is presumed that he will abstain from any such arbitrary power in the future, and permit the civil authorities to deal with all such acts according to the law and regulations. Although the president of the municipal council shall, as the chief executive officer, be in charge of the administration of the laws and ordinances applicable to the municipal district of Apia, he is at present nowhere advised, authorized, or empowered to order the release or discharge of a person who has been legally placed in custody charged with an offense triable by a municipal magistrate. It is rather the duty of such president to see that the laws are properly executed. Under no circumstances should he arbitrarily override the municipal regulations, set them at naught, or assume functions clearly not within his province. Such acts, besides being illegal, tend unnecessarily to create ill feeling, discord, strife, and dissatisfaction; whereas the letter and spirit of the general act is to conciliate all differences and restore peace and harmony. The chief aim of the three Governments concerned, no less than the object of the officers appointed to carry out its provisions, should be to administer the laws impartially and compose all differences in the interest of order and good government, and with a due respect for the laws, ordinances, and regulations. Touching the conduct of Mr. von Schmidt in the present instance, the municipal magistrate pertinently observes that "if the responsi ble head of the municipal administration himself sets the laws and ordinances at defiance it can not be expected that other persons will pay much respect to them." This is self-evident. I propose, therefore, to give a copy of your dispatch and of my reply to the United States ambassadors at London and Berlin for communication to the Governments of Great Britain and Germany. I shall advert to the reported conduct of both the German consul and of President Schmidt, and express the hope that some means may be devised whereby a recurrence of such arbitrary and unlawful acts may be prevented in the future. So far as concerns the adoption of the proposed measure to be known as "the men-of-war men offenders ordinance," this Department holds that it should abstain from expressing any opinion upon the subject. It has been clearly shown that the municipal council has exclusive jurisdiction within the municipal district of Apia, and that it is charged with the duty of making, by and with the advice and approval of the consular body, and the chief justice, in case of disagreement, as well as enforcing, all laws, ordinances, and regulations that are applicable to the said district. In this aspect of the case, it would be manifestly improper to indicate the course you should follow when the measure comes up anew. The municipal council and the consular board, who are presumably the best informed as to the actual situation and the necessity for any change in that respect, must therefore be the best judge of what they think desirable and proper to promote the interest or maintain the peace within the municipal jurisdiction. In saying this, it must not be thought that the Department lacks interest on the subject, or does not wish to see peace and harmony prevail and all irritating differences disappear. But it realizes that ample provision is made for all such questions under the general act itself, and it believes that the best interests of all concerned are more easily advanced by withholding advice in such case than by any intimation from either Government as to the course to be pursued in a given instance. Our desire is to see the administration of justice impartially performed, without fear or favor in any direction. It must be equally assumed that both Germany and Great Britain are animated by a like desire, and that, consequently, they too will refrain from any suggestions that might bias or influence the action of their consular representatives or of the municipal council in dealing with such questions. With these general observations, the Department commits the subject to your judgment and discretion. It would appear from your presence on the spot and your familiarity with all phases of the situa tion, that you should be the best judge in all such matters, unless it should clearly appear that the measure was one primarily for the conjoint decision of the three Governments, parties to the Berlin general act. I am, etc., FR 96-36 W. W. ROCKHILL, SOUTH AFRICAN REPUBLIC. PROTECTION TO AMERICAN CITIZENS IN THE TRANSVAAL. Mr. Olney to Mr. Bayard. [Telegram.] DEPARTMENT OF STATE, Washington, January 12, 1896. John Hays Hammond, American citizen, said to be held for treason at Johannesburg, Africa. Mention matter unofficially to Lord Salisbury that necessary measures for Hammond's protection may be taken through British representative at Pretoria. OLNEY. Mr. Olney to Mr. Manion, United