Mr. Foster to Mr. Herbert.
Washington, October 11, 1892.
Sir: I have given attentive consideration to the project which I had the honor to receive with your note of the 4th of July last for an international declaration for the protection of natives in the islands of the Pacific Ocean by prohibiting the supply to them of arms, ammunition, explosive substances, and intoxicating liquors, and providing penalties for any infringement of such prohibition.
When this proposition was first brought to the attention of this Government by Mr. West’s note of August 11, 1884, my predecessor, Mr. Frelinghuysen, promptly responded, on the 22d of the same month, that “this Government looks with favor upon any humanitarian work, and would like more information as to the scope and form of the proposed agreement.” In this concurrence in principle I cheerfully acquiesce, and welcome with pleasure the opportunity now afforded to consider the formulated plan.
While the sentiments and convictions of this Government indorse [Page 321] the effective restriction of deleterious commerce with the native Pacific islanders, the method of giving expressions thereto is necessarily influenced by the disparity of policy and interests between the United States and the great European states in the Pacific Ocean. The disparity has become even greater since the present proposal was first put forth in 1884.
Nearly all of Polynesia has now passed under European jurisdiction. Were the United States a colonizing power, expanding its jurisdiction in the same way as the other great powers among the islands of the Western Pacific, question might legitimately arise as to the share of responsibility that properly should fall to us in the police control of those regions. As it is, the Government of the United States is without colonial interest of any kind in that quarter of the globe, and its administrative responsibilities are remotely confined to participation in the encouragement of good government and autonomy in the Samoan group. To the colonizing or protecting powers the question at issue becomes largely a matter of local municipal government; to the United States it is one of moral influence and cordial cooperation within the just limits of domestic and international rights. Although its responsibilities in the matter are not so great, this Government is none the less interested in the humanitarian purposes of the proposed convention, and I am happy to express, by direction of the President, his assent to its general scope, provided paragraph 5 be so amended, with respect to American citizens, at least, that they shall be handed over to the authorities of their own Government when arrested for offenses against the declaration. Were it thought to be strictly permissible under our system of government to confer criminal jurisdiction over American citizens upon alien magistrates and officers, in practice it would not be likely to meet with favor
He approves the suggestion of the seventh paragraph to designate Her Britannic Majesty’s high commissioner for the Western Pacific as a proper person to receive for the benefit of the contracting powers all fines, forfeitures, and pecuniary penalties arising under the declaration. But he does not approve of the suggestion of the second paragraph to except from the prohibition of the declaration sales of liquor, arms, etc., made under a special license of one of the contracting powers. Such a provision would destroy uniformity of action, and, he fears, might lead to abuses which would substantially defeat the object of the declaration. A slight verbal error is observed in the second division of the first paragraph, where the expression “the Republic of the United States of America” should be changed to read “the United States of America.”
It is proper that I should add that the character of the proposed declaration is such as to make its acceptance subject to the approval of the Senate, and in so far as any further legislation should be necessary in order to give it full effect, as contemplated in paragraph 11, contingent to that extent upon the future action of Congress. This Government will be glad to be advised in due time of the views upon this project of other governments whose adhesion to it has been solicited, and to give attentive consideration to the exact form which it is eventually proposed to have it take.
I have the honor to be, with the highest consideration, sir, your obedient servant,