Department will be glad to cable a summary of its position in the matter. You will please avail yourself of the first appropriate opportunity to take this matter up personally with the Secretary of State for Foreign Affairs pointing out that the action of the New Zealand Government is clearly in violation of Article III of the Convention of 1899, and that the government's action has resulted in serious loss to American commercial interests. You will also point out the very considerable period of time which has elapsed since this Government first instituted representations, and you will earnestly request that some arrangement may be promptly arrived at which will provide for United States goods being granted complete equality of treatment with British products as provided for in the Tripartite Convention. HUGHES 611.62 m 31/24: Telegram The Ambassador in Great Britain (Kellogg) to the Secretary of State LONDON, April 10, 1924—5 p. m. [Received April 10-2:25 p. m.] 123. Your 89, April 8, 3 p. m. I had a personal conference today with the Secretary of State for Foreign Affairs in relation to discriminatory tariff imposed by New Zealand. I explained to him provisions of tripartite convention of 1899 which is still in force, also that the imposition of this tariff was in violation of the principle of mandated German territory which had been conceded by Japan, France, Belgium and by the British Government in exchange of communications in reference to Central African treaty. He said he would take the matter up and insist on an adjustment at an early date; that while he was not familiar with the details occurring during previous administrations he thought delay was due largely to having to deal with colonial governments and the imperial conference which took place last autumn; that he understood that New Zealand claimed some discrimination by the United States in the imposition of port duties against British ships in Samoa. I informed him that I had no knowledge of such discrimination unless it was the collection of fees for issuing consular bills of health for ships clearing from Apia to Pago Pago which were subsequently refunded as not being in accordance with the treaty of 1899. (See enclosures to Department's instruction No. 833 [883], August 18th, 1920, report of Mason Mitchell, Consul.) Definitely promised early action. Will keep Department advised. 65 611.62 m 31/27 The Ambassador in Great Britain (Kellogg) to the Secretary of State No. 537 LONDON, July 2, 1924. 66 SIR: In connection with my despatch No. 503, of June 17, 1924, I have the honor to enclose a copy, in triplicate, of a note from the Foreign Office dated June 30, 1924, together with its enclosures, concerning the subject in hand, namely the question of the discriminatory tariff imposed by New Zealand on American goods in the British mandate territory of Samoa. It appears that the Government of New Zealand would be willing to accede to the request of the United States Government for national treatment for its commerce and commercial vessels in Western Samoa, provided that the United States Government on its part is willing to give a specific assurance of its understanding that Article 3 of the Convention of 1899 ensures to British commerce and commercial vessels national treatment in that part of Samoa under United States administration. An examination of the full text of the note will show that this raises the question of whether under our Coastwise Trading Act British ships bound for the United States may call at Tutuila and carry goods and passengers between that port and the United States under the same condition as our coastwise ships. I have not had time to examine this question but am sending the note on for your inspection. I have [etc.] [Enclosure] FRANK B. KELLOGG Mr. G. R. Warner of the American and African Department of the British Foreign Office to the American Ambassador (Kellogg) No. A3920/2287/45 67 LONDON, June 30, 1924. YOUR EXCELLENCY: With reference to our conversation on the 10th April last, I have the honour to inform Your Excellency that His Majesty's Government have discussed with the Government of New Zealand the question dealt with in previous correspondence ending with Mr. Harvey's note No. 1071 of the 20th [25th] October, 1923,66 68 with regard to the rights claimed by the United States in Western Samoa under article 3 of the Convention concluded at Washington on the 2nd December, 1899, between the United Kingdom, Germany and the United States. "Not printed. See telegram no. 123, April 10, from the Ambassador in Great Britain, p. 242. 10884-Vol. II-39-22 2. You will observe that it is provided in the same article of that convention that each of the three signatory powers shall continue to enjoy in respect of their commerce and commercial vessels in all the islands of the Samoan group privileges and conditions equal to those enjoyed by the sovereign power in all ports which may be open to the commerce of either of them. It will be remembered that in 1911 the United States authorities had exercised some discrimination against British ships trading between Pago Pago and Leone in Tutuila. On that occasion inquiries were made of your government, who stated that Leone was not a port of entry; but in the course of the correspondence which ensued the United States Government admitted that British ships were entitled to the same treatment as United States and German ships in this respect (in this connection I would refer you to the note from the State Department to His Majesty's Ambassador at Washington of the 5th February, 1912, et cetera 9). In the same year also a complaint was made by a British firm that bills of health were being issued gratis by the United States Consul at Apia to United States vessels trading between Apia and Pago Pago, while a charge was made for similar bills of health issued to British vessels trading on the same route. This complaint being brought to the notice of the United States Government, it was decided by the State Department in 1913 that the exaction of fees from British vessels while United States vessels were exempt was contrary to article 3 of the Convention of 1899, and instructions were accordingly given for the collection of such fees to be discontinued (see note from the State Department to His Majesty's Ambassador at Washington, 15th October, 1913 6). The United States Government were thus, in 1913, of opinion that the convention prevented preference in this respect being given to United States ships trading with American Samoa. 