Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1889

Mr. Blaine to Messrs. Kasson, Phelps, and Bates.

Department of State,
Washington, April 11, 1889.

Gentlemen: In giving you instructions as to your conduct in the conference at Berlin, for which you have been appointed commissioners, it will be impossible to anticipate all the questions which may arise in the course of its deliberations. My object now is to impress upon you the general principles which will govern the opinions and control the decisions of the Government of the United States, and which will enable you to judge how far any special conclusions will commend themselves to your Government, and within what limits it will be proper to confine yourselves.

As you will communicate promptly and specifically the protocols of the proceedings, fuller and more specific instructions will, from time to time, be sent you. You will carefully examine the protocols of the first conference and the report of the special commissioner to Samoa which are inclosed, and you will find in them a clear statement of the position occupied upon this whole subject by the administration to whose hands the former negotiations were intrusted.

In the discharge of your duties you will be governed by the most earnest assurance that the Government of the United States desires a speedy and amicable solution of all the questions involved, and that while it will steadily maintain its full equality of right and consideration in any disposition of those questions, it is as much influenced by an anxious desire to secure to the people of Samoa the conditions of a healthy, prosperous, and civilized life as it is bound by its duty to protect the rights and interests of its own citizens wherever their spirit of lawful enterprise may carry them. In the co-operation of the United States, of Germany, and of Great Britain in this attempt to establish a beneficial and stable government in these islands, the President hopes and believes that while a frank and friendly consultation will strengthen their respect for each other, the result will prove that it is not the wish of any of them to subordinate the rights of this amiable and dependent people to the exigencies of a grasping commerce, or to the political ambition of territorial extension on the part of any one of the treaty powers.

In consenting, at the request of His Imperial Majesty, to re-open the adjourned proceedings of the conference of 1887 at Berlin instead of Washington, the President is anxious to manifest his entire confidence in the motives and purposes of the German Government. But it must be borne in mind that it is an adjourned conference, in continuation of the conference at Washington of 1887, and not the initiation of a new-one on another basis; for at that time there were existing conditions directly influencing its deliberations which the Government of the United States can not admit to have been changed by any subsequent occurrences in the South Pacific.

Mr. Bayard, my predecessor, wrote thus to Count Arco on February 5, 1889:

The President, having been made fully acquainted with the tenor of the instructions received by you from Prince Bismarck and read by you yesterday for my transcription, requests me to say that lie fully shares in the desire expressed by the prince chancellor to bring the blessings of peace and order to the remote and feeble community of semi-civilized people inhabiting the islands of Samoa, and that he clearly recognizes the duty of the powerful nations of Christendom to deal with these people in a spirit of magnanimity and benevolence. On behalf of the United States Government the President instructs me to express his acceptance of the proposal of the Government of Germany to resume the consultation held in this city between the representatives of the United States, Germany, and Great Britain which was suspended on the 26th July, 1887, such consultation to be renewed, as it was undertaken, for the purpose of establishing peace and an orderly, stable government in the Samoan Islands on the basis of their recognized independence and the equal rights of the three treaty powers.

In attempting to define the scope and purpose of the present conference it is fortunately unnecessary to enter minutely into the history of the Samoan difficulties in the past. It may be proper, however, to advert to the fact that peace and order were promoted in Samoa by the municipality convention of 1879, and by the treaty of peace of July, 1881, celebrated on board of the United States steamer Lackawanna between the warring Samoan chiefs in the presence of Commander Gillis and the consuls of the three treaty powers. By virtue of these conventions a neutral territory was established in and about Apia, and a government provided therefor. From the information before the Department, I have no reason to doubt the correctness of the statements made by Mr. Bates, the special agent of the United States, that—

The peace thus established continued unbroken until January, 1885, when it was disturbed by the incidents which have been the subject of recent diplomatic correspondence. * * * Concerning this period of three and a half years I have been careful to make the most searching inquiry of many persons who were resident in Apia during that period. The universal testimony has been that the adjustment of July, 1881, known as the “Lackawanna peace,” was remarkably successful, and that the government then established was fully acknowledged throughout the islands. Malietoa the King, and Tamasese the vice-King, with the other officers and members of the Taimua and Faipule, lived together at Mulinuu, and on most, if not all, of the official documents of that period will be found the signature of the vice-King as well as that of the King.

Nor is it deemed necessary at present to enter upon detailed examinations of the transactions of 1885, for the obvious reason that so far as individual injury may have ensued it can be more profitably reserved for future discussion, while so far as questions of public right or interest may be involved both the Government of his Imperial Majesty and the Government of the United States have taken very positive and similar positions. Both governments have disavowed the irregular action of their consuls.

On January 16, 1886, Count Bismarck made the following statement to Mr. Pendleton, United States minister at Berlin:

While, therefore, I can give you no information as to the facts, only conjectures which may be entirely without foundation, I can say to you as I said already a week ago to the British Ambassador, that whatever may have occurred we intend to maintain the status as it has heretofore existed. We have been satisfied with that; it has been satisfactory to the three Governments; we have neither interest nor desire to change it. But if we had, we would take no step, make 06 movement without frankly consulting in advance the United States and Great Britain. If any wrong has been done it shall be righted and reparation shall be made and nothing shall be allowed to change the relative position of these Governments.

On June 1, 1886, Mr. Bayard cabled Mr. Pendleton as follows:

Claim of American protectorate at Samoa by consul of the United States wholly unauthorized and disapproved. No separate protectorate by any nation desired. Suggest that German minister here be authorized to act with British minister and me, and arrange that order be re-established; a competent and acceptable chief be chosen by natives and upheld by three powers. Three new consuls to be appointed and continued presence of a war vessel for two years provided for by the three powers. Joint declaration to be made against annexation or protectorate by any of the three powers.

Following this exchange of opinion, the three treaty powers agreed to send special commissioners to Samoa to examine and to report upon the actual condition of affairs in the islands. These commissioners made full and elaborate reports to their respective Governments, and in June, 1887, by formal agreement, a conference of these powers was opened at Washington, represented respectively by the Secretary of State of the United States, the minister of Germany, and the minister of Great Britain.

After a very full and able discussion of the business before it, in the course of which some points of agreement were reached and certain points of difference developed, the conference, on July 26, 1887, adjourned, in order, as stated in the proposition of adjournment, that further instructions should at once be obtained by the representatives of the treaty powers from their respective Governments, with a view to the re-assembling of the conference in the ensuing autumn.

By an agreement between the treaty powers, this conference is now to be resumed, the place of its meeting, however, having been, at the request of the German Government, transferred to Berlin.

It would be a source of great satisfaction to the President if the only duty incumbent on him now were to review the proceedings of the first conference, and, with proper regard to the views of Germany and Great Britain, reach such modified conclusions as would be entirely satisfactory to the honor and interests of all the treaty powers, and at the same time secure for the Samoan people a stable and orderly Government. He firmly believes that such a result is possible, but since the adjournment of the conference certain events have occurred which require explanation.

Within a very short period, less indeed than a month from the adjournment of the conference, without previous intimation of any such serious complication, the Government of his His Imperial Majesty notified the Government of the United States that Germany had declared “war” against “Malietoa, personally.” In the course of this hostile proceeding he was taken on board of a German man-of-war and deported to various places, and is now reported to be in the Marshall Islands, in the custody of German officials. While the President is unwilling to consider this action as intentionally derogatory either to the dignity or the interests of the other treaty powers, yet he can not but consider it, under all the circumstances, as an abrupt breach of the joint relations of the treaty powers to each other and to the Government of Samoa. He finds it impossible to reconcile such action with this frank and friendly language of the German Government preliminary to the meeting of the conference:

We intend to maintain the status as it has heretofore existed. We have been satisfied with that. It has been satisfactory to the three Governments. We have neither interest nor desire to change it. But if we had, we would take no step, make no movement, without frankly consulting in advance the United States and Great Britain.

The President is painfully apprehensive that the forcible removal of Malietoa, who, so far as the information in his possession goes, is without doubt the preferred sovereign of the Samoan people, and the failure to restore that condition under which only, it seems to him, a free choice could be made by the Samoans, will not only seriously complicate, but may possibly endanger that prompt and friendly solution which all the treaty powers so earnestly desire, and which is vital to the safety and prosperity of Samoa itself.

The President hopes that these opinions will receive the consideration to which he thinks them entitled. You will submit them to the conference with temperate firmness, If it be urged, as it may be, that this forcible intervention has had consequences which practical good sense can not disregard, because they can not be undone, you will say that the restoration of the status quo is necessary to place the treaty powers upon their footing of equality, and does not prevent the treaty powers and Samoa from making any changes in the future which justice and an unselfish interest may suggest as necessary. The desire of the Government of the United States to see the status quo re-established as the basis for future deliberation and action in no way commits it to the partisan support of any plan or any person.

You will not submit this proposition as an ultimatum which would close the conference or prevent the President from considering any plan which may be suggested as a substitute. But should the proposition be rejected, you will not accept such conclusion except ad referendum. You will communicate such result as promptly as possible, and the President will then decide upon the course which he deems it his duty to adopt, and you will be instructed accordingly.

Should the representatives of Germany and Great Britain deem it wiser to postpone the decision of this question until further conference shall have ascertained the probability of agreement upon a final solution of the Samoan question, you are authorized to proceed with such discussion, although the President would much prefer its preliminary settlement.

Upon the acquiescence of the conference in the proposition of the President to restore the status quo, or upon its postponement to the determination of the discussion of the general question, it becomes necessary to instruct you as to the views and wishes of the President upon the conclusions reached and the differences developed in the deliberation of the first conference. The principles and the purposes of that conference have been stated with great clearness by the commissioners of the three treaty powers which composed it.

Mr. Bayard, on behalf of the United States, said:

In the plan for the establishment of peace and civilization in Samoa (under the cooperative support of the Governments of the United States, Germany, and Great Britain), submitted by me on behalf of the United States, I expressed my conception of the purpose of the present conference in the following language:

“(1) The independence and the autonomy of the kingdom composed of these islands are to be preserved free from the control or from the preponderating influence of any foreign Government, and it was in pursuance of this understanding that commissioners were recently sent by the three powers, respectively, to investigate and report upon the condition of the islands, and that the respective consuls of the three powers at the islands were changed.”

Immediately after this declaration, and as a necessary inference therefrom, I stated the following propositions:

“(2) It is the desire of the United States, and equally of Germany and Great Britain, to assist the natives of Samoa to form and administer their own Government.”

In respect to the principal object of the conference—the maintenance of the independence and autonomy of the Samoan Islands and the co-operative support of a native “government—I am pleased to notice that my understanding is confirmed by the respective declarations of the German and British ministers. The memorandum by the German minister, read at the first meeting of the conference, began as follows: “The unsettled condition of affairs in the Samoan Islands having gradually become more and more injurious to the foreign residents and to the commercial interests of the three treaty powers, the latter had to take into serious consideration, the means by which lasting peace and order could be restored there. With this view and the understanding that the independence of Samoa under a native government was to be maintained, and that no monopolies should be created there by any foreign powers, the three treaty powers have agreed to the proposition of the United States of America to hold a conference of plenipotentiaries. It was further agreed that in order to get complete and reliable information on which the conference would have to base its deliberations, special commissioners should be sent and instructed by the respective governments to report on the condition of the islands.” The memorandum read by the British minister at the same meeting was as follows: “It is understood that the three powers have no desire to found colonies in Samoa, or to obtain commercial monopolies. Their sole wish is to establish the right and equality of commerce and navigation for their respective subjects and citizens. Assuming, then, that the three powers have no desire to destroy the independence of Samoa, but only seek to establish the right and equality of their commerce and navigation, a declaration to this effect might be made by them as a preliminary step.”

Assuming for the present that this co-operative action was in harmony with the interests and policy of the United States, and that the two principles—the independence of the native Samoan Government and a perfect equality of commercial rights and privileges between the three treaty powers—were sound and sufficient basis for such co-operative action, it is disappointing to find that all the plans and all the discussion by which it was sought to give practical effect to this co-operative action ended in what appears to the President to be an irreconcilable difference.

Avoiding a too minute review of these discussions, which will be found fully set forth in the protocols and which I am glad to recognize were conducted with admirable temper and great force and frankness on all sides, their differences may be summarized in a brief statement of the two plans, one of which was submitted by the German Government, supported by the Government of Great Britain, and the other prepared by the Secretary of State of the United States.

The German proposition, after providing for a new election of king of Samoa, declares, Article III:

The treaty power which, for the time being, has the preponderating interests in Samoa shall, with the concurrence of the two other powers, appoint a representative to be invested with the functions of adviser to the Government of Samoa.

He will be first appointed for a term of five years, and after the expiration of this period a new nomination shall take place for the same time and under the same conditions.

* * * * * * *

The representative, as the mandatary of the three treaty powers, will be charged with the duty of controlling the measures necessary for the efficacious maintenance of peace and order in general, and especially for the security of the plantations, dwellings, and other property of foreign subjects in Samoa.

And this article is to be interpreted in connection with the following declaration of the German minister:

As the German interests in Samoa outweigh actually those of the two other powers, Germany is entitled to nominate the first adviser, in accordance with the provisions established above.

Supported by the declaration of the minister of Great Britain:

Since Mr. Thurston, Mr. Travers, and Mr. Bates (the three special commissioners whose reports were before the conference) all seem to concur that this preponderance is possessed by Germany to a greater or less extent. Her Majesty’s Government are therefore prepared to consent to the mandatary powers being exercised by the German representative for the first term of five years, absolute equality of treatment in respect of commerce, navigation, and jurisdiction; and all other matters whatsoever to be secured to the three Powers and to their subjects and citizens.

It is unnecessary here to repeat the objections to this plan which were made by the representative of the United States in the conference with great acuteness and force, and which have the entire approval of the President. It is sufficient in this instruction to say that the President can not accept this plan as satisfactory. In constituting a foreign “adviser” with unlimited or at least unrestrained power, both of legislation and administration, the President finds it difficult to see the friendly desire to maintain a native and independent Samoan Government which all the treaty powers have so earnestly expressed. Giving to Germany the right to nominate such “mandatary” for the first five years, especially when that priority is claimed in virtue of its supremacy in population, in property, and in commerce, would be simply encouraging that power to maintain and extend such supremacy, and to make it the basis for a perpetual re-appointment and ultimately of absolute possession.

The President is altogether unable to see how the appointment of this “mandatary” by one of the powers, upon the avowed ground of its supposed greater interests, can either preserve that absolute equality of consideration which would alone justify the co-operation of the treaty powers, or could protect with adequate security the commercial interests of the separate powers, which are, in tact, the motive and the purpose of any co-operation. In the exercise of such great power as is given to the “mandatary” the superiority of German power and interest would naturally direct his influence, first, to the preservation, and then to the extension of his supremacy. And in any dissent or remonstrance on the part of the other powers, they would be brought into direct controversy, not with the friendly native authority, but with what would really be the German Government, speaking in the name of the King of Samoa. It would be far simpler, and conduce more to final and well-understood relations, to recognize this assumed superiority as real, and to hold direct communication with Germany in our transactions with what would be practically her colonial possession.

The obligation of the Government of the United States in the South Pacific is to protect the rights and interests of our citizens who maybe residents there and engaged in any lawful pursuit. We have no desire to dominate, and every wish to develop a stable and just government. If there have been trouble and annoyances, they have not proceeded from any groundless hostility of the Samoan Government or the Samoan people. They have arisen and been fostered into mischievous activity by the avarice and eagerness of competing merchants and land speculators, and the irregular conduct of foreign officials who are, perhaps naturally and excusably but most injudiciously, sympathetic with the prejudices and interests of their immediate constituents, the resident foreigners. To convert the assumed supremacy of any one of these contesting interests into a legalized government of these islands does not, in the opinion of the President, promise any relief from the embarrassing dissensions which at present disturb the orderly condition of things.

But there are other reasons why the Government of the United States can not accept this scheme of subordination. The interests of the United States require the possession of a naval station in these remote parts of the Pacific, and by a treaty with the lawful authorities of Samoa they have been put in control of the harbor of Pago Pago for these purposes. We cannot consent to the institution of any form of government in Samoa subject directly or indirectly to influences which in the contingencies of the future might check or control the use or the development of this American right. Nor can the Government of the United States forget, what we are satisfied the other treaty powers will cordially recognize, that our interest on the Pacific is steadily increasing; that our commerce with the East is developing largely and rapidly 5 and that the certainty of an early opening of an Isthmian transit from the Atlantic to the Pacific (under American protection) must create changes in which no power can be more directly interested than the United States. And in any question involving present or future relations in the Pacific, this Government can not accept even temporary subordination, and must regard it as inconsistent with that international consideration and dignity to which the United States, by continental position and expanding interests, must always be entitled.

It only remains to consider the proposition as formulated by the representatives of the United States Government. Stated briefly, it is, as far as possible, the preservation of the native government which has hitherto existed with the addition to the king and vice-king of an executive council, consisting of three secretaries, who, with the king and vice-king will form the executive government; these three secretaries to be appointed by the king on the recommendation of each of the three treaty powers. Although foreigners, these secretaries are to be officers of the Samoan Government and paid by that Government. The consuls of the treaty powers are still to retain their ex-territorial jurisdiction as the citizens and subjects of their respective Governments.

This scheme itself goes beyond the principle upon which the President desires to see our relations with the Samoan Government based, and is not in harmony with the established policy of this Government. For if it is not a joint protectorate, to which there are such grave and obvious objections, it is hardly less than that and does not in any event promise efficient action.

It would seem that if the existing troubles were the result, not of any action of the Samoan Government, but of the rivalries and misunderstandings of foreign consuls and residents, the presence in the government of three officers representing the same differing nationalities and interests would only transfer the scene of dispute to the executive council, and that these three secretaries, being officers of the Samoan government, would not be less partisan, but would be only further removed from the control of the treaty powers than are the consuls whom it is now found so difficult to keep within their strict line of duty. It is evident, moreover, that the different views which the representatives of colonial powers like Great Britain and Germany and a representative of the United States would hold towards the natives and a native government, scarcely promises as a result the harmonious co-operation of the varied and variant interests.

At the same time, while holding different views, the President can not deny the serious impression which has been made upon him by the consenting opinions of the German and English ministers, and the strong support given to that opinion by the very able reports of all the special agents sent to Samoa to examine into its present condition. Mr. Bates, the special agent of the United States, says:

The material question now to be determined is the character, extent, and methods by which the expressed desire of the three powers to co-operate in the establishment of stable government in the islands may be most effectively carried out. My own conviction is doubtless already apparent, that the extent of this intervention, to be effective and successful, must be more systematic and comprehensive than seems to have been contemplated by my instructions.

The central government must be, for a time at least, administered by the three treaty powers, or through such agencies as they may select.

Under these circumstances, and in view of the opinions of those best qualified to judge, the Government of the United States can not refuse to give weighty consideration to whatever plan the conference may suggest. While, therefore, as already intimated, I can not undertake to instruct you on such details as may become the subject of discussion, you will bear in mind, throughout the whole deliberation:

(1) That, if it shall become absolutely necessary in the present complication that the three treaty powers should administer the government of Samoa, it is the earnest desire of the President that this intervention should be temporary: that it should be confined within those limits in which such action is necessary to conciliate and compose present difficulties, and that it shall be avowedly preparatory to the restoration of as complete independence and autonomy as is possible in the islands.

(2) That the intervention of the three treaty powers must be on terms of absolute equality, and the nearest approach to that normal condition of things in which the consular officers of the Government can be the most efficient intermediaries between the treaty powers and the native government, will be the most acceptable.

(3) In any arrangement for the establishment of order and civilization in Samoa, the President is of opinion that too much importance can not be given to the subject of the adjustment of claims and titles to land. The claims of foreigners to land titles in the islands amounted three years ago to more than the whole area of the group. Many of these claims are conflicting and, as the correspondence of the last three years discloses, they are continually giving rise to disputes. It is believed that upon investigation many of the alleged titles would prove to be groundless. It is unnecessary to emphasize the importance, both to foreigners and to natives, of a final settlement of these questions. To the former it would give security and confidence in their efforts to promote agriculture and to add to the wealth and commerce of the country. To the natives it would bring the twofold advantage of being rescued from that deplorable condition in which, being unjustly excluded from their lands, they must, to employ the significant phrase of the British Commissioner in 1886, either pilfer or die;” and of being protected from those acts of interference and oppression to which the cupidity of foreigners has heretofore exposed them. It is believed that the disturbance of the “Lackawanna Peace,” as well as many other unfortunate facts in the recent history of Samoa, may chiefly be attributed to the encouragement and fomentation, by interested foreigners, of dissentions and strife among the natives, with a view to take advantage of the disorder so created to obtain possession of their lands. It is desirable that the ownership of all the lands in the islands should be ascertained and registered; that rules for the transfer of title should be established, and safeguards devised against transfers for improper or insufficient considerations; and that, if necessary, a composition should be effected whereby a reasonable proportion of the territory may be saved to the natives. It is believed that the settlement of the land question on this equitable and comprehensive basis would give the best possible assurance for the stability and success of any government that may be established, simply by removing the principal incentive to its disturbance.

(4) The consideration of the subject of land claims naturally suggests that of the prohibition or regulation of the importation and sale of firearms and alcoholic liquors. Many of these claims have, without doubt, been obtained by ministering to the weaknesses and passions of the natives by furnishing them with the articles above mentioned. It is thought that this reproach to civilization should be removed by each of the treaty powers adopting stringent regulations on the subject.

It is not anticipated that any proposition will be submitted to the conference either by Germany or by Great Britain referring to any other subject than the one covered by this instruction. Should any attempt of the kind be made, you will courteously, but firmly decline all discussion.

I do not desire to embarrass your discussion of the restoration of the status quo by reference to the incidents which accompanied the declaration of martial law by the German authorities. But these incidents can not be passed over in silence, if such silence is to be interpreted as acquiesence either in the rightfulness or the necessity of that measure. Such a declaration appears to the President to have been in direct violation of that equal and friendly co-operation which had been previously recognized as the principle of action for the treaty powers, and equally contradictory of the conditions upon which the conference was instituted. But, aside from these considerations, the manner and the method by which the German naval authorities proclaimed their intention of carrying this declaration into effect, could only tend to evoke irritation and bitterness over questions which might well be the subject of grave international discussion. So trenchant were the invasions of the rights of American citizens in Samoa, and so apparent was the purpose to disregard the dignity of the flag which protected them, that, if immediate resentment of such treatment had culminated in forcible resistance, this Government, while deeply regretting so unfortunate an occurrence, would have found it impossible not to sympathize with the natural indignation which prompted such a course.

To subject the citizens of the United States to the police inspection of the German navy; to require reports from each household as to arms kept for its necessary protection; to make permission from the German authorities a needed prerequisite to the natural right of American citizens to guard themselves from danger; to inquire into the character of even their rumored conversations, and hold them amenable therefor to the summary proceedings of a German court-martial—all these were trials and indignities to which they ought never to have been subjected, and to which, I trust, the results of this conference will make it certain they shall never be subjected again.

Had not the Government of the United States believed that these objectionable proceedings were due to the hasty and too pronounced zeal of German naval officers, and not to the orders or the wishes of the authorities at Berlin, an earnest and vigorous protest would have been made against the assumption of such power. In this belief, the President is content to overlook the offense, and refers to it now lest silence on his part should be misconstrued by the German Government. You will, therefore, be careful, in any reference which you may make to the subject, to employ a friendly tone, and to assume that the proceedings referred to were at no time authorized by the Imperial Government.

Any conclusion you may reach will be referred immediately to this Department, and you will be further instructed, from time to time, as your reports indicate more specifically the plan which meets the approbation of the conference.

I am, etc.,

James G. Blaine.

[Inclosure 1.]

Protocols of the Conference held at Washington in 1887.

Department of State,
Washington, June 25, 1887.

Confidential.]

PROTOCOL OF FIRST SAMOAN CONFERENCE.

The conference was formally opened by Mr. Bayard inquiring whether the British and German ministers had received his note inclosing a draught of apian for the settlement of Samoan affairs, and whether they had prepared any comments upon it. Both had received it.

Mr. von Alvensleben then stated that he had made a memorandum, which he would read, but could not give out of his hand. His Government had sent him general instructions before knowing Mr. Bayard’s suggestions, and those instructions, therefore, did not cover all the different points suggested. He was, however, willing that the views of his Government should be put down in the protocol of the conference as he read them.

Mr. Bayard said the conference was suggested a year ago; that the three Governments had sent out commissioners to make investigation and report; that reports had been made and exchanged; that an expression of the views of the United States had been desired; that an informal conference had been held, which ended in the request by the ministers of Great Britain and Germany that those views should be reduced to writing; that this had been done, and the plan placed in their hands, and that it seemed proper that the views of the other two Governments should be handed to him in the same way.

This, however, Mr. von Alvensleben declined to do, and for this reason Sir Lionel West decided not to give a copy of the memorandum which he had prepared; but they agreed that their statements, as read by them, should be taken down by a stenographer and embodied in the protocol of the conference.

The plan previously submitted by Mr. Bayard on the part of the United States, and which is to be taken as if read at the conference, is as follows:

plan for the establishment of peace and civilization in samoa under the co-operative support of the governments of the united states, germany, and great britain.

• “(1) The independence and autonomy of the kingdom composed of these islands are to be preserved free from the control or preponderating influence of any foreign Government, and it was in pursuance of this understanding that commissioners were recently sent by the three powers respectively to investigate and report upon the condition of the islands, and that the respective consuls of the three powers at the islands were changed.
• “(2) It is the desire of the United States, and equally of Germany and Great Britain, to assist the natives of Samoa to form and administer their Government.
• “(3) The due and orderly commencement of the new government will be the recognition of a native king; and a respect for native customs and traditions, which the three powers have recognized by their several existing treaties, would seem to require the continuance of Malietoa Laupepa as King, and of Tamasese as Vice-King. The kingship of the islands has for many years been filled by the election of the head of Malietoa family, of Malietoa Talavoa, until his death in 1880, and of Malietoa Laupepa in March 1881, in which same year Tamasese was elected Vice-King. These voluntary native elections and the governments so established were severally recognized by the United States, Germany, and Great Britain, and the treaties now existing between these powers and Samoa should have all the binding force attendant upon such formal obligations.
• “(4) A written constitution of government should be adopted and on the following lines: An election by the native inhabitants should be held at once for chiefs from several districts of Samoa, who are to be the council of the King. The number of these chiefs may be as follows: From Aana, 2; from Atua, 2; from Apolima and Manono, 1; from Savaii, 6; from Taumasaga, 2; from Tutuila, Mauna, Olosega, Ofa, and Aunuu, 2. By the King and these chiefs the constitution should be adopted and proclaimed. This constitution should provide for alegislature, which should, as heretofore, consist of a King’s Council or Timua, and a legislative assembly or Faipule. The former should consist of the King, the Vice-King, three ministers to be nominated by the three treaty powers, and chiefs from the several districts of Samoa, the latter-to be elected for life. The Faipule should be elected by the people in the ratio of one representative for every 2,000 of the population and for the term of three years. Those chosen at the first election should be divided into three classes, so that one-third thereafter be elected in each year.
• “(5) The chief secretary and ministry of foreign affairs, the treasurer, and the minister of the interior, should be appointed by the King upon the nomination of the three treaty powers, and should serve for a term of — years, unless removed by the King upon the application of the three treaty powers. These ministers should have seats on the floor of the Faipule and take part in the debates.
• “(6) A municipal government shall be formed for Apia without interference by the foreign consuls. The government of the municipality shall consist of a council with local legislative powers, and a mayor or chief executive officer, to be appointed by the King and council.
• “(7) Foreign consuls shall retain criminal jurisdiction over their own countrymen, respectively, as heretofore.
• “(8) A court for the administration of justice among the natives shall be constituted, the judges to be appointed by the King and council without regard to their nationality, and the police officers and minor officials of the court shall be selected from the natives.
• “(9) The constitution should prohibit the imposition of pecuniary fines upon natives, and sentences for criminal offenses should be terms of imprisonment with labor on the public roads, buildings, and grounds.
• “(10) The sale of deadly weapons, or ammunition therefor, should be prohibited, as well as the sale of intoxicating liquors.
• “(11) A land commission should forthwith be organized, before whom all claims of title to land by foreigners shall be submitted, and whose judgment shall be final.
• “This commission shall consist of five members appointed by the King, of whom three shall be nominated by the three treaty powers, i.e., one by each of the said powers, and the remaining two selected by the King. They shall obtain the services of a competent engineer and assistants, who shall make correct survey and plots of the land respectively claimed, the cost of which survey and plots shall be paid by the claimants respectively. The said land commission shall inquire into the nature and extent of each and every land claim by foreigners, and whether good or valuable consideration was paid therefor, and no land shall be awarded to any claimant unless it be proved that at least value to the extent of per acre had been paid therefor, and in all cases where an illegal or immoral consideration has been given, where liquor or tire-arms, or weapons of any description form the consideration such claims shall be declared invalid and the land shall forthwith be restored to the control of the Government of Samoa.
• “(12) The judges of the land commission shall receive a salary of —— per annum, to be paid out of the revenues of the Kingdom, and shall appoint a clerk who shall duly keep the records of their proceedings.
• “(13) It shall be the duty of the said land commission to survey and set apart of the unclaimed or unoccupied land one-tenth part thereof, to be rented for the use and support of the public schools.
• “(14) To assist in raising revenue for the support of the Government, customs and tonnage dues shall be levied at the several ports of entry, and to this end each of the treaty powers will, negotiate identic treaties with Samoa in which the rates of said duties shall be established.
• “(15) Each of the treaty powers will alternately keep four months in each year a man-of-war in Samoan waters to assist in maintaining the Government so to be established and to preserve peace and order.”

