shall enjoy in the territories of the other exemption from all transit duties, and a perfect equality of treatment with native citizens or subjects in all that relates to warehousing, bounties, facilities, and drawbacks." It was also declared to be "distinctly antagonistic to the spirit if not the letter" of Article II. of the same treaty, in that it impaired "reciprocal freedom of commerce and navigation between the territories of the two parties," and prevented citizens of the United States from enjoying the same treatment in matters of commerce as citizens or subjects of Japan. The United States adverted to the fact that the treaty of November 22, 1894, was not to go into effect till July 17, 1899, but intimated that, although the precise rights under it might not be invoked before that date, an injury might in the mean time be done which would render some of its most important provisions nugatory and which might be considered a "repudiatory act." a

The Japanese government, while suggesting that the bounty would be limited to the highest grades of silk, and consequently to a comparatively small quantity, and that, as "penalties must necessarily form a part of the law," it was necessary to limit its operation to Japanese subjects, so long as consular jurisdiction lasted; nevertheless admitted that it would, after July 17, 1899, when the new treaties should come into effect and consular jurisdiction end, be necessary to apply it to the citizens and subjects of treaty powers and to Japanese subjects alike."

The United States considered this reply as an admission that the law would establish till July 17, 1899, "a differential treatment adverse to foreigners; " and, as to the obstacle of consular jurisdiction to the extension of the law to foreigners, observed that, as the bounty was to be paid only upon a governmental examination of the origin, weight, and fineness of the silk, the whole matter appeared to be within the effective control of the government.c

The law went into effect according to its terms; but immediately afterwards, on the assembling of the Diet, a bill was introduced for its repeal. This bill was passed May 23, 1898. It received the imperial sanction on May 25, and was thereupon promulgated, to take effect immediately.

a Mr. Sherman, Sec. of State, to Mr. Hoshi, Japanese min., June 2, 1897; Mr. Sherman, Sec. of State, to Mr. Buck, min. to Japan, June 2, 1897: For. Rel. 1898, 441–444.

Mr. Hoshi, Japanese min., to Mr. Sherman, Sec. of State, June 4, 1897, For. Rel. 1898, 444.

e Mr. Day, Act. Sec. of State, to Mr. Buck, min. to Japan, June 10, 1897, For. Rel. 1898, 446.

d For. Rel. 1898, 447-449.

The provisions in Japan's new treaties conferring upon aliens the right to purchase land in that country are held by the Japanese government to be inapplicable to the exclusive Japanese settlements in Corea.

For. Rel. 1900, 769.

"I have to acknowledge the receipt of your letter of the 15th instant, inquiring whether there is a treaty between the United States and Japan whereby the United States is to control the immigration of Japanese into Hawaii after 1899.

"In reply I have to inform you that there is no such treaty. The convention you have in mind is probably that between the United States and Japan signed at Washington on November 22, 1894, which takes effect on July 17, 1899. By Article I. of that convention the subjects of Japan are given full liberty to enter, travel or reside in any part of the territories of the United States."

Mr. Day, Assist. Sec. of State, to Mr. Sasse, April 21, 1898, 227 MS. Dom.
Let. 499.

XXIV. LIBERIA.

1. DECLARATIONS OF AMERICAN POLICY.

$ 852.

Early in the nineteenth century a society, called the American Colonization Society, was organized by benevolent individuals from various parts of the United States for the purpose of promoting and executing a plan for colonizing, with their consent, the free people of color, residing in the United States, in Africa or such other place as Congress should deem expedient; and to this end the society was to cooperate with the general government and with such of the States as might adopt regulations on the subject. The society was later incorporated by an act of the legislature of Maryland. The first purchase of land in Africa was made by the society's agent, Dr. Ely Ayres, aided by Captain Robert F. Stockton, of the U. S. S. Alligator, in December, 1821, and a colony, formed of a few colored emigrants from the United States, was founded at Cape Mountserado, in July 1822. The government of the United States also sent thither recaptured Africans, under the provisions of the act of Congress of March 3. 1819. At the beginning of 1824, disaffection and insubordination in the colony had attained such a growth that the managers of the American Colonization Society solicited from the government of the United States the sending out of an armed vessel, with some individual duly commissioned by the government and the society to examine the conditions then existing and make arrangements for the

establishment of order. This request was complied with, and as a result a form of government for the colony was established.

