611.62M31/96
The Chargé in the United Kingdom (Atherton) to the Secretary of State
No. 2242
London, June 5,
1936.
[Received June 13.]
Sir: I have the honor to refer to the
Department’s instruction No. 974 of September 26, 1935,2 on the subject of the New
Zealand mandated territory of Western Samoa, and in this connection
to forward a copy of a note from the Foreign Office, handed me today
in reply to the Embassy’s note No. 618 of August 16 [15], 1934,3 reference
to which was made in the Embassy’s despatch to the Department No.
895 of that same date.4
In handing me this note, the Assistant Secretary of State pointed out
that although His Majesty’s Government in the United Kingdom had
cognizance of the legal position on which His Majesty’s Government
in New Zealand had based their decision, the issue was one between
the American Government and His Majesty’s Government in New Zealand
and the Foreign Office undertook no more than to transmit the reply
which was handed to me.
Respectfully yours,
[Enclosure]
The British Secretary of State for Foreign
Affairs (Eden) to the American
Chargé (Atherton)
No. A4321/11/45
[London,] 3 June,
1936.
Sir: I have the honour, at the
instance of His Majesty’s Government in New Zealand, to invite
reference to a note, No. 618, which
[Page 853]
you were good enough to address to my
predecessor on the 16th [15th] August,
1934, in regard to the tariff régime in Western Samoa.
- 2.
- His Majesty’s Government in New Zealand have noted that,
in view of the passage by the United States Congress of a
Joint Resolution, No. 340, approved on the 14th June,
1934,5
the provisions of United States law restricting to vessels
of the United States the transportation of passengers and
merchandise directly or indirectly from any port of the
United States to another port of the United States are made
inapplicable to commerce between the Islands of American
Samoa, or between those Islands and other ports under the
jurisdiction of the United States Government. They have
noted also that it is the desire of the United States
Government that United States vessels and United States
commerce shall now be permitted to enjoy national treatment
throughout the Mandated Territory of Western Samoa, on the
basis of Article III of the Convention of the 2nd December,
1899, between the United States, Great Britain and
Germany,6 for the adjustment of questions
relating to Samoa.
- 3.
- Before reaching a decision in this matter, His Majesty’s
Government in New Zealand have most carefully considered it
in the light of its previous history. As the United States
Government are aware, the Merchant Marine Act was introduced
into Congress in November, 1919, and was passed on the 5th
June, 1920,7
applying the coastwise laws of the United States to the
islands, territories and possessions of the United States,
including American Samoa. On the other side, His Majesty’s
Government in New Zealand issued an Order in Council on the
20th April, 1920, instituting a preferential rate of duty on
goods of British origin imported into Western Samoa.
- 4.
- The above course of action on both sides amounted, in the
view of His Majesty’s Government in New Zealand, to a tacit
abrogation of Article III. In spite, however, of this mutual
disregard of the Article, His Majesty’s Government in New
Zealand expressed in 1924 their willingness to consider the
request of the United States Government for national
treatment for their commerce in Western Samoa, provided that
the United States Government, on their part, were willing to
give a specific assurance of their understanding that
Article III of the Convention ensured to British Commerce
and commercial vessels national treatment in that part of
Samoa under United States administration. A communication to
this effect was made to the United States Ambassador in a
note dated the 30th June, 1924, (A 3920/2287/45).8
- 5.
- No reply to this note was ever received, nor did the
United States Government make any further observations on
the matter until, after a lapse of ten years, you addressed
to my predecessor your note of the 15th August, 1934, under
reference, in which you drew attention to the offer made in
1924 by His Majesty’s Government in New Zealand. The New
Zealand Government feel sure, however, that the United
States Government will understand that that offer cannot be
regarded as remaining open indefinitely, and that, in view
of the time which has elapsed since it was made, the New
Zealand Government must regard it as having lapsed. During
the whole of this period, until the passage of the recent
Resolution, as the United States Government will realise,
Article III has been disregarded on both sides; the existing
tariff policy in Western Samoa has become an established
feature of the economy of the territory and it would not now
be possible to alter it in the sense desired by the United
States Government without causing great practical
inconvenience.
- 6.
- The resulting situation, as it appears to the New Zealand
Government, is that an offer made in 1924 to renew the
operation of a provision which was being disregarded by both
parties, was not accepted and has lapsed; and they think
that neither party can now claim from the other compliance
with the provision in question. In these circumstances, His
Majesty’s Government in New Zealand can only express their
regret that they are unable to afford national treatment to
United States vessels or goods in Western Samoa.
I have [etc.]
(For the Secretary of State)
R. L. Craigie