Mr. von Alvensleben then read his memorandum, which was as follows:

“The unsettled condition of affairs on the Samoan Islands having gradually become more and more injurious to the foreign residents and the commercial interests of the three treaty powers, the latter had to take into serious consideration the means by which the lasting peace and order could be restored there. With this view and the understanding that the independence of Samoa under a native government was to be maintained, and that no monopolies should be created there by any foreign power, the three treaty powers have agreed to the proposition of the Government of the United States of America to hold a conference of plenipotentiaries. It was further agreed that, in order to get complete and reliable information on which the conference would have to base its deliberations, special commissioners should be sent and instructed by the respective Governments to report on the condition of those islands. These reports having shown that the weakness and incapacity of the actual government are the principal causes of the present untenable state of affairs in the Samoan Islands, the Imperial German Government is of the opinion that an agreement upon the following points would be apt to lead to the intended result:

• “(1) King Malietoa having notoriously violated his treaty obligations toward Germany, and having even among the natives comparatively but few partisans, while a completely organized counter-government has been formed under Tamasese, a new election of king will have to take place according to the customs of the country. This election is to be freely made by the chiefs and the people of Samoa. This would meet the suggestion made by the honorable Secretary of State to the two other powers when this conference was proposed. It was said in those instructions ‘the three powers to uphold a competent and acceptable chief, to be chosen by the natives.’ The same proceeding has been observed previously when several chiefs arose as pretenders, and the treaty powers then recognized as king the one who had been elected by a majority of the population. As to the actual number of Malietoa’s partisans, a statement drawn up by Mr. Travers shows that the party of Tamasese is four times as large as Malietoa’s. The whole population of the Samoan Islands, except Manua, numbers 33,450, of which 5,800 comprise the party of Malietoa, 7,400 are indifferent, and 20,250 stand by Tamasese.
• “(2) As far as merely Samoan affairs are concerned, the administration of the country to be carried on, as was hitherto the case, by the king assisted by the native council, composed of the most prominent chiefs. The competence of the king and the co operation of the native council will have to be defined by special agreement.
• “(3) Experience having shown the incapability of the Samoans to maintain order and peace in their country, a foreign representative to be appointed as adviser to the King in order to strengthen the latter’s authority.
• “This adviser, who is to act as the mandatary of the three treaty powers, will have to discharge, under the nominal responsibility of the King, the Government affairs. He will have to control all necessary measures with regard to the maintenance of public order in general, and especially to the security of any kind of property of foreign residents. This adviser, whose position would be virtually that of a prime minister, to be nominated by the treaty power having for the time being the preponderating interests in Samoa. The nomination needs the approval of the two other powers. The first appointment to be made for the term of five years in the first instance, and at the expiration of that period a fresh appointment to be made on the same terms and conditions. In the event of the appointment becoming vacant during the said term of five years, through the death, resignation, or removal of the adviser, another person shall be similarly appointed to hold the office for the remainder of the said term.
• “(4) In order to avoid every misapprehension of the situation by the placing of the representative of one of the treaty powers in the most prominent position of the Samoan administration, it will be expedient to formally acknowledge anew the principle, already contained in the existing treaties with Samoa, of absolute equality of treatment in respect of commerce, navigation, jurisdiction, and all other matters whatsoever to be secured to the three powers and to their subjects and citizens.
• “(5) The irregularities which are known to have occurred in regard to the acquisition of land, and the disputes to which they have led between foreigners and natives make it appear expedient to consider the establishment of a special international court for the decision of claims and disputes relating to land. For the composition of this court due consideration will have to be given to the nationality of the parties.
• “(6) It will have to be one of the principal tasks of the new administration to regulate the finances and to draw up a budget in accordance with the needs of foreigners and natives. For this purpose, and in order to raise the requisite funds for the proper administration of the islands, as well as for promoting foreign trade and commerce, the question of levying taxes on foreigners with the consent of the three treaty powers will have to be considered.
• “(7) As the German interests in Samoa outweigh actually those of the two other powers, Germany is entitled to nominate the first adviser in accordance with the provisions established above under No. 3.
• “(8) The existing treaties with Samoa to be maintained, and the declarations made previously by Germany, the United States, and Great Britain with regard to the independence of Samoa to be confirmed, in order to avoid the appearance as if the present interference in the Samoan administration implied an intention of the annexation of Samoa by a foreign power.”

Sir Lionel West then read his memorandum, which was as follows:

“It is understood that the three powers have no desire to found colonies in Samoa or to obtain commercial monopolies. Their sole wish is to establish the right and equality of commerce and navigation for their respective subjects and citizens. Assuming, then, that the three powers have no desire to destroy the independence of Samoa, but only seek to establish the right and equality of their commerce and navigation, a declaration to this effect might be made by them as a preliminary step. It was, however, deemed expedient to ascertain the exact state of affairs in the islands by sending special commissioners who should report thereupon. The reports are now before the plenipotentiaries of the three powers assembled in conference, and their general tenor leads to the conclusion that the Samoan natives are incapable of forming independently a stable and efficient administration for preserving their own independence and for securing to each power fall freedom of commerce, navigation, and jurisdiction of all matters affecting their respective subjects and citizens. Under these circumstances Her Majesty’s Government are prepared to advocate an agreement between the three powers on the principle that one of them should, as the mandatary of the other two, exercise as adviser of the Samoan Government supervision and control over the native affairs for a limited time, and should be charged with the duty of controlling the measures necessary for the better maintenance of public order in general, and especially for the security of the property of foreign subjects and citizens. Such a course seems indicated in Mr. Bates’ report when he says: ‘The real function of the intervening powers in Samoa will of necessity be actual administration of government. Nothing short of this, at least for a time, will remedy the existing condition of things.’

“Such seems to be also the opinion of Mr. Travers and Mr. Thurston.

“All three commissioners seem to recognize also the difficulty of tripartite control, such as more or less has been hitherto exercised; while at the same time they deprecate the establishment of the exclusive control of either one of the three powers. Assuming that the establishment of a native government, to be carried on by the king, who may be elected, assisted by a native council, is necessary to preserve the autonomy and independence of the islands, and which can only be established under foreign control, and assuming that tripartite control is impracticable, the solution of the difficulty would seem to be an alternate control for a limited period of either one of the three powers. In the event of coming to this agreement the question naturally arises as to which power should be chosen the mandatary of the other two in the first instance, and Her Majesty’s Government consider that preponderating commercial interests should be taken into consideration in deciding it.

“Since Mr. Thurston, Mr. Travers, and Mr. Bates all seem to concur that this preponderance is possessed by Germany to a greater or less extent, Her Majesty’s Government are therefore prepared to consent to the mandatary power being exercised by the German representative for the first term of five years, absolute equality of treatment in respect of commerce, navigation, and jurisdiction, and all other matters whatsoever to be secured to the three powers and to their subjects and citizens.

“In view of conflicting statements and disputes relating to land and land claims, Her Majesty’s Government advocate the establishment of an international land court to take cognizance thereof, and they also propose that the question of levying taxes on foreigners for revenue purposes shall be taken into consideration. In order to facilitate the working of the international land court, they propose that the existing land claims of foreigners should be disposed of by a commission previous to its establishment. The reports of Mr. Travers and Mr. Bates point to some such arrangement as necessary for the adjustment of pending disputes. Mr. Bates recommends a specially constituted court to take cognizance of land claims.

“As far as consular jurisdiction is concerned, it seems to be expedient that it should remain unaltered, and only, therefore, requires the reassertion in any final convention or agreement concluded.

“The conflicting claims to the sovereignty of the islands seem to render it necessary that a fresh appeal should be made to the native population for the election of a king. Since 1879–’80 King Malietoa has been recognized by Germany, Great Britain, and the United States as King of Samoa. Tamasese was appointed vice-king, and is now in open rebellion against Malietoa. War has only been averted by urging upon King Malietoa to await the decision of the three treaty powers; and a proclamation was subsequently issued by the three consuls denying recognition to Tamasese as king; but as it appears that he is not disposed to submit to Malietoa, a new election seems therefore imperatively called for before the Government can be properly constituted, and Her Majesty’s Government express no opinion, favorably or adversely, to the election of Malietoa.

“Under any circumstances, in the opinion of Her Majesty’s Government, existing treaties should be maintained. These treaties, it may be remarked, are not signed by Malietoa, but are in the name of the Government of Samoa.”

Sir Lionel West said he was ready to discuss the various points suggested in the memorandums.

Mr. Bayard said he would not be ready to discuss them until an opportunity had been given him of reading the British and German views as taken down by the stenographer.

The conference then adjourned to meet at a time subsequently to be agreed upon.

• T. F. Bayard.
• Alvensleben.
• L. S. Sackville West.

Protocol of Second Samoan Conference.

Department of State,
Washington, July 2, 1887.

Confidential.]

Mr. Bayard said he understood that all agreed upon the following points: That there should be no annexation of the islands by any of the treaty powers; that the independence and autonomy of the islands were to be preserved with equality of rights of commerce and navigation for the citizens or subjects of the treaty powers; that a native government was to be established and assisted to maintain itself; that the present jurisdiction of consuls over their own countrymen should be preserved; that the present treaties be maintained, so far as the rights of the three powers under them are concerned; that means of raising revenue for the support of the government should be devised, and that the question of taxing foreigners should be considered; that impost and tonnage duties should be established by identic treaties between the three powers and the Samoan Government; that a land court should be formed to settle titles and holding of lands in the group.

It had been admitted that the claims of foreigners to lands exceeded the entire area of the islands, and this was the best proof that the claims required overhauling by a court whose decision should be final.

Mr. Bayard further said that while it had been agreed that a native government should be established and assisted to maintain itself, the powers were not agreed as to its details. Great Britain and Germany proposed that there should be only a king and a council of chiefs. The United States suggested a king, a council of chiefs, and a legislative assembly, composed of representatives elected by the people of the islands. He was, however, inclined to believe that the greater the simplicity of the frame-work of the government the better, and he was disposed to place among the points of agreement that the native government should consist of the king and his council of chiefs.

Mr. von Alvensleben said if there was such a legislative assembly as Mr. Bayard had proposed it should have a consultative and not a deciding vote, and that with this understanding he was not opposed to such an assembly.

Mr. Bayard replied that Germany had proposed its omission, and that it was in order not to stand upon form, but to get a substantial agreement that he had deferred to that proposal. He desired to facilitate agreement, and at the same time thought it not unadvisable to simplify the government as much as possible.

Sir Lionel West said he did not think his memorandum referred to the subject of identic treaties respecting impost and tonnage duties. He saw, however, no objection to the idea of identic treaties. After some further discussion it was decided that this should be taken as agreed upon in conference.

Mr. Bayard said there were some other points on which the propositions of the powers did not run so closely together. The first was as to the kingship. The United States, in view of existing treaties and of the declarations continuously made until within a very few months by the consuls of three treaty powers, had proposed the continued recognition of Malietoa Laupepa as king and of Tamasese as vice-king. The British and German Governments proposed a new election. In this, for the sake of coming to an agreement, he was disposed to concur. The United States would not object to a new election, but it should be a native election, free and unawed. The customs of the Samoans should prevail in it, and the result of the election should be announced to and declared by the three consuls, who should not otherwise participate in the proceedings.

Mr. von Alvensleben inquired whether that could be prevented?

Mr. Bayard replied that that comment would apply to the whole of the transaction. The islands were very remote from the countries whose representatives were now considering their government, and unless the agents of the three governments were actuated by a sense of absolute fairness to each other, and a desire to carry it out, there would be little hope, and he proposed that the agent of the United States should do nothing inconsistent with its action in the matter.

Sir Lionel West said he could assent to that proposition. The natives must elect the king, and the election must be free.

Mr. von Alvensleben inquired whether they should take into consideration the probability of the natives not arriving at an election. Malietoa’s party might say they had elected their man; Tamasese’s party might say: “We have our man; we won’t proceed to an election.” It was not unlikely, according to report, that the natives would not proceed to an election. Should not a certain time be fixed within which the election should take place? If it should not take place within that time, then the three powers should agree on a king.

Mr. Bayard said he did not anticipate the failure of the election; but it was in order to avoid any difficulty that he had proposed to let Malietoa remain as king, to which Germany and Great Britain objected.

Sir Lionel West said his Government had expressed no opinion hostile or adverse to Malietoa.

Mr. Bayard said he had not the slightest objection to the election of Malietoa if the people of Samoa should choose him. At present, however, there seemed to be no chance for him, if the statement made by Mr. von Alvensleben, that he was in a small minority, was just. But there was a difference of opinion on that subject.

Mr. von Alvensleben asked whether the newly-elected king should not be approved by the powers?

Mr. Bayard answered, no; that, on the contrary, there was to be a free election.

Mr. von Alvensleben inquired whether he would not have to be recognized by the powers?

Mr. Bayard said, yes; but that the election should be free and not interfered with.

Mr. von Alvensleben said the people might nominate the king and the powers confirm him.

Mr. Bayard said that would virtually give the powers the control of the choice of a king. It would not be a native selection if it had to be made subject to the approval of somebody else. The object of the present arrangement was not to obliterate the rights of the islanders, hut to assist them in forming a civilized government; that a virtual neutralization of this group of islands was desirable, and this was to be secured by the abstention of the three powers from seeking any special control. This principle should underlie all that they were proposing. There had been a proposition from Germany, which had met with a certain degree of recognition from Great Britain, that the power having a preponderance of present commercial interest should exercise a preponderating influence.

Mr. von Alvensleben said, not commercial altogether, because the Germans had also the greatest land interest.

Mr. Bayard said that was the claim. It would be this: that because Germany has a preponderance of numbers, of land, and of commerce she should therefore have a preponderance of weight in the counsels. It seemed to him that that proposition was in conflict with the principle upon which they propose to proceed, and that it was one that would increase as they progress. That is to say, that the ultimate result of admitting such a principle as that, and proceeding upon such a basis, would be to reduce the islands into a Germanic possession. Now that is certainly in conflict with the idea of virtual neutralization of the islands with which they set out, and not in accordance with the agreed plan, even upon the agreed points of the plan, and he referred to it now because they were approaching the question of the appointment of the chief executive officers, who would have more actual or practical power in controlling affairs there than any others., He could illustrate it better by saying that Germany proposed to have one prime minister. The United States proposed three ministers—a minister of foreign affairs, a minister of finance and treasury, and a minister of the interior—who should manage questions of lands and the like, and that they should be associated with the king and one native, making a council in that way of odd numbers, in which the three powers should have a majority, but that those officers should be separate and be appointed by the king, the idea being native appointment on foreign nomination. The German idea was that they should have a prime minister who should be the great executive, and control all, a depository of executive power, and that because Germany had more land, people, and commerce than the other two.

Sir Lionel West said only for a time.

Mr. Bayard said for five years as a basis, and a renewal again on the same terms. The suggestion was inconsistent with the principle with which they propose to conduct this arrangement, because it was at once starting upon a road that can lead but into one direction, and that is the complete domination of one power.

Mr. von Alvensleben said the Imperial Government wanted to nominate and have the appointment subject to the approval of the other two powers, and therefore they gave every guaranty that was possible.

Mr. Bayard said he wished to draw attention to the fact that the importance of these islands is mainly because of their geographical position. They lie in the pathway of a commerce that is just being developed. The opening of the west coast of North America to civilization and commerce by means of the transcontinental railways had given to this group of islands an interest which they never had before, and moreover, we all hope for the penetration of the isthmus in some way or other. If that occurs a new feature of interest will be added to them. Great Britain, and Germany, and Spain, and France, at this time hold the island groups in Polynesia, and something more than mere islands. Great Britain owns Fiji and New Zealand and other islands. He said nothing of the continent of Australia. Great Britain has her settlement on New Guinea. Germany has the Marshal group and the Solomon Islands. She also has a settlement, and a very important one, on New Guinea. Spain has the Carolines; France makes claims to the New Hebrides. With a great ocean front on the Pacific, the United States have not acquired a foot of land in that region, but they were the first as a power to make a treaty with the Samoans. Our treaty antedates the rest and there was in it no special privilege of any kind. There was a cession to the United States for their use for a naval and coaling station of the harbor of Pango-Pango, which remains now as it was at the time it was ceded. It seemed to him that it was equally important to Germany and to all the other commercial nations and to the United States, that there should be a general line of action tending to secure the neutralization of that group of islands. There is something beyond the mere material present value of the land or the products, and it was for that reason the United States desired to see that group of islands maintained for the common use of nations, and the United States should receive the ready support of Great Britain and Germany in endeavoring to impress upon Samoa its counsels in favor of the proposed government. He would not go into a comparison of the relative importance of the Pacific commerce to the United States or to others. The interest of the United States was very great and quite equal to any other, and perhaps in some aspects greater, because less remote from the United States than from Great Britain or Germany, and because anything that is needed there as outposts these two countries have already acquired. The political policies of the United States are not such as to give the slightest alarm to the commereial interest of any other country. The policy of this Government in respect to acquisition of remote points has been pretty well defined, and it was for that reason that the Government of the United States was more disinterested by reason of its policies and by reason of its position in this matter than perhaps any other government equal in importance and having the same prospective interests in the commerce of the Pacific. Germany had proposed to take the nomination because at the time they had a greater amount of land, people, and money. He did not know what would be the result of the land commission upon German claims to title.

Mr. von Alvensleben said that if there was any change it would be a very slight change, because all the German land titles had been surveyed by surveyors sent out from Germany. The whole amount of German property in cultivated land exceeded six times the land owned by other nations.

Mr. Bayard said he had an impression from all accounts that the cultivation of the land had been done largely by the Germans. What their title was to it he did not mean to say, because he had no knowledge. He meant to say that the reason of the principle they started upon was logically in favor of the nation not disposed, and which could not be disposed by its politics, to gain a preponderating influence in the islands.

Referring to the land question, Mr. Bayard further said that, out of respect for native customs, he had proposed that the land court should consist of three foreigners, one to be nominated by each of the powers, and two natives; but the plan submitted by Mr. von Alvensleben proposed only three foreigners.

Mr. von Alvensleben said that was only a land commission to prepare for the court.

Mr. Bayard did not perceive the utility of this.

Mr. von Alvensleben said the object of the commission would be to investigate.

Mr. Bayard said he did not see the necessity of that. The land court proposed by Mm could send for papers, examine witnesses, and give judgment.

Mr. von Alvensleben said the commission was intended to examine all the deeds, and, so far as possible, settle questions of title, leaving only such titles as they were not satisfied with to the court.

Mr. Bayard thought both functions germane to the same object, and that a single body would be more simple, and could with equal certainty and justice deal with the business, as if there were a commission to examine and a court subsequently to decide.

Sir Lionel West said it was intended to facilitate the action of the court by the creation of the commission.

Mr. Bayard said it was not an intricate matter, and if there was the right kind of court, with fair-minded men, who would deal with each other with justness between themselves and the people, they would move with more celerity and with more stability than if there were two bodies. There would be two rules of decision by having two different bodies.

Mr. von Alvensleben thought that general principles should be established, and that there should be an appeal from the land commission to the land court, whose decision should be final. He also asked how investigations could be made.

Mr. Bayard said the area to be gone over was not extensive, and that there was no function a board of commissioners could perform that the court could not equally perform.

Mr. von Alvensleben inquired what Mr. Bayard proposed in place of the German proposition of an adviser to the king, and read, in support of the proposition of his Government, the following remarks:

“The opinion of the Imperial German Government that a lasting improvement of the condition of the Samoan Islands can not be expected from the actual existing native government, but only by foreign intervention, has been strengthened by the reports of the special commissioners, which are now before the conference. Such intervention can not be carried out with prospect of success in the way that the consuls of the three treaty powers at Apia attempt to assert simultaneously their influence with the Samoan authorities. The history of the last ten years shows that this only leads to rivalry between the foreign representatives, and to increase the weakness of the power of the native government. For the same reason it would be without any chance of success to try to strengthen the existing condition of affairs by calling the three consuls simultaneously into the Samoan administration. There is only one course left for asserting foreign influence with the Samoan Government, which is so necessary for the general interest, and this is to place one foreign officer at the head of the administration and to invest him with sufficient rights and powers to take the measures required for the maintenance of peace and order, as well as for the prosperous development of commerce and intercourse. As the authority of this official is to be noticeable in an unequivocal way to the foreigners as well as to the natives, it is commendable that the appointment should not be left to the Samoan Government, but be made by agreement between the treaty powers. At the same time it would appear that the power having to protect the largest interests in Samoa should be given the right to nominate the official whose duty it shall be to control the native government. That Germany is the power having the largest interests is questioned by nobody. Taking into consideration the dimensions and the value of the German interests represented in Samoa, and the great credit which Germany essentially deserves for having brought the Samoan Islands to their actual importance, it can not be fairly contested that Germany must be recognized by the other powers as being entitled to receive this mandate. Germany, or better, her subjects, pay alone half of all the taxes. The value of the German commerce with Samoa, without including the South Pacific, doubles the English and American commerce together. German subjects own in Samoa nearly double as much uncultivated land and nearly six times as much cultivated land. It can not therefore be expected that she should consent to remain more or less excluded from the efficient control of the country and have it pass to one of the two powers who have less interests.”

Mr. Bayard thought there was a misapprehension on Mr. von Alvensleben’s part as to any design of exclusion. On the contrary, perfect equality as to all was proposed. That would not affect in the least the question of the rights of German subjects or their property. The idea of the United States was that there should be one law for all, and that no one power should be more than another in the control of those questions.

Mr. von Alvensleben thought it more natural that the power that had the largest interests should also, after giving all the guaranties to the other powers, be nearest to control and the most responsible for it.

Mr. Bayard said it seemed to him that that reasoning forgot entirely the principle upon which the whole movement proceeded: that is, the native Government to preserve its own existence, while the contrary is that contended for by Germany. The idea of the United States was that there should be an equality of rights between the powers.

Mr. von Alvensleben said that was intended. The powers ought to have equality of rights.

Mr. Bayard said another feature in the proposition submitted by him was that there was no suggestion of continuance of interference by the consuls in the government of that country, except with regard to the persons or interests of their individual citizens.

Mr. von Alvensleben said he introduced the three consuls for the purpose of showing that Mr. Bayard’s proposal of three ministers would be equivalent to the three-party government; that the three representatives would almost come to the same thing.

Mr. Bayard said that up to the present time the three consuls had been recognized as three equals co-operating for an end, and under that Germany certainly could not find fault with the result, because her preponderance had been continually increasing, and the interference of the German consul with the affairs in Samoa had keen very marked, if he could take the accounts of the dispatches of the American vice-consul. There had, however, been no suggestion in his plan that there should be anything more of a consular government. He desired something to do away with the injustice which, it is said, has been done these people. It is not becoming that the three powers should be in a group of islands where the land claims of their citizens exceed the whole territory of those islands. Mr. Thurston, the British commissioner, had put that with complete force when he said they were absolutely punishing these people for acts which were the necessary result and consequence of the kind of government they had endured.

Sir Lionel West said his Government seemed to incline to a foreign control because they thought Without it there could be no stable government. Mr. Bates distinctly states it in his report. Mr. Thurston states it that without this intervention it is impossible to establish a stable government, and his Government were willing that this control should be exercised by a person appointed by one of the powers as the mandatary of the other two.

Mr. Bayard inquired what were his views about the native courts and the abolition of pecuniary fines.

Sir Lionel West said he thought they should agree as to those points.

Mr. Bayard inquired the views of the representatives of Germany and Great Britain as to his proposition as to titles to lands founded on the sales of fire-arms, etc.

Sir Lionel West said his Government were inclined to support that proposition.

Mr. von Alvensleben said he did not think the proposition should have been stated so widely. The words “immoral” and “illegal” consideration had been used. It was difficult to define what was immoral.

Mr. Bayard said he had no objection to defining it.

Mr. von Alvensleben said if it meant the sale of fire-arms it did not touch the Germans altogether.

It might, however, have happened that those people really would not take any money if they couldget fire-arms. If it was shown that they really gave the land away, they ought to get an additional sum. He suggested that what had been paid should be taken into consideration, and if it was too small an additional sum could be fixed by the land commission or the land court.

Mr. Bayard inquired as to his proposition to intrust minor offices, those that touch the natives themselves, to natives instead of foreigners.

Sir Lionel West said it was a difficult matter, but the principle ought to be that they should be natives.

Mr. Bayard said it would be a great means of native education, and that the natives should be educated in self-government.

Sir Lionel West asked whether he did not think that a very good reason for establishing foreign control.

Mr. Bayard said foreign assistance and native government should be combined. Hence he had proposed that in the council of the king there should be three foreigners, a minister of foreign affairs, of the interior, and a treasurer. These ministers would doubtless have a paramount voice, but they would be associated with two natives. One might be a German, another an Englishman, and another an American. Their functions would, in a great measure, be independent, and ought to be.

Mr. von Alvensleben asked whether they would be chosen by the foreign powers?

Mr. Bayard said, yes.

Mr. von Alvensleben said it would be difficult to find three such persons in Samoa not identified with what had been going on there, and that if they were so chosen he was afraid they would not be able to withdraw from the influence of their nationality.

Mr. Bayard said if there was only one man he would not be able to overcome the influence of his nationality, but if there were three men, with distinct, different functions, they would act as a check upon each other. But if the nominee of one of the powers acted merely as a partisan, his Government should remove him. There should be the readiest disposition in this regard, and the United States had already shown its disposition to act promptly.

Mr. von Alvensleben said he had been instructed to lay before the conference, in order to facilitate its work, a draught of a convention between the three treaty powers, a memorandum on the land disputes, and a memorandum on the financial question. These were, respectively, as follows:

[Translation.]

draught agreement between germany, england, and the united states of america concerning the samoan islands.

The Governments of His Majesty the Emperor of Germany, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and of the United States of America, inspired by the desire of establishing a better settlement of affairs on the Samoan Islands, have agreed upon the following dispositions:

Article I.

A new election of a king shall take place in Samoa, with which object a meeting of the chiefs of all the districts entitled thereto in the Samoan Islands shall be summoned within two months from the day of the conclusion of this agreement.

The king can be nominated either for life or for a certain number of years; his nomination must be confirmed by the three treaty powers.

Article II.

The administration of the common affairs of the Samoan Islands shall be conducted by the king assisted by a council composed of representatives of the different districts; the convocation and composition of the latter in detail shall be reserved for a subsequent arrangement.

Article III.

The treaty power which for the time being has the preponderating interests in Samoa shall, with the concurrence of the two other powers, appoint a representative, to be invested with the functions of adviser to the Government of Samoa.

He will be first appointed for a term of five years, and after the expiration of this period a new nomination shall take place for the same time and under the same conditions.

In the event of the appointment of the representative falling vacant during the five years period, by death, resignation, or any other cause, another official shall be similarly appointed, to hold office for the remainder of the said term.

The representative as the mandatary of the three treaty powers will be charged with the duty of controlling the measures necessary for the efficacious maintenance of peace and order in general, and especially for the security of the plantations, dwellings, and other property of foreign subjects in Samoa.

Article IV.

The agreement as to the establishment of a municipality in Apia concluded between Germany, England, and the United States, on the 2d September, 1879, and prolonged for an indefinite period on the 29th September, 1883, shall cease to be in force on and after the—

Article V.

Absolute equality of treatment in respect of commerce, navigation, jurisdiction and other matters shall be secured to the three treaty powers and their subjects and citizens in Samoa.

Article VI.

With the view to the examination and decision of disputes relative to land, a commission shall be established, before which all disputed land claims are to be lodged within a fixed period. There shall be an appeal from the decision of the commission to a special court of land disputes within a period not exceeding three months. The composition and jurisdiction of the commission and of the court are defined in Annex I.

Article VII.

In order to raise the necessary funds for the proper administration of the Samoan Islands and for the development of foreign trade, commerce, and navigation, the Government of Samoa shall have the right to levy the dues and taxes specified in Annex II.

Article VIII.

The existing treaties of friendship, commerce, and navigation between the three powers and Samoa shall be maintained, and no alteration with regard to them shall take place without the consent of the treaty power thereby affected.

Article IX.

The Governments of the three treaty powers renew and confirm on this occasion their former declarations in regard to the maintenance of the independence and neutrality of the Samoan Islands.

[Translation.]

land disputes.

The disputes relating to real estate and the acquisition of land in Samoa demand a special treatment.

This sort of dispute is to be withdrawn from the cognizance of the consuls and from the jurisdiction of the English high commissioner, respectively. It is consonant to the general principles of justice that disputes relating to real estate should be decided by the laws and courts of the country in which the object of the dispute is situated. In the present case, however, it must further be taken into consideration that in the absence of any sort of legal provision as to the conditions, requirements, and formalities necessary for the valid transfer of land, and in consequence of the utter complication existing in the ownership, irregularities, and, it may be, acts of injustice, have occurred which absolutely demand an impartial decision based upon a thorough examination and investigation of the matter. Such disputes are to be settled in a uniform procedure and according to uniform principles, to be previously laid down by the treaty powers with the agreement of the Samoan Government, by an authority to be specially instituted, and in the last instance by a land court to be specially created. For this purpose it would seem advisable, after establishing the general principles on which the decision as to the validity of land transfers are to be based, first, to appoint a commission composed of three members, each of the three treaty powers naming one. Before this commission all claims which are raised by foreigners with regard to land in the Samoan Islands must be filed within a certain period, the claims must be accompanied by the titles and other documents, or duly authenticated copies, relating thereto.

The members of the commission are appointed by the Samoan Government on the proposal of the treaty powers and receive their salaries, the amount of which is to be fixed beforehand, from the former. A part of the expenses caused thereby will be covered by fees to be levied by the commission for their work according to a fixed tariff; the remainder will be defrayed out of the general cost of the administration, since it would not be fair that real estate should have to bear alone the whole of the not inconsiderable cost, amounting probably at least to a sum of more than $30,000.

The presidency of the commission would, according to the state of affairs, be assigned to the representative of the power which has the most extensive interests in the country.