January 5, 1843, Mr. Webster instructed Mr. Everett, who was then minister to England, to make "an informal representation," in conversation with Lord Aberdeen, concerning certain complaints of officers of the American Colonization Society relative to difficulties which had arisen between British traders and the Liberian authorities. On the 24th of March, Mr. Webster communicated to Mr. Everett further notes from the American Colonization Society, which showed that the territorial limits of the settlement were claimed to extend southeasterly from Cape Mount to Cape Palmas, a distance of about 300 miles. With regard to the relations between Liberia and the United States, Mr. Webster said: "Founded principally with a view to the melioration of the condition of an interesting portion of the great human family, this colony has conciliated more and more the good-will, and has from time to time received the aid and support of this government. Without having passed any laws for their regulation, the American government takes a deep interest in the welfare of the people of Liberia, and is disposed to extend to them a just degree of countenance and protection."

66

In a note of August 9, 1843, Mr. Fox, British minister at Washington, inquired how far, if at all, the United States recognized the colony of Liberia" as a "national establishment," and also how far, if at all, it held itself responsible toward foreign countries for the acts of the Liberian authorities. Mr. Fox also requested precise information as to the limits of the settlement and the title by which the territory had been acquired, for the reason, as he stated, that the Liberian authorities had shown a disposition to enlarge the limits of their territory and to monopolize a trade with the native inhabitants along a considerable line of coast where trade had previously been free.

To these inquiries reply was made by Mr. Upshur, Secretary of State, September 25, 1843. After describing the origin of the colony, Mr. Upshur said: "To the United States it is an object of peculiar interest. It was established by our people, and has gone on under the countenance and good offices of our government. It is identified with the success of a great object, which has enlisted the feelings, and called into action the enlarged benevolence, of a large proportion of our people. It is natural, therefore, that we should regard it with greater sympathy and solicitude than would attach to it under other circumstances. For several years it was compelled to defend itself by arms, and unaided, against the native tribes; and succeeded in sustaining itself, only at a melancholy sacrifice of comfort, and a lamentable loss of human lives. No nation has ever complained that it has acquired territory in Africa; but, on the contrary, for twenty

two years it has been allowed, with the full knowledge of all nations,
to enlarge its borders from time to time, as its safety or its necessities
required.
It is not perceived that any nation can have just
reason to complain that this settlement does not confine itself to the
limits of its original territory.
This government does not,
of course, undertake to settle and adjust differences which have
arisen between British subjects and the authorities of Liberia. Those
authorities are responsible for their own acts; and they certainly
would not expect the support or countenance of this government in
any act of injustice towards individuals or nations. But, as they are
themselves nearly powerless, they must rely, for the protection of
their own rights, on the justice and sympathy of other powers. Al-
though no apprehension is entertained that the British government
meditates any wrong to this interesting settlement, yet the occasion
is deemed a fit one for making known, beyond a simple answer to your
inquiries, in what light it is regarded by the government and people
of the United States. It is due to Her Majesty's government that
I should inform you that this government regards it as occupying
a peculiar position, and as possessing peculiar claims to the friendly
consideration of all Christian powers; that this government will be,
at all times, prepared to interpose its good offices to prevent any
encroachment by the colony upon any just right of any nation; and
that it would be very unwilling to see it despoiled of its territory
rightfully acquired, or improperly restrained in the exercise of its
necessary rights and powers as an independent settlement."

Mr. Webster, Sec. of State, to Mr. Everett, min. to England, Jan. 5 and
March 24, 1843; Mr. Fox, British min., to Mr. Upshur, Sec. of State,
Aug. 9, 1843; Mr. Upshur to Mr. Fox, Sept. 25, 1843: H. Ex. Doc.
162, 28 Cong. 1 sess. 2, 7, 8.

Mr. Upshur's note to Mr. Fox of September 25, 1843, is recorded in MS.
Notes to British Leg. VI. 302.

