Mr. Thomas to Mr. Blaine.

No. 60.]

Sir: I have the honor to acknowledge the receipt, on May 30, of your instruction No. 38 of May 15, stating that the United States, Germany, and Great Britain have failed to agree upon a chief justice of Samoa, and instructing me to request that he may be named by the King of Sweden and Norway, as provided in section 2 of article iii of the treaty of Berlin.

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I at once called upon Sir Francis Plunkett, the minister of Great Britain, and Baron Gaertner, the chargé d’affaires of Germany, and ascertained that they had received similar instructions from their respective governments.

By agreement, I called, in company with my colleagues, the next day upon Count Lewenhaupt, the minister of foreign affairs. We stated informally the matter of the reference and asked Count Lewenhaupt in what way we could formally proffer our request so as to be most acceptable to His Majesty.

Count Lewenhaupt suggested that the request should be made in separate but identical notes from the minister of each of the three signatory powers. He further stated that he had no doubt but that the King would grant the favor so requested, and that informal notice would be given each of us at the same time of the name of the proposed appointee, in order to learn whether there was any reasonable objection to his appointment.

Immediately after leaving the foreign office a conference was held by my colleagues and myself, at which an identical note was drawn up and agreed upon, conveying the request of each of the three signatory powers that His Majesty would graciously be pleased to name a chief justice of Samoa.

It was further agreed that each minister should send his note to the foreign office to-day, June 2.

I inclose herewith a copy of the identic note sent by me this day to the minister of foreign affairs.

As soon as I am notified of the name of the proposed chief justice I will send you the same by cable, together with such facts as I may be able to learn in regard to his acceptability, stated as briefly and concisely as possible.

Count Lewenhaupt considered that to communicate by mail with America would take too much time. I inferred, furthermore, from his remarks that a name would probably be proposed at an early day.

I also called upon Count Lewenhaupt alone, and in the course of a long and pleasant conversation stated to him the substance of the concluding paragraph of your instruction.

I am happy to inform you that the Count agreed fully that the appointment of a subject of His Majesty was the result naturally and logically to be expected in this case, adding that in the nature of things the King must be much better acquainted with the qualifications of his own subjects for such a position than His Majesty could possibly be with the qualifications of foreigners.

I believe it may be confidently anticipated that His Majesty will regard these views as wise and in harmony with the reference.

I have, etc.,

W. W. Thomas, Jr.
[Inclosure in No. 60.]

Mr. Thomas to Count Lewenhaupt.

Sir: I have the honor to inform Your Excellency that by a general act signed at Berlin, June 14, 1889, by the plenipotentiaries of the United. States, Germany, and Great Britain, in regard to the neutrality and autonomous government of the Sa-moan Islands, provision is made in article iii for the establishment of a supreme court for those islands and the appointment of a chief justice of Samoa.

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Section 2 of article iii states that “the chief justice shall be named by the three signatory powers in common accord; or, failing their agreement, he may be named by the King of Sweden and Norway.”

The three signatory powers having now decided to ask the King of Sweden and Norway to nominate a gentleman for this post, I am instructed to convey to Your Excellency the request of my Government that His Majesty will be graciously pleased to name a chief justice of Samoa.

While discharging the duty imposed on me by my Government, I avail myself, etc.,

W. W. Thomas, Jr.