As far as the title deeds do not in themselves offer room for doubt as to the legality of the acquisition, all lands acquired before the conclusion of the German-Samoan and English-Samoan treaties, respectively, that is, before the 24th January and 28th August, 1879, respectively, and also under the same conditions, all lands which, within the last two or three years, have been put under cultivation by the new owner shall be registered as validly acquired without prejudice to the claims of third persons. On the other hand, the acquisition shall not be regarded as legal, and registration shall be provisionally refused in cases where the claimant is only in a position to produce as a proof of his legal acquisition of the land a so-called promise of sale, as well as in cases where the land has not been surveyed within two or three years following the conclusion of the sale, or where the deed of sale contains no precise description of the boundaries of the land sold, or where at the time of the conclusion of the contract the price of the land has not been paid in full to the seller, without prejudice, however, to the claimant’s right to demand a judicial decision. The commission shall be invested with the right of citing before them, through the local authorities, for examination, and of hearing, as witnesses, the sellers and any other persons whom they may think fit to supply information. A very important question, especially touching land disputes between foreigners, concerns the determination of the right of ownership and disposition of the land sold, on the part of native sellers. Numerous cases will present themselves in which one and the same piece of land has been sold by different persons styling themselves the owners to different parties, or in which pieces of land have been sold by persons whose right to the ownership and disposition of that land is disputed on the part of other Samoans. In this case the commission shall be empowered, through the local government of the district in which the disputed land lies, to institute a native commission to determine the seller’s right of ownership and to lay the result of such investigations, together with the underlying motives, before the foreign commission; this decision, however, shall not be binding on the latter. Such native commissions would have also to be charged with the examination, and, if required, with the decision of land disputes existing between the Samoans themselves. Pieces of land which for ten years or more have, without dispute, been cultivated, or at least made use of, by foreigners, shall, without further inquiry, be regarded as property legally owned or acquired by prescription.

Claims of third parties to such pieces of land shall be brought to judicial decision only then and in so far as, in accordance to the dispositions with regard to the interruption of the prescription, the claim to the land has been presented to the actual holder in written form at least once within the period of ten years. The foreign commission must further be authorized to give a provisional decision as to disputes relating to possession and ownership of land or to effect an amicable arrangement. The litigant shall have the right of appeal from the decisions of the commission, or of demanding a judicial decision by the land court. Whenever Samoans are involved as “parties in such disputes, the foreign commission shall invoke the co-operation of a Samoan chief to be nominated by the government of the district where the land lies, or of the Samoan judge in Apia.

The final settlement of the land disputes takes place by the judicial decision of the land court. The latter is composed of a judge, to be nominated by the Samoan Government, and of the consul or of one of the prominent countrymen of the litigant.

There is no appeal from the decision of this court.

finance.—estimate of yearly budget.—revenue.

1.	Capitation tax on Samoans				$37,500
2.	Property tax on boats (250, at $4)				1,000
3.	Property tax an fire-arms (500, at $2)				1,000
4.	Tax on houses and on land used for commercial purposes, 1 per cent, ad valorem—
		(a)	Present yield of the municipality		2,600
		(b)	Increase to expected at once		1,300
		(c)	Houses and property outside of Apia		2,000
5.	Controlling dues on all sorts of plantation laborers (1,000, at $2)				2,000
6.	Import dues on laborers (250, at $5)				1,250
7.	Charges for registry of deeds of sale, ½ per cent, of the selling price				500
8.	Stamp-tax on documents relating to transfers of property, 1 per cent of the selling price				1,000
9.	Trade tax—
	I.	Commercial enterprises—
		(a)	Yield of the municipality		720
		(b)	Expected increase		1,000
		(c)	Businesses outside Apia (50, at $40)		2,000
		(d)	Trading ships—
			A.	President yield of the municipality	120
			B.	By increase of existing duties	480
	II.	Artisans, clerks, and liberal professions—
		(a)	Present yield of the municipality		420
		(b)	Increase yield through immigration		800
	III.	White laborers—
		(a)	Domestic servants and factory hands (100, at $5)		500
		(b)	Independent workmen (100 at $5)		500
10.	Taxes for tavern licenses—
		(a)	Present yield of the municipality		775
		(b)	Increase and immigration		1,000
11.	Statistical commercial dues—
		(a)	General dues on imports of merchandise, 1 per cent, ad valorem in 1885. $4,686		4,686
		(b)	From the increased imports to be expected, about 20 per cent.		937
		(c)	General dues on exports—
			A.	Copra, 3,000 tons, at $1	3,000
			B.	Cotton, 200,000 lbs., at 50c. per 100 lbs	1,000
			C.	Coffee, 15,000 lbs., $7,500, 2 per cent	150
12.	Customs—
		(a)	Import tax on spirituous liquors:
			A.	2,000 cases of beer, at $1	2,000
			B.	3,000 gallons of brandy, at $2	6,000
			C.	1,500 gallons of wine, at $2	3,000
		(b)	Import tax on arms, 200, at $2		400
		(c)	Import tax on powder and ammunition, 1,500 lbs., at 25c		375
13.	Pilot dues—
		(a)	Present yield of the municipality		2,400
		(b)	Expected increase		600
14.	Quarantine dues—
		(a)	President yield of the municipality		250
15.	Judicial fees				2,000
16.	Fines—
		(a)	President yield of the municipality		800
		(b)	Expected increase within the municipality		400
		(c)	Outside the municipality and in the whole of Samoa		2,000
17.	Postal receipts				1,000
	Total				89,463

finance.

In drawing up the inclosed budget of receipts the principle has been followed of leaving Samoa the charter of a free-trade country. Quite apart from the fact that in Article III of the treaty of commerce between the United States of America and Samoa provision is made for the exemption of the cargoes of all American ships from duties of every sort, the introduction of merely financial duties (Finanzzölle) seemed undesirable in the interest of a free and unrestricted development of Samoan commerce. On the other hand, no objection could be raised to taking into consideration a small statistical duty at the rate of 1 per cent, ad valorem on merchandise imported into the islands, as well as a duty at about the same rate on products exported from Samoa. At present only copra cotton, and, to a small extent, coffee are in question. Only for spirituous liquors, arms, and ammunition real import duties have been introduced into the budget. The consumption of brandy, especially on the part of the natives, shall be checked thereby. For the sake of uniformity an import duty will also be imposed upon beer and wine, both articles of consumption which are used only by the better-situated classes, and which can easily bear a comparatively not very high tax. Also the import of arms shall be restricted by the duties imposed. It may well be taken for granted that the Government of the United States would also give their consent to the proposed taxes and statistical duties.

Moreover, the budget of receipts has been drawn up on the model of the existing arrangements, and the greater number of the items have been based upon the taxes hitherto levied by the municipal administration of Apia. Great care has been taken with regard to the calculation of an increase to be expected to result from a more developed commerce, and it may be said in general that the items have been fixed at a very low rate. The taxation of the natives has similarly been based on the model of existing institutions. More than $20,000 has been raised by the Government of Samoa alone by a capitation tax paid by districts. The government of Malietoa has also attempted to exact a capitation tax, it is true, without success. The fault, however, lay neither with the system of taxation nor with the rate of the tax, but exclusively with the weakness and inactivity of the Government and the want of the necessary administrative apparatus. The taxation of the natives seemed the less objectionable, as the native element, it would appear, is called to be the first to participate in the advantages of the new government, and as, besides that, by the plan proposed a considerable part of the taxes raised shall be expended on the salaries and fixed remuneration of Samoan officials.

With regard to the several items of the receipts the following remarks may be made. Ad. 1.—Capitation on Samoans, $37,500. The population of the Samoan Islands, with the exception of the Manna group, may now be taken as between 33,000 and 35,000 souls. The sum total of the capitation tax represents, therefore, about $1.10 per head of the whole population, and about $3 per head of the adult male portion thereof. The Samoans are perfectly conscious of their obligation to contribute to the public revenue in the way of a capitation tax. It has practically been introduced for many years, even though, as already observed, it has not been regularly levied. In 1872 a capitation tax of $1 for adult males, 50 cents for young people, and 25 cents for male children, without distinction of age, was imposed in order to defray the expenses of buying arms. The fixing of the rate per head served only as a measure for the calculation of the tax. The Government in Leulumoega has twice daring the last year imposed a tax of $1 per head on the male population. The tax was levied by districts and handed over to the Government. The ambition of the several districts to contribute as large sums as possible led to the result that the total sum of the taxes actually paid was considerably in excess of the sum calculated for according to the rate fixed of $1 per head of the male population.

If the Government there has now actually raised in its districts alone already more than $20,000 a year by a capitation tax, the figure set down in the budget for the whole of Samoa of $37,500 can hardly be regarded as excessive, all the less so, as the islands, not counting the yield of the German plantations, produce now in copra alone 3,000 tons, and could yield, with a moderate increase of activity, to which the obligation to pay the taxes may well give the necessary impetus, a considerably larger quantity, on the proceeds of which the population does not rely for its sustenance.

In Tonga, for instance, with a population of 20,000 souls, a capitation of $60,000 a year is raised.

In practice it would be advisable to apportion the whole tax among the several districts according to the number of the male population and to charge the Government with the task of levying it.

The taxes are to be paid in cash. Payments in kind would necessitate a complicated organization, which would be better avoided at the first establishment of an administration. The system of money payments which exists in Tonga has, besides, worked satisfactorily, while in Fiji the system of payment in kind has afforded less good results. Moreover, the Samoans are accustomed to pay their taxes in money.

From political reasons the payment of taxes by giving arms in lieu of money might perhaps be taken into consideration.

Ad. 2 and 3.—Boats and fire-arms are suitable objects for a tax on property. The rates provided for are fixed at an exceedingly low figure. It may well be assumed that there are over 2,000 guns in the country. At first, however, payment of the taxes will be frequently eluded.

Ad. 4.—

land tax.

The land taxes on houses and other real estate, serving for commercial purposes, which are already in force in Apia, can be maintained at the same rate of 1 per cent, ad valorem; as yet they have given no cause of complaint. The revenues will be considerably increased by a valuation representing more accurately the real values, as well as by the increased activity in building on the part of foreigners who may be expected to flock in in consequence of the establishment of an orderly state of affairs. The value of the houses and other establishments outside Apia is put, after a careful examination, at $200,000. A direct taxation of the plantations is not intended, as they are already affected indirectly by other taxes, such as the dues for the control of laborers (Arbeitercontrollgebühren) or those levied on the importation of laborers, and the exportation of products, and as, besides, it would seem to be in the interest of the Government to encourage the cultivation of plantations.

Ad. 5 and 6.—Controlling dues (Kontrollsteuern) on all sorts of plantation laborers and import dues on laborers. It seems appropriate that a tax should be raised for the control exercised through the authorities over the laborers; in the same way a tax on each imported foreign laborer is justified.

Ad. 7 and 8.—A valuation of the revenue to be derived from the dues levied for the registration of contracts of sale, as well as from stamp-tax levied at the rate of 1 per cent, ad valorem on all documents relating to the transfer of property is almost impossible; but in any case the figures set down are estimated at a very low rate.

Ad. 9.—

taxes on trades (gewerbesteuer.)

The municipality of Apia levies a trade-tax on all commercial businesses, on ships engaged in trade there, on artisans, and commercial clerks. It is advisable to maintain these taxes. A more accurate valuation, the immigration of foreigners, and the taxation of all trades pursued outside Apia, will probably result in greater increase of revenue than that estimated in the budget. Special mention must be made of the ships calling at the harbor of Apia for commercial purposes (trading vessels). They have not approximately the same expenses of business that the resident merchants have; they turn over their capital more quickly, and have, by existing regulations, only to pay a single tax of $10. For the protection of native industry it is desirable that ships of this sort should be subjected to a due five times as great.

Under 9, III, provision is also made for a trade-tax on white laborers.

Ad. 10.—The license tax for taverns now yields to the municipality a return of $775. By raising the rate of this tax itself as well as by an increase in the number of taverns, which is to be expected in consequence of the greater influx of foreigners, an increase of revenue to the amount of $1,000 may be reckoned on, and all the more so as the taverns established outside Apia will now be subject to the tax.

Ad. 11 and 12.—The rates set down under the items “statistical commercial dues on imports and exports,” and “import duties,” have been arrived at after careful investigation of the statistics hitherto known, and by following the principle that as small a burden as possible shall be laid upon commerce. For imports a duty of 1 per cent, ad valorem seems appropriate; the tax on exported products will be about 1½ to 2 per cent. In the budget drawn up by an American, Mr. Moors, provision was made for a tax of 3 per cent. The smaller rate of 1 per cent, here set down relieves the Government of all the apparatus of customs officers. The collection of the tax can be left to the harbor-master. This is taking for granted that Apia should be declared the only port of entry, an arrangement which will not be found burdensome by anybody, and which will also prove useful for the control of navigation.

Ad. 13 to 17.—With respect to the pilot dues, it is believed that they will undergo a small increase. This has in fact been already effected by the new German steamer communication, and will be still more the case in consequence of the increase of shipping which is to be expected. The judicial fees and fines can not be approximately calculated. The figures set down appear very low. The revenue to be derived from the postal service has been calculated on the statistical returns of the municipal postmaster in Apia.

Mr. von Alvensleben inquired what length of time the King should be chosen for, and suggested that that might be left for the natives.

Mr. Bayard said he thought so; he preferred to follow the Samoan customs and traditions.

Mr. von Alvensleben said he thought his Government might not object to a vice-king, but he wished for the present to reserve his opinion on that subject.

Sir Lionel West said his Government might object.

Mr. Bayard said he had suggested it in his original proposition in order to enable the Samoans to gratify their recognition of their leading people, as well as to provide for a succession in case of the death of the King.

The conference then adjourned to meet again at such time as should be agreed upon.

• T. F. Bayard.
• Alvensleben.
• L. S. Sackville West.

Protocol of Third Samoan Conference..

Department of State,
Washington, July 9, 1887.

Confidential.]

Mr. Bayard said that at the last meeting Mr. von Alvensleben seemed to withdraw or qualify his objection to the Faipule. With a view to simplicity in the Government, and with a disposition to concede everything that might be done for coming to an agreement, he had not stood upon that point, and he desired to know what ideas Mr. von Alvensleben would approve in relation to the Faipule.

Mr. von Alvensleben said it had been agreed that there should be a king and a council of native chiefs. It might be well, instead of keeping the whole Taimua as a council, to take the principal chief, or such as may be appointed from the Taimua into the king’s council, and thus do away with the Taimua as such. The Taimuas really do the business, not, however, without conferring first with their Faipules. By taking some members into the king’s council from the Faipule these also might be done away with. But the Faipules might as well be kept, with only a consultative vote on Samoan matters.

Sir Lionel West said then it would not be a legislative body.

Mr. von Alvensleben said they might be a legislative body, but would only have a consultative vote. Their powers should be limited. They ought to have the right of accepting or rejecting the propositions made to them by the King and the council. The more you limit this body the more easily it will be managed.

Sir Lionel West asked whether they might not do away with it altogether?

Mr. von Alvensleben said he had no objection, but he thought its preservation might bring the Samoans more readily to accept this arrangement. If it was thought better to do away with it, he had no objection. And perhaps the Taimuas might also be called together every year, only to select a certain number out of their body who should for a certain time—for a year, or two, or three—belong to the King’s council. This would still reduce the number.

Mr. Bayard said he understood that Mr. von Alvensleben’s suggestion was that their duties should simply be consultative, and that he did not propose to give legislative power.

Mr. von Alvensleben said: To the King and council, yes; but not to the Faipule.

Mr. Bayard said that was the only one they had under consideration—the legislative branch which he proposed, but which was rejected by both the other members of the conference.

Mr. von Alvensleben said that if Mr. Bayard thought it better to do away with the Faipule he had no objection.

Sir Lionel West said he also had none.

Mr. von Alvensleben said if it was thought to be in the interests of the whole settlement, and of disposing of the matter favorably, he had no objection to keeping the Faipule.

Mr. Bayard said his idea of the whole matter was that the simpler their scheme for the government of this people the better; but he would be strongly disposed to respect their traditions and customs as far as may be, and let them have those governmental bodies that they have been accustomed to, and if the Faipule was one, to maintain it.

Mr. von Alvensleben thought there was no difficulty. There would be no objection to keep them on. It would perhaps be well to reduce them in number and to limit their legislative powers. They should only be allowed to accept or to reject what was submitted by the king’s council. They could then do no harm.

Mr. Bayard inquired whether he meant that their consent should be essential to the enactment of measures.

Mr. von Alvensleben replied, yes, in native affairs. He should like to repeat that he was quite ready to do away with it if that was preferred.

Mr. Bayard then referred to the land question. His suggestion was that a land court should be formed, before whom all claims for lands in the islands should be brought and whose decision should be final; but it bad been suggested that a land commission should precede the land court, so that there should be an appeal. His comment upon that was that it was an unnecessary complication of duties and a reduplication of officials, costly, and tending to conflict, and opposed to that simplicity in the affairs of this very simple people that he thought one of the wisest features of his suggestion. There was no complex system of landlaws in Samoa.

Sir Lionel West said there was not even a basis of a land system.

Mr. Bayard said consequently no great learning in land laws was required by the adjudicators. What was needed was substantial justice, of which the first element was honest dealings between the persons who had acquired these lands and those who were the prior owners or controllers of them. He could not perceive any necessity whatever, but, on the contrary, a good deal that was useless and embarrassing, in having two sets of men to act upon these questions. International commissions had been frequent, before whom had been brought questions of boundary between adjacent countries and questions of losses growing out of claims mutually against the parties, but he had never heard in any case that it was necessary to precede the tribunal of arbitration and settlement by another commission to sift out in advance, and he thought it would be difficult to find a precedent for it.

Sir Lionel West then read to the conference the following observations:

With regard to the proposed land commission, Her Majesty’s Government are strongly of the opinion that it will be found necessary to facilitate the labors of the land court when established. Land claims in Samoa are of a very complicated nature, and it will be absolutely necessary to collect such preliminary evidence in order to facilitate the final decisions of the special court. The obtaining of such evidence and the adjustment of existing disputes by mutual concessions could not properly be confided to a final court of appeal, whose judicial competency might be thereby impaired. It appears to me that the labors of the commission which it is proposed to appoint should be directed to the collection and classification of all existing claims, which can not be adjusted by compromise, for submission to the land court, which, after pronouncing upon them, would, for the future, be free to deal with all land questions arising upon their own merits. It must be borne in mind that not even a basis of a land system prevails in Samoa at present, and it is this basis which it is sought to establish by the preliminary labors of the commission. If this principle is admitted, the composition of the commission and the nature of its labors will have to be defined.

Sir Lionel West said that was the opinion of his Government, which they strongly recommended.

Mr. Bayard said he did not precisely understand what the question of complication of title was when it is admitted that there was no system under which the titles had come. It was agreed upon as a fact that more land was claimed by foreigners in this group than the islands themselves contain. That alone shows the necessity of examining the base of claim by foreigners to any land at all in Samoa.

Sir Lionel West said: But not by a judicial court in the first instance.

Mr. Bayard said it was merely a question whether the means was appropriate to the end. His experience in the United States in dealing with land questions led him to believe that they could remedy the scandal of crowding these people out of existence on their own soil.

Sir Lionel West. In the future, yes.

Mr. Bayard said it was done already, according to these claims. Those people are asked to give up all their land absolutely, and yet to live honestly. The best thing they could do was to rectify so gross a condition of things as that implied, and they all agreed as to that. The question was merely of appropriate means to that end. In his judgment, if a competent court was established under the influence of the three treaty powers, such court to consist of three foreigners and two natives, and it was agreed that upon the fact being made known that they are duly commissioned and sworn to do justice in these land cases, that all of the land claims, without exception, should be brought before them—what use and what part a commission could play in that he could not see. The court could cause to be filed before them within a stated period the claims of every foreigner to land in Samoa, accompanied by his muniments of title, whatever they may be. There was no necessity for a commission to summon people to file their claims. If notice was given of the appointment of a land court and proclamation is made that before them were to be filed all the claims for land in Samoa, those who did not make the claim to land would be supposed not to have any, and those having claims would come forward and support them with proper testimony. It would not be a question of the commission hunting up claims.

Sir Lionel West said there were a good many cases which might be settled by a commission and not go to the court at all.

Mr. Bayard said a court was just as simple in its operation as a commission could be, and all the results of substantial justice would be reached by single adjudication, which with a single body could be speedily had. Many of the claims were no doubt honest and would be readily established. In other cases, of persons having large amounts of land improperly obtained for improper considerations under fictitious or constructive grants, the land court could pass upon them instantly and decide upon them justly without the interposition of a land commission. The commission, in other words, could do nothing the court could not.

Sir Lionel West. In your opinion the commission will not facilitate the court.

Mr. Bayard. On the contrary, it would embarrass it, and would increase our difficulty in finding the number of competent persons for these tribunals.

Sir Lionel West said his government were strongly in favor of the commission, and Mr. von Alvensleben’s government was also.

Mr. von Alvensleben said the intention of his government is also to facilitate, and the commission should be organized principally for the reason that it would make the settlements easier. He had been told that there were very many claims, and that there was not one spot of Samoa that was not claimed either by foreigners or by Samoans, or by both, and there were many lands which have been sold two or three times to different people, and he knew from very good authority that such cases would be presented where one Samoan sold it to one foreigner, another Samoan came and sold the same to another foreigner, and thus the claim stood. It had, perhaps, been surveyed by the one and not by the other, so that the claimants’ cases would be easily settled as soon as they saw that the commission only wanted to act with fairness.

Mr. Bayard said he was still unable to perceive what function the commission could perform that the court could not equally and more efficiently perform, nor could he see any use of passing these proceedings through two tribunals. The court should be invested with power to call on every man who claims to own and hold land in Samoa to lay before them the groundwork of his title, and he must come and uphold it, otherwise he would be without that validation of his title which is essential in Samoa. International commissions had been many, arbitrations had been many, and such a thing as preceding the judgment of arbitration by the finding of a commission was unheard of.

Sir Lionel West said, not the finding of the commission but the collection of evidence.

Mr. Bayard said the object of the commission appeared to be only to make business for the court, which could, however, call all the cases into its cognizance and settle them.

Another matter he desired to mention was the question of the creation of a single mandatary, or the placing of powers in the hands of three chief executive officers, who should represent the three treaty powers, the King being the fourth and a native to be the fifth. The effect of such a tribunal would be to give the three powers combined a majority and the decision. He could not see how the principle upon which we have agreed for the establishment of government in Samoa could be accomplished under the German plan.

Sir Lionel West. Which is approved by my government.

Mr. Bayard said he did not understand that it was approved. He did not understand that Sir Lionel had any definite proposition on that point. It seemed to him very plain that if the German plan was followed it would necessarily result in creating those islands, whatever might be their nominal government, into a German possession, and that was not in accord with the plan on which they had all agreed in the beginning of this conference.

Sir Lionel West then read the following paper in regard to the mandatary scheme:

“It is admitted by the three powers that foreign intervention can alone insure the stability of the native government which it is sought to establish in Samoa, and that the tripartite control which has heretofore been exercised has proved abortive. The mandatary scheme does not involve the recognition of any preponderating interests which, as the Secretary of State has justly remarked, ought not to be taken into account in dealing with the matters before the conference. The German Government, as well as Her Majesty’s Government, moreover, do not assert preponderance of interests as an argument in favor of the scheme. Indeed, they have asserted that there shall be absolute equality of treatment in respect to commerce, navigation, and jurisdiction, should it be adopted, but Her Majesty’s Government are willing, seeing the great interest Germany has in Samoa, to accord to the German representative the first term of five years as the mandatary of the other two powers. Her Majesty’s Government do not see that any exclusive control is involved in this arrangement, as under any circumstances the mandatary power can only be exercised with the consent of the other two powers, and it seems, therefore, a matter of small importance which power should be the first to exercise it. The argument in favor of the mandatary scheme is that it will prevent the control from falling into the hands of those connected with local interest and do away with the tripartite control which has been the cause of so many disputes, and which has, in fact, led to the present conference. It is to this end, therefore, that Her Majesty’s Government favor it as the only measure of establishing a salutary foreign control. I would submit that the scheme, proposed under No. 5 of the Secretary of State seems to fall short of this object, inasmuch as it leaves the door open to the same local influences that have hitherto prevailed owing to the difficulty of insuring impartial nominations in the king’s council.”

Mr. Bayard said he observed Sir Lionel spoke of the government that was first to take the mandatary office. Did he mean that there was to be an alternation, and that the power taking it first, after a term of years, was to be succeeded by another?

Sir Lionel West said it would be alternative, with the consent of the other two.

Mr. Bayard inquired what was the object of saying first? Why not say perpetual?

Sir Lionel West said it must be alternative if it came once to each.

• T. F. Bayard.
• Alvensleben.
• L. S. Sackville West.

Protocol of Fourth Samoan Conference.

Department of State,
Washington, July 16, 1887.

Confidential.]

Sir Lionel West said that, as there was some misapprehension about the phrase “alternate control” in the memorandum which he submitted at the first conference, he desired to present the following paper:

“There seems to be some misapprehension as to the meaning of the phrase which occurs in the memorandum which I submitted to the first conference, and of the remarks thereupon in the last conference. The phrase “alternate control for a limited time “does not imply the representative of each power shall be elected the mandatary in rotation, but merely indicates that the mandatary scheme bears an alternate character; for should German preponderance cease at the end of the first five years the next power possessing it in succession would, according to the German plan, exercise the mandatary power. It is distinctly understood that under the German plan prepondering interests for the time being should be taken into consideration in deciding the question as to which power should designate the representative under the approval of the other two powers.”

Mr. von Alvensleben then read the following paper:

“Concerning the nomination of the adviser of the King as the mandatary of the three treaty powers to be appointed with the concurrence of the two other powers by the power whose interests are prepondering there for the time being, Mr. Bayard repeated at the last meeting an intimation he had already made at the former meeting, that whatever may be the nominal government of the Samoan Islands it seemed to him very plain that if the German plan was followed it would necessarily result in creating them into a German possession. I presume that by referring to Germany in this association Mr. Bayard intended merely to exemplify his objection to the mandatary scheme in general, and that if, for instance, under the proposed conditions and terms the United States were called upon to make the nomination, Mr. Bayard would raise the same objections, for the reasons that these islands could not be prevented from becoming an American possession. I am, however, satisfied that the Imperial Government would readily concur in such appointment, not entertaining any apprehension of the kind alluded to by Mr. Bayard, a similar result being beyond any doubt excluded if the guaranties contained in the German proposition be secured. I desire at the same time to express my regrets that the sudden end put to our last meeting prevented my making these remarks already then.”

Mr. Bayard said the papers read by Sir Lionel West, and also by Mr. von Alvensleben, in some degree anticipated the very matters he wished to bring before them. The proposition, as he understood it, of Germany was that a preponderating interest in land and commerce should determine the selection of the chief executive officer of the proposed new government, who should hold that power for a term of years; and then came the question at the end of that term what was to become of the office and powers so exercised? Perhaps the best answer he could give to his proposition was that the exercise of this power should alternate. There was in his mind what he supposed to be the admitted basis of this entire discussion, that is, the equality of the three powers; and it mattered not whether the mandatary was an American, or a German, or an Englishman, the result of perpetuating power in the hands of either would have the same result. There was not the slightest meaning in the illustration made by him of the deposit of this power in the hands of the German which would not have been equally applicable to the vesting of the power in an American on the same principle. He had understood Sir Lionel West’s former statements to propose that the exercise of the mandatary power should be alternate, but owing to Germany’s great interests she should have the appointment for the “first term of five years.” That, however, seemed to be qualified by the paper just read by him.

Sir Lionel West said that the power might he exercised in alternation; but there was a great difference between alternation and rotation.

Mr. Bayard said he had not the slightest desire to see the American influence preponderating over the German or English; but he did desire to see the native influence upheld by all three equally and for a common purpose. The effect of exercising mandatary power in alternation would be to impose a wholesome check upon a disposition to abuse it. If an American should be chosen as the mandatary (he would not say German, because it seemed to have led to criticism), the reflection that at the end of his term he would have to hand the power over to an officer of another Government would greatly lessen the inducement to be partial toward his own countrymen and their commercial interests. The selection of any power because it had the preponderating interest seemed necessarily to tend to make that which was strong still stronger, and that which was not so strong still weaker. The effect of the mandatary power in the islands would not be confined to the interests of the three powers. This is not the case of the unopposed occupation of an empty country. It is the case of a community, primitive people, whose existence and rights the three treaty powers have separately and voluntarily recognized by solemn treaty. He did not think any arrangement permissible that would allow the Samoans to be crowded out of their natural and native homes.

He desired, also, to advert to the importance of the practical neutralization of the islands, both to the safety of the islanders and their commerce. The recognition of a preponderating commercial interest, and the power of political control in any one foreign power, would certainly endanger that neutrality if that power should become involved in war.

Mr. von Alvensleben inquired whether Mr. Bayard still maintained No. 5 of his original proposition, or whether he made a new proposition that the mandatary should be chosen by the powers alternately.

Mr. Bayard said he still believed in the subdivision of powers; that if there were only two ministers, one of foreign affairs and commerce and the other of the interior and treasury, there would still be a check upon the disposition to misuse power.

Mr. von Alvensleben then read, in relation to Mr. Bayard’s proposition No. 5, the following paper:

“By adopting Mr. Bayard’s plan to put the executive power into the hands of five, the powers would follow precisely the same course of policy which has led, as is generally acknowledged, to the most unsatisfactory results in Samoa. A co-operative assistance of the three powers in the sense of Mr. Bayard’s suggestion has hitherto taken place only in the municipal board at Apia, but it has been proved that such a threefold co-operation is not only ineffectual but injurious to the utmost degree to all foreign interests, as well as to those of the natives. After such an experience, fully confirmed by the reports of the special commissioners, especially those of Mr. Travers and Mr. Bates, who, in plain terms, assert that the three-party control would be inappropriate means to arrive at the solution of the task of this conference, it ought, under all circumstances, to be avoided to take a similar scheme into consideration, with a view of assisting the Samoans in their management of government affairs. According to Mr. Bayard’s plan, the tripartition existing, as stated, at present only in the municipality of Apia shall be extended to the executive power of the new government, with the only difference that not the three consuls, but the same number of foreigners, one of them to be nominated by the three treaty powers, shall be invested with the respective functions of the three highest officials. Without dwelling upon the obviously very considerable difficulties of finding among so small a foreign population persons fit to hold so important offices, I think it necessary to point out another serious objection to which Mr. Bayard’s plan gives rise. The latter, as I understand it, can aim only at such persons who have not been involved or compromised in any way in the events of the last years. On the other hand, it may well be assumed that all prominent foreigners, and the very persons who would alone have the qualifications for such officers, have been obliged, in the course of events, to support one party or the other in the disputes or political strifes, and it would seem to be demanding a superhuman self-denial that those persons should suddenly break with their entire political past. In my opinion, it would be in direct opposition with the object of this conference that a rivalry of the influence of the three powers, which, as they themselves acknowledge, is the principal cause of the unsound condition of the state of affairs in Samoa, and which, consequently, ought to disappear, should again be solemnly sanctioned and revived in the new organization of the Government, although in a somewhat different shape from what it is in the municipal board. The purpose of this conference is to secure lasting peace and order, and in this respect the interests of the natives and the foreigners are identical. However, by adopting Mr. Bayard’s plan the conference would lay the germ of death at the very bottom of its reformatory work and incur the grave responsibility of having done so deliberately; that is to say, without paying due attention to the experiences made in Samoa, nor to the warnings which are contained in the reports of the special commissioners, forming the basis of our negotiations. It being acknowledged that the natives in Samoa are unable to create or maintain any government without the support of the powers, assistance must be lent them in the most efficient manner. The first step in this direction must be that the powers keep a united position towards the Samoans and that this united position finds expression in their common organ, the recognized adviser of the Samoan Government. Only in such a way it will be possible to elude all party intrigues from the very beginning, as the natives would then be aware that no political party whatever could count upon any assistance from one single power. I may be allowed to quote from Mr. Thurston’s report, giving a characteristic of the Samoan people. Under 109 it is said: ‘The great object of a Samoan party when seeking to gain an ascendency is to intrigue for foreign support, and hence much of the trouble that has arisen.’

