"Your despatch No. 68 is received. In it you inform the Department that a dispute had grown up between Great Britain and the Republic of Liberia relative to the boundary of the republic, and that the government of Liberia had requested the interposition of the United States, and if necessary its protection.

"You will inform the minister of foreign affairs, in reply to his request, that the President regards the progress of the Republic of Liberia, which has been so much identified with the United States, with deep solicitude, and would see with deep regret any collision between it and any foreign power. And if the good offices of the United States can do anything towards the just settlement of the existing controversy, you are at liberty to tender them. But to go beyond that, and to offer protection, would be a violation of all the traditions and policies of the United States since they first entered the family of nations.

"Should you think it necessary to tender the good offices of this government, you will before doing so report to this Department what is the precise point at issue upon which our mediation is desired, in order that further instructions may be given before you communicate officially with the government of Liberia.".

Mr. Fish, Sec. of State, to Mr. Seys, min. to Liberia, No. 34, June 16, 1869,
MS. Inst. Liberia, I. 65.

As to a complaint of the Dutch government on account of the opposition
of the local authorities at certain places to the fulfillment of the
stipulations of the treaty of amity and commerce between Liberia
and the Netherlands of Dec. 20, 1862, see Mr. Fish, Seç of State, to
Mr. Turner, No. 140, Jan. 12, 1877, MS. Inst. Liberia, II. 25; Mr.
F. W. Seward, Act. Sec. of State, to Mr. Turner, No. 141, April 9,
1877, id. 26; Mr. Evarts, Sec. of State, to Mr. Turner, No. 165, May
15, 1878, id. 47.

In 1879 it was reported that the French consul-general at Monrovia had offered to place the Liberian government under the protection of France. Mr. Noyes, the American minister at Paris, was instructed by Mr. Hunter, Acting Secretary of State, "to make such judicious and confidential inquiries as shall, without communicating undue importance to the matter, put you in possession of the facts.” It was at the same time observed that the United States "must feel a peculiar interest in any apparent movement to divert the inde pendent political life of Liberia for the aggrandizement of a great continental power." Mr. Noyes reported that the French government had no diplomatic or consular representative in Liberia, and that it had, instead of proposing a protectorate, declined to entertain a suggestion to that effect which, it was understood, had originated with the Liberian consul-general at Bordeaux and perhaps been

seconded by the Liberian consul at Paris, both of whom were French

men.

Mr. Smyth, min. to Liberia, to Mr. Evarts, Sec. of State, No. 30, May 30,
1879, For. Rel. 1879, 718; Mr. Hunter, Act. Sec. of State, to Mr.
Noyes, min. to France, No. 163, July 17, 1879, id. 341; Mr. Noyes
to Mr. Evarts, No. 256, Aug. 20, 1879, id. 341; same to same, No. 322,
March 26, 1880, For. Rel. 1880, 358; same to same, No. 350, May 13,
1880, id. 362.

See Mr. Smyth, min. to Liberia, to Mr. Evarts, Sec. of State, No. 52, Nov.
18, 1879, and No. 69, Feb. 12, 1880, For. Rel. 1880, 692, 701.
The volume of Foreign Relations for 1879 “devoted to the affairs of Libe-
ria a much larger space than would seem to be warranted by the rela-
tive importance of that country. The reason for this is plain, and
grows out of the peculiar relations which this country holds towards
Liberia; and which are likely to become of increased importance. It
is therefore quite suitable that the great powers should know that the
United States publicly recognizes those relations, and is prepared to
take every proper step to maintain them. In this view the publica-
tion of this correspondence seems not inopportune." (Mr. Evarts,
Sec. of State, to Mr. Noyes, min. to France, No. 222, April 7, 1880, MS.
Inst. France, XX. 130.)

"Liberia is regarded by us with peculiar interest. Already the home of many of those who were once of our nation, she is the predestined home of many who now enjoy citizenship in this republic. This going out to a greater or less extent of our citizens of African descent is but a question of time, and if Liberia be in proper condition to receive and care for such emigrants from the United States, her territory will be chosen by them in preference to that of any other country. A large and valuable commerce between Liberia and the United States may be developed if the two countries can be brought to see their true relations toward each other."

