In instruction No. 381, Aug. 3, 1885, to Mr. Foster, then American minister at Madrid, Mr. Bayard, Secretary of State, referring to a complaint that an American trader had committed crimes against natives in his employ in the Island of Yap, suggested that if, as was reported, orders had been issued at Madrid to establish the effective jurisdiction of Spain over the Caroline Islands, the Spanish authorities, if it should be determined that they had jurisdiction, might cause the offender to be arrested and brought to the nearest court competent to try the case. (MS. Inst. Spain, XX. 79.) A copy of this instruction was enclosed by Mr. Bayard, Sept. 7, 1885, to Mr. Pendleton, then American minister at Berlin. (MS. Inst. Germany, XVI. 547.) XXXVIII. SWEDEN AND NORWAY. § 889. "Sweden is the only power in Europe, that, voluntarily, offered its friendship to the United States. Without being solicited, proposals were made for a treaty before the independence of the colonies was even recognized by Great Britain. A general authority was given to the commissioners abroad, Franklin, Adams, Jay and Laurens to conclude treaties of amity and commerce, but in the early part of the Revolution war, Congress did not direct applications specially to be made to any of the northern powers. And most of the other courts, to whom agents were sent, either refused to receive them, or contrived, under some pretext or other, to avoid all appearance of giving aid or countenance to the American Confederacy. This caution or indifference can not be matter of censure or surprise. Few European courts probably thought, at the commencement of the Revolution, that the colonies could prevail; few chose to take the risk of involving themselves in a maritime war with England. With the name of colonies, weakness and subjection were then naturally associated. "The conduct of Sweden was marked with frankness, and with a very friendly character. America could not expect much aid from that country, or suppose that her example could have a great deal of influence on other nations. But it was highly gratifying that a State renowned as Sweden always has been, for the bravery and love of independence of her people, should manifest a sympathy in the arduous struggles for liberty of a distant country. The proposal for a treaty was entirely unsought for on the part of Congress. The only account, we possess of the transaction, is in one of the letters of Dr. Franklin. The Swedish minister at Paris, the Count de Creutz, called on him towards the end of June 1782, by the direction of his sovereign, Gustavus II., to enquire if he was furnished with the necessary powers to conclude a treaty with Sweden. In the course of the conversation he remarked, that it was a pleasure to him to think, and he hoped it would be remembered, that Sweden was the first power in Europe, which had voluntarily offered its friendship to the United States without being solicited.' Dr. Franklin communicated the application of the Swedish envoy to Congress, and instructions were shortly after sent him to agree on a treaty. The treaty was concluded at Paris on the 3d April 1783, by Dr. Franklin with the Count Gustavus Philip de Creutz, and in its provisions it resembles others made, with the powers of Europe at that time. This is the only treaty we have with that country till 1816, but the most friendly relations have, however, been always maintained." 1 Lyman's Diplomacy of the United States, 147 et seq. It was held by the Attorney-General in 1819 that Article VI. of the treaty between the United States and Sweden of April 3, 1873, in relation to rights of inheritance, applied to personal property only and not to real estate. His opinion was formally transmitted to the Swedish government, and is not known ever to have been questioned. Wirt, At. Gen., July 30, 1819, 1 Op. 275; Mr. Wharton, Act. Sec. of State, to Mr. Stark, May 13, 1891, 181 MS. Dom. Let. 682. Article VI. of the treaty of 1783 was revived by Article XII. of the treaty of September 4, 1819, and again by Article XVII. of the treaty of July 4, 1827. (Mr. Wharton, Act. Sec. of State, to Mr. Stark, May 13, 1891, 181 MS. Dom. Let. 682.) It was also advised by Attorney-General Wirt, in the opinion above cited, that there was no power in the General Government to alter by treaty the laws of the several States with regard to the inheritance of real property, but this view has not been sustained by the courts. (Ibid.) President J. Q. Adams's message of February 6, 1828, communicating to the Senate a treaty of commerce and navigation between the United States and His Majesty the King of Sweden and Norway, concluded at Stockholm on July 4, 1827, and the ratifications of which were exchanged on January 18, 1828, is given in 6 Am. State Papers For. Rel. 829. As to the most-favored-nation clauses in this treaty, see supra, § 766. XXXIX. SWITZERLAND. $890. Article I. of the treaty of 1850, providing that citizens of the United States shall be at liberty to prosecute and defend their rights before courts of justice in Switzerland in the same manner as native citizens, gives the right to maintain an action against the government as such right is given to citizens of Switzerland. Lobsiger's Case, 5 C. Cls. 687. As to the right to take title to real estate under this treaty, see Hauenstein v. Lynham, 100 U. S. 483, 488; and supra, § 738. H. Doc. 551-vol 5-55 Article II. of the treaty of 1850, which stipulates that "no higher impost" shall be "exacted from the citizens of one of the two countries, residing" in the other," than shall be levied upon citizens of the country in which they reside, nor any contribution whatsoever to which the latter shall not be liable," applies to taxes on current premiums of insurance companies of the one country