No. 530.
Mr. Bayard to Mr. Phelps.

No. 927.]

Sir: Referring to previous correspondence concerning the Samoan question, I inclose herewith for your information an English translation, furnished by the United States consul at Apia, of a treaty concluded on the 24th of January last between the German consul at Apia and the adviser of the Tamasese government.

I am, etc.,

T. F. Bayard.
[Page 739]
[Inclosure in No. 927.—Translation.]

Treaty between Germany and Samoa.

Under the provisions of article 8 of the treaty of friendship concluded between the German Empire and Samoa on the 24th of January, 1879, the imperial German consul, Becker, and the representative of the Samoan Government, Brandeis, have deliberated concerning the following agreement, and have concluded it conditionally upon the ratification by both Governments.

Article I.

The Samoan Government engages with the Imperial German Government to maintain and to improve the public institutions in Apia which have been under the administration of the former municipality, such as ways, roads, bridges, lights, quarantine, pilotage, and harbor constructions. For its part the German Government agrees that the Germans, and those under German protection residing within the former municipal district, be subjected to the regulations enumerated below, and declared to be laws of Samoa by the Samoan Government on the 18th of January, 1888, and that they shall be liable to pay to the Samoan Government the dues and taxes as fixed by the same.

The regulations referred to are:

  • Regulations 8 to 13, 15 and 108, concerning the selling of spirits; concerning the right to sell spirits; concerning the license to sell spirits; concerning drunkenness.
  • Regulation 16, concerning the sale of fire-arms.
  • Regulations 17, 19, 20, 74, concerning licenses for trades and professions.
  • Regulations 30, 31, concerning aiding deserters from ships.
  • Regulation 33, concerning real-property tax.
  • Regulation 34, concerning poll-tax.
  • Regulations 64 to 69, concerning harbor police.
  • Regulation 75, regulation for building.
  • Regulation 84, concerning the so-called trading ships.
  • Regulation 109, concerning quarantine.
  • Regulation 110, concerning the prevention of contagious diseases.
  • Regulation 111, concerning pilotage.
  • Regulation 114, concerning dynamite and its prohibition.
  • Regulation 120, concerning cleaning the streets.
  • Regulation 122, concerning public roads.
  • Regulation 124, concerning public nuisances.
  • Regulation 127, concerning the Mulivai bridge.
  • Regulation 128, concerning riding without a bridle.
  • Regulation 129, concerning dog-tax.
  • Regulation 131, concerning slaughtering.
  • Regulation 132, concerning supplying intoxicating liquors to policemen.
  • Regulation 133, concerning playing cricket.
  • Regulation 134, concerning delinquent tax-payers.
  • Regulations 135, 136, concerning new buildings.
  • Regulation 137, concerning fir-works.
  • Regulation 138, concerning public bathing.

Article II.

The German Government agrees further that the Germans, and those under German protection in Samoa living outside the former municipal district, shall pay the same poll-tax to the Samoan Government as the Samoans pay. But no German nor any one under German protection shall be required to pay a higher amount per year than $5 for himself and family.

Article III.

If Germans, or those under German protection, feel that they have to complain about taxes or dues imposed upon them by the Samoan Government, such cases shall be tried and decided before the German consul, or his representative, together with an official of the Samoan Government.

Article IV.

By Article I the German consular jurisdiction shall not be restricted only in such cases of police offenses as are not provided for in the imperial German Jaw. The penalties contained in the regulations mentioned in Article I and the jurisdiction of [Page 740] the judge in Apia nominated by the Samoan Government to judge such cases shall be applied to German subjects and those under German protection. Appeals from the decision of the judge above mentioned, so far as concerns Germans and those under German protection, shall lie to a court composed of-the German consul, or his representative, and an official of the Samoan Government.

Article V.

This agreement shall come in force after it is ratified by both Governments.

  • Brandeis.
  • Becker,
    Imperial German Consul.

The imperial consul, Becker, and the representative of the Samoan Government, Brandeis, have agreed, by order of both their Governments, to the following addition to the treaty of the 24th of January, 1888:

sole article.

It is left with the discretion of the imperial German consul at any time to declare the withdrawal of the Imperial German Government from the treaty concluded with the Samoan Government on the 24th of January, 1888.

  • Brandeis.
  • Becker,
    Imperial German Consul.

After the deliberation of the Taimua and Faipule, I give my consent to the above treaty, concluded on the 24th of January, 1888, with the Imperial German Government and to the additional agreement of the 28th May, 1888.

Tuiaana Tuiatua Tamasese.