“The proposition of the Imperial Government, according to which the power having for the time being the preponderating interests in Samoa shall have the right of nominating the adviser, is now before the conference. The co-operation provided for by the two other powers with regard to the nomination, the limitation of the term of office to five years, the proposed expressed declaration to secure to the three treaty powers and their subjects in Samoa entire equality of treatment with regard to commerce, navigation, and jurisdiction, and other matters, are sufficient guaranties to remove from the very beginning the danger that by transferring that mandate to one power a political monopoly would be established in favor of the latter. A further very efficient guaranty of the same kind is to be found in Article IX of the draught convention which I had the honor to lay before you, suggesting that an express and repeated declaration should be made of the independence and neutrality of the Samoan Islands. I therefore conclude that it is not the German but the American plan which is inconsistent with the principles of this conference.”

Mr. Bayard said he would like to say another word about the question of having both a land commission and a land court. The Samoans were the natural owners of the soil, but suddenly, in the course of ten years, a lot of claimants had sprung up from foreign lands who actually demanded more than the soil itself contained. For that reason he thought it the right of the Samoans as a people to have citation made by the land court to all the foreign holders of land on the islands, in order that their titles might be brought before that court for examination. He did not understand what compromises the land commission could make or approve that the court could not equally approve. But it would be very little satisfaction to the Samoan natives to have a compromise adjusted by this land commission between two foreigners, neither of whom had any right to the land they were disputing about. The court, upon its organization, could issue its proclamation calling for all claimants of title in Samoa to file in that court by a given day a statement of their claim to title, whence derived, with plats and surveys, if any, so that the court could pass upon them. If there should be a question of conflict of title between the two claimants, involving questions of fact, it would be in the power of the court to appoint commissioners to ascertain facts; but that was not the thing meant by the word commission in the proposition of either of the other members of the conference.

Mr. von Alvensleben said it was a board, which is a beginning, and which is entirely temporary, intended to cease after the general claims have been looked into and those settled which could be settled by the land commission. Then it will cease and there will be left a land court.

Mr. Bayard said he should not stand in the way of this piece of machinery if it was considered, upon reflection, desirable to the end. If it was proposed that the commissioners should have some duty in connection with the settlement of land questions, which was not final, but that in the end there was to be final control in the land court, his object would be reached, because it would be provided that every land title in Samoa should be subjected to the examination of that court, and that claimants of title should be capable of being summoned in the public interest and not in that of the rival claimants. Claimants should not rest undisturbed in the possession of land that belonged to Samoan people, and for which the present occupants had never given a valuable consideration. If these simple, primitive people have no other means of support than agriculture, and their lands are taken from them, no matter how, there is nothing left for them but to be subjected to the most wretched servitude or else to die. He thought against that the most substantial provision should be made by electing a tribunal who could call before them everybody holding land in Samoa, and compel them to show their titles.

Sir Lionel West said the idea of the commission was simply to facilitate this, and he thought it would.

Mr. Bayard said it was a question of judgment, and he had submitted his reasons for thinking differently. It would be difficult to get men in Samoa for the two bodies.

Mr. von Alvensleben said he thought these gentlemen ought to be sent out from abroad, because every foreigner and every Samoan is engaged and interested in the land question; that Mr. Bayard had said that if there was a single court, composed of three foreigners and two natives, foreign interests would he protected, but this would not follow, because the foreigners had never kept together.

Mr. Bayard observed that perhaps that was right.

Mr. von Alvensleben said his Government, at any rate, felt the greatest sympathy for the Samoans, and meant to help them in a sincere way.

Mr. Bayard said he felt that he could not perform a more benevolent service to the people of Samoa than by having the land titles in the kingdom overhauled.

Mr. von Alvensleben said his Government was of the same opinion, and he read, in illustration, from the memorandum on land disputes submitted at the second conference, the following:

“This sort of dispute is to be withdrawn from the cognizance of the consuls and from the jurisdiction of the English high commissioner respectively; it is consonant to the general principles of justice that disputes relating to real estate should be decided by the laws and courts of the country in which the object of the dispute is situated. In the present case, however, it must be further taken into consideration that, in the absence of any sort of legal provision as to the conditions, requirements, and formalities necessary for the valid transfer of land, and in consequence of the utter complication existing in the ownership, irregularities and it may be acts of injustice have occurred, which absolutely demand an impartial decision based upon a thorough examination and investigation of the matter.

“Such disputes are to be settled in a uniform procedure and according to uniform principles to be previously laid down by the treaty powers with the agreement of the Samoan Government, by an authority to be specially instituted, and in the last instance by a land court to be specially created. For this purpose it would seem advisable, after establishing the general principles on which the decisions as to the validity of land transfers are to be based, first to appoint a commission composed of three members, each of the three treaty powers naming one. Before this commission all claims which are raised by foreigners with regard to land in the Samoan Islands must be filed within a certain period; the claims must be accompanied by the titles and other documents or duly authenticated copies relating thereto.”

Mr. Bayard said that proceeding in his mind upon a theory of what he might call the rights of the State of Samoa in these cases, which were very distinct, and oftentimes adverse to the rights of these foreign claimants, it was the right of Samoa to call all these claims into court and compel a submission of the claim of title to the land commission or court, because there was a great deal of public land occupied by people having no right to it. Such persons would desire no contest, for they were content with their possession; but he proposed that they should be called into court and their right to occupy should be established by them or else they lose it.

Mr. von Alvensleben said that as soon as any political adventurer got to the islands the first thing he did was to tell the Samoans, “You must trust me; I will get all the land back for you; I will take it away from the foreigners and you will get it.” As soon as they learn that it is intended to regulate the land claims, they will come forward with, no end of claims; but as soon as they see there are certain rules established, and that the foreigners do not mean to deal with claims not justified, they will be willing to come to an amicable settlement.

Mr. Bayard inquired whether he agreed that all land titles in Samoa ought to be overhauled?

Mr. von Alvensleben said he thought there ought to be some limit how far to go back. He thought they ought not to go further back than the time of the English and German treaties.

Mr. Bayard said that as the American treaty was the first, he was willing to go back to that. As it was agreed that there should be an overhauling of land titles, the question is, who is to do it? How could the commission proposed by the other members of the conference settle the question where a Samoan was concerned?

Mr. von Alvensleben said his proposition was that the members of the commission were to be appointed by the Samoan Government on the proposal of the treaty powers. It was further said in his memorandum—

“As far as the title deeds do not in themselves offer room for doubt as to the legality of the acquisition, all lands acquired before the conclusion of the German-Samoan and English-Samoan treaties, respectively—that is, before the 24th of January and 28th of August, 1879, respectively—and also, under the same conditions, all lands which, within the last two or three years, have been put under cultivation by the new owner, shall be registered as validly acquired without prejudice to the claims of third persons. On the other hand, the acquisition shall not be regarded as legal, and registration shall be provisionally refused in cases where the claimant is only in a position to produce, as a proof of his legal acquisition of the land, a so-called promise of sale, as well as in cases where the land has not been surveyed within two or three years following the conclusion of the sale, or where the deed of sale contains no precise description of the boundaries of the land sold, or where at the time of the conclusion of the contract the price of the land has not been paid in full to the seller, without prejudice, however, to the claimant’s right to demand a judicial decision. The commission shall he invested with the right of citing before them, through the local authorities, for examination, and of hearing as witnesses, the sellers and any other persons whom they may think fit to supply information. A very important question, especially touching land disputes between foreigners, concerns the determination of the right of ownership and disposition of the land sold on the part of native sellers. Numerous cases will present themselves in which one and the same piece of land has been sold by different persons, styling themselves the owners, to different parties, or in which pieces of land have been sold by persons whose right to the ownership and disposition of that land is disputed on the part of other Samoans. In this case the commission shall be empowered through the local government of the district in which the disputed land lies, to institute a native commission to determine the seller’s right of ownership and to lay the result of such investigations, together with the underlying motives, before the foreign commission; this decision, however, shall not be binding on the latter. Such native commissions would have also to be charged with the examination, and, if required, with the decision of land disputes existing between the Samoans themselves. Pieces of land which for ten years or more have, without dispute, been cultivated, or at least made use of by foreigners, shall, without further inquiry, be regarded as property legally owned or acquired by prescription.”

Mr. von Alvensleben said they needed a native commission to help in these cases.

Sir Lionel West said that was his idea; that the commission should facilitate.

• T. F. Bayard.
• Alvensleben.
• L. F. Sackville West.

Protocol of Fifth Samoan Conference.

Department of State,
Washington, July 21, 1887.

Confidential.]

Mr. Bayard said that in the protocol of the second conference a number of agreed points were stated, one of which was that there should be a free and unawed native election of a king, without the interference of foreigners. The proposition submitted by him at the first conference was for the election of a king and vice-king. His object was to recognize the customs and wishes of the Samoans, and to provide for a succession in case of the death of a king, so that there would be no interregnum. He was still disposed to include in the plan of government the election of a vice-king; and he desired to submit whether it would not be well, if the king and vice-king should be elected for a term of years, to provide that the term should last until a successor was chosen, in order to prevent an interregnum.

Sir Lionel West inquired whether he meant that the king should be elected for a term of years?

Mr. Bayard said he was disposed to follow the customs of the country.

Mr. von Alvensleben said he also thought the customs, of country should be followed wherever it could be done.

The election of a vice-king was then placed among the agreed points.

Mr. Bayard then referred to the question of a Faipule, and inquired whether there was objection to that?

Sir Lionel West asked whether he would make it a legislative body?

Mr. Bayard said it should retain whatever its function was before.

Mr. von Alvensleben said they did not meet regularly, although no matter of importance was transacted without their being consulted about it.

Sir Lionel West said he supposed it might be called a legislative assembly.

Mr. Bayard said that he had found the Faipule in the commissioners’ report of existing customs as a legislative assembly, and for that reason he had retained it as such in his plan. The question was whether it would not tend to give satisfaction to the people to have this popular assembly to which they could send their representatives.

Mr. von Alvensleben inquired whether it would not be best to agree that the Faipule should exist, but not to define its powers yet. This would be left to a further understanding. The Taimua would be taken into the king’s council.

Mr. Bayard said that it might be agreed that the election should cover a king, a vice-king, and a Faipule, without any further definition as yet of the Faipule power.

Mr. von Alvensleben said that the Faipule should be elected by districts on a certain ratio of population—say, as proposed, one representative for every 2,000 of population, and no over the whole country, because the Samoans would not understand it.

Mr. Bayard said he understood that there would he required the aggregate vote of the whole group for the king and vice-king, but that each district would elect its own representatives to the Faipule.

Sir Lionel West said by that they recognized the broad principle of an elective assembly.

Mr. Bayard said: Yes.

Mr. Bayard then referred to the land question, in respect to which there were three propositions before the conference. On page 3 of the protocol of the first conference it would be found that he had proposed a single land commission or court, of original and final jurisdiction, who should inquire into the nature and extent of each and every land claim by foreigners. It was proposed that this commission should consist of five members, appointed by the king, three to be appointed on the nomination of the powers, and the remaining two to be selected by the king, in order to recognize Samoan customs in relation to land.

In the paper submitted by the British minister at the first conference, it was proposed that there should be an “international land court,” and that in order to facilitate its workings, “the existing land claims of foreigners should be disposed of by a commission,” previously to the establishment of the international land court (Protocol, 1 Conf., p. 7). Before coming to the German proposition, he desired to ask whether the plan of Great Britain contemplated anything more than a commission in aid of the court; and whether that was the extent of the machinery proposed by the British Government to test the land question?

Sir Lionel West said it was.

Mr. Bayard said that in the paper submitted by the German minister at the first conference, it was said that “the irregularities which are known to have occurred in regard to the acquisition of land, and the disputes to which they have led between foreigners and natives, make it appear expedient to consider the establishment of a special international court for the decision of claims and disputes relating to lands; and it was further said that in the composition of this court due consideration will have to be given to the nationality of the parties.” (Protocol 1, Conf., p. 6.)

In the second conference the German minister explained that the international body would constitute merely a commission to prepare for the court; and he submitted, by instruction of his Government, a memorandum on land disputes, containing a scheme of procedure. In his memorandum it is declared to be “consonant to the general principles of justice that disputes relating to real estate should be decided by the laws and courts of the country in which the object of dispute is situated;” and it is then proposed first to appoint a commission composed of three members, each of the three treaty powers naming one. Now, agreeing to the doctrine that disputes concerning realty should be decided by the laws and courts of the country in which it is situated, it seems that the courts whose judgments were to settle those conflicting claims ought to contain a native element. If, in addition to the three foreigners, there were two natives in the tribunal, the result would be that in the discussion of cases prior to judgment a knowledge would be given of native customs, and native rules in respect of the transmission of land. The opinions of the two natives would not be conclusive upon the other three judges, but would inform them, and the further object would be reached that the natives would feel that whatever the decision, they had a voice in making it, and they would pay greater respect and more voluntary obedience to the tribunals in which their customs and people had been fairly represented.

He had been unable to change his opinion that there is no function which the two bodies, the commission and the court, can perform, which the court could not efficiently perform with more directness and less complication. Still, if Great Britain and Germany agreed that it was desirable, he would, in order to reach an agreement, recommend the establishment of a land court, and also of a land commission who may perform preliminary functions of arranging business, with the understanding that the final decision rests with the court. He inquired whether the theory of the British suggestion went beyond this.

Sir Lionel West said: No, not at all. You have described it.

Mr. Bayard said: Then the statement I made last will be satisfactory to your Government?

Sir Lionel West said: I think so, thoroughly,

Mr. Bayard said he hoped it would be so to the Government of Germany, although he found in the more elaborate plan of the German Government a pursuit of the idea of commissions that was not very definite. In this plan, submitted at the second conference, it was declared to be “consonant to the general principles of justice that disputes relating to real estate should be decided by the laws and courts of the country in which the object of the dispute is situated;” that, owing, however, to the condition of Samoa, it is necessary that the disputes there should be “settled in a uniform procedure and according to uniform principles to be previously laid down by the treaty powers with the agreement of the Samoan Government, by an authority to be specially instituted, and in the last instance by a land court to be specially created;” that the first body or commission should consist of three members, each of the powers naming one, to be appointed by the Samoan Government on the proposal of the powers; that before this commission all claims which are raised by foreigners with regard to land in the Samoan Islands must be filed within a certain period, the claims must be accompanied by the titles and other documents or duly authenticated copies relating thereto (2d Protocol, pp. 12, 13); that the “commission shall be invested with the right of citing before them, through the local authorities, for examination, and of having as witnesses the sellers and any other persons whom they think fit to supply information;” that in case, however, of sales by different natives of the same piece of land claimed by all, the commission may institute a native commission, but the decision of the latter is not to be binding on the former. The foreign commission is to be “authorized to give a provisional decision as to disputes relating to possession and ownership of land, or to effect an amicable arrangement. Whenever Samoans are involved as parties in such disputes, the foreign commission shall invoke the co-operation of a Samoan chief to be nominated by the government of the district where the land lies, or of the Samoan judge at Apia.” From the decision of the commission there is to be an appeal to the land court, which is to be “composed of a judge nominated by the Samoan Government, and of the consul or of one of the prominent countrymen of the litigant.”

Such was the plan submitted by the German minister in detail. It differed in two material points from the plan proposed by the British minister at the first conference. His proposition was, that there should be an “international land court” preceded by a commission. The “international court” suggested by the German minister at the first conference meant the land commission. The “land court” described in the plan submitted by him at the second conference is not international in the sense in which it is supposed that term was intended to be understood when used by the British minister at the first conference to designate the tribunal of final decision. The second point of difference was that the German plan contains a provision for a third commission or numerous commissions to be set up at the option of the principal or foreign commission. Thus, Mr. Bayard said, there were three plans before the conference. The first was that submitted by him for a single body of five members, three foreigners and two natives; the second was that submitted by the British minister for a commission and an international land court; and the third was that submitted by the German minister for a foreign commission of three members to be assisted in certain cases by a native person; a land court whose composition is not definitely stated; and such native commissions as the foreign commission may see fit to call into existence.

It was proposed in the memorandum submitted by the German minister that the “final settlement” of land disputes should take place by the “judicial decision of the land court.” But it is to be composed only of a judge to be nominated by the Samoan Government and of the consul or one of the prominent countrymen of the litigant.

He observed that the term “litigant” was employed in this relation as meaning the foreign claimant. The plans says “the consul or one of the prominent countrymen of the litigant.” If that was the uniform signification of the term as used in the plan, then it made no provision for an appeal by a native from the decision of the land commission. “The litigant shall have the right of appeal from the decisions of the commission, or of demanding a judicial decision by the land court” (2d Protocol, p. 14). Did this give a native claimant a right of appeal?

Another feature to be noticed in the plan submitted by the German minister for a land court was that while it was referred to as a court of appeal, it had no settled constitution and could not be guided by any settled rules. With such a body, or diversity or multiplicity of bodies, to sit in final judgment, it was not seen how the result of a uniform laud system could be expected or reached.

Moreover, the plan for this court did not contain the recognition of a native element, and instead of containing anything like simplicity (he thought the English plan had exceeded practical utility) it would lead to the continual employment of inconvenient native commissions without any uniformity of decision, which, after all, is the great basis of safety as to land title.

Mr. von Alvensleben said he wished to draw attention to one paragraph in his memorandum, namely:

“In the present case, however, it must further be taken into consideration that in the absence of any sort of legal provision as to the conditions, requirements, and formalities necessary for the valid transfer of land, and in consequence of the utter complication existing in the ownership, irregularities, and it may be acts of injustice, have occurred, which absolutely demand an impartial decision based upon a thorough examination and investigation of the matter.”

Although the decision of land disputes by the law and custom of the place is a proper principle, there should, in the present instance, be an application of some modifications to that principle, and his Government wished the Samoans to be heard in dealing with these land claims. He did not think it possible that the natives should belong to the court, as they are too much interested, just as much as every foreigner who is there; and therefore he thought such a commission could only be composed of people who went to Samoa free from local influences, and who were sent out by their Governments. But in order to take into consideration the interests of the natives, they would call native commissions as soon as native interests were involved, and the settlement would be made according to the customs of the country.

Mr. Bayard said that a tribunal of three foreigners might reach a disinterested decision, but that was not what was proposed. The memorandum of the German minister said: “The final settlement of the land disputes takes place by the judicial decision of the land court.”

And further: “The latter is composed of a judge to be nominated by the Samoan Government, and of the consul or one of the prominent countrymen of the litigant.”

Mr. von Alvensleben said the intention was that this land court should be composed of a judge to be named by the Samoan Government and the consuls or prominent countrymen of the nationalities to which the parties belong, so that the different parties should each be represented.

Mr. Bayard said that was creating, therefore, a special court in each case.

Mr. von Alvensleben said certainly; judges would change according to the nationality of the parties. There will always be a Samoan judge appointed by the Samoan Government, and he would be assisted by the representatives of the parties. If there were two parties of different nationalities engaged in a dispute, they would both be represented. If a German and American, there would be the consuls “of the two countries, and they would assist the judge.

Mr. Bayard said: “Suppose a German and an Englishman take an appeal from the decision of the land commission, before what tribunal would they go? Before a judge named by the Samoan Government, a man named by the Englishman, and another named by the German. The litigants would take care to select their own friends, and then the judge appointed by the Samoan Government would make the final decision. Was it supposed that by creating a special tribunal in each case uniformity in decision would be attained? The idea had been to found something as near civilization as possible, and in judicial decisions it was essential that there should be stability and a system; that the laws should be laid down by the court, and that it should adhere to them. And unless there was some uniformity of decision there would be hopeless injustice. If in each case, after the land commission, composed of representatives of the three powers, had acted, there was an appeal in the manner suggested by the German minister, each tribunal would have a law for itself.”

Another thing he would notice was the proposition to introduce the consul of the litigant into the tribunal, although the interference of the consuls in other matters was deemed unadvisable on account of their partisanship. He desired to inquire also whether the object of the conference would not be better reached by infusing into the court of last resort a native element which would, as a matter of numbers, be under the control of the representatives of the three treaty powers. According to the plan of five proposed by him there would be native representation and uniformity of decision, and the court would not ask what was the nationality of the claimant but what was the basis of his claim? Besides, in all courts of last resort there ought to be uneven numbers to prevent a dead-lock. According to the German minister’s plan if there were three claimants the court would consist of four members.

Mr. von Alvensleben inquired who ought to preside in the tribunal proposed by Mr. Bayard?

Mr. Bayard said he would let the five men select him. This, however, was very important. He might be a German. He would have no more power than the rest. The object of having a presiding judge was to direct the business of the court, and the majority of the court would make the decision.

Mr. von Alvensleben said experience had taught that the foreigners never kept together.

Mr. Bayard said that the foreign officials in Samoa heretofore had not been there as judges under the Samoan Government, but as the official representatives of foreign powers.

Mr. von Alvensleben said that if the five judges were taken from Samoa there would be divisions from the beginning; because everybody there was interested in some way or another.

Mr. Bayard said that if a judge was interested he could not sit. He supposed, however, that men could be found who did not own land.

Mr. von Alvensleben said he thought not. As to the Samoans, they were all related to each other, and the characteristic given of them by Mr. Thurston is that they are rather untruthful, so that they would be quite ready if they could get the favor of any nationality in a land dispute to favor that nationality for that purpose, He was opposed to such a composition of the court as that.

Mr. Bayard asked whether he would exclude the Samoans from all voice in the decision of the titles of land?

Mr. von Alvensleben said he thought the proportion of two Samoans and three foreigners was not according to the plan of his Government. Besides the foreigners in Samoa were certainly not less interested in the land question than the Samoans, so that if one can not find disinterested foreigners there one will have to take them from abroad.

Mr. Bayard said: Suppose you eliminate, for the purpose of discussion, the Samoan element entirely, and you create three judges as a court of final resort; you first let the commission organize and take what testimony they please and make what finding they please. If the finding is satisfactory to the parties concerned it stands; if an appeal can be taken by either it comes before the court composed of the nominees of the three Governments. Would that relieve the question?

Mr. von Alvensleben said: No; that would come almost to the same thing. We say we are ready to have the judge placed by the Samoan Government at the head of this supreme land court, and to have called as his assistants the two representatives of the nationalities concerned. He thought, however, that the principal point of all was that an understanding should be reached in regard to the formation of the government, because all these discussions on the settling of land disputes seemed to him at present but preliminary.

Mr. Bayard inquired whether the land commission was not an essential part of that government.

Mr. von Alvensleben said that the salary of the judges had to be paid by the government, so that he thought the land commission could only begin its work after the government had been established. He had proposed that the judge should be appointed by the Samoan Government. As there was a judge to be appointed by the Samoan Government, he thought it one of the principal things that they should agree on the government, and he asked whether Mr. Bayard stood on his proposition that the powers of the government should be given to five men, or whether he was inclined to accept the German proposition, which is to place the executive power in the king and adviser?

Mr. Bayard said he did not leave the composition of the land court as a separate body to depend upon the composition of the executive branch of the government. If it did the executive power would control the judge. The king of Samoa had already been named. There was also a suggestion of creating a mandatary, having all the powers of the king’s office, but not having the name. That has not been agreed to, but it has been suggested.

Mr. von Alvensleben said the mandatary or adviser would have to appoint the judge and the king would have to confirm him.

Mr. Bayard said it seemed to him that that reduced the matter to an absolutism. They embarked upon the conference with a declaration of the absolute equality of the three powers, and that they were acting in an advisory capacity towards the Samoan people, and that they desired to preserve the independence and autonomy of the islands and absolute equality of treatment in respect of commerce, navigation, jurisdiction, etc.; and it is further stated that it was intended that there was to be no inequality whatever in respect to the influence to be exerted by the three Governments upon this community; that, whether their interest was little or large, the basis of their approach to this question was the equality of the three treaty powers in dealing with the subject of Samoan government. At no time, to his knowledge, had he made a suggestion of the inequality of the three powers in dealing with the subject before them. They approached it with equal responsibility and equal right to deal with it. It was understood that they all had agreements in the form of treaties with this people and were disposed to stand by them. This is found in the united representation of the three powers that the existing treaties were to remain. When he submitted his plan for the establishment of peace he touched the matter in such a way as to recognize Samoan rights and interests, and also an equality in the action of the three Governments towards them. The first intimation he found that there was to be an unequal degree of influence exercised by any one of the three powers was in the remarks of Mr. von Alvensleben at the second conference (Protocol, p. 7), in which he says:

“There is only one course left for asserting foreign influence with the Samoan Government, which is so necessary for the general interest, and this is to place one foreign officer at the head of the administration, and to invest him with sufficient rights and powers to take the measures required for the maintenance of peace and order, as well as for the prosperous development of commerce and intercourse. As the authority of this official is to be noticeable in an unequivocal way to the foreigners as well as to the natives, it is commendable that the appointment should not be left to the Samoan Government, but be made by agreement between the treaty powers. At the same time it would appear that the power having to protect the largest interests in Samoa should be given the right to nominate the official whose duty it shall be to control the native government.”

Mr. Bayard said the executive power should not be given to protect the largest interests in Samoa at all; it was to protect all the interests in Samoa. If a German agent, or governor, or mandatary was appointed he should be appointed just as much in the interest of the American people as the German.

Mr. von Alvensleben said that was understood by his Government.

Mr. Bayard said then it ought to appear as the principle the powers were acting on. It had been said that the “power to protect the largest interests in Samoa should be given the right to nominate the official whose duty it shall be to control the native government.” If this was to be a government for all, there was no reason why a right should be given to protect certain interests. The German minister had further said:

“It can not therefore be expected that she (Germany) should consent to remain more or less excluded from the efficient control of the country and have it pass to one of the two powers who have less interests.”

That was a clear proposition of inequality on its very face. If Germany could not be expected to consent to remain more or less excluded, how could she expect another power to remain so? There was upon the very proposition of exclusion the mark of inequality which is in contradiction to the idea with which the conference began.

In Sir Lionel West’s memorandum, on page 7 of the protocol of the first conference, he said:

“Assuming that tripartite control is impracticable, the solution of the difficulty would seem to be an alternate control for a limited period of either one of the three powers. In the event of coming to this agreement, the question naturally arises as to which power shall be chosen the mandatary of the other two in the first instance, and Her Majesty’s Government consider that preponderating commercial interests should be taken into consideration in deciding it.”

In the paper which he read at the third conference Sir Lionel West said:

“It is admitted by the three powers that foreign intervention can alone insure the stability of the native government, which it is sought to establish in Samoa, and that the tripartite control which has heretofore been exercised has proved abortive. The mandatary scheme does not involve the recognition of any preponderating interests which, as the Secretary of State has justly remarked, ought not to be taken into account as dealing with the matters before the conference. The German Government, as well as Her Majesty’s Government, moreover, do not assert preponderance of interests as an argument in favor of the scheme. Indeed, they have asserted that there shall be absolute equality of treatment in respect to commerce, navigation, and jurisdiction should it be adopted, but Her Majesty’s Government are willing, seeing the great interest Germany has in Samoa, to accord to the German representative the first term of five years as mandatary of the other two powers. Her Majesty’s Government do not see that any exclusive control is involved in this arrangement, as under any circumstances the mandatary power can only be exercised with the consent of the other two powers, and it seems, therefore, a matter of small importance which power should be the first to exercise it.”

Mr. Bayard said these two statements seem to him to conflict.

Sir Lionel West said he thought they were in perfect accord.

Mr. Bayard then asked whether he could read, as expressive of Sir Lionel’s views, that—

The mandatary scheme does not involve the recognition of any preponderating interests, which ought not to be taken into account in dealing with matters before the conference.

Sir Lioual West said: Certainly.

Mr. Bayard asked Mr. von Alvensleben whether he agreed to that.

Mr. von Alvensleben said he thought that the preponderating interests had to be taken into consideration for the purpose of finding who was to be intrusted with the mandate.

Mr. Bayard asked whether, in the statement “that it can not be expected that Germany should consent to remain more or less excluded from the official control of the country and have it pass to one of the two countries who have less interests,” Mr. von Alvensleben would be willing to strike out Germany and insert the United States or Great Britain.

Mr. von Alvensleben said as soon as the United States or Great Britain had the largest interest.

Mr. Bayard said that was not the question. How could Germany expect either Great Britain or the United States to agree to a scheme which would more or less “exclude” them from the efficient control of the country? That placed the matter in a position in which he was unwilling to see it placed.

Sir Lionel West said that he did not understand that the German plan involved exclusive control.

Mr. von Alvensleben said it did not, as all guaranties had been stated which were thought necessary to surround the mandate.

Mr. Bayard said he had adverted to the matter to save time, and he thought that if they could have settled the question of the land commission they would have made a great headway. He looked upon that as being the corner-stone of the whole arrangement, to find some harmonious rule for the regulation of land ownership in the group, and of making consistent decisions in an established court. The German minister, however, had in this relation brought up the question, what was to be the Samoan Government, which was to appoint the land court, and this had led him to notice what seemed to him to be the conflicting statements of the British minister; but as he had explained them preponderating interests ought not to be taken into account in dealing with matters before the conference.