3. The Government of New Zealand have also called my attention to the fact that, owing to the operation of the United States coast-wise laws, British ships trading from New Zealand to San Francisco are no longer able to call at Honolulu and to carry goods and passengers between that port and San Francisco. Consequently, British ships can no longer call at Honolulu except those on the Vancouver mail service. It is, therefore, a matter of considerable importance to the Government of New Zealand that British ships trading between New Zealand and the United States should be able to call at Tutuila and, if necessary, to carry goods and passengers between that port and the United States under the same conditions as United States ships. 4. In the circumstances the Government of New Zealand would be willing to consider the request of the United States Government for Not printed. national treatment for their commerce and commercial vessels in Western Samoa, provided the United States Government on their part are willing to give a specific assurance of their understanding that article 3 of the Convention of 1899 ensures to British commerce and commercial vessels national treatment in that part of Samoa under United States administration. 5. At the request of the Government of New Zealand, I have the honour to append a communication received from them by His Majesty's Government stating their position in this matter. 6. I beg leave further to refer you to your personal letter to me of April 10th, giving the only case which you have been able to trace of any case of discrimination against British vessels in ports of Samoa under United States administration. In this connection I have the honour to point out that the discrimination of which complaint is made by His Majesty's Government is rather that involved by the extension to American Samoa of the coast-wise laws restricting trade between United States ports to vessels of United States registry, which was provided for by section 21 of the United States Merchant Marine Act of June 5th, 1920.70 7. With regard to the statement contained in the aide-memoire which you were so good as to leave with me on April 10th last, to the effect that an Order in Council of September 25th, 1923, admits the entry free of duty into Western Samoa of German and Austrian goods, I have the honour to enclose herein a copy of the Order in Council in question, and of that of the 3rd September, 1923, which it amended."1 You will observe that the Order in Council of the 25th September only dispensed with the necessity for a licence in respect of German and Austrian goods imported into Western Samoa after April 1st, 1924, and did not provide for their entry free of duty. I have [etc.] [Subenclosure-Telegram] G. R. WARNER The Governor General of New Zealand to the British Secretary of State for the Colonies 1. The New Zealand Government acting by His Majesty's delegation as mandatory authority of Western Samoa regrets any apparent delay in reply to the representation of the United States Government on the subject of British preferential duties in Western Samoa. 2. This Government had, however, believed that the United States Government understood the points of difference and this Government were awaiting an intimation from the United States Govern ment that the Tripartite Treaty of 1899 prevented the United States from restrictions upon British shipping in American Samoa. 3. The New Zealand Government has recognised that the question whether obligations of Tripartite Treaty are still imposed on Western Samoa, notwithstanding its transition from German Sovereignty to mandatory authority, is one to be determined by the Law Officers of the Crown in England and in deference to their advice has not contended that it is free from those obligations. 4. But this government has maintained that Tripartite Treaty is equally binding upon the Government of American Samoa and therefore that restrictions upon British shipping in American Samoa are at least as inconsistent with Tripartite Treaty as are the British preferential duties in Western Samoa. 5. If the Government of the United States definitely concede that New Zealand ships and all British ships are entitled to carry goods and passengers between American ports and ports of American Samoa, and that British shipping will receive exactly the same treatment in all other respects in such trade as American ships, both in American Samoa and in United States ports, then the New Zealand Government will reciprocally legislate to place American imports in the same position as the British imports in Western Samoa. ANNOUNCEMENT BY THE BRITISH GOVERNMENT OF THE DECISION TO ACCREDIT A MINISTER TO REPRESENT IN THE UNITED STATES THE INTERESTS OF THE IRISH FREE STATE 701.4111/487 The British Ambassador (Howard) to the Secretary of State No. 564 WASHINGTON, June 24, 1924. SIR: Under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, I have the honour to inform you that His Majesty's Government have come to the conclusion that it is desirable that the handling of matters at Washington exclusively relating to the Irish Free State should be confided to a Minister Plenipotentiary accredited to the United States Government. Such a minister would be accredited by His Majesty The King to the President of the United States and he would be furnished with credentials which would enable him to take charge of all affairs relating only to the Irish Free State. He would be the ordinary channel of communication with the United States Government on these matters. Matters which are of Imperial concern or which affect other Dominions of the Commonwealth in common with the Irish Free State will continue to be handled as heretofore by this Embassy. |