The Republic of Liberia was formed under a constitution of July 26,
1847, which was recognized in the following year by certain Euro-
pean powers which concluded treaties with it. It was not recog-
nized by the United States, however, till 1862. See supra, § 42.
For the constitution of July 26, 1847, see 35 Brit. & For. State Papers, 1301.
For a history of the origin and promotion of the settlement at Liberia,
see report of Mr. Kennedy, from the Committee on Commerce, Feb.
28, 1843, H. Report 283, 27 Cong. 3 sess.

A letter of Mr. J. Y. Mason, Sec. of Navy, to Mr. Jones, Speaker of the
House of Representatives, April 30, 1844, enclosing copies of commu-
nications from Commodore Perry, concerning the condition of colonial
settlements on the western coast of Africa, may be found in H. Ex.
Doc. 244, 28 Cong. 1 sess.

February 3, 1845, the Senate adopted a resolution requesting the President to communicate to that body information relative to the operations of the American squadron on the West coast of Africa; the growth, condition, and influence of the American colonies there; and

the nature, extent, and progress of the commerce of the United States with them. February 26, 1845, President Tyler transmitted, in compliance with this resolution, a report of Mr. Mason, Secretary of the Navy, of February 10, 1845, enclosing several communications on the subject from Commodore Perry. The report and accompanying papers occupy 414 printed pages, including an index, and a map of Liberia compiled from data on file at the office of the American Colonization Society. (S. Ex. Doc. 150, 28 Cong. 2 sess.)

A communication of Mr. Webster, Sec. of State, to the United States Senate, Sept. 14, 1850, with a report of the Rev. R. R. Gurley, who had lately been sent out by the government of the United States to obtain information in respect to Liberia, is printed in S. Ex. Doc. 75, 31 Cong. 1 sess.

For a copy of a contract entered into by the Department of the Interior with the American Colonization Society, May 13, 1860, for the transportation to Liberia of certain Africans recaptured by vessels of the United States Navy, and a contract with the same society of July 20, 1860, for their support for one year from the date of their landing in Liberia, see Mr. Smith, Sec. of Interior, to Mr. Grow, Speaker of the House, Dec. 17, 1861, H. Ex. Doc. 12, 37 Cong. 2 sess.

October 21, 1862, a treaty between the United States and Liberia was concluded at London. March 11, 1863, John J. Henry, of Delaware, was appointed commissioner and consul-general to the Republic. He resigned the mission on May 19, 1863, only eleven days after he received his instructions. In these instructions it was stated that, while the Republic of Liberia owed its origin to the American people, it had been "reserved for the present moment" to give definite and solemn proof of their sympathy by accrediting a political agent "as a distinct and responsible recognition of the national independence and sovereign of that Republic." Abraham Hanson, of Wisconsin, was appointed commissioner and consul-general in place of Mr. Henry June 8, 1863. He died at his post July 20, 1866.

Mr. Seward, Sec. of State, to Mr. Henry, No. 2, May 8, 1863, MS. Inst.
Liberia, I. 3.

See, as to the recognition of Liberia, supra, § 42.

By an act of April 17, 1866, Congress authorized the transfer to Liberia of a gunboat. The Navy Department offered to the Liberian minister in the United States the choice of one of several ships, but none of them was found to be suitable for the purpose. An American vessel of war was, however, directed to visit the coast. (Dip. Cor. 1867, II. 325, 328, 330, 331, 332.)

The inhabitants of the republic had frequent collisions with the surrounding native tribes. In 1869 the War Department of the United States sold to the Liberian government arms and military stores valued at $45,647.29. (Mr. Fish, Sec. of State, to Mr. Turner, min. to Liberia, No. 39, Feb. 10, 1873, MS. Inst. Liberia, I. 117; Mr. Davis, Act. Sec. of State, to Mr. Turner, No. 47, July 24, 1873, id. 123; resolution of the legislature of Liberia, For. Rel. 1880, 706.)

For the adhesion by Liberia to the Brussels convention of June 8, 1899, governing the importation of spirituous liquors into certain regions of Africa, see For. Rel. 1900, 35, 778.