Sir Lional West said: Certainly not; then we would be unequal.

Mr. Bayard said the proposition in the German plan was to make the preponderating interests the beginning, end, and middle of the whole scheme of government.

Sir. Lionel West said he did not see it.

Mr. Bayard said he thought he could show it, and would endeavor to do it at the next meeting, in writing. Under the acknowledgment of the equality of the three powers suggestions had been made which would necessarily create an inequality which would grow; and the land scheme had been brought within the same principle.

Sir Lionel West said his Government had made no specific proposition as to the constitution of the land court.

• T. F. Bayard.
• Alvensleben.
• L. S. Sackville West.

Protocol of Sixth Samoan Conference.

Department of State,
Washington, July 26, 1887.

Confidential.]

Mr. von Alvensleben read the following paper:

“I fail to perceive how Mr. Bayard could draw the inference he did at our last meeting from the statement which closed the memorandum I read at the second conference. This sentence was merely intended to illustrate the mandatory scheme as proposed by the Imperial Government, and can not fairly be taken alone, as it then may lead to misapprehensions such as I find Mr. Bayard to be under. The meaning of that sentence is that Germany having the largest interest in Samoa she claims to be intrusted by the two other powers to exercise there as well as for her own interests as for those of Great Britian and the United States, the efficient control. If this would seem to create any appearance of inequality of rights, this would, however, be merely an appearance, as naturally the establishment of the whole government can only be made in this conference by the cooperation of the three treaty powers on a thoroughly equal footing, and therefore the mandatory scheme can only be carried out with their consent. I hardly need repeat, as the three special commissioners agreed in their reports, no native government would offer any guaranties of stability unless it is assisted and controlled by one common organ of the three powers. This is the argument on which the mandatory scheme has been based, and not on the mere fact of the preponderating interests of either one power.

“Mr. Bayard said he would not at the moment make any comment on that statement, because upon hearing it read he did not recognize any substantial change in the result. The plan submitted by the German minister remained unaltered in its principle, and necessarily in its results, by the paper which he had just read.”

Mr. Bayard then read, in accordance with the purpose expressed by him at the last conference, the following paper:

“In the ‘plan for the establishment of peace and civilization in Samoa, under the co-operative support of the Governments of the United States, Germany, and Great Britain,’ submitted by me on behalf of the United States (Protocol 1st Conference, p. 2), I expressed my conception of the purpose of the present conference in the following language:

• “‘(1)The independence and autonomy of the kingdom composed of these islands are to be preserved free from the control or preponderating influence of any foreign government, and it was in pursuance of this understanding that commissioners were recently sent by the three powers, respectively, to investigate and report upon the conditions of the islands, and that the respective consuls of the three powers at the islands were changed.’ immediately after this declaration, and as a necessary inference therefrom, I stated the following proposition:
• “‘(2) It is the desire of the United States, and equally of Germany and Great Britain, to assist the natives of Samoa to form and administer their government.’

“In respect to the principal object of the conference—the maintenance of the independence and autonomy of the Samoan Islands and the co-operative support of a native government—I am pleased to notice that my understanding is confirmed by the respective declarations of the German and British ministers. The memorandum read by the former at the first meeting of the conference began as follows:

“‘The unsettled condition of affairs on the Samoan Islands having gradually become more and more injurious to the foreign residents and to the commercial interests of the three treaty powers, the latter had to take into serious consideration the means by which the lasting peace and order could be restored there. With this view and the understanding that the independence of Samoa under a native government was to be maintained, and that no monopolies should be created there by any foreign power, the three treaty powers have agreed to the proposition of the Government of the United States of America to hold a conference of plenipotentiaries. It was further agreed that, in order to get complete and reliable information on which the conference would have to base its deliberations, special commissioners should be sent and instructed by the respective Governments to report on the condition of those islands.’

“The memorandum read by the British minister at the same meeting was as follows:

“‘It is understood that the three powers have no desire to found colonies in Samoa or to obtain commercial monopolies. Their sole wish is to establish the right and equality of commerce and navigation for their respective subjects and citizens. Assuming, then, that the three powers have no desire to destroy the independence of Samoa, but only seek to establish the right and equality of their commerce and navigation, a declaration to this effect might be made by them as a preliminary step. It was, however, deemed expedient to ascertain the exact state of affairs in the islands by sending special commissioners who should report thereon.’

“It may therefore be regarded as fully recognized and established that the object of the United States in proposing the present conference, and of all three powers in sending commissioners to the Samoan Islands to report on the condition of affairs, was to maintain the autonomy and independence of the islands under a native government.

“Such being the declared object of the conference, I have listened with regret to plans and suggestions that appeared to me to depend upon the recognition of an inequality of interest of the three powers in the political, moral, and commercial welfare of the islands, and to look unequivocally to the virtual suppression of their native government. And in this relation I shall refer first to the plan suggested by the German minister, and approved by the British minister, for the appointment of an adviser to the king. In the memorandum read by the German minister at the first meeting of the conference the functions of the proposed foreign adviser are described as follows:

“‘This adviser, who is to act as the mandatary of the three treaty powers, will have to discharge, under the nominal responsibility of the king, the government affairs. He will have to control all necessary measures with regard to the maintenance of public order in general, and especially to the security of any kind of property of foreign residents. This adviser, whose position would be virtually that of a prime minister, to be nominated by the treaty power having for the time being the preponderating interests in Samoa. The nomination needs the approval of the two other powers. The first appointment to be made for the term of five years in the first instance, and at the expiration of that period a fresh appointment to be made on the same terms and conditions. In the event of the appointment becoming vacant during the said term of five years through the death, resignation, or removal of the adviser, another person shall be similarly appointed to hold the office for the remainder of the said term.’

“The three leading features of this plan are: (1) That the ‘responsibility’ of the king in the affairs of the government is to be merely ‘nominal;’ (2) that the adviser is to ‘control all necessary measures’ to an undefined extent; (3) that he is to be appointed by the power having the ‘preponderating interests’ in Samoa, and that at the expiration of five years a fresh appointment is to be made ‘on the same terms and conditions.’ It is true, it is stated, that the nomination is to receive ‘the approval of the two other powers.’ But this merely affects the nominee, and not the power that makes the appointment; for ‘preponderance of interests’ is merely a question of fact. And the preponderance of material interests of any one power in the islands being acknowledged, that power would, if the plan submitted by the German minister be accepted, have the right to appoint and re-appoint as long as such preponderance continued, whether another power objected or no. Thus, while the actual appointment by the power having preponderating material interests would have to be approved by the other two powers, its right to make the appointment could not be questioned as long as the preponderance lasted.

“That this proposition (however consonant it was supposed to be with the declared object of the conference) might suggest a doubt seems not to have been unappreciated, for immediately after the statement of the plan the German minister said:

“‘In order to avoid every misapprehension of the situation by the placing of the representative of one of the treaty powers in the most prominent position of the Samoan administration, it will be expedient to formally acknowledge anew the principle—already contained in the existing treaties with Samoa—of absolute equality of treatment in respect of commerce, navigation, jurisdiction, and all other matters whatsoever to be secured to the three powers and to their subjects and citizens.’

“How far the proposition of the German minister in respect to the adviser is supported by the British minister I am unable precisely to ascertain. In the memorandum read by the latter at the first meeting of the conference I find the following:

“‘All three commissioners seem to recognize also the difficulty of tripartite control, such as more or less has been hitherto exercised; while at the same time they deprecate the establishment of the exclusive control of either one of the three powers. Assuming that the establishment of a native government, to be carried on by the king, who may be elected, assisted by a native council, is necessary to preserve the autonomy and independence of the islands, and which can only be established under foreign control, and assuming that tripartite control is impracticable, the solution of the difficulty would seem to be an alternate control for a limited period of either one of the three powers. In the event of coming to this agreement, the question naturally arises as to which power should be chosen the mandatary of the other two in the first instance, and Her Majesty’s Government consider that preponderating commercial interests should be taken into consideration in deciding it.

“‘Since Mr. Thurston, Mr. Travers, and Mr. Bates all seem to concur that this preponderance is possessed by Germany to a greater or less extent, Her Majesty’s Government are therefore prepared to consent to the mandatary power being exercised by the German representative for first term of five years, absolute equality of treatment in respect of commerce, navigation, and jurisdiction, and all other matters whatsoever to be secured to the three powers and to their subjects and citizens.’

“Thus, while the British minister concurred in the proposition for a single adviser, he said that, in the event of an agreement on that point, the question would arise as to which power should be chosen as the ‘mandatary of the other two in the first instance;’ that Her Majesty’s Government considered that preponderating commercial interests should be ‘taken into consideration in deciding it;’ and that as Germany had the preponderating interests, Her Majesty’s Government were prepared to consent to the mandatary power ‘being exercised by the German representative for the first term of five years.’

“In a paper read by him at the third session of the conference the British minister said (Protocol, p. 6) that the mandatary scheme did not involve ‘the recognition of any preponderating interests which, as the Secretary of State has justly remarked, ought not to be taken into account in dealing with the matters before the conference;’ that Her Majesty’s Government did not see that any ‘exclusive control’ was involved in the arrangement, as the mandatary power ‘could only be exercised with the consent of the other two powers,’ and it seemed, therefore, a matter of small importance which should be the ‘first to exercise it.’

“When I observed that the British minister spoke of the Government that was to be the ‘first’ to take the mandatary office, and inquired whether he meant that there was to be an alternation, and that the power taking the office ‘first’ was after five years to be succeeded by another, he replied that it would be alternative, ‘with the consent of the other two;’ and when I further inquired what was the object of saying first,’ and why not say ‘perpetual’ he replied that it must be alternative ‘if it came once to each.’

“At the fourth session of the conference the British minister, in explanation of the phrase ‘alternate control for a limited time,’ previously employed by him, said that it did ‘not imply that the representative of each power’ should be elected in rotation, but merely that the mandatary scheme bore an ‘alternate character; for should German preponderance cease at the end of the first five years, the next power possessing it in succession would, according to the German plan, exercise the mandatary power. It is distinctly understood that under the German plan preponderating interests for the time being should be taken into consideration in deciding the question as to which power should designate the representative under the approval of the other two powers.’

“This statement, I observe, while it adverts to a preponderance of interests, goes no further than to say that ‘preponderating interests for the time being should be taken into consideration’ in deciding the question as to which power should ‘designate the representative under the approval of the other two powers;’ and, as the British minister stated, at our last meeting, that his prior declaration that ‘the mandatary scheme does not involve the recognition of any preponderating interests which ought not to be taken into account in dealing with the matters before the conference,’ could be read as expressive of his views, I am unable to find an express adherence on his part to what I understand to he the proposition of the German minister, namely, that while the first and subsequent appointments of a mandatary are to be made by one power subject to the approval of the other two, yet the power having the preponderance of interests is to have the unquestioned right of appointment, subject only to the approval by the other powers of the person appointed.

“Between this proposition and the proposition that the power having the preponderance of interest shall appoint, if the other two powers consent, there is, to my mind, a vast and essential difference. The latter proposition, while not without objectionable features, would not place the right of appointment solely on the ground of preponderance of interests. It could not be exercised on that ground alone, because the consent of the other powers would be required to the exercise of the appointing power each time an appointment had to be made.

“But if it be admitted that the power having the preponderance of material interests shall for that reason make the appointment, subject only to the approval of the appointee by the other powers, then, in my opinion, preponderance of interests and consequent inequality of influence are made the actual basis and controlling principle of the whole scheme of government.

“Of this view of the mandatary scheme, as presented by the German minister, I can find no stronger confirmation than his own argument in its favor, in which, after stating the preponderance of German interests, he says: ‘It can not, therefore, be expected that she (Germany) should consent to remain more or less excluded from the efficient control of the country and have it pass to one of the two powers who have less interests.’ (Protocol 2d Conference, p. 7.)

“If placing the powers of the adviser in the hands of a representative of one of the other powers would mean the exclusion of Germany, then I am unable to see why placing those powers in the hands of a representative of Germany would not equally mean the exclusion of the other powers from influence in the management of affairs.

“But this is not all. Not only is the idea of exclusive control thus pointedly deduced from the mandatary scheme and made an objection to the exercise of the mandatary powers for the ‘efficient control of the country’ by any other power than that having preponderance of interests, but the scheme as set forth involves, in my opinion, the virtual displacement of native government, and, instead of native government with foreign assistance, means the absolute and undefined control of the affairs of the islands by a single foreigner. On this point I quote from the German minister’s exposition of the mandatary scheme at the second session of the conference (Protocol, p. 7), as follows:

“‘There is only one course left for asserting foreign influence with the Samoan Government, which is so necessary for the general interest, and this is to place one foreign officer at the head of the administration and to invest him with sufficient rights and powers to take the measures required for the maintenance of peace and order, as well as for the prosperous development of commerce and intercourse. As the authority of this official is to be noticeable in an unequivocal way to the foreigners as well as to the natives, it is commendable that the appointment should not be left to the Samoan Government, but be made by agreement between the treaty powers. At the same time it would appear that the power having to protect the largest interests in Samoa should be given the right to nominate the official whose duty it shall be to control the native government.’

“In my opinion, to give a single adviser ‘sufficient rights and powers to take the measures required,’ not only for the ‘maintenance of peace and order,’ but as well for the ‘prosperous development of commerce and intercourse,’ is to invest that foreign official with the absolute power (legislative as well as executive) of government; and to say further that his appointment (not nomination) ‘should not be left to the Samoan Government, but be made by agreement between the treaty powers,’ and that it shall be his ‘duty to control the native government,’ only emphasizes the virtual destruction of the native independence and autonomy. The result would be the same whether the adviser exercised his powers with impartiality, or whether he was influenced in his official conduct by the fact, of which his appointment would be the evidence, that the most extensive foreign interests with which he had to deal were those of his own countrymen.

“To these objections to the advisory plan, as presented, which have been substantially stated by me heretofore, the only answer I have as yet seen is that the power which is to appoint the adviser gives, under the plan, every reasonable ‘guaranty’ for the fair exercise of the functions with which he is to be invested. This argument, as it seems to me, instead of meeting the objections, admits their validity. The United States did not enter upon the present proceeding with the idea that it was either to give to or receive from any foreign power any guaranty for the good government of the Samoan Islands, and, indeed, such a step would have been inconsistent with its general and well-understood policy. It had treated with the Samoan Government as an independent and responsible government, and to that government alone has looked for the performance of its conventional engagements and the protection of American interests thereunder. So it has been with the other governments represented in this conference. A guaranty, however, necessarily suggests the idea of actual and responsible control. And for one power to give, and the other powers to accept from it, a guaranty for the good government of the islands, far from being in the direction of the maintenance of the native autonomy and independence, which the powers have heretofore always recognized, would be a step backwards, and in the direction of the effectual enfeeblement and ultimate obliteration of the native autonomy.

“When we consider the outline of the plan for the settlement of land titles, submitted by the German minister, the sweeping and pervasive authority of the ‘adviser’ is disclosed with equal clearness. In the plan proposed by me for the support of the native Government, the land question occupied an essentially prominent place. The same may be said of the plans submitted by the other members of the conference; for, as it was admitted that the land claims of foreigners far exceeded the area of the islands, the necessity of providing for the natives some means of escape from demands so clearly unwarranted was recognised on all hands. These plans are now before the conference. That submitted by me was for a single judicial body, of original and final jurisdiction, to consist of five members who should be appointed by the king, three on the several nomination of the three treaty powers, and two of his own selection. The British minister proposed a land commission to be succeeded by an ‘international land court.’ The German minister, in his plan, has proposed a land commission of three foreigners, with power to create subcommissions of natives, whose decisions, however, are not to be conclusive on the questions submitted to them, and this foreign commission to be followed by a land court.

“This land court is to be composed of a judge appointed by the ‘Samoan Government,’ and the consul or consuls, or a prominent countryman or countrymen, of the litigant or litigants. I adverted at our last meeting to the fact that I had discovered no provision in this plan for an appeal by a native from the commission to the land court, and also to the uncertain and shifting constitution of this tribunal, which would preclude uniformity and certainty of decision, and might, in certain cases, lead to a deadlock.

“But the point to which I desire now to advert is that the ‘Samoan Government,’ which is thus to appoint the ‘judge’ of this land court of last resort, is the foreign adviser, who, as the German minister stated, would make the appointment, the king simply confirming it. As the appeals to the land court would, perhaps, generally rest between two contestants or claimants, this would give the adviser the appointment of the person to cast the deciding vote. There is, moreover, nothing in the plan to prevent the adviser from acting as the judge himself (as, indeed, I understood the German minister to intimate might be done), thus combining the functions of supreme, executive, and legislative control with those of supreme land judge. And it can hardly be supposed that the addition of judicial to executive and legislative functions would detract from his authority.

“The plan submitted by me provided, in my judgment, for the full recognition of native rights, as well as for the complete protection of foreign interests. The suggestion heretofore made that, by reason of not voting together, the foreign judges would not secure foreign claimants against the interested views and inclinations of the two native judges, is not, to my mind, by any means conclusive against the plan. I should not think it desirable to see the foreign judges assuming a position suggestive of opposition to native claimants, and indicative of an opinion that their claims were generally not well founded.

“As to the places from which the foreign judges proposed by me, as well as the foreign members of the executive council, should come, I make no suggestion or proposition, as to whether they should be Samoan residents, or sent out from the territory of the power making the nomination. Should the latter alternative be thought desirable, I can see no objection to its adoption.

“In reply to the argument made by the German minister against the plans proposed by me for an executive council, that it would involve and perpetuate the calamities of tripartite control, as heretofore attempted in the municipality of Apia, I desire to point out in the first place that the council proposed by me was to consist of five persons and not of three, and that two of the five, the king and the vice-king, were to be native Samoans. In the second place it is to be observed that following out the idea that the government was to be native, independent, and autonamous, the three foreign nominees proposed by me were not, like the consuls, to be the official representatives of the three powers, but were to be appointed by the king of Samoa, and to be officers of the Samoan Government in the fullest sense, receiving their salaries from that government and in no way dependent upon, or under or subject to the control of, any foreign power. The principle of my proposition was not new. It has been acted upon in the mixed tribunals in Egypt, and has been adopted by three powers represented in this conference in the constitution of judicial tribunals elsewhere, and, far from having been found to contain the ‘germ of death’ has operated for the promotion of justice and to the great and acknowledged satisfaction of all concerned.

“It will be thus seen that the further this conference has progressed, and the views and objects of the plan presented by the German minister are developed by him, the further we find ourselves departing from any substantial recognition of a native autonomy for Samoa, and the consequent independence of that island group.

“The plan as proposed and explained by Mr. von Alvensleben is substantially a foreign autocratic government, based on mercantile interests, and all experience has shown what must necessarily result from such an attempt; and that under it the defeat of the objects we have all distinctly proposed is certain.

“I do not see why we should not recognize at the outset and encourage in Samoa a spirit of self-governing freedom and self-respect. Germany and the United States have heretofore given strong indications of their desire for this by their prompt disavowal of the arbitrary and unauthorized acts of their respective consuls (Stübel and Greenbaum). And it is noticeable that the conduct of foreigners has been the cause of more disorder and discontent in Samoa than any spontaneous action of the natives, who, whenever they have acted improperly and immorally, would appear to have done so upon the instigation of some foreign agent.

“We can not, therefore, condemn native self-government in advance, for it has not been tried, and a plan containing such elements is entitled to favorable consideration, and to be fairly tested.

“Would it not, therefore, be well for us to adjourn this conference until the autumn, and thus give time to the ministers of Germany and Great Britain to submit these protocols to their respective Governments in order that instructions may be received by them of a more definite character, by aid of which we may be enabled to come to an agreement.”

In reference to the paper read by the German minister, Mr. Bayard desires to add that he considered his original proposition for an executive council of five—three foreigners and two natives—to be in close pursuance of the recommendations of, the American and British commissioners, and that he had not found in the report of either of those gentlemen any concurrence in the opinion that the native governments should be “assisted and controlled by one common organ of the three powers.”

Sir Lionel West said: You propose, then, to postpone the conference for the reasons you have stated?

Mr. Bayard said: Yes.

Sir Lionel West said: Under the circumstances I do not see that there is any other course to be taken. You propose that the conference is to adjourn, and not be broken up.

Mr. Bayard said his proposition was to adjourn until the autumn, for the reasons he had stated. He thought it essential that the government of the islands should rest upon sound principles, and he had endeavored to show what he thought would be the logical results of the measures laid down by the German minister, and as they had been discussed in the conference.

Sir Lionel West said: We will simply inform our governments that you propose adjournment for reasons stated in writing.

Mr. von Alvensleben said: Principally because of the mandatary scheme which Mr. Bayard did not think acceptable.

Mr. Bayard said that he had submitted reasons for this view; that he considered that it would lead to results destructive to the express purpose and objects of this conference.

The following memorandum in reference to certain observations in Mr. Bayard’s paper is added at the request of the German minister:

“Mr. Bayard made in his memorandum a remark which would, if correct, reflect unfavorably upon the conduct of the former German representative in Samoa. As the proposition of the adjournment of the conference put an unexpected end to our present deliberations I was prevented from saying, in reply to that intimation, what I am much interested to see added to the protocol; this is, that I am thoroughly unaware of the facts on which Mr. Bayard may base his criticisms of Dr. Stübel’s conduct.

“If Mr. Bayard thinks, as it seems, that Dr. Stübel’s departure from Apia, soon after the arrival of the German special commissioner there, gave expression to a supposed disapproval by the Imperial Government, I desire to state that it was merely to prove the readiness of my Government for complying with Mr. Bayard’s proposition to change the consular representatives of the three treaty powers, that a leave of absence was granted to Dr. Stübel, and that there was no other reason whatever for his departure from Apia.”

• T. F. Bayard.
• Alvensleben.
• L. S. Sackville West.

[Inclosure 2.]

Mr. Bates to Mr. Bayard.

Washington, D. C., December 10, 1886.

Sir: Agreeably to your instructions, I have the honor to report that, after my voyage from San Francisco, already reported to you, I arrived at Apia on Tuesday morning, August 17. I may here remark that the Samoan dates to which I refer in this report will be according to east longitude time, that being the time kept in the group, although its location is in west longitude. This is accounted for by the fact that the early settlers in the islands were missionaries from New Zealand, who carried with them the time of that colony.

On my arrival at Apia, as already reported, I found G. Travers, esq., consul-general of His Imperial Majesty the Emperor of Germany, at Sydney, New South Wales, who had come to Samoa as a special commissioner, charged with duties similar to my own. Mr. Travers had, just prior to my arrival, notified the King that he had assumed, temporarily, the duties of Imperial German consul-general ad interim, Dr: Stuebel, the late consul-general, having left Samoa and embarked on the steam ship Alameda for Sydney just at the time I left that steamer.

It was stated in Apia that Dr. Stuebel had gone to Germany on a visit, but before I left Apia I was satisfied that he had been recalled.

Within a few days after Mr. Travers had sent his first notification to the King, he followed it with a second, in which he stated, substantially, that the duties of the Imperial German consul were thenceforth devolved upon Mr. Sonnenschein, vice-consul, and that he (Mr. Travers) would thenceforth devote himself exclusively to his duties as special commissioner to Samoa. No other communication was, to my knowledge, addressed to the King during the time we both remained at Apia.

While awaiting the arrival of the representative of Great Britain I addressed my self at once, as I found Mr. Travers had already done, to the systematic investigation of the political situation, and to the task of gathering such facts as would be serviceable in the consideration of future arrangements respecting the islands. On Tuesday afternoon, August 24, Her Majesty’s ship Miranda arrived in the harbor, having on board Hon. John B. Thurston, the acting governor of Fiji, a special commissioner of the Government of Great Britain to Samoa. Early the next morning Mr. Thurston called upon me and also upon Mr. Travers. Prior to the arrival of Mr. Thurston, Mr. Travers and I had very little conversation respecting our duties under our instructions, but very soon after Mr. Thurston arrived we all met together and compared our respective understandings of the scope of our instructions. While our conversation was very frank as to the nature of the investigation which we each understood was to be made, there was nevertheless speedily developed a difference of opinion respecting our relation to each other and the method to be employed in the ascertainment of facts and information to be submitted to our respective Governments.

Mr. Thurston’s instructions were entirely telegraphical, and he did not receive during his stay at Apia the fuller information by mail which was promised in the telegrams. The latter were, however, very explicit, and were so fully in accord with my own that they might have been taken for a very good abstract of that portion of my instructions which referred to the duty which I was expected to perform.

In our joint conference two points were developed upon which Mr. Travers differed essentially from Mr. Thurston and myself. The first related to the end to be accomplished. Mr. Thurston and I understood clearly that the object in view was to compass the establishment and maintenance of an autonomous native government, to be supported so far as necessary by the joint influence and action of the three powers. Mr. Travers did not communicate to us the precise nature of his instructions on this point, but I inferred that he was not confined, as we were, to a recommendation in this direction. He was, however, very clear and explicit at that time in the statement of his own conviction that no autonomous native government was at all practicable. As Mr. Thurston and I were, in terms, instructed to report a plan for such government, we felt bound to do so, even if, after due consideration, we might find ourselves compelled in candor to couple with such plan our own opinion as to this impracticability, if so it should appear to us.

The other point upon which Mr. Thurston and I agreed, and Mr. Travers differed from us, was as to the methods of investigation. We considered that our instructions contemplated a joint investigation, followed by separate reports; but even if our instructions were not to be considered specific as to methods, we thought that, in that case, we were free to adopt a plan of joint investigation upon the view that our methods were left to our discretion. We also considered that the plan of our simultaneous visits to Samoa involved, impliedly, even if not by express direction, the idea of joint investigation; and upon the assumption that our instructions did not bind us as to methods, we fully agreed that more satisfactory results would be obtainable if we should conduct our investigation jointly, and by constant comparison of views should ascertain the points of agreement, which might thereby be disposed of with much less expenditure of time and trouble. Mr. Travers, however, was decided in his views that we had no official relations to each other whatever; that our investigation and report were to be entirely independent; that we were free to confer together with the utmost frankness, but that any intercommunication of views would be entirely confidential; and at that time he clearly expressed the opinion that we should not be at liberty to report, even to our respective Governments, any statement or opinion obtained in the course of such interchange of views.

As the result of this exchange of views, we pursued, for a few days, the separate investigation which we had already begun, having, however, frequent conferences, sometimes between two of us and sometimes of all three.

I felt so fully convinced that the want of fuller co-operation would materially lessen the chances of good results that might flow from our visit, that on September 2 I addressed to Mr. Travers a note for the purpose of stating, as I understand it, the difference of opinion which had developed, in order that I might be secured against the possibility of misrepresenting the matter to you. A copy of this note, marked Inclosure A 1, is herewith submitted.

Within a short time after my note had been delivered to Mr. Travers, he called on me and stated that he had just received it, and asked if I desired a written reply. I said to him that I had written it only to put plainly what I had understood to be the difference in our views, so that I might not misrepresent him, and that he need not reply to it in writing unless he desired to modify my statement in some respect. He then said that if it seemed necessary he would write a reply before we should separate. At that time I did not understand Mr. Travers to modify the views previously expressed by him, but he said that he would be happy to converse freely with me at all times on the subject of our inquiries.

I inferred from the conversation that Mr. Travers was somewhat more inclined to go at least so far as a joint examination of persons from whom any of us considered it worth while to obtain facts or opinions. As, however, Mr. Thurston had informed us both of his purpose to depart on September 5, or two days after the conversation in question, it was then too late to change our course of proceedings, even if I correctly understood Mr. Travers to intimate, rather than to express, his willingness to do so.

I transmitted to Mr. Thurston a copy of my letter to Mr. Travers, in order to afford him an opportunity to correct me if I had misstated his views.

Copies of my note to him and his reply are herewith inclosed, marked Inclosures A 2 and A 3, respectively.

Mr. Thurston’s stay in Samoa was of less than two weeks’ duration. As his position in Fiji is such that under the consular system of his Government the correspondence of the Apia consulate had passed under his eye, he was doubtless familiar with the general course of events in Samoa and felt it unnecessary to spend more time there. Nevertheless I regretted very much his early departure. There were some points on which further and frequent conferences between Mr. Travers and myself led often to modification and, in some instances, coincidence of views. I am convinced also that Mr. Travers’ views upon which our original difference rested did undergo considerable change. Towards the end of my stay he discussed with me the possible details of a native Government to an extent necessarily involving the idea of autonomy, which at first he considered impracticable. It was, it is true, such a government as would depend for its inspiration and strength upon the presence in it of white men; but, nevertheless, not more than does the Government of Hawaii, which is treated in my instructions, and commonly considered, as a native Government.

Mr. Travers also modified his previously expressed views by assenting that our conferences and expressions of views to each other might be communicated to our respective Governments. This permission, however, was of less value, since these mere conferences were, under his determination, mere informal conversations; and any views which he expressed to me he did not feel bound to adhere to, but considered them liable to change on further reflection.

Mr. Travers never did make any written reply to my communication of September 2; the only note from him which I received, not of a purely personal character, being under date of October 13. I had been absent from Apia two weeks on my trip to Tonga, and after my return, having spent a week in Apia, I had been again twenty-four hours absent on a trip to Tutuila, which it was necessary for the Mohican to make, when I received from Mr. Travers the letter referred to, of which a copy is herewith inclosed, marked Inclosure A 4, as it gives his own statement of his verbal reply to my letter of September 2. To this letter, received early in the morning, I replied that I had been very busy the two days previous in the examination of some papers relating to the New Zealand project for the annexation of Samoa, which Mr. Travers had lent me; that having finished them it was my intention to go ashore that morning and return the hooks and papers, and “put myself at your service during the remainder of my stay here.” I promised to call at the German consulate by noon of that day, which I accordingly did; and during that afternoon and the remainder of the week we were frequently together.

These conversations were very interesting, and undoubtedly serviceable, but, owing to the difference of opinion already stated, they were necessarily inconclusive, and served only the purpose of mutual information as to our views respectively.

In order to show how far Mr. Thurston’s understanding agreed with my own with respect to the matters which I have detailed, I may refer to two letters received from him after his departure from Samoa. In a note, dated September 6, after some personal expressions, he suggests a modification which had occurred to him, in a rough draught of a plan of government which he had left with me, as embodying his general views on that point, and then adds: “It is a matter of regret to me that our colleague could not see his way to regard a native government as within the realm of possibility.” Again, while at Tonga, having an opportunity to mail a letter for Fiji, I wrote to Mr. Thurston, under date of September 25, and received a reply dated September 29, copies of both of which are herewith inclosed, marked Inclosures A 5 and A 6, respectively.