doing business in the other. Mr. Hay, Sec. of State, to governor of Alabama, March 9, 1899, 235 MS. XL. TAHITI. § 891. By a declaration signed at London, June 19, 1847, France and Great Britain agreed formally to recognize the independence “ of the islands of Huahine, Raitea, and Borabora, Leeward Islands of Tahiti, and the lesser islands dependent thereon." By a convention between Great Britain and France of November 16, 1887, as part of the settlement of the New Hebrides question, the declaration of 1847 was to be abrogated upon the withdrawal of the French military posts from the New Hebrides. This condition having been performed, the declaration of 1847 was formally terminated March 15, 1888; and on the 23rd of the same month the governor of Tahiti notified the acting United States consul and requested him to inform his Government that "all the islands composing the archipelago known as the Leeward Islands of Tahiti have now been placed under the full and entire sovereignty of France." The government of the United States did not in any way contest the annexation of the islands by France. Mr. Foster, Sec. of State, to Mr. Lyons, Nov. 23, 1892, 189 MS. Dom. Let. 248. The Queen of Tahiti, Pomare IV., by an instrument in writing dated July 26, 1839, gave to the United States certain land of which that Government, except for a short period, has since held undisputed possession, and which was used by the consular representative of the United States. Queen Pomare IV. lived till 1877, and there was nothing to show that after 1848 she had ever disputed the title of the United States to the land or laid any claim to it. (Mr. Cridler, Third Assist. Sec. of State, to Mrs. Salmon, Jan. 31, 1898, 225 MS. Dom. Let. 92.) XLI. TONGA. § 892. A treaty between the United States and the King of Tonga was concluded at Nukualofa, October 2, 1886. The ratifications were exchanged August 1, 1888, and the treaty was proclaimed on the 18th of the following September. The United States never made provision for the exercise of the extraterritorial rights secured by the treaty. By the convention between Germany and Great Britain, November 14, 1899, for the settlement of questions pending between them in regard to Samoa and certain other matters, Germany, among other things," renounces in favor of Great Britain all her rights over the Tonga Islands, including Vivau, and over Savage Island, including the right of establishing a naval station and coaling station, and the right of extraterritoriality in the said islands.” (For. Rel. 1899, 665; supra, § 110, I. 552-553.) In the tripartite treaty between the United States; Germany, and Great Britain, December 2, 1899, by which the Samoan Islands were divided between the United States and Germany, no mention is made of Tonga. See Mr. Hay, Sec. of State, to Lord Pauncefote, No. 1620, Nov. 29, 1899, XLII. URUGUAY. $ 893. Uruguay is the only independent country in America with which the United States has never had a treaty. For references to certain incidents in Uruguay see the General Index to the Published Volumes of the Diplomatic Correspondence and Foreign Relations of the United States, 1861-1899. See, also, For. Rel. 1900, 941. XLIII. VENEZUELA. § 894. The treaty of amity and commerce between the United States and Venezuela, concluded January 20, 1836, ceased, pursuant to a notice given by Venezuela, in accordance with its terms, to be effective on and after January 3, 1851. January 14, 1859, a convention was concluded for the settlement of the Aves Island claims. A treaty of amity, commerce, and extradition, concluded August 27, 1860, was terminated by Venezuela, by a notice given in conformity with its terms. Davis' Notes, Treaty Volume (1776-1887), 1402. As to controversies and claims conventions between the United States and Venezuela, see Moore, Int. Arbitrations, II. 1659–1724. XLIV. ZANZIBAR. $ 895. "The existing treaty being the one signed with Muscat in 1833, to which the then Sultan (father of the present Sultan of Zanzibar) was a party, has, since the separation of Zanzibar from Muscat, been accepted, confirmed and announced by the Sultan of Zanzibar as effective and to be observed by him." Should a new treaty be concluded, the opportunity might be taken "to secure for the consular officers of the United States in Zanzibar the rights, immunities, privileges and jurisdiction of the consuls of the most favored nation," although it was not doubted that the Sultan, in consideration of the friendship that had existed between the United States and Zanzibar, would voluntarily accord any and all such rights and privileges to American consular officers. Mr. Bayard, Sec. of State, to Mr. Cheney, consul at Zanzibar, No. 43, See, as to the relations of the United States to Zanzibar, Mr. Bayard, July 3, 1886, a treaty was concluded with the Sultan of Zanzibar in conformity with the foregoing instructions. It was approved by the Senate with two amendments. By the first there was stricken out, in the first line, Article II., after the word "consuls," the words" and consular agents." The effect of this was to limit the stipulated privileges to fully commissioned "consuls," by which term, however, was understood to be included a vice-consul, when acting as consul in the absence or incapacity of the consul. By the second amendment there were added, in line 4, Article II., after the word "shall," the words “in addition to the rights, powers, and immunities secured by said article," the purpose of the amendment being to make it clear that the American consuls in Zanzibar possessed specific as well as mostfavored-nation rights, powers, and immunities. Mr. Rives, Assist. Sec. of State, to Mr. Govea, No. 22, April 24, 1888, 125 “While Zanzibar was a part of the kingdom of Muscat, the probate and |