Memorandum.
Washington, May 10, 1893.
In a note dated November 22, 1892, the Hon. John W. Foster, then Secretary of State, informed this legation that the United States Government agreed with the Imperial Government and with the Government of Great Britain that the opinion of the chief justice of Samoa with respect to the apportionment of the Samoan customs duties “was not rendered in the line of the duty of the court or in accordance with the terms of the treaty and that being extrajudicial it ought to be treated as a nullity.” It was further stated that “the Government of the United States would be pleased to join in any concurrent communication of this view to the chief justice or other officials of Samoa as might be deemed most expedient.”
These views have been duly transmitted to the foreign office at Berlin, and in reply thereto the Imperial Government, having previously obtained the consent of the Government of Great Britain, would now suggest that the treaty powers inform the chief justice of Samoa by [Page 673] telegraph that his opinion with regardto the apportionment of the customs revenues has not been accepted and, that he is instructed to consult with the three consuls of the treaty powers in order to bring about an understanding on the basis of the agreement of the three consuls, the particulars of which were related in this legation’s note addressed to the Hon. W. Q. Gresham under April 10, and especially in the annexed report of the Imperial German Consul, Mr. Biermann, of January 27, 1893.
The three consuls would furthermore have to be instructed accordingly. The British Government having already consented to such procedure this legation begs to be informed of the decision of the United States Government with regard to the proposed telegraphic instructions to the chief justice and to the United States consul at Apia.