Before leaving this subject, I desire to express the satisfaction which I derived from my intercourse with both of the commissioners. I was deeply impressed with the ability and fidelity with which these gentlemen approached the consideration of the subject referred to us. Our relations were of the most agreeable character, and resulted in sentiments of respect and friendly regard on my part which I am glad to believe were reciprocated. With the exception of Mr. Thurston’s brief sojourn at Apia, and the difficulty experienced by Mr. Travers, under his instructions, of fully coinciding with our views as to the investigation, I could have desired nothing more with respect to either of them.

historical review.

The direction contained in my instructions to report upon “the causes of the difficulties under which the Samoan Government labors “involves the thoughtful consideration of the political changes which have taken place in the country since the early part of the year 1876. Up to that time the political history of the country, from the time when it began to attract the attention of the Government of the United States, is quite fully contained in the official papers in possession of the Department of State and published, mainly, in Ex. Doc. H. R. No. 161, Forty-fourth Congress, first session, and Ex. Doc. H. R. No. 44, Forty-fourth Congress, second session. In order, however, properly to understand the subsequent events, it may be stated that the documents referred to contain the several reports of Col. A. B. Steinberger, and various inclosures therewith, together with much correspondence relating to this group of islands.

Colonel Steinberger visited Samoa as a special agent of the Government in the year 1873, and early in the following year, having returned to the United States, made his report to the Department, which, though personal intercourse with the natives has shown that his statements of their characteristics are often incorrect, is, in the main, an interesting and valuable summary of the matters of interest connected with these islands.

Colonel Steinberger returned to the islands for the purpose of conveying to the Samoan Government some presents and messages of kindly interest from the Government of the United States, and with instructions to observe and report further upon Samoan affairs.

At the time of Colonel Steinberger’s first visit to Samoa, the Government of the country consisted, as reported by him, of the “Taimua and Pule,” the former comprising seven chiefs, not among the greatest, but able ones, and the Pule, four chiefs of higher grade. There was no king of the group, although, as hereinafter stated, an attempt to set up a kingdom had been made by missionaries as early as 1869.

At this time (August, 1873) a constitution and code of laws—probably the first written ones—were adopted, after consultation between Colonel Steinberger, the foreign consuls, and the missionaries. These have been published in full in one of the documents referred to, as appended to the first report.

After Colonel Steinberger’s return, he, in 1875, became the premier of the Government of Samoa. The Samoans, during his absence, had determined to have a king, but being embarrassed in their choice selected two persons, Malietoa Laupepa and Pulepule, the latter being the chosen chief of the Tupua party, who were, on January 2, 1875, jointly vested with that office and title.

After Colonel Steinberger’s return, he persuaded them that it was impracticable to have two kings, and they then selected, as the more important man, Malietoa Laupepa, a young man who belonged to a great family, and the present king.

Elsewhere in this report I have referred to the relative importance of his family in its hearing upon the title of the present king to continued recognition, but it is necessary here to state the position of Malietoa Laupepa in his own family.

It seems to have been readily conceded at this time that the head of the Malietoa family was the most powerful chief in the country, and the proper person to be selected if there was to be one king. But some difference had previously existed as to who was the real Malietoa. This name possessed among Samoans a peculiar significance, having been first bestowed some hundreds of years ago upon a great chief, previously Save’a, who, according to tradition, led the Samoans in a great victory over the Tongans, who were then expelled from the Samoan group.

On the death of Malietoa Moli, the father of the present king, nearly thirty years ago, there was a division in his family as to whether the title and headship belonged to his half brother, Talavou, or his son Laupepa.

Just prior to his death, Malietoa Moli had expressed a desire to have his son Laupepa succeed him as head of the family. The latter was then only about twenty years of age, was of a mild disposition, and educated under the missionary influence. His uncle, Talavou, on the contrary was a severe man and a powerful warrior, and having considerable influence, many of the leaders of the Tuamasaga, the district of Upolu, which has always acknowledged the headship of the Malietoa family, supported his claims. The result was that both took the title of Malietoa, but remained living together and without war until about 1869. Prior to that time neither of them assumed to be King of Samoa, although the grandfather of Laupepa, known as Malietoa Tavita, as hereafter explained, had been generally acknowledged as such. But their dispute was as to the headship of the Malietoa family, with whatever belonged to that position.

The difference of disposition and education of the two men caused the missionary influence to be exerted strongly in favor of the younger man, who, in 1869, was taken secretly from the house where lie and his uncle were living together, and was brought, it is said, by Mr. Williams, a missionary, to Apia and crowned king. Immediately the adherents of the uncle set him up at Mulinuu as a king. The result of this was a civil war between the Malietoas, which ended in compromise and the establishment of the new government of the Taimua and Pule, which Colonel Steinberger found there in force on his first arrival in the group.

The dispute between the two Malietoas before the war was much encouraged by the districts of Atua and Aana, the strongholds of the rival Tupua family, probably with the real object of bringing the latter family in to power. Finally they took sides, and the war involved the people generally in support of one or the other Malietoa.

When the selection of a king was made, in 1875, the uncle, Malietoa Talavou, might have persisted in his claims to be the natural head of his family, and therefore the proper selection; but being, as stated, a severe man, he was feared by the people generally and the choice of the nephew was accepted by his own family, including the uncle and the people at large, and he was accordingly acknowledged as sovereign of “all Samoa” by the name of Malietoa I.

The necessity of a clear apprehension respecting the two Malietoas is apparent from an error in the “memorandum in reference to Count H. Bismarck’s note, transmitted to Sir E. Malet’s dispatch to the Marquis of Salisbury, No. 500, of October 17, 1885,” inclosed by Mr. West to the Secretary of State, February 19, 1886. It is there stated that the consular agreement of March 24, 1880, provided that “the present King Malietoa should be supported as the head of the Samoan Government during his life-time, and that his successor should be agreed upon by the three protecting powers.” That agreement in fact referred to Malietoa Talavou, and not to the present king.

When Malietoa was thus accepted as the first head of a new government, the order of things introduced under the auspices of Colonel Steinberger was based upon a new constitution adopted by the Taimua, May 18, 1875, and superseding that of August, 1873, already referred to.

As I am unable to find this constitution in the printed documents of the Government of the United States, I inclose a copy of it herewith, marked Inclosure B 1. I may, however, briefly state here that under it the Government was changed from that of the Taimua and Pule, in which all the powers of government were lodged in a council of chiefs, to duplex hereditary monarchy, in which the Kings were to be chosen alternately from what are termed in the constitution the “two great houses of Malietoa and Tupua.”

Each King should reign for four years, and, upon the expiration thereof, or his demise, the succession should fall to the other family.

The frame-work of the Government was modeled after that of the American States, with a legislature, called a parliament, of two houses—that of chiefs or nobles, and that of representatives. These were called in the Samoan Taimua (a leader) and Faipule (fai, to do, to make, and pule, a command, an order).

A prominent feature of this constitution was the office of premier, who was the counselor of the King, presided in the Taimua, and had the right to take the floor in either house of parliament, and without his knowledge the King could not act. This office was filled at once by the appointment of Colonel Steinberger, for whom it was undoubtedly created.

Although this constitution embodies a system which seems, to one who has critically observed the Samoans, their character, mode of living, and habits of thought, rather elaborate for a people so primitive in all respects, it nevertheless contains much that is worthy of consideration in any scheme for the future government of the country.

Meanwhile it must be admitted that the government inaugurated under it was, while it lasted, the only really stable and efficient one which the islands have had since there has been a considerable foreign population. Nevertheless it was under the form of an autonomous representative native government; in fact, a personal government by Steinberger, the premier, acting through the instrumentalities and forms of a constitutional native government. He originated everything, and, without doubt, his will was law.

With the causes of the termination of this régime I have nothing to do; but while there is great diversity of opinion among the foreign residents respecting Steinberger’s character and the advantage or disadvantage of his rule, all concur in the conclusion which I have stated, that it was his government. All agree that he had practically absolute power in the islands, while they differed as to the character of the use which he made of it, although it will probably not be controverted that at first he had the unanimous support and approval of the foreign residents.

Leaving out of consideration the allegations and counter-allegations as to Steinberger’s character, it is beyond doubt that two elements concurred in bringing about the result which ensued. He lost the friendship and support of some powerful influences which had originally welcomed and afterwards assisted him, but subsequently lost confidence in him. Again, there was manifestly great jealousy engendered among citizens of other nationalities because he who had attained such influence was an American citizen, and his position and influence were supposed to foreshadow very close relations between the United States and Samoa, and a predominating influence of the former in the government of the latter. For whatever reason or reasons, then, Steinberger, the premier, was arrested on February 8, 1876, at night, carried forcibly on board of a British man-of-war, and, after being kept a prisoner there some time, carried away from Samoa and released in the British colony of Fiji. To accomplish this result Malietoa, the King, had been induced by persons hostile to Steinberger to request his arrest, and, as a consequence, on the same night the King was deposed. This was done by the Taimua and Faipule at a fono (meeting) assembled immediately after Steinberger’s arrest.

He was driven away from the seat of government at Mulinuu, and on the next day was in Savaii, from which place he was immediately brought back to Apia by the British man-of-war. He was not, however, permitted to return to Mulinuu, but was protected at Apia by a guard from the man-of-war.

From this date the published documents relating to Samoa give no connected history of political changes in that country.

Having been at some pains to inform myself correctly respecting the political history of the country for the last ten years, I deem it proper to present a brief review of the same, feeling convinced that any one undertaking to solve the problem of future government will find this recent history as instructive and serviceable as the investigation of it has been to me.

The entire absence of any government records or archives, and the fact that a weekly newspaper published therefrom October 1, 1877, to October 1, 1881, is all that remains in the way of permanent record of events, has made it a very laborious matter to ascertain the exact facts. In doing so I had the good fortune to have access to a complete file of the Samoa Times, the newspaper referred to. I carefully looked through each number of this paper, and also exhausted all other sources of information, not in any case resting on the independent recollection of any one person as to facts obtained by inquiry, nor forgetting to weigh all such recollections with due consideration of those circumstances of bias, association, etc., which are necessary to be remembered in respect to the weight of evidence. I believe, therefore, that my summary of this uneasy period is substantially accurate.

There could be no better confirmation of my statement respecting Steinberger’s relation to the Government which he created than the rapidity with which it began to fall to pieces after the deportation of the premier. Very soon the Government began % to show its weakness. Indeed, everything connected with that event indicated clearly both the lack of capacity in the native government and the despotic and capricious manner in which, not only there but in most instances, the consuls and commanders of men-of-war casually at Apia were accustomed to deal with the natives, both in and out of the Government.

The premier held his office under the constitution solely by virtue of the King’s appointment, and, by necessary inference was subject to removal by him; hence, under any well-regulated government, the King, having become dissatisfied with him, would simply have removed him. In this case, however, instead of this course, which, it is true, would, in view of Steinberger’s real relation to the Government, have been impracticable, the premier was forcibly abducted at night and taken on board of a foreign man-of-war. This utterly unlawful act was accomplished, not by the King’s own power, but was executed only through the medium of an illegal conspiracy between the American consul and the captain of the British man-of-war. So, after this event, even if the King’s removal of the premier were an offense cognizable by the parliament (so called), which, under the constitution it seems not to have been, he could only have been constitutionally reached by impeachment. In lieu of any such orderly proceeding, however, the legislative branch of the Government assumed the right to depose him in the night, and to drive him away summarily without notice or hearing.

It detracts nothing from the conclusion to be drawn from all this that no idea of government according to the practice of modern civilization had at that time found lodgment in the native mind. It detracts nothing from the correctness of this statement to admit, what was doubtless true, that their action then, as ever since, in all attempts at government, was instigated and guided by white men, who have too often used their power to control the natives, not for the good of Samoa or Samoans, but to aid in the accomplishment of selfish ends.

If it be objected that these remarks apply to a period of ten years ago, it must be replied, in the first place, that these facts are still pertinent to our inquiry, as showing that the only general government worthy of the name ever existing in Samoa depended for its origin, inspiration, and existence upon a white man; and, in the next place, that I have found no one in Samoa, either a white man or an intelligent native, who believes that there has been any advance in the capacity for government among the Samoans themselves.

The deposition of the King was followed in the course of the month by the battle and bloodshed at Mulinuu between the British from the Barracouta and some forces of the Samoan Government.

On July 28, 1877, Mr. Griffin, the United States consul, advised the Department, on his return to his post after an absence of about nine months, that during his absence the Puletua had received sufficient encouragement from foreign residents to rebel against the Taimua and Faipule, and that a battle had occurred at Mulinuu; that the Government was victorious and the rebels surrendered; and, to quote Mr. Griffin, “the authority of the Government is now acknowledged all over the island.”

In order to understand subsequent events, even up to the present time, it becomes necessary to ascertain precisely the origin of this Puletua uprising.

It must be understood that among the Samoans there are a great number and variety of chiefs. The Government of the Taimua and Faipule was formed of the head chiefs, but back of these were what were known as the village chiefs, who were not taken into the Government. After Malietoa’s deposition, then, there were several causes of dissatisfaction, which, being promoted, grew into an organized opposition to the established Government.

The chiefs who were not actually concerned in the existing Government became jealous of those who were. Some of the Taimua and Faipule who were devoted to the fortunes of Malietoa retired from the Government on his deposition. Again, insubordination and insurrection were stimulated then, as they have ever been, by the foreign residents in Apia. These organizers and promoters of rebellion against the existing Government were not always the same, but there were always those who, becoming dissatisfied or piqued at some action of Government, or some want of pliability in those who had ostensibly the power, would promote the spirit of resistance among the chiefs not then in office. It was the old story of exciting the passions of those who were out against those who were in.

The deposition of Malietoa and his exclusion from participation in the government created a center, with the prestige of past power, around which the dissatisfied elements could gather and crystallize. From these causes, in the course of a year after Malietoa’s deposition and Steinberger’s deportation, there sprang up an organization known puletua—literally, the back government, from tua (back) and pule (authority or command). This simply meant the government of the back, chiefs, i. e., those who had not been put forward in the government.

Early in 1877 this rebellion had gathered so much force that the Taimua and Faipule became greatly alarmed, and in April sent a deputation of chiefs to Fiji to appeal for British protection, without any definite plan or knowledge of what they wanted. They returned on May 23, 1877, and on the following day the flag of the United States was hoisted by Mr. Colmesnil, then commercial agent, over the Samoan flag. I am credibly informed that this was done by Mr. Colmesnil after consultation with, and with the acquiescence of, Mr. Theodore Weber, then the German consul. I deem this fact worthy of record here in view of the energetic protest of the German consul against similar action by the present United Spates consul in May last.

A memorandum of the circumstances under which the flag was raised by Mr. Colmesnil is herewith inclosed, marked Inclosure B 2.

It may be remarked in this connection, that on still one other occasion our flag was raised in Samoa under somewhat similar circumstances. In February, 1878, the British high commissioner was at Apia in a man-of-war, urging upon the Samoan Government its agreement to the convention (substantially as subsequently agreed to in September, 1879). The government declined to enter into any treaty or agreement with any foreign power until a reply should be received to its application to the United States Government for a treaty of protection; for such was, undoubtedly, the Samoan idea of the nature of Mamea’s mission to Washington. The British commissioner was much annoyed at having come on a fruitless errand, and there was, at the time, a good deal of friction between the British representatives at Samoa and the Taimua and Faipule, dating back to, and largely arising from, the incidents of the Barracouta’s visit. Threatening demonstrations were made by the man-of-war, marines lauded, and rumors, of an insurrection spread abroad, and there was an apprehension that Sir Arthur Gordon intended to force the acceptance of the treaty at the point of the bayonet. At this juncture, on February 22, 1878, the United States flag was raised over the Samoan, on the government flag-staff. A full detail of the matter is to be found in the dispatch No. 43 of Consul Griffin, dated February 26, 1878.

Thus it happened that the raising of our flag over that of the Samoan in 1877 and 1878 was urged, and intended to prevent a supposed British annexation, and the same thing in 1886 was intended to prevent German annexation, or at least practical possession by the German consul general and men-of-war, of Samoa, which the appearance of things did certainly betoken.

After the battle of Mulinuu, referred to by Mr. Griffin, the Puletua was, for a time, quiet on Upolu, but during the autumn of that year war in a desultory fashion was carried on in Tutuila between the government and Mauga, in which the latter was at first seriously worsted. At that period, November, 1877, Mr. Griffin reported that the English and Germans, having despaired of being able to bring on a conflict between the whites and natives on Upolu, turned their attention to the promotion of the fighting going on in Tutuila. A British schooner carried arms to the insurgents, and some white men, including Mr. Foster, who had been removed from the position of United States consul, actively assisted the insurgents.

On December, 8, 1877, Mauga, who, intrenched in a fort, had stood quite a long siege, escaped with his forces under cover of night to Aunua, a small island off the east end of Tutuila, about a mile out. He was closely pursued to the shore and fired at while in his boats.

Early in January, 1878, the rebellion in Tutuila was brought to a close by the surrender of Mauga and all of his forces to the government. After this there was no more fighting in the group during the year 1878; and the year was otherwise uneventful, except that the treaty with our own Government was dually concluded.

During this period there was apparent community of purpose and action between the English and Germans, growing, probably, in its origin, out of the fear, which commenced in Steinberger’s time, of a preponderating American influence through him and his connection with the government. The subject of an American protectorate, which was first mooted by Steinberger. or during his visits, had evidently taken possession of the natives, and in 1877 they sent an envoy, Mamea, to Washington to negotiate a treaty.

In July, 1878, Mamea returned with the treaty, which, it is apparent, was erroneously assumed by some American newspapers, as well as by many of the Samoans, to be a treaty of protection. The treaty having been published on July 29 and 30, a native meeting was held at Mulinuu, quite generally attended, and with some chiefs present from Savaii and Tutuila, for the discussion of the treaty. Mamea was subjected to a close examination as to its effect and the probable operation of different clauses, and the opponents of the government indulged in much criticism. The only practical result of the meeting was to dispel the idea that the United States had assumed a protectorate.

Early in the following year (1879) the treaty with Germany was negotiated, and, in its turn, occasioned much discussion; and some of its provisions were strongly denounced, both by the white people and natives, as against the Samoan interests.

The points chiefly objected to were the provision that German citizens should be liable to no tonnage dues, and the ambiguity of the provision for the recognition and guaranty of title to lands acquired by German subjects. It was urged that the exemption from tonnage dues would, by the most favored-nation” clause of the treaty with the United States, be extended to citizens of that country and that the clause as to land titles not only settled nothing definitely but paved the way for future trouble.

On February 26, 1879, a meeting to discuss the treaty was held at Apia of the assembled chiefs of the district of Tuamasaga, who were collectively termed the Tuamasaga.

This district, containing about two-fifths of the population of Upolu, was the seat of the most determined opposition to the existing government, and the meeting was made the occasion, not only of criticism of the new treaty, but of assault upon the government (Malo) for its concessions. Three of the Taimuas were in attendance to explain their action, and they were interrogated with the keen sarcasm which distinguishes, the Samoan orators.

Despite the success of the government in quelling the rebellion in Tutuila, the Taimua and Faipule became weaker and weaker, and early in January, 1879, Malietoa Talavou quietly returned to Mulinuu, the seat of government, and took up his abode there unmolested.

After the deposition of his nephew these two Malietoas had naturally become the leaders of the Puletua movement, which had gathered to itself all the elements of opposition to the government, and, under the circumstances, the country being at war, it was to be expected that the uncle, a warior of great repute, should have been pressed into service as the chosen leader.

The custom of the country is that the representative of a family or party, for the time being, shall be selected by a general consent of the chiefs, from which there can be no appeal. By this method of selection Laupepa was the chosen head of the Malietoa adherents, both in Steinberger’s time and more recently, and Talavou at the time I am now writing. It was the inability to bring about such general assent for either that produced the civil war of 1869–1872.

On May 3, after living at Mulinuu undisturbed for four months, the nephew, standing aside in favor of his uncle, Malietoa Talavou, was crowned king at the seat of government by the opposition. The proceeding was almost ludicrously impudent for an insurrection against a de facto government. The Taimua and Faipule were invited to attend.

No resistance whatever was made; the newly crowned King remained at Mulinuu, and on the 28th of the same month the King’s adherents warned the Taimua and Faipule to leave, which they accordingly did, leaving Mulinuu in the hands of Malietoa and his followers.

War being now inevitable, an agreement was obtained from both parties by the foreign consuls, defining the territory to be treated as neutral, being that occupied principally by foreign residents.

In the first instance the two contending native factions requested the consuls to define and regulate the neutral territory, which having been done, the factions accepted the definition made by the consuls, the limits being expressly set forth in their acceptance.

The papers constituting this agreement are herewith inclosed, marked respectively Inclosures B 3, 4.

Two months later the consuls issued a notice warning foreigners against aiding or abetting in any way either party to any strife that may arise between Samoans,” and requesting foreigners outside of the neutral territory to hoist over their property their national flag, or a white flag, signifying thereby their neutral position.

On July 2 a formal proclamation was issued by the three consuls and captains of the German and American men-of-war, and Sir Arthur Gordon, acting British consul-general, addressed the chiefs and natives of Samoa, urging a consideration of the evils of war warning them that the neutral territory and lands of foreigners would be protected and that neither party would be assisted, and tendering mediation to avert war but not to settle disputes Samoan in their origin.

At this time a deputation of the Taimua and Faipule visited the Lackawanna and were saluted, but as the act gave rise to much comment and misunderstanding the same compliment was extended to Malietoa.

Early in August, 1879, a German schooner was chartered by Malietoa, in which he went down to Savaii. Both he and the schooner were captured by armed men of the opposition, whereupon the Bismarck went down and ordered the release of the schooner and prisoners, and fined the capturing party $2,500, taking back with her four chiefs as hostages. Shortly after the fine was paid and the Postages released.

In the same month Sir Arthur Gordon came to negotiate the treaty between Great Britain and Samoa, dated August 28, 1879. He consulted the foreign consuls and captains of men-of-war upon the point -whether he ought to treat with Malietoa as king of Samoa, and they unanimously recommended him to do so, which he accordingly did. Among the resident foreign representatives who concurred in this advice was Theo. Weber, esq., the German consul.

On the following day, August 29, all the foreign representatives, including Sir Arthur Gordon, united in a proclamation setting forth that they resumed relations with the Government of Malietoa as the only party which had any real governmental, control.

At the same time the municipal convention was entered into with Malietoa as representing the Government of Samoa, the three consuls and captains of men-of-war joining therein, subject, as to the representatives of the United States, to the subsequent approval of their Government. By proclamation of Malietoa and the consuls, made in December following, the date at which the convention was considered as having gone into effect was fixed at September 2, 1879.

This convention having by limitation expired in four years, was renewed indefinitely upon the agreement of the consuls, as appears by the dispatch No. 56 of Consuls Canisius, dated September 3, 1883. Under this extension it is still working. The only authority exercised by it is the delegated authority of King Malietoa, who was the party with whom the agreement of extension was made.

After the recognition of Malietoa by the foreign powers the war continued in a desultory manner, but with the decided advantage in favor of the king’s forces. On November 16, 1879, the heaviest battle was fought, and resulted in a complete victory for the king’s party, the old Government forces being routed. The result was that Captain Deinhart, of the German man-of-war, then in port; succeeded by his intervention in bringing the war to an end.

The agreement for peace provided that there should be no more war, and that Malietoa Pea (Talavou) should be king, and Malietoa Laupepa vice-king, to succeed his uncle upon his death. A flag was agreed upon, and on the 23d of December, 1879, the king and flag were saluted by each of the German war vessels in the harbor. Mr. Weber was the assistant of Captain Deinhart in effecting this settlement with representatives of both parties of Samoans, and all parties agreed to it. In the Samoa Times of January 3, 1880, in referring to this agreement, it is stated that the meeting on board of the Bismarck, called by Captain Deinhart and Mr. Weber, comprised a representative from “nearly every district in Samoa,” and the agreement there entered into was probably as nearly a general concurrence of sentiment as has ever been arrived at. The full text of these agreements are herewith inclosed, marked inclosures B 5, 6.

During the spring of 1880 there were rumors of difficulty in Atua, but on March 12 Malietoa was anointed king, according to the Samoan custom. Nevertheless, the rumors of attempts at rebellion continued with more or less truth; and during the year there was some desultory fighting on Savaii, with occasional excitement on the other islands. Many of the Atua and Aana chiefs, however, gave in their allegiance to Malietoa.

Early in the year an agreement was entered into by the three foreign consuls to sustain the existing government, and to appoint three foreign advisers to the king. This agreement is already in the files of the Department, being inclosure No. 2 to dispatch No. 145, April 9, 1880, of Consul Dawson, but for convenience of reference a copy of it is herewith inclosed, marked Inclosure B 7.

The view of the United States Government respecting it is stated in dispatch No. 75 from the Department to Consul Dawson. It was that the agreement was looked upon, not as a treaty, “but simply as a scheme of arrangement between the consular body and the government of the islands for the protection of the interests of foreigners.” In this view “the Government (United States) reserved, and still reserves, the right at any time to retire from the agreement, as Great Britian has notified us that she had done.”

This agreement at least shows a clear and definite settlement of the question who constituted the Government of Samoa, and an explicit recognition of it by the three powers through their representatives.

The three advisers so provided were selected by the consuls. Ad. Volkmann (German), minister of public works; T. Trood (Englishman), minister of finance; Jonas M. Coe (American), minister of justice. They met with the legislative body, and with their assistance several laws were passed, prohibiting the sale of arms, ammunition, and intoxicating liquors to Samoans or other resident Pacific natives, and also prohibiting Chinese immigration, and providing quarantine regulations. In July, however, these three advisers suspended their functions until representatives should have arrived from “all Samoa,” which it was then supposed would be by the end of August.

I am unable to find any further appearance of these gentlemen in connection with the Government.

About this time, also, the English ship Danœ went to Atua and summarily put down a party of rebels, shelling a town because the chief refused to go on board. The offense of these people was simply the violation of their agreement to keep peace and support the government which was then settled upon.

During the autumn of 1880 there were again disturbances here and there throughout the islands, but principally on Savaii, there being, however, no active movements against the king’s government. Meanwhile, on October 25, 1880, sundry laws, already referred to as prepared with the help of the foreign advisers, were promulgated, and are still recognized as in force.

On November 9, 1880, news was received in Apia of the death of the king, Malietoa - Talavou, on Savaii, where he had been for some time. Malietoa Laupepa, vice-king and regent, who, under the agreement of December, 1879, had been the active head of the Government, remained the de facto head of the Government after his uncle’s death, and continued to carry on the war, which, soon after the king’s death, broke out in full force. The negotiations for peace, commenced prior to the king’s death, were broken off. For a time the old Government party, as it was called, seemed to be gaining, but their difficulty was in the rivalry between candidates for the leadership.

By the first of the year 1881 Malietoa was fully in control of Savaii, and by the end of February, Manono, Savaii, and Tuamasaga chiefs was united in his favor.

Meanwhile Malietoa was tacitly recognized as the head of the Government, as well by the Taimua and Faipule as by the foreign consuls. The German consul-general, apparently about this time, was accused of encouraging the insurgents by suggesting, or at least approving, the proposal to let two governments be formed, but nevertheless he never ceased to have official relations with the government of which Malietoa Laupepa was the actual head.

The attitude of the German consul-general on this subject is fully detailed by Consul Dawson in his dispatch No. 199, October 26, 1880, and also No. 215, February 7, 1881.

On March 19, 1881, Malietoa Laupepa was duly anointed king, the three consuls being present.

A little more than a month later, on April 21, a gathering of the disaffected was held at Leulumoega, when Tamasese was declared King of Atua and Aana, to hold the position for two years, and then be succeeded by Mataafa. In reporting this meeting the newspaper of that period makes the following comment:

“We understand the consuls were invited to attend the meeting at Leulumoega, but declined, a course which we believe will have the approval of all the foreign residents in Apia, and probably in the group. It is to be regretted, however, that the consuls do not take a more definite position in regard to native affairs. We think that if they were to proclaim boldly (which we believe they are in a position to do) that Malietoa is the only sovereign in Samoa recognized or likely to be recognized by their Governments, and that they can not countenance any other power in Samoa, the difficulties in this group would be nearer a solution.”

This comment is from a paper which, during its existence of four years, appears to have discussed the affairs of the natives with great impartiality; and in a careful examination of its complete files I have found that it systematically printed the news of the native struggles without any apparent bias. It is at least worthy of consideration how far the foregoing comment may be applicable to the present state of affairs.

From this time active preparations for war went on, but there was no fighting, other than some trifling skirmishes, until the latter part of June, when, the United States steamer Lackawanna being in port, Captain Gillis visited both parties at their forts and addressed the chiefs. A desire for a peace conference having been expressed by the chiefs of the “Old Party,” the captain agreed to try and bring it about, at the same time informing them that Malietoa was recognized as king of Samoa by his Government and those of Germany and England. Both parties met with Captain Gillis and the consuls, June 26, and the captain laid before them four articles, which he thought would meet the difficulties. After a long discussion an armistice was arranged for ten days, during which the articles were to be discussed. The Lackawanna having returned from a trip to Pago Pago during the armistice, the two parties again assembled on board July 9, and the articles were discussed. When the king question came up (having been omitted from the articles submitted as not matter for discussion, Malietoa being king), his party offered to compromise by electing Tamasese vice king. An adjournment was had for three days. On the 12th another meeting was held, at which a long discussion ensued, which resulted in the acceptance of the conditions as laid down, and the agreement was signed by the chiefs present, and also by Captain Gillis and the three consuls as witnesses. A copy of the agreement is inclosed herewith, marked Inclosure B 8.

This ended the threatened war by the recognition again of Malietoa as the king, and the subordination of those who had resisted his authority, now so often recognized by parties of his own people who had opposed him, by the treaty powers whose treaties he had signed as king of Samoa, and by the foreign consuls in Apia.

