No. 171.
Mr. Welsh
to Mr. Evarts.
Legation of
the United States,
London, March 29, 1878.
(Received April 11.)
No. 50.]
Sir: Referring to your No. 28, of the 26th ultimo,
I have the honor to inclose herewith copies of a correspondence between Lord
Derby and myself regarding the refusal of the British consul at Tamatave, in
the island of Madagascar, to entertain complaints of American citizens
against British subjects.
I have, &c.,
[Inclosure 1 in No. 50.]
Mr. Welsh to Lord
Derby.
Legation of the United States,
London, March 12,
1878.
My Lord: Mr. W. W. Robinson, the consul of the
United States in Tamatave, in the island of Madagascar, has represented
to the Department of State at Washington that Her Britannic Majesty’s
consul at Tamatave refuses to entertain complaints of American citizens
against British subjects. He adds that this refusal had either been
directed or sanctioned by Her Majesty’s Government. This policy must
necessarily conflict with the interests of citizens of the United
States, as it compels them to acquiesce in any injuries which may be
inflicted on them by British subjects. Although the number of Americans
in that place is not great and their causes of complaint against British
subjects must consequently be few, it is desirable that, when such
grievances arise, there should be a remedy for them through Her
Majesty’s consul.
I am therefore instructed to mention this subject to your lordship, and
to express a hope that, unless strong reasons should exist for
continuing the policy adverted to it [Page 258] may be revised and modified, so that United States
citizens may have their complaints heard with a view to their
redress.
Mr. Robinson says that he has never refused to listen to the complaints
of British subjects and will continue this practice. This course on his
part has hitherto been approved by the Department of State, and no
change in that respect will for the present be adopted, in the hope that
there may be a change in the disposition of the British consul on the
subject.
I have, &c.,
[Inclosure 2 in No. 50.]
Lord Derby to Mr.
Welsh.
Foreign
Office, March 27,
1878.
Sir: I have the honor to acknowledge the
receipt of your note of the 12th instant, in which you inform me that
the United States consul at Tamatave has represented to the United
States Government that Her Majesty’s consul at Tamatave refuses to
entertain complaints of American citizens against British subjects, and
you point out the inconvenience which is likely to arise from such a
course.
In reply, I have the honor to observe that if, as I assume, the complaint
of the United States consul refers to the refusal of Her Majesty’s
consul to hear complaints of a civil nature brought by citizens of the
United States against British subjects, the explanation seems to be that
the jurisdiction of the British consul is founded on the treaty between
Great Britain and Madagascar and Her Majesty’s order in council of the
4th of February, 1869, which was issued to carry the treaty into effect.
Under that order in council Her Majesty’s consul can only hear
complaints of a civil nature arising between British subjects, and that
is in all probability the reason why he declined the exercise of
jurisdiction in the case referred to.
Her Majesty’s Government, however, are prepared to consider the question
whether the powers of the British consul can be supplemented with a view
to meeting such cases, especially as I understand from your letter that
the United States consul in Madagascar entertains civil suits brought
against his nationals by British subjects.
I have, &c.,
