The Earl of Derby to John Welsh, March 27, 1878

Lord Derby to Mr. Welsh.

Sir: I have the honor to acknowledge the receipt of your note of the 12th instant, in which you inform me that the United States consul at Tamatave has represented to the United States Government that Her Majesty’s consul at Tamatave refuses to entertain complaints of American citizens against British subjects, and you point out the inconvenience which is likely to arise from such a course.

In reply, I have the honor to observe that if, as I assume, the complaint of the United States consul refers to the refusal of Her Majesty’s consul to hear complaints of a civil nature brought by citizens of the United States against British subjects, the explanation seems to be that the jurisdiction of the British consul is founded on the treaty between Great Britain and Madagascar and Her Majesty’s order in council of the 4th of February, 1869, which was issued to carry the treaty into effect. Under that order in council Her Majesty’s consul can only hear complaints of a civil nature arising between British subjects, and that is in all probability the reason why he declined the exercise of jurisdiction in the case referred to.

Her Majesty’s Government, however, are prepared to consider the question whether the powers of the British consul can be supplemented with a view to meeting such cases, especially as I understand from your letter that the United States consul in Madagascar entertains civil suits brought against his nationals by British subjects.

I have, &c.,