States Consular Agent at Johannesburg. [Telegram.] DEPARTMENT OF STATE, Washington, January 12, 1896. Take instant measures to secure John Hays Hammond protection and fair play. OLNEY. Mr. Olney to Mr. Bayard. [Telegram.] DEPARTMENT OF STATE, Washington, January 13, 1896. Cabled you yesterday respecting case of Hammond, American citizen, arrested and in danger at Johannesburg or Pretoria. Other American citizens, it seems, are also arrested and in peril. Please ask good offices of British representatives in South Africa for all of them. OLNEY. Mr. Bayard to Mr. Olney. [Telegram.] EMBASSY OF THE UNITED STATES, Have just received prompt and most kind assurances from Colonial Secretary Chamberlain that he has instructed Her Majesty's high commissioner to extend same protection in behalf of John Hays Hammond and any other American citizens involved in charges of rebellion in Transvaal as would be taken in the interest of British subjects under like circumstances. BAYARD. Mr. Manion to Mr. Olney. [Telegram.] JOHANNESBURG, January 13, 1896. Cable re John Hays Hammond received. Orders being obeyed. Other Americans in trouble. Please cable me direct instructions, so that I may act officially in their behalf. MANION, Consular Agent. Mr. Olney to Mr. Manion. [Telegram.] DEPARTMENT OF STATE, Washington, January 13, 1896. Cabled you yesterday respecting Hammond. Give all available assistance and protection to any other American citizen arrested. OLNEY. Mr. Manion to Mr. Olney. JOHANNESBURG, January 13, 1896. (Received Feb. 17.) SIR: I am in receipt of your cable of January 12, 1896. To this I have cabled reply. I have every reason to believe that President Kruger and his Government will take a fair and honorable attitude to all aliens in the Transvaal. I will keep you fully and promptly advised of the progress of all matters affecting American citizens. I have, etc., J. C. MANION, United States Consular Agent. Mr. Olney to Mr. Bayard. [Telegram.] DEPARTMENT OF STATE, Washington, January 15, 1896. Express to foreign office sincere thanks of this Government for prompt use of kindly offices in aid of American citizens in the Transvaal. OLNEY. Mr. Manion to Mr. Olney. [Telegram.] JOHANNESBURG, January 16, 1896. Impossible report definitely now. Can not comprehend international intrigues. Seven American citizens, all representative, reputable men, under arrest; have officially appointed R. E. Brown, Idaho, prominent, highly respected here, join me in commission investigation all details for purpose of report. Advise firm stand in behalf our citizens, pending full report. This Government is treating prisoners kindly. MANION, Consular Agent. Mr. Olney to Mr. Manion. [Telegram.] DEPARTMENT OF STATE, Washington, January 17, 1896. Your cable of 16th received. Presume you have made strongest efforts with Transvaal Government in interest and for protection of American citizens and their property. If not, do so at once. British representatives will cooperate. Keep me informed of situation. OLNEY. Mr. Olney to Mr. Knight, United States Vice-Consul at Capetown. [Telegram.] DEPARTMENT OF STATE, Washington, January 17, 1896. Proceed to Johannesburg and cooperate with Consular Agent Manion for protection of American citizens and their property. Mr. Bayard to Mr. Olney. OLNEY. No. 575.] EMBASSY OF THE UNITED STATES, London, January 17, 1896, (Received Jan. 27.) SIR: I have the honor to inclose herewith a copy of a note from Mr. Secretary Chamberlain, dated January 16 instant, to the foreign office, in relation to arrest of a number of the leading citizens of Johannesburg, and their imprisonment by the South African Government, among them being several citizens of the United States. The comity and kindness of her Majesty's Government in extending their protection over these American citizens, in a distant and disordered region, has been made known to you, and evoked expressions of your gratitude, which have heretofore been made the subject of my correspondence with the foreign office and yourself. I am glad to see in the newspaper press proof of a recognition in the United States of the voluntary and friendly action by Her Majesty's Government toward our fellow-countrymen held in durance under distressing and trying circumstances. Mr. Chamberlain's announcement that their cases will be watched by legal counsel employed under his direction, in common with British subjects in like condition, is very satisfactory, and I inclose a copy of a note I have addressed to Lord Salisbury, expressing appreciation of the comity and kindness thus exhibited toward our countrymen in South Africa. I have, etc., [Inclosure 1 in No. 575.] T. F. BAYARD. Mr. Meade to Under Secretary of State, foreign office. DOWNING STREET, January 16, 1896. SIR: I am directed by Mr. Secretary Chamberlain to acquaint you, for the information of the Marquis of Salisbury, that on learning that |