Mr. Evarts, Sec. of State, to Mr. Smyth, No. 43, Feb. 2, 1880, MS. Inst.
Liberia, II. 94.

For other correspondence in relation to Liberia, see For. Rel. 1880,
691-707.

"The peculiar relations which this country holds to Liberia, and upon which the well-being of its republican government in a great measure rests, are likely in the not distant future to be of increased politico-economic importance. Hence the attitude of the European powers which have established themselves in the vicinity of Liberia becomes of interest to the United States whenever it may assume a tendency to disparage the asserted rights of the native self-control. The United States are not averse to having the great powers know that they publicly recognize the peculiar relations between them and Liberia, and that they are prepared to take every proper step to maintain them." To this end the ministers of the

United States at London and Paris were instructed that it was not inexpedient that they "should evince a lively interest in the movements of both Great Britain and France in the neighborhood of Liberia, without, however, showing any undue anxiety or offensive curiosity in the matter."

Mr. Evarts, Sec. of State, to Mr. Hoppin, chargé, No. 446, April 21, 1880, MS. Inst. Great Britain, XXV. 627, enclosing a copy of a despatch from Mr. Smyth, min. to Liberia, No. 70, Feb. 12, 1880.

The minister of the United States to Liberia should not interfere with the government thereof by obtruding political advice.

Mr. Evarts, Sec. of State, to Mr. Smyth, min. to Liberia, No. 41, Jan. 7, 1880, MS. Inst. Liberia, II. 91.

See, however, Mr. Blaine, Sec. of State, to Mr. Smyth, No. 67, June 27, 1881, id. 116.

For a report, March 5, 1878, adverse to providing means for making
surveys for a railroad in Liberia, see H. Report 349, 45 Cong. 2 sess.
See, on the same subject, a memorial of Feb. 12, 1879, S. Mis. Doc.
67, 45 Cong. 3 sess.

As to the general condition of Liberia in 1887, see Mr. Bayard, Sec. of
State, to Mr. Taylor, No. 8, dip. series, July 29, 1887, MS. Inst.
Liberia, II. 216, acknowledging the receipt of Mr. Taylor's despatches
Nos. 4 to 16, inclusive.

"Our position in reference to the citizens of Liberia is such that we could not be justified in regarding with indifference any attempt to oppress them or deprive them of their independence."

Mr. Hay, Sec. of State, to Mr. Porter, amb. to France, No. 640, June 28,
1899, MS. Inst. France, XXIV. 199, referring to the apprehension of
the Liberian government of some action by France in the direction of
an effective occupation of the Liberian. hinterland.
"The United States could not view without grave concern any procedure
from any quarter which would threaten its [Liberia's] liberty of
action or the extinction of its independent existence." (Mr. Hay,
Sec. of State, to Mr. Jackson, chargé, No. 641, Nov. 18, 1898, MS.
Inst. Germany, XX. 572.)

As to a plan, favorably considered, for the administration and collection of
the customs revenues of Liberia by a company organized with British
and American capital, the inspectors to be appointed by the British
and American governments, and an assurance to be given by Liberia
of the nonalienation of the territory of the Republic, see Mr. Hay,
Sec. of State, to Mr. Towner, British chargé, May 4, 1899, MS. Notes
to Brit. Leg. XXIV. 517.

As to a protest by the American minister at Monrovia against the granting
to an English syndicate of the exclusive privilege of mining within
Liberian territory for 50 years, see Mr. Hay, Sec. of State, to Mr.
Choate, ambass. to England, No. 417, July 13, 1900, MS. Inst. Gr. Br.
XXXIII. 440.

2. TREATY OF 1862, ARTICLE VIII.

§ 853.

Article VIII. of the treaty between the United States and Liberia of 1862 provides: "The United States government engages never to interfere, unless solicited by the government of Liberia, in the affairs between the aboriginal inhabitants and the government of the Republic of Liberia, in the jurisdiction and territories of the republic. Should any United States citizen suffer loss, in person or property, from violence by the aboriginal inhabitants, and the government of the Republic of Liberia should not be able to bring the aggressor to justice, the United States government engages, a requisition having been first made therefor by the Liberian government, to lend such aid as may be required. Citizens of the United States residing in the territories of the Republic of Liberia are desired to abstain from all such intercourse with the aboriginal inhabitants as will tend to the violation of law and a disturbance of the peace of the country."

