuance of a
permission given by this Government to Bishop William Taylor, of the
Methodist Episcopal Church of the United States, who is at present
engaged in important and extensive missionary work within the Republic,
commenced their journey up the Cavalla River for the purpose of
beginning the work to which they were assigned by Bishop Taylor, viz,
the opening of mission stations in the interior of the Republic.
At a certain distance up the said river their further progress was
arrested by a tribe in sympathy with the rebellious inhabitants of Half
Cavalla, and who in obedience to written orders and the instructions of
emissaries from the latter tribe, made prisoners of the said
missionaries, plundered them of their property to the amount of several
hundreds of dollars, and placed them in imminent risk of their lives,
which were only spared or saved by an unqualified submission to the
lawless demands of their captors, after which, stripped of all their
belongings, they were forced into their boats and compelled to return to
their point of departure, Cape Palmas.
This unfortunate occurrence, in the opinion of the President, amounts to
an emergency calling for the intervention or aid of the United States
under the eighth article of the treaty, in order that the perpetrators
of this cruel action upon the persons of unoffending missionaries may be
effectually punished for their misdeeds. The Government of the Republic
of Liberia, while proceeding to do all in its power to suppress the
outbreak at Half Cavalla, of which these outrages are the undoubted
consequences, is not able unaided to bring these offenders to justice
for this violent and unprovoked attack upon the persons and property of
peaceful American citizens.
I inclose herewith for the information of the Government of the United
States a copy of a proclamation recently issued by my Government as an
initiatory step towards its active efforts to suppress the
above-mentioned outbreak, and to disintegrate the combination that had
been formed against its authority. I have the honor to inclose also copy
of a dispatch of the 8th of June last, which this Department addressed
to Mr. Taylor in response to a request emanating from the officer
preceding him in the United States legation in this city, who desired to
be informed as to the particulars of the Half Cavalla affair, so that
said information might be duly communicated to his Government.
I have, etc.,
[Inclosure 2 in No. 4.]
Mr. Bayard to Mr.
Barclay.
Department of State,
Washington, June 4,
1888.
Sir: I have the honor to acknowledge the
receipt of your note of February 14, last. In this communication you
state that you are directed by the President of Liberia to bring to the
attention of the Government of the United States the following
facts:
In December last a band of American missionaries arrived at Cape Palmas,
in pursuance of permission given by the Government of Liberia to Bishop
William Taylor, of the Methodist Episcopal Church, with the intention of
ascending the Cavalla River in order to open up mission stations in the
interior. On proceeding a “certain distance “up that river, their
further progress was barred by one of the aboriginal savage tribes
acting in sympathy with and, as you state, under the order of the Half
Cavalla tribe, which is now, and for some time past has been, in
rebellion against
[Page 1083]
the
authority of the Government of Liberia. The missionaries were made
prisoners, plundered of their property, and then forced to their boats
and to descend the river to their point of departure, Cape Palmas.
You then proceed as follows: “This unfortunate occurrence, in the opinion
of the President, amounts to an emergency calling for the intervention
or aid of the United States, under the eighth article of the treaty, in
order that the perpetrators of this cruel action upon the persons of
unoffending missionaries may be effectually punished for their misdeeds.
The Government of the Republic of Liberia, while proceeding to do all in
its power to suppress the outbreak at Half Cavalla, of which these
outrages are the undoubted consequences, is not able to bring these
offenders to justice for their violent and unprovoked attack upon the
persons and property of peaceful American citizens.”
The Department has carefully considered the facts stated in your note and
the grounds of the requisition made on this Government to employ its
naval and military forces to punish the tribe which plundered the
American missionaries.
Article VIII of the treaty of 1862 with Liberia provides as follows:
“Should any United States citizens suffer loss in person or property
from violence by the aboriginal inhabitants, and the Government of the
Republic of Liberia should not be able to bring the aggressor to
justice, the United States Government engages, a requisition having been
first made therefor by the Liberian Government, to lend such aid as may
be required.”
This provision did not invest the Government of Liberia with the right to
originate its claim to call upon the United States for such aid “as
might be required “to overawe the hostile force of the aboriginal
inhabitants. The right and sole discretion to decide whether a case
exists, which is to put this article of the treaty in motion, resides in
the United States. Therefore, when a citizen of the United States shall
present a proper case to his own Government it will then be for it to
decide whether it will present the case to the Government of Liberia;
and if it shall then be informed that Liberia is powerless to execute
the demand so made upon her by the United States, then, and in such
event, Liberia may “make requisition” upon the United States “.to lend
such aid as may be required” to effect the object demanded by the United
States.
The locality of the outrage is also a matter of controlling importance.
It has been generally understood that the territory of Liberia extended
as far south as the San Pedro River, although that claim has been
questioned by the Government of France. But the interior boundary line,
especially of that portion of the Republic lying between Cape Palmas and
the San Pedro, has always been vague and uncertain, and the actual
authority exercised by the Republic over that territory even more so.
The original deeds to the colonists who formed the Liberian State of
Maryland do not define the interior limits so that they can now be
recognized on the map.
In the case now presented the missionaries are said to have advanced “a
certain distance up the said river” (Cavalla), but how far in the
interior the Department has at present no means of knowing; and as the
provision of the Article cited can only apply to “the aboriginal
inhabitants” dwelling within the bounds of the Republic, the Government
of the United States needs further light oh this point.
Regretting the delay in answering your note, which has only been due to
the time needed for the consideration of the important question raised
by it,
I have, etc.,