The peace thus established continued unbroken until January, 1885, when it was disturbed by the incidents which have been the subject of recent diplomatic correspondence.

Concerning this period of three and a half years I have been careful to make the most searching inquiry of many persons who were resident in Apia during that period. The universal testimony has been that the adjustment of July, 1881, known as the Lackawanna peace, was remarkably successful, and that the Government then established was fully acknowledged throughout the Islands. Malietoa, the King, and Tamasese, the Vice-King, with the other offices and members of the Taimua and Faipule, lived together at Mulinuu, and on most, if not all, of the official documents of that period will be found the signature of the Vice-King as well as that of the King.

There were undoubtedly mutterings of discontent now and again heard from the Tupua faction, but they were allayed by discussion and settled, with the advice of the foreign consuls, in favor of the existing order of things.

The date of the Lackawanna peace was, as stated, July 12, 1881. During the year following, steps were taken to reform the Government, so far as its legislative branch was concerned, on the new lines, and on July 12, 1882, the new legislature met for the first time at Mulinuu, representatives from all the districts or provinces being present and thorough good feeling prevailing (dispatch of Consul Dawson, No. 330, July 12, 1882).

Under date of February 15, 1883, the Government of the United States was informed that a revolution had been threatened at various times during the past four months. At a meeting of the Taimua and Faipule the Steinberger constitution was referred to as providing for alternation in the Kingship between the Malietoa and Tupuafamilies. The consuls were invited to attend a meeting and their advice was asked. They all concurred in supporting the proposal of Malietoa that not less than seven years should pass without change, in order to give time for peace and order to become settled. The German consul-general, Zempsch, first stated this view, and the other two consuls expressed their concurrence. Taimua and Faipule then agreed to the proposition that the existing order should continue seven years, and that then the King question might be thought of and discussed.

In July following (1883) the consuls were again informed by Malietoa that trouble was brewing, and that the opposition wanted him to sign a paper agreeing to resign in seven years in favor of a member of the Tupua family, without laying the matter before the Taimua and Faipule. This proposition he desired to decline, and asked the advice of the consuls, all of whom supported him in his determination, and the German acting consul-general, Von Oertzen, stated “that his government had sent special instructions that they were to support King Malietoa by force if need be.”

These demonstrations were probably correctly explained by the American consul upon the theory that the opposition, having been at peace for two years, began to be restless, after Samoan fashion, and desiring to go to war again, were seeking a casus belli (Consul Canisius, No. 53 (52), July 11, 1883).

However, the matter quieted down and political affairs throughout the group were again undisturbed until October 11, 1883, when rumors of proposed annexation to New Zealand were rife, as, indeed, they had been from time to time, the government and people of that country having encouraged this agitation, and having frequently urged the matter upon Great Britain, but without success.

The history of this agitation I have examined carefully in detail, and elsewhere in this report have endeavored to state its extent and effect.

During all this period no fighting occurred, nor indeed any disturbance, except in November, 1883, at Pago Pago, a serious dispute about the chiefship between Mauga Ma and Mauga Levi, rival claimants. Some fighting having taken place, the King feared that general trouble might ensue, and, at his request, a British and a German ship, then in the harbor of Apia, went together to Pago Pago with the consuls and two chiefs representing the King and stopped the fighting and brought the two rivals to Apia to remain there one year, which they accordingly did. The effect of this action was excellent and greatly strengthened the Government.

A similar course on the part of the three powers would have undoubtedly produced like results in any rebellion or resistance to the King’s authority which has occurred, so prompt are their people to accede to the commands of the white men when backed by a slight show of force. The existing rebellion would have been prevented or nipped in the bud if it had been discountenanced by the three foreign consuls instead of having been, as you are already informed, supported, both actively and morally, by the interference of foreigners. To this I shall again advert.

Up to July 23, 1884, everything was quiet, and there were no rumors of war whatever. The authority of Malietoa was recognized even by the Atuans outwardly, whatever may have been their inward feelings. A striking instance of this was the bringing to Mulinuu for punishment, by a party of Atuans numbering about two hundred, of several murderers. Under the authority of the Government they were tried and three men were hung during that year, two from Atua and one from Aana, both of these being the provinces which had been opposed to Malietoa during the civil war.

The country then was in a state of profound peace. The authority of one Government was acknowledged more fully than had ever occurred before, even to the unprecedented extent of the administration of capital punishment, never before known in Samoa, except in the despotic methods of barbarism. This Government was fully recognized by the three treaty powers.

While I do not doubt that there was a concealed hereditary feeling of enmity in the hearts of those formerly in arms against Malietoa, it was entirely suppressed,’ and no murmur of it reached the outside world. It was the same sort of feeling of opposition which existed after defeat in Alsace and Lorraine, in Scotland years after the union, and which lasted in the Southern States long after our own civil war. As in those cases, it did not outwardly manifest itself, at least beyond words, among those who sympathized with it.

Such was the condition of things on November 1, 1884, which, for practical purposes, was the commencement of the present period of political disturbances, into the causes of which it has been my special duty to inquire.

The history of the subsequent time is too well understood by you, and its details too fully set forth in the files of the Department to need even a brief rehearsal here. The leading events will, therefore, be referred to by me as facts already well known.

The subject-matter of this report, under ray instructions, includes the causes of difficulties under which the Samoan Government labors, the present situation, and the remedies which may commend themselves to the judgment of the agents.

It will be manifest that the discussion of any one of these distinct matters necessarily involves one and sometimes both of the others; and while for this reason it is impracticable to subdivide the report into separate discussions of the three points to be considered, I shall endeavor to exclude everything which does not bear, either directly or indirectly, on one of them.

elements of society to be considered.

The difficulties which hedge about the present Government of Samoa are duo to causes as diverse and complex as are the constituent elements of society in these and other South Sea Islands, and which must be clearly comprehended before any intelligent plan for the future can be formed.

First. There are the natives, who are blessed with a soil and climate quite equal to the gratification of their simple desires with little or no exertion on their part. The simplicity of their life has reduced the necessary machinery of government to a minimum. Their custom of holding all property as belonging to the inhabitants of the village in common, coupled with a hospitality and generosity quite unsurpassed anywhere, equalize the condition of the idle and worthless and the thrifty and industrious. Hence there was no temptation to cultivate the latter qualities. Then, too, the impossibility, under this system, of the individual accumulation of property rendered difficult, if not impossible, a government which involved any expense and consequent taxation. Two of their customs unite in opposing a formidable barrier to the punishment of crime, and, therefore, to efficient administration. By reason of the community of property, just referred to, a fine imposed upon an individual, or a tax assessed against him, would be paid by the village or community. Again, the multiplicity of chiefs, the respect paid to rank, extending even to a chief’s relatives or connections, and the resentment which would follow any indignity to one of them, resulted in a practical immunity from punishment. Under these conditions the-difficulty, if not impossibility, of any judicial administration as to crimes, by local magistrates, must be obvious. A good illustration of this I find in the language of a Samoan judge in sentencing some prisoners, as reported in the Samoan Times of November 16, 1873. As, from my own investigation, I do not consider it overdrawn, a copy of this item is herewith inclosed, marked Inclosure C.

Nor does this case stand alone, but in many notorious instances there have been natives who, though charged with, and probably guilty of, the gravest crimes, owed their freedom from arrest and punishment to their being sons or near relatives of chiefs.

It is proper to note, in this connection, a difference between chiefship as a mere social rank and as an office involving the headship of a village. Notwithstanding the respect paid to his rank, the position of a chief, or head of a village or community at least, in one of the many grades below the highest, and probably throughout, rests to a great degree upon popular consent, making a curious mixture of hereditary right and popular choice not without its parallel in modern civilized governments.

If a chief becomes distasteful to the people of his village, he may be driven off and ordered to go, or sent with an escort, to his wife’s relations. An instance of this occurred before my eyes, which affords a good illustration of the continuing force and arbitrary application of native customs. A chief of good repute, whose village is within the municipality, was thus ordered off, and went to the village where lived his wife’s relations. He was, after a while, sent back by them, and having returned to his own home, a meeting (fono) was held, and the conclusion was reached to drive him off again. This was accordingly done, and his house pulled down in order to make the banishment effective. This whole proceeding took place within a short distance of the American consulate, and I saw the meeting in progress near the house, then standing, and in less than hour, returning from my walk, I observed the ruined house, and, on inquiry, learned the cause.

All this having been within the jurisdiction of the municipal magistrate, the man could have invoked his protection and lodged complaint against those who had wrecked his home; but no such thought occurred to him, and he acquiesced in the harsh application to himself of the native customs.

There are many other instances which might he referred to, hut as my purpose is merely illustration, I content myself with special reference to the two customs which, in my judgment, have specially interfered with the administration of government by and among themselves.

I lost no opportunity of urging upon all influential and intelligent natives whom I met the extent of the interference of these two customs particularly with effective government, and the necessity of wielding their influence against them. I explained to them the equality of all men before the law in our country, and illustrated the fact that even what they would term the highest chiefs were with us amenable to trial and punishment for crime equally with the most friendless citizen.

While I do not believe in the hasty and arbitrary interference with native traditions and customs, these two would require the immediate attention, as causing most friction, of those who undertake to build up a stable government in Samoa.

Secondly. The foreign element adds greatly to the difficulty of the situation. It is itself of a very complex character, comprising missionaries, traders, adventurers, land speculators, with some white men who embark in legitimate business enterprises such as might be carried on in any wholly civilized country. With some exceptions, it is undoubtedly true that the dealings of most foreigners with the natives are actuated by the most selfish motives, and that every possible advantage is taken of the latter.

The missionaries who have been longest established are those of the London Missionary Society, but there are also very flourishing missions of the French Roman Catholics. The influence of both classes over the natives who have embraced the Christian faith under their teachings is very great. From my intercourse with them I was inspired with great respect for their self-denying efforts; and they are, without doubt, the most unselfish of foreigners in their dealings with the natives. At the same time, it is always to be borne in mind in weighing their opinions that, by a law of human, nature, they regard most favorably those of the natives who are most thoroughly under their influence. This has been greatly extended by their knowledge of the language. Bearing all this in mind, I think the fact remains that they are the only class who are in Samoa for the benefit of the natives, and who, while their views of what is best for the natives may be colored by the influence referred to, have no interests of their own to serve.

The traders, so called, are those who deal directly with the natives. They also usually understand the language, and are generally actuated solely with the desire to benefit themselves. Together with the land speculators, and the two classes are often combined, they have in the past viewed the native wars solely from the standpoint of self-interest, and would seldom hesitate to provoke one if they could profit either by a change in the government or by the readiness to part with the laws which the anticipation of war always produces in the natives.

There has seldom been a time when the islands have not been cursed with the presence of scheming adventurers, who have succeeded in obtaining the ear of influential natives to projects of annexation or modifications in their government which were designed to advantage those who suggested them. The natives, appreciate the intellectual superiority of the white race, yet fail to distinguish that some white men are not worthy of trust as advisers. To this undiscriminating susceptibility to white-influence and the native desire for change are attributable the kaleidoscopic character of their political history and their frequent and contradictory requests for annexation by foreign powers.

Another element of difficulty has been the undue exercise of authority by the consuls, almost necessarily incident to the office in a country like this, which, coupled with the want of means of prompt communication with the outside world, has built up an exaggerated sense of the importance of the position, a habit of arbitrary assumption of authority, and of calling on men-of-war in the harbor to enforce demands despotic in their character, whether justifiable or not. While there have been honorable exceptions in each nationality, I can not doubt that consuls of all of them have, at different times, been instrumental in fomenting political disorders and bringing about civil war.

incapacity of natives for government, unassisted.

Such being the elements of society with due regard to which any government in Samoa must be constituted, I must report, as the result of my intercourse with, and observation of, the Samoans, my thorough conviction that they are unable now, unassisted, either to construct or maintain a government which will enforce authority or command respect. A system of government of their own they undoubtedly had, and, to a limited extent, still maintain, but it has been so interrupted and interfered with by the foreigners who have settled among them that it is doubtful, even if all disturbing influences were removed, whether they could now restore it. They have never had a government which was worthy of the name as we understand it. They have no conception of the modern idea of government. That any system of laws should bear equally on all men is to them a thing impossible of comprehension. Probably no better evidence of the truth of these statements could be had than the history of the country for twenty years past.

The question whether there exists in the Samoan race the inherent capacity, unassisted, to evolve a civilization of their own, it is not necessary now to consider. They live under most of the conditions which the most philosophic writers have laid down as essential to such a result, and they have not done it. Whether they would ever do so will not now be tested, as their future must be worked out under the condition of having the white race alongside of and among them. Therefore, it is only necessary now to go so far as to say that they have not, in themselves, power either to establish or to maintain a government over a mixed population of whites and natives, which is the problem presented for present consideration. Indeed, I may go further and state that even the limited opportunity for observation which I have had, outside of Samoa, has fully convinced my own mind that an autonomous neutral government can not be maintained without the aid of white men in any of the Polynesian communities. This conclusion I have reached after some observation and study of the practical workings of the only two autonomous island communities in the Pacific, Hawaii and Tonga. As the former was mentioned in my instructions as a sort of example of what might be considered desirable in Samoa, and the latter was visited by me officially, it cannot be amiss for me to use them both as illustrations of the proposition I have made.

The Samoans are, in my judgment, by nature fully the equals of the Hawaiians, and naturally superior to the Tongans; hence, they should be susceptible of acquiring the art of government to an extent quite equal to that of the other two races.

In Hawaii there is a government which has hitherto seemed fully to meet the requirements of the country. The king is a man of good natural parts, of education and refined manners; their legislature has been conducted according to modern methods and contains many native members of some force, and distinguished particularly by oratorical ability; their judicial system has been effective and administered by men of legal ability and character, and their civil administration generally has been of the average efficiency. Nevertheless, it is incontestable that this Government has been, in reality, at least until a recent period, a government created and maintained by white men, and that its policy has always depended on the views of the particular white men who happened, for the time being, to have the ear of the native authorities; and upon the citizenship of these persons has largely depended the predominating influence of any one foreign nation in the affairs of the country at any particular time.

It adds much to the force of these observations that if there is any danger of the failure of the Government of Hawaii to meet the just expectations of future efficiency and success equal to that of the past, it arises mainly, if not entirely, from the possibility that the influence of reasonable disinterested white men, or at least those whose interest, is the commendable one of promoting good government, may be weakened, if not supplanted, by the enlarged influence of the native views and habits of thought stimulated by the interference of such white men as commend themselves only by seeking to anticipate and advocate, without discrimination, the views of those who are in power.

So in Tonga, where there is an autonomous native government, with a king who impressed me as a man of as much individuality and force of character as any other Polynesian native with whom I came in contact. It is a government which, at this time, rests entirely upon the shoulders of one European, a man, fortunately, of great ability, and who seems to be thoroughly devoted to the welfare of the country which he has endeavored to lead from semi-barbarism to the position of self-respecting, independent nationality.

What may be the possibilities of the Polynesian race for ultimately acquiring the art of self-government it is impossible now to foresee; nor is it probable that either the present or the next succeeding generation will conclusively develop them fully. It is sufficient, as the basis of present action, that the only practical experiments of autonomous government, according to modern ideas, in Polynesian communities, as well as the conclusions of every intelligent actual observer, alike point to the conclusion that such governments will inevitably draw their inspiration and their vital force from foreigners who, by accident or design, may be in a position to exert their influence. In reaching this conclusion I have not depended solely on my own observation, but the result of that has been re-enforced by the opinions, carefully obtained, of intelligent foreign residents of each of the three groups which I was enabled to visit.

Such, then, being the situation, the dilemma which presents itself is, whether the necessary interference in the affairs of these groups—Samoa being the one now under consideration—shall be an authorized interference, under the control or oversight of one or more foreign powers, or an unauthorized and irresponsible interference of individuals of the white race incidentally resident in the islands, whose influence over the natives may he acquired, not so much by reason of capacity and an unselfish desire to promote the welfare of the people of the country, whether natives or foreign residents, as through craft, treachery, appeals to unworthy motives, promotion of native jealousies, and other selfish instrumentalities. With a few honorable exceptions it is unfortunately true that the irresponsible influence of private individuals in these communities is likely to be of the latter rather than of the former character; and when it is so, selfishness and greed, and not the desire to elevate and improve the natives, is the uniform rule of action and the guiding spirit of the influence exerted.

It is hardly extravagant to say that in the main all influence by private individuals in the government of these communities is prompted, to a greater or less degree, by selfish interests or designs. That it is so arises almost of necessity from the frailty of human nature. Philanthropists, pure and simple, are rare, even among the most enlightened peoples of the world. Self-interest is the mainspring of human action, and none the less so among the foreigners who, many of them by mere accident, find themselves located in the islands of the South Sea. The consciousness of weakness on the part of the natives, and their thorough admission of the superiority of the white race, renders them peculiarly susceptible to the influence of white men, while they are unequal to the distinction between mere intellectual superiority and moral character. Hence it is not difficult for an unworthy foreigner to exercise an influence over them for the most selfish ends. In Samoa this cause has largely aggravated the natural tendency of the native chiefs to dissension among themselves, and in all their internal troubles and native wars for many years the influence of the white man is readily discerned as a factor both potent and mischievous. Evil forces being everywhere more active than good ones, and the more so in a chaotic and primitive condition of society, it is not surprising that in a contest between such forces as are exerted by irresponsible individuals located among the natives the self-seeking and unscrupulous settler has hitherto made his influence more effectual among the natives than that of the few who concern themselves rather with the well-being of the country and its inhabitants than with the pursuit of such profit as may be made for themselves without much discrimination as to the means and methods of acquisition.

The same considerations apply, to a large degree, to the interference in these groups by foreign powers, based solely upon what is termed protection of the interest of their own citizens or subjects.

It would require much less opportunity for observation than I have had to convince a candid mind that the basis of the interest shown by most foreign Governments in the South Sea islands rests, after all, upon a selfish foundation. Where such influence is exerted, as has often happened, solely for the purpose of supporting the pretensions or upholding the so-called interests of citizens or subjects of the power interfering, it, in many cases, simply intensifies and magnifies the most selfish and unbeneficent influence upon the native chiefs by giving to it the backing of a strong and, to them, irresistible power. It is indisputable that this alleged protection of private interests is the gateway through which foreign domination has entered into the islands of the Pacific, and, without any right or title except that by which the lion appropriates the quarry slain by the jackall, it has been applied upon so enlarged a scale that there now remain but three principal groups of islands whose autonomy is respected by the great powers.

From my friendly conferences with the British and German commissioners I was led to conclude that their habits of thought tended strongly to the idea that the right of arbitrary interference with the government of semi-civilized people and control over its subjects sprung directly from the mere fact of the residence in the country of subjects of their respective Governments, and had relation mainly, if not exclusively, to the magnitude of property interests acquired by them there. This view would be the natural result of the practice of European Governments of annexing or assuming protectorates at will over any such country in which their subjects had settled and acquired property interests. The German commissioner always insisted on the right of a predominating influence for Germany, and strongly urged that German interests were of greater magnitude than those of any other nationality. The British commissioner, pursuant to his instructions, opposed any individual predominance as among the three powers, but nevertheless contested the position of our German colleague as to the relative importance of German interests.

I was not, and am not now, after much reflection upon the subject, prepared to admit that in this age of the world mere possession of power to do so carries the right to destroy the Government of a country like Samoa, and to create a new one at will, dependent for its existence and continuance upon what is, in reality, the brute force of the foreign powers, although applied according to modern methods. I believe, and so expressed myself to the commissioners of Great Britain and Germany, that any action of our Government respecting Samoa would not rest upon the mere existence of American interests or property in that country. While these would be protected independently of any interference with the government of the country the action now being taken rests upon the broader grounds of a national and not an individual interest in the preservation of some neutral ground in the Pacific.

The theory upon which have rested up to this time all the dealings of our Government with the Indian tribes has been one which recognized their nationality and denied the right of our people to appropriate their lands by brute force, or otherwise than by virtue of treaties, entered into by them voluntarily and upon full explanation and consideration. It matters not that the practice of our citizens respecting the aborigines may not in all cases have accorded with this theory; the principle has been most persistently maintained, and must be accepted as necessarily underlying all governmental action.

If such a rule of action were adopted and adhered to respecting those semi-civilized or barbarous people who inhabit the territery of the United States, I felt authorized to assume that an equally just and equitable principle would be applied in dealing with similar races outside of our territorial jurisdiction.

In the latter case at least we are happily unembarrassed by the practical difficulties attending the application of the principle to the Indian tribes, upon whose boundaries an active and progressive portion of our people are ever pressing forward and coming in conflict with the natives.

In considering, therefore, the important questions respecting the future of Samoa which are raised by my instructions and referred to me for investigation, I have constantly kept in view, as a fundamental condition, that all suggestions which I might make must necessarily be squared with the theory that the country belonged to the Samoans, except so far as parted with by them voluntarily and obtained from them without fraud. This has rendered it necessary in weighing all plans and suggestions for the future government of the islands to regard the Samoans themselves, their customs and traditions, as factors of prime importance, to be treated with far more consideration than it appears to be usual for the nations of Europe to accord to such peoples. Their custom has been simply to take possession, by the vis majeure, of any group of islands or semi-civilized country, and govern it as an appendage, without any, or at least no more than a merely nominal and compelled, consent from the native authorities.

The arbitrary manner in which, at different times, representatives of Great Britain and Germany have dealt with the Samoans, going so far often as to impose heavy penalties upon them for injuries to their respective subjects, without any semblance of judicial ascertainment either of the existence or extent of such injuries, and enforcing such penalties at the mouth of a man-of-war’s guns, serves to illustrate the habit of applying to such peoples simply the law of superior force.

It is beyond question that the present attitude of the Samoan chiefs is one of such subserviency to the conclusion which it is expected will be reached by the three great powers concerning their future that acquiescence may be expected in such conclusion, whatever it may be. Nevertheless, I have assumed that any agreement respecting them to which the United States is a party must be based upon the American rather than upon the European theory of dealing with such peoples.

local foreign influences.

In addition to difficulties arising from the characteristics of the natives, much of the present trouble is due to the white settlers.

The increasing tendency of Great Britain and Germany to annex and otherwise absorb Polynesian territory has naturally led the subjects of both nations to anticipate the annexation of Samoa by one or the other as quite certain. It resulted that residents of each nationality have for many years actively engaged in the promotion of schemes of annexation by their own Government, and to forestall action by the other. To this end there were constant intrigues to influence the native rulers for the time being, or, if that could not be done, to offset their inclination to the other side by fomenting native dissatisfaction and opposition to the Government, with the hope of bringing about a change, not only of the natives in power, but of the controlling outside influence.

Whatever may have been the attitude of the respective Governments, and their recent diplomatic assurances that an annexation was not intended are quite ample, there can be no question that their subjects have acted on the contrary theory. Nor is this surprising, inasmuch as, within a very recent period, both Great Britain and Germany have made formal proposals to assume control of the group.

It will presently appear that Great Britain did finally peremptorily forbid agitation by its subjects of annexation, but I feel confident that before the arrival of Mr. Travers the position of his Government was not understood by its subjects to be adverse to their plans of practically taking possession of the islands. There can be little doubt that to this result was tending the course taken by the local German representatives at the time when it was arrested by the events of last May, which removed from Apia the settlement of the future condition of the islands.

Even during ray visit I never heard a suggestion respecting the future from the German commissioner which did not involve the administration of the group by Germany, though it was suggested that this should be done under a treaty guarantying the rights of people of other nationalities, a proposition which will be hereafter considered.

The action of British and German subjects and local representatives upon the present condition of Samoa has, in my opinion, been thus general and reciprocal in its influence, but each has had a distinct bearing which renders proper a more particular and separate statement of its character and extent.

While at times projects for a protectorate by the United States have been much discussed, the policy of this Government was so well understood by its own citizens and by foreign Governments and their subjects that such schemes have not gathered sufficient headway in recent years to render it necessary to refer more particularly to them as an element of the present situation, except so far as the action of Consul Greenebaum last May has affected it.

While I believe that if that action had been ratified by the Government of the United States it would have given general satisfaction to the foreign residents in Samoa, excepting possibly the German company of which Mr. Weber is the head, the adverse decision of our Government was so generally anticipated that the only effect of the consul’s action upon the Samoan problem was to remove it elsewhere for solution, and to arrest the operations of the German officials and residents then at Apia.

new zealand annexation projects.

The subject of the annexation of Samoa to Great Britain or New Zealand has been agitated from time to time with great persistence, and has undoubtedly been one of the disturbing influences in the group.

Inasmuch as in the course of our friendly conferences this subject was much referred to, and evidently great stress was laid upon it, as one of the principal causes of trouble, I examined with great care the history of the agitation as contained in the printed official documents of Great Britain and New Zealand.

It has already been noted that early in 1877 the Samoan Government, during the civil war which had then demonstrated its weakness, sent a deputation to Fiji to pray for annexation to Great Britain. To this application no attention was paid, the request being vague and indefinite.

In August, 1879, the treaty was signed by which Great Britain recognized the independence of Samoa; and it was not until 1883 that the subject of British colonial annexation began to be actively discussed in Australia and New Zealand. The basis upon which the agitation rested is well stated in a letter from Governor Jervois, of New Zealand, to the secretary of state, inclosing a bill proposing a general scheme of permissive annexation of the Pacific islands then under consideration in the colonies.

The language used is this:

“That the British Government should, under existing circumstances, take steps for the establishment of its rule over such islands in the Pacific as are not already occupied by or under the protection of a foreign power, and the occupation of which by any foreign power would be detrimental to the interests of Australasia.”

(1) The earliest definite movement in this direction respecting Samoa seems to have been connected with the visits and operations of Mr. John Lundon, formerly a representative in the New Zealand assembly, who visited Samoa in 1883.

Two reports of what Mr. Lundon saw and did were made, one being his own statements, as made in the New Zealand Herald, September 17, 1883, and the other being a communication from Samoa to Mr. De Veoux, high commissioner, in the same month, the writer of which is vouched for by the high commissioner, and his statements, considered by the latter possibly in connection with information which he may have had from other sources, of sufficient credit to be made the basis of an official communication to the New Zealand Government.

Mr. Lundon, in his newspaper reports, represented that there was no government worthy of the name; that the consuls mixed in everything, and that their influence was crossed by the missionaries, who were, in turn, watched by Europeans who had interests in the islands.

In connection with these reports from Lundon there also appeared in the New Zealand paper, September 18, 1883, a draught of a petition proposed to be circulated in Samoa, (1) setting forth that the petitioners had observed with concern the relations existing between the natives, and the unsatisfactory condition of the political government and social order in Samoa; (2) referring with approval to the proposed bill permitting annexation by colonics of Pacific islands (permissive annexation bill); (3) expressing belief that all these evils (in Samoa) would be terminated by annexation; (4) advising a commission to consult on this subject; (5) details to be arranged when basis of annexation concluded.

The New Zealand Herald stated that Mr. Lundon, at the time he wrote on the condition of things in Samoa, and urging annexation, did not know anything about the “annexation act” passed by the legislature (not yet approved by Great Britain).

It was after these publications that the high commissioner’s “informant” writes of the excitement which they had created in Samoa, and refers to the petition as having been drawn up by Sir George Grey and others in New Zealand upon the representations made to them by Mr. Lundon.

The “informant” states that this paper had a most undesirable effect on the opposition party, who made it a protest for claiming that Malietoa had been trying to sell the country, asserting that they would resist annexation by force.

It appears from the statements of this writer that Lundon had, by his mischievous talk among the natives, contributed to this state of affairs; that having failed to enlist Malietoa in his scheme, he abandoned his efforts in that direction and conferred much with Tamasese and Masua, who at that time were still connected with the Government; that he visited Savaii to agitate the subject there. And it was intimated further that Tamasese appeared to encourage Lundon, for the purpose of furthering his (T’s) personal ends, by furnishing him with means for claiming that Malietoa was trying to sell the country.

In October, 1883, the high commissioner, in forwarding his informant’s letter, writes to the governor of New Zealand, and after referring to the arrangement, July, 1881, under which Malietoa Laupepa was made king, and Tamasese (the head of the opposition) was made vice-king, he says:

“The action now being taken by persons from New Zealand is thus calculated to defeat the object which the parliament of that colony appear to have had in view in passing the recent ‘permissive annexation act.’”

He earnestly urges the New Zealand Government to check the mischief going on, referring particularly to Mr. Lundon’s efforts at Apia.

After the receipt of this letter by the governor of New Zealand, and its communication to his premier, the latter disclaimed to the governor any sanction or authority for Mr. Lundon’s actions; and the governor wrote to the high commissioner that the annexation bill was not yet a law (not yet approved by Great Britain), and that Mr. Lundon’s course was not authorized.

Meanwhile, in November, 1883, Malietoa was induced to prefer an application to Great Britain for the annexation of Samoa, and said:

“I and three-fourths of the chiefs and people of Samoa wish to see put up the flag of Great Britain at once.”

This was doubtless mainly the result of the efforts of the unauthorized New Zealand agitators, as there was at that time nothing in the condition of Samoa to press him into this position, as there was at the time of his application, a year later.

Malietoa’s application seems this time to have been transmitted through the government of Fiji. Transmitting it, Captain Ackland, of Her Majesty’s ship Miranda, writes that natives said if civil war broke out in Tutuila they would hoist the English flag over that of Samoa, as a battle flag, and also “that German traders would not object to annexation to Great Britain, but merely as a matter of sentiment would rather see the German flag flying, for they feel that this colony would thrive much better under the British flag than under the German or Samoan.”

In referring to the same application, Mr. Thurston gives his views upon the autonomy of the Samoans:

“Natives of Polynesia are neither capable of forming nor of maintaining any government worthy of the name, any attempts to do so only likely to afford opportunities for involving themselves in difficulties with foreign powers and for entanglements with private speculators and low-class adventurers. * * *

“For years past peace and order have been maintained in these islands by German and English men-of-war and German and English consuls.” * * *

To Malietoa’s petition no attention was paid by Her Majesty’s Government, as appears from the memorandum of the British foreign office, October 17, 1885, which was furnished with my instructions.

About this time, the convention of the colonies to consider annexation, then in session at Sydney, resolved that it was proposed to limit occupation to such an extent as will only be sufficient to prevent interference by foreign powers.