In February, 1879, the Liberian secretary of state complained to Mr. Smyth, the American minister at Monrovia, that one Julio, an American citizen, residing in the Taboo district, had, together with his partner in business, a German subject, named Lehmann, been carrying on trade with the aboriginal inhabitants at Taboo, and other places below Cape Palmas, without complying with the revenue laws. The secretary of state expressed the hope that Mr. Smyth and the acting German consul would cause the offenders to desist from their unlawful acts. Mr. Smyth, invoking Article VIII. of the treaty of 1862, requested Commodore Shufeldt, of the U. S. S. Ticonderoga, who was then on the coast, to interpose; and the commodore, coinciding with Mr. Smyth in his view of the treaty, took on board a Liberina official and sailed for the Taboo River. The Department of State, without awaiting the result, held that the treaty had been misconstrued, and quoted an opinion of its law officer to the effect that Article VIII. "was not intended to authorize, and certainly, not to bind, the United States to interfere with their naval forces for the purpose of enforcing or aiding in the enforcement of the municipal law of the Liberian Republic."

Mr. Smyth, in his letter to Commodore Shufeldt, referred to "the Alexander case" as a precedent. In that case the President of Liberia requested the assistance of Lieut. Commander Schley, of the U. S. S. Essex, against the king and natives of the Taboo district, who were protecting one Alexander, a citizen of Liberia, in violations. of law similar to those afterwards committed by Julio and Lehmann, who were then in his employ. Lieut. Commander Schley, taking on H. Doc. 551-vol 5- 49

board a Liberian official, repaired to the Taboo River and obtained from the king and chiefs the surrender of their artillery and ammunition to the Liberian official, as well as a promise that they would not permit Alexander, who had fled, again to live in that region. Lieut. Commander Schley, when requested by the Liberian official to arrest Julio and Lehmann, refused to do so, on the ground that the interference authorized by the treaty extended only to matters between the government of Liberia and the natives, and not to the use of force to arrest a citizen of the United States for a breach of the municipal laws of Liberia and still less to the arrest of a citizen or subject of a third power. The Department of State observed that, "whatever" might be its " opinion "" as to the soundness of Lieutenant-Commander Schley's view of the law," the Alexander case was "clearly inapplicable," as a precedent, to the case in 1879.

Mr. Evarts, Sec. of State, to Mr. Smyth, min. to Liberia, No. 32, July 12, 1879, MS. Inst. Liberia, II. 79.

See, also, Mr. Evarts to Mr. Smyth, No. 2, June 19, 1878, id. 52.

The German steamer Carlos having fallen into distress on the Liberian coast, the natives of the "Kronbah" tribe plundered the greater part of her cargo, besides robbing and maltreating the crew. The Liberian government exhibited a desire to punish the offenders, but declared itself unable to exert the necessary authority over the lawless Kronbahs. The German government thereupon ordered a naval vessel to the Liberian coast to assist the government of the republic in the pursuit and punishment of the offenders in the general interest of all commercial nations. When the facts were communicated to the Department of State by the German minister at Washington, Mr. Evarts instructed the American minister at Monrovia that, as the offenders in question appeared to be not pirates in the common international acceptance of the terms, but simply lawless wreckers outside of the prompt and efficacious control of the central government, it was "presumed that the Liberian government would gladly avail itself of any proper and friendly aid from without in making its own laws and power felt within its own jurisdiction,” and, if consulted by the Liberian minister of state, he was authorized to express this view and to add "that had the case affected an American vessel and crew this government would not have failed to consider in a proper spirit any request made to it by that of Liberia for aid such as Germany is now prepared to render.”

The instruction makes no reference to Article VIII. of the treaty of 1862.

Mr. Evarts, Sec. of State, to Mr. Smyth, min. to Liberia, No. 63, Feb. 28, 1881, For. Rel. 1881, 734.