In expressing to the convention his views respecting the South Pacific, Governor De Veoux, of Fiji, said:

“I have gradually formed the opinion that control on the part of the confederated colonies over these islands affords the only reasonable prospect of material and moral advantage to them, and the only rational hope that they will, for centuries to come, prove of any substantial benefit to the world at large.”

This period of agitation was brought to a close by correspondence between Lundon and the New Zealand premier. The former wrote, February 25, 1884, urging his views, and in the course of his letter he says that he had three meetings with the Samoan Parliament, “and I advised them to get their islands annexed to New Zealand,”

The premier’s reply, dated May 30, 1884, states that he repeats in writing opinions recently expressed verbally, and says:

“My colleagues agree with the opinions I stated to you, namely, that the assembly having passed ‘the confederation and annexation bill, 1883,’ which was reserved for the expression of Her Majesty’s pleasure, and has not yet been assented to, the Government are not in any way empowered to receive applications for annexation; and that now, in the absence of authority and while the Imperial Government have the matter under consideration, to take action of any kind respecting Samoa, or to encourage the visit of the proposed deputation, would certainly prejudice, if not defeat, the object which it is stated a large proportion of the people of the group desire to secure.”

This is probably a fair expression of the attitude of the New Zealand Government at this time, and prior to the events which excited the dread of German annexation or predominence in Samoa. That no apprehension on this subject then existed appears from the following extract from the letter of De Veoux to Governor Jervois, October 26, 1883:

“As Germany is not a colonizing power, it is not impossible that her Government might regard with favor the annexation of these islands by England in the assurance that the possession of the private property of German subjects would be thereby guarantied. But, however this may be, a disposition of this kind is not likely to be induced by any agitation which places in immediate peril interests which have hitherto been preserved at so heavy a sacrifice.”

(2) In October, 1884, a somewhat prolonged series of negotiations was opened between the New Zealand Government and the British foreign office respecting the annexation of Samoa.

October 22 Premier Stout telegraphed the agent-general to try and arrange for New Zealand the option of annexing or confederating Samoa under the bill of last year. On the same day the agent-general replied that he could do nothing officially; it would entail refusal; but could represent the matter privately.

On November 19 the governor of New Zealand (Jervois) telegraphed to the Secretary of State the desire of New Zealand and ministers that Great Britain, in negotiations with France and Germany, would secure Samoa and Tonga to New Zealand, and offering guaranty of costs by the New Zealand parliament. On December 11 this telegram was laid before the foreign office, together with another telegram from the governor, of December 6, saying that he had forwarded a petition of the King and chiefs of Samoa to Her Majesty to annex Samoa. The governor states that he is not aware of the circumstances under which the petition was drawn up. It was forwarded to him by McArthur & Co., to whom it was sent, but they had no connection with the movement.

The last telegram introduces the agitation which had again broken out in Samoa. The difficulties between Malietoa and the German consul-general, which are elsewhere stated, had culminated in the pressure of the Samoan Government to execute the treaty with Germany which had been so resolutely pressed by Dr. Stuebel, and and was finally executed November 10.

A petition dated November 5, and signed by the King, Vice-King, and forty-eight chiefs, was addressed to Her Majesty the Queen, referring to the petition sent “nearly a year ago,” and complaining that “no answer has-been received.”

Exactly one week afterward Malietoa, having been induced to sign the German treaty, addressed to Her Majesty another petition, dated November 12, assigning as the reason for the renewed application the painful apprehension that Germany intended to annex the islands, and excusing the Samoan Government for their assent to the treaty under these fears. On the same day he addressed a note to the British consul, advising him of the petition and giving the same statement respecting the German treaty.

Subsequently Malietoa addressed a communication on the same subject to the consul of the United States, which was dated December 1, and which was evidently intended as an explanation to the Government of the United States of his action in soliciting the interference of Great Britain. Copies of these communications from Malietoa are herewith annexed, marked Inclosures D 1, 2, 3, and 4.

This second application was transmitted to England with sundry papers relating to the transactions of November in Samoa, but they were not received until January, 1885, after the previous one had been acted upon.

The foreign and colonial offices concurred in an understanding to reply to the governor of New Zealand adversely to annexation, but owing to circumstances connected with New Guinea, etc., the telegram was not sent until January 3, 1885.

During December the German Government communicated, through Sir E. Malet at Berlin and Count Munster at London, the information received by it of efforts on the part of the King of Samoa to obtain a British protectorate, and that private individuals had been working in the islands of Samoa and Tonga for British annexation, and requesting an assurance on that subject, and that the Government of Samoa should be informed that such a movement was disapproved by Her Majesty’s Government. Both of these things the British Government were willing to do, but the action was delayed, as above stated, by the New Guinea occurrence.

Meanwhile persistent telegrams from the New Zealand premier to the agent-general urged the annexation of Samoa, Tonga, and the Hervey Group, and the agent-general kept replying that it was impracticable. At last the New Zealand governor telegraphed further urging annexation and about sending a steamer to Samoa; and this brought, on January 3, 1885, the answer, which practically forbade action by the New Zealand Government, stating that the “German Government has given and received assurance within last few days that independence of these islands should be maintained.”

In reply the New Zealand authorities promise that no steamer should be sent, but complained of the circumstances attending the signing of the German treaty of November 10, 1884; but on the following day the premier of New Zealand telegraphed to the premier of Victoria, making somewhat excited complaints of the “supineness” of the home government, and as a result instructions were telegraphed to the agent-general of Victora to unite with the agent-general of New Zealand in protesting at London.

After the exchange of assurances respecting the independence of Samoa between the British and German Governments, further correspondence ensued between the New Zealand Government and the home government, the former again urging that it be allowed to send a steamer to Samoa and arrange matters on the spot.

The text of the German treaty having been received in New Zealand, was telegraphed to England with complaints of the New Zealand Government respecting the assurances given to Germany, and that the German consul’s action regarding the treaty was a breach of the assurances exchanged. The desire of Malietoa and his people for British annexation was again urged, the subject having been renewed in another letter from Malietoa to the governor of New Zealand, dated November 25, 1884; and also a letter from Mr. Churchward, the British consul, in which he represents the feeling in Samoa in favor of annexation to be very strong in general, and with reference to the application from Malietoa, he adds:

“Your excellency may be surprised at their not having sent their application through me, but in reality they were acting in strict accordance with my advice, very frequently sought for, viz, that if they wished Great Britain to take favorable notice of their wishes as to the matter of cession, it must not be the result of official influence, but must be an unconditional act of and from themselves as a nation; also, that it must be the desire of a decided majority.”

The new German treaty was then the subject of communications between the British and German Governments, and the new Zealand Government again urged that permission should be given to send their steamer to Samoa to make an agreement similar to that of Germany. The governor, telegraphing this proposition, added his own disapproval of it, very sensibly remarking that “if the internationalization of the islands is to be maintained, I feel it should rather be by the canceling of special advantages conceded to Germany or any other power than by making counter agreements.”

The British Government now ordered a war vessel to Samoa, and so advised the New Zealand Government; but the latter still urged the project of sending its own steamer, or, if that should not be permitted, requested that the British vessel should call there and take a New Zealand minister down to make an inquiry. The governor, in telegraphing this request, again expressed his own dissent from the request of the minister.

On January 20 the foreign office replied that the government could not approve; that the question was not regarded in Europe as one depending on the national feelings of the Samoans; and that there was no reason for the inquiry which the Government of New Zealand contemplated making.

The governor telegraphed on the following day, “No steps will be taken here,” and this concluded all correspondence relative to the proposition of the New Zealand Government to send to Samoa its steamer, the Hinemoa.

In concluding a summary of the entire correspondence the governor of New Zealand, whom the correspondence shows to have been much more conservative on the subject of annexation than his ministers, expresses his own feelings with respect to the annexation of Samoa and Tonga as follows:

“I can not but feel that the annexation of these islands and of Tonga, in some form or other, would be most desirable in the interests of the islands themselves, of this colony, of the Empire as whole, and of other powers concerned.

“There is no hope that a purely native government will be able to deal with the complicated questions which must arise from the presence of numbers of Europeans of different nations, and possibly an influx of Asiatics and Americans.

“An irregular sort of government by foreign consuls acting in the name of a native king is unsatisfactory, tends to complication and misunderstanding, and, at best, can not be firm. The only means, therefore, of avoiding anarchy is by placing the administration of public affairs in the hands of one civilized state; in a word, by annexation. The question then arises, which state shall annex? And, whilst observing that the natives themselves express a decided opinion in favor of the United Kingdom, I submit that the interests of all nations would be best served by Samoa becoming a British possession under such guaranties as would be satisfactory to other powers.”

He argues that foreigners in British colonies are always accorded equal rights, etc., and concludes:

“At the same time I do not lose sight of the fact that no step can be taken in the way of annexation without consulting the wishes of other powers who possess important interests in the South Pacific.”

The discussion of the Samoan treaty continued between the British and German Governments, the latter through Count Munster, in a note of January 28, 1885, stating its intention toratify the treaty, and adding a request that the former should put an end to the agitation for annexation from New Zealand.

(3) Before this note was answered information was received in Europe of the proceedings of the German consul-general at Apia on January 23. The first information of it seems to have been received from the German Government through Her Majesty’s ambassador at Berlin, and was accompanied by assurances from Prince Bismarck that he had no intention of sanctioning either annexation or a German protectorate in Samoa.

When the news reached New Zealand the telegraphic correspondence with the home government was re-opened. The governor reported that Malietoa had written to him protesting against the action of Dr. Stuebel. Malietoa, in the letter here referred to, and also in one of the following day to the British consul, complained of the harshness of the German consul, and that Tamesese had stated his expectation of being made King at Mulinuu within a few days. It was after the receipt of the telegram of the governor of New Zealand that the British foreign office replied, under date of February 16, to Count Munster’s note of January 28, the latter having been meanwhile the subject of correspondence between the colonial and foreign offices. In his reply Earl Granville objects to the German treaty, and states that the feeling in Samoa for annexation “appears to be spontaneous and genuine, and there seems to be more reason to suppose that it has been instigated by Englishmen than that it has been intensified by the recent action of German representatives.” He expresses the gratification with which “I had learned from Her Majesty’s ambassador at Berlin and from your excellency that your government had promptly repudiated the action of their consul at Apia in hoisting the German flag over some land there.” And yet Dr. Stuebel did not remove this flag until more than a year after this time.

In the correspondence between the colonial and foreign offices which preceded this dispatch, the former expressed the opinion that there were no grounds for Count Munster’s complaints about New Zealand agitation, adding, “The feeling in Samoa in favor of English annexation appears to be spontaneous, national, and genuine.”

Nevertheless, on February 18 the following caution was telegraphed by the secretary of state to the governor of New Zealand:

“Forward by first opportunity to consul Samoa direction not to give any countenance or support to any movement for annexation to Great Britain.”

At the same time the Secretary of State wrote to the governor of Fiji, also the acting high commissioner of the western Pacific, as follows:

“Her Majesty’s Government are in communication with the German Government with a view to maintaining their agreement that both countries shall respect the independence of this group of islands [Samoa], and I have therefore to direct you to cause the Samoan Government to be informed that any movement in favor of British annexation is disapproved by Her Majesty’s Government.”

Of these communications the German ambassador was informed on March 23. The renewal of the agitation in that colony, however, which had followed the proceedings of January 23 at Apia, was not so easily arrested. Mr. Lundon had been at work in Samoa and had obtained the passage of an act for the annexation of those islands to New Zealand, a copy of the translation of which act, dated February 9, 1885, is herewith inclosed, marked Enclosure D 5.

This bill was inclosed by Lundon to the premier of New Zealand in a letter of March 16, arguing that the Samoa Parliament has been judicially recognized by the supreme court of New Zealand in the case of Hunt vs. Gordon; that great disappointment would ensue if the proposal were not acceded to; that the German interests in Samoa were greatly exaggerated, the traders being mostly British; that Mr. Weber, the head of the Germany company, was actively promoting the rebellion; and that the expenses of annexation would be light and easily recouped by custom duties.

This letter and the Samoan act were forwarded by the premier to the agent general, urging that Great Britain should yield to the joint representations of Samoa and New Zealand and proclaim Samoa a part of the British Empire: that if this were impracticable, then that a treaty was necessary between the three powers to preserve Samoa as neutral territory. A few days later Mr. London again writes to the premier of New Zealand, inclosing a letter from Marietta to Sir George Grey, commending to him a native deputation to New Zealand, because, as he says, “Mr. John London has told us that you take great interest in the Pacific Island people.” There was also inclosed a letter from the King to Lundon, in which he uses the expression, “By your desire my Goverment has passed a bill.”

A subsequent letter from the King to Lundon was also inclosed, bearing date February 16, and saying that the deputation is not going to New Zealand by request of the British consul.

A fourth inclosure is a letter from the King to Messrs. Gray and Lundon, February 17, asking them to act for the Samoan Government as agents to arrange annexation to New Zealand.

Sir George Grey replied to the King, April 14, in a long and admirable letter, advising independence rather than annexation as best for Samoa; and the premier replied to Malietoa, April 2, that New Zealand could not take steps for annexation, in view of negotiations going on between Great Britain and Germany.

This statement was the result of the correspondence which had been going on with the home Government, and the subject was concluded by a dispatch from the Earl of Derby on April 15, that “even if there were not in existence an explicit understanding with the German Government that neither country shall annex the Navigators’ and Friendly Islands, the extent of German interests in them would preclude Her Majesty’s Government from advising that measure, unless with the full concurrence of the German Government.”

This conclusion was accepted by the New Zealand Government as final, as appears by a dispatch from the premier to the agent-general, June 5.

On the 15th of July a memorandum from the ministers to the governor of New Zealand reviews the matter, stating that New Zealand had discouraged annexation and had prohibited New Zealand colonists going to the islands from carrying any official proposition or statements that annexation would be accepted.

The only further agitation of the subject during 1885 was some correspondence with Lundon, in which the question of the purchase of German interests in Samoa was mooted, and also a correspondence between Malietoa and the premier, in which the former writes, August 11, that there is great anxiety to have good results from the negotiations between Great Britain and Germany. He still expresses the desire for annexation and refers to the rebellion as caused by Mr. Weber.

On September 28 the premier acknowledges the King’s letter and states that the islands are still under consideration by the powers; that under these circumstances any contrary action by Great Britain is out of the question, especially after the United States has ordered forthwith a vessel to Samoa. He refers to the suggestion made in Berlin for a partition of Samoa, the United States to have Tutuila, England Savaii, and Germany Upolu, as one for which he knows no authority.

Referring to the resignation of the ministry in England, he says, “Every question relating to the Pacific islands may now go into another phase,” and thinks it futile to say any more until a new Government is formed.

(4) The last discussion of the subject of Samoa in New Zealand was occasioned by the action of Dr. Stuebel, December 31, 1885, in forcibly hauling down the Samoan flag.

The news was received in England by a dispatch from the British consul, and immediately communicated by Lord Salisbury, in what is called an energetic telegram, to Berlin. Assurances were received that no annexation of Samoa would be allowed, and that the existing negotiations between Germany, England, and the United States would be maintained inviolate.

Surprise was expressed at this news, inasmuch as the commander of the Albatross had said nothing of any disturbance in dispatches sent by him on December 31.

On the same day that this communication was received from England the governor of New Zealand telegraphed:

“Two Samoan chiefs paid visit to me to-day, urging on behalf of King and people of Samoa that Great Britain should undertake the government of their country, and stated that all trouble would then cease.”

The fact that no information was received by the German Government was explained by the fact that their dispatches were sent by the regular mail, which left Apia prior to the occurrence in question, while the telegram of the British consul was forwarded by a special boat which carried the two Samoan chiefs over to the mail steamer.

On January 21 the premier telegraphed to the agent-general in London about the German flag in Apia and the two chiefs in New Zealand awaiting decision, and the agent replied that nothing would be done, except that neither Germany nor England would annex, now that America had intervened. At this time the subject was being agitated in the newspapers in the United States, and it was stated that a Government vessel would be sent to Samoa. The admiral of the squadron received orders to send a vessel and ordered one to sail in February. The Mohican did sail for Samoa March 6.

In addition to the telegraphic correspondence just referred to, the premier wrote a long letter to the agent-general, dated January 22, reviewing the situation and indicating a strong desire for the annexation of Tonga and Samoa.

On January 27 the agent-general wrote to the premier, stating Lord Salisbury’s assurance in the House of Lords that there was not, in any hypothesis, any danger of annexation of Samoa by Germany. Some events were not only imperfectly reported, but reports were not received at Berlin at all; but Her Majesty’s Government had received the most positive assurances that Germany would adhere to the existing treaties about Samoa.

On the 20th of January the Secretary of State telegraphed to the governor of New Zealand that it was “entirely out of the power of Her Majesty’s government to entertain proposals of chiefs,” and referring to the German assurances on the subject.

It appears from the foregoing that the agitation in New Zealand for the annexation of Samoa may be referred to four distinct and separate causes, always remembering that there existed in that colony a strong desire in this direction, which needed only an exciting cause to develop it into active agitation. I refer, of course, to such agitation as received any official countenance or support, and not to the occasional and sporadic efforts of individuals in Samoa to promote this end.

First was the agitation commenced and systematically promoted in 1883 by Mr. John Lundon. He was a man, as I was informed, of the class who make continual trouble among the South Sea natives. He sowed the seeds thoroughly, which subsequently produced repeated crops under the influence of local troubles. His original scheme died out, however, and his action was finally disavowed by the government of the colony.

The second period of agitation was connected with the pressure brought to bear upon the government of Samoa to execute the German treaty of November 10. It is true that the New Zealand government had reopened the subject by a suggestion just prior to this time, but it brought back an unfavorable reply from England and went no further.

The third period of agitation grew out of the feeling aroused by Dr. Stuebel’s action in raising the German flag, January 23, 1885.

And the fourth was there-opening of the subject in consequence of his proceedings on December 31, 1885, when the Samoan flag was hauled down.

local german influence and action.

The action of the local German representatives since November 1, 1884, was so intimately connected with the existing rebellion against the authority of the King that it was impossible, even in the most cursory investigation into the affairs of Samoa, to avoid the discussion of it as one of the most potent causes which have contributed to the present situation.

It will be recollected that Dr. Stuebel assigned as a reason for his action in raising the imperial German flag at Mulinuu that it was “a public manifestation “of the taking possession, “as security, of all the land which now constitutes all the municipality of Apia “as far as the sovereign rights of Malietoa and his Government were concerned. This act has been characterized as an attachment by way of reprisal for wrongs done to the German Government by the existing Government of Samoa.

In view of the existence at that time of the municipal board through which representatives of the three powers exercised, by delegation from the Samoan Government, all the powers of government within the territory specified by Dr. Stuebel, that act was directed, not only against Malietoa and his Government, but was also an interference by the German consul-general with rights duly acquired and then exercised in part by the Governments of the United States and Great Britain.

This fact alone would make it not only proper but necessary, in any discussion of the subject under consideration, to ascertain precisely the bearing of Dr. Stuebel’s action upon the relations of the treaty powers to the Government of Samoa. Its repudiation by the Imperial Government as soon as reported, and within less than two months, may render it unnecessary to consider how far Dr. Stuebel’s impulsive action was to be treated as derogatory to the dignity of the Governments of the United States and Great Britain as represented in the municipal board; but that repudiation did not then, and has not yet, extended to the restoration of the status quo ante in Samoa to repair the injuries caused by it in that unhappy country. With respect to these effects, therefore, it is essential to consider dispassionately whether any, and if so what, contribution to the recent entanglements were due to this now repudiated action.

In view of the fact that this subject involved a consideration of the course which was deemed proper by the representative of a friendly power, and one earnestly engaged in co-operating with other Governments, including our own, in assisting to establish a stable government in Samoa, I have taken special care to bring to bear upon the action of Dr. Stuebel, and the circumstances surrounding it, all the light which was available from every point of view. I have examined very carefully all the statements made by himself of the grounds of his action and the events which led up to it, and have also conversed freely and frankly on this subject with the German commissioner and have heard all that he had to say with respect to it.

It may be remarked here that very early after my arrival in Samoa I perceived how important was the bearing of Dr. Stuebel’s action upon the situation; and at the first meeting which we had together, both Mr. Thurston and I mentioned the matter to Mr. Travers and asked that, inasmuch as the acts of Dr. Stuebel seemed to us both to enter materially into the investigation, we might be informed fully as to the acts of the Samoan Government for which the so-called attachment of sovereign rights in the municipality had been made as a reprisal. It was subsequent to this inquiry, and at the same interview, that Mr. Travers expressed the views respecting the methods of our investigation which led to the difference of opinion between us heretofore stated; and I afterwards learned from him that his objection, then expressed, to our considering the communications which might pass between us as other than confidential ones was promoted by a slightly unpleasant impression resulting from the coincident inquiry which we had made respecting Dr. Stuebel. It appeared to Mr. Travers, and perhaps not unnaturally, that at the outset Mr. Thurston and I were undertaking an investigation into the official acts of the German consul-general.

The coincidence of our inquiry on this subject was purely accidental, and, properly understood, indicated nothing, except that the matter had appeared to both of us as important. The fact that Dr. Stuebel’s act had been so promptly disavowed by his Government seemed to me to deprive it of any official character; and, even if there were any reason why we should not all consider the bearing of the official action of any of the consuls upon the condition of the country, that particular act, with its incidents and consequences, seemed to have been relegated by his own Government to the category of private action.

It is proper to add that this slight misunderstanding on the part of Mr. Travers was afterwards the subject of full explanations between us, and not only did it fail to disturb in any degree our frank and cordial relations, but I think that he understood precisely the character of my inquiry.

To recur, then, it must be recalled that the breaking out of the present rebellion in Samoa was coincident with the action of Dr. Stuebel on January 23, 1885; that prior to that time the country had been for three years and a half at peace; that, so far as the natives were concerned, the authority of the Government was fully established; that Tamasese, the leader of the party now in arms against the Government, was, in his position of Vice-King, acting in friendly concert with Malietoa and taking an active part in all that was done.

Up to the period intervening between the execution of the treaty of November 10, 1884, and the raising of the imperial flag on January 23, 1885, there was not a breath of opposition to the existing Government, and no disposition shown to break the peace which had resulted from the Lackawanna negotiations.

The only objection that was heard from, any quarter related to the inefficiency of the Government in punishing natives for depredations upon the property of foreigners, and particularly in giving effect to judgments rendered against such offenders by the German consular court.

Dr. Stuebel, in his proclamation of January 23, sets forth as the ground of his action that during the long period that Malietoa has been King the Government of Germany has been treated with unkindness and injury, and all agreements that have been made between the Governments of Germany and Samoa have been repeatedly violated. In his letter to the King of January 23, 1885, he states as the cause of offense the disregard of German treaty rights, specifying only as occurring prior to November 10, 1884, the failure of the Government to restore persons who had escaped from the German prison. Dr. Stuebel also complains of the expression in Malietoa’s letter of November 20, “that it is generally known that Samoa was to be taken by force by the German Government;” and also the expressions in speeches derogatory to Germany accredited to two chiefs connected with the Government.

Even my limited stay in Samoa taught me to be very cautious in accepting reports of expressions by the natives in their own language; the translation is too apt to be colored by the inclination of the interpreter to make mischief or to promote good feeling. Even Malietoa’s letter is incorrectly quoted by Dr. Stuebel, his expression being “the report that Germany was about to seize our country was widely spread “(general), language of very different effect from that attributed to him. But, even assuming these reports to have been true, it is to be noted that the instances of annoying expressions referred to all occurred after the period when the circumstances attending the execution of the treaty of November 10 had produced strained relations between the King and the consul-general.

Dr. Stuebel’s statement that “during the long period that Malietoa has been King the Government of Germany has been treated with unkindness and injury,” is very far from being correct. The Malietoa family were largely indebted to German influence, and especially to Mr. Weber, for their restoration to power after the final defeat of the then existing Government of the Taimua and Faipule. In fact, Mr. Weber has more than once appeared in the role of an instigator of rebellion against the existing government, after that government had failed to be subservient to his influence. In 1879 when Malietoa Talavou was carried off in a German schooner which he had chartered, the Bismarck, with Mr. Weber, then consul, on board, recaptured the schooner, released Malietoa Talavou, and imposed and collected a fine of $2,500 from the opposing forces. In the same year, Mr. Weber, as consul, was a party to a proclamation urging the members of the former government to “have sufficient regard for the best interests of their country to discontinue a contest the prolongation of which can not but inflict the greatest evils upon their nation, and that they will hasten to acquiesce in the restoration of the regal authority of the Malietoa family.”

The peace of November, 1879, was negotiated by the captain of the Bismarck and Mr. Weber, and it was through their influence mainly that the agreement was reached that Malietoa Talavou should be King and his nephew Vice-King, with the right of succession, and thereupon Malietoa was saluted by the German ship. To this agreement, entered into with great formality and deliberation, Captain Deinhard and Mr. Weber were two of the three witnesses.

In March of the following year, Captain Zembsch, the successor of Mr. Weber, was a party to the consular agreement that the present King should be supported as the head of the Samoan Government for life, and his successor should be agreed upon by the three protecting powers.

Early in the spring of 1881 the German consul was present at the coronation of Malietoa, and declined to recognize an opposition attempt to crown Tamesese King of Atua and Aana. In 1883, when the natives attempted to re-open the discussion of the king question, the advice of the consuls was asked, and the German consul-general first expressed his opinion, in which the other consuls concurred, that no less than seven years should pass without change, in order to give rest to the country. And a short time afterwards, when an attempt was made to induce Malietoa to agree absolutely to resign in seven years in favor of a member of the Tupua family, the consuls supported him, and the German acting consul-general announced his instructions to support Malietoa, if necessary, by force. Thus the record shows clearly that not only was Dr. Stuebel mistaken in the statements referred to, but that German support, both official and private, was accorded to Malietoa, until the occurrences of 1884, out of which grew the differences now under consideration.

A copy of the proclamation of Dr. Stuebel and his letter to the King, as well as Malietoa’s letter of November 20, 1884, although already on the files of the Department, are, for more convenient reference, herewith inclosed, marked Inclosures E 1, 2, 3.

Laying aside for the moment the matter of the inefficiency of the Government, the only complaint formulated against King Malietoa prior to November, I am convinced that the means by which the assent to the treaty of November was obtained by Dr. Stuebel was subject to reasonable criticism in view of the relative strength and position of the two Governments; for the character of the relations between the King and the consul-general subsequent to that time, if the former is blameworthy, no less so is the latter.

Some letters bearing on this subject are herewith inclosed, marked Inclosures E 9, 10, 11, 12.

I have no doubt that the conduct of the Samoan Government was very aggravating to the German consul-general; but it was conduct which resulted rather from the inherent characteristics of the people than from any ill-nature toward him. Much less was there involved any disrespect or hostility toward the German Government.

If, through his strong desire to promote the interests and secure the rights of his Government and its subjects, Mr. Stuebel failed in the exercise of that tact which is necessary in all diplomatic intercourse with such people, I feel sure, from the impressions I have received of his personal character from Mr. Travers and our acting consul, Mr. Hamilton, that, on reflection, he would desire to repair any injury done by it, and that his Government would certainly be disposed to take it into account.

To return to the transactions leading up to the treaty of November 10, it appears that early in 1884 the German consul directed his efforts to securing a more thorough system of dealing with natives charged with committing depredations on German plantations. The punishments and tines inflicted by the consular courts whose powers were defined by existing treaties were not satisfactory; certain prisoners had escaped, and fines had not been paid up, owing, mainly to the natural inefficiency of the native Government. It was with this view that the German consul-general addressed a letter to the King, recounting in full the grievances of which he complained. A translation of this letter is herewith inclosed, marked Inclosure E 4.

Having observed that this letter seemed to be a full statement by Dr. Stuebel of the grievances complained of, and that it corresponded quite fully with the verbal communications on this subject of Mr. Travers, and having access only to a Samoan copy of it, I requested from him an accurate English translation, which he kindly furnished me, and which is the one inclosed.

Finding that the Samoan Government were not disposed to make the concessions demanded, the policy of the consul-general became aggressive; and he seems only to have awaited the arrival of the German vessels of war—two of which arrived during the same month—to carry his policy into effect. Meanwhile, the native Government, actuated probably more by fears occasioned by the threats of the German consulate and the appearance of the ships of war than by a spirit of duty, humbled themselves before the consul-general, promising to do all in their power to render the most complete satisfaction.

The opportunity being propitious for securing more than a mere apology, the consul-general insisted that no reconciliation was possible except upon the execution of a treaty which he proposed. A copy of this treaty was, for purposes of examination, asked for and denied. The only opportunity which the Samoans had for understanding its provisions was when it was read to them by a native interpreter, then and now in the employ of the German consulate, who carried it away after reading it.

It is apparent that the real object of this treaty was to secure to German settlers extraordinary concessions and discriminations, to the exclusion of persons of other nationalities. Its provisions were such as, in view of the relations existing upon this subject between the three treaty powers, would not be submitted to by Great Britain and the United States, and which, under a proper understanding of them, it was not proper for the Samoan Government to agree to.

At the time of the execution of the treaty the King evidently meditated an escape from the consequences of his own act; for, in order to render void the proposed treaty, he immediately appealed to the representatives of the United States and Great Britain in Samoa for protection, and made formal application for annexation to Great Britain in the two applications elsewhere referred to, one signed during the pressure upon him to agree to the treaty, and one after it had been executed. The consul-general endeavored to have Malietoa recall his application to the Queen, hut the King remained firm; and very soon the extreme policy upon which Dr. Stuebel resolved, and which has since been disapproved by his own Government, was put into practice, and the imperial flag was hoisted at Mulinuu by the aid of an armed force from a German man-of-war in the harbor and by a large party of armed natives in the service of Mr. Weber, in the presence of the German consul-general in uniform.

With respect to the transactions of the Samoan Government which resulted in the forcing of this treaty upon it, I have no doubt as to the substantial accuracy of Dr. Stuebel’s statements of them contained in his letter already referred to. What he complains of, as will probably be apparent from the views herein expressed upon the subject of the capacity of the Samoans for efficient government, appears to me to be quite characteristic. The only question is, whether the course upon which Dr. Stuebel entered and the methods employed by him were wise and prudent, having due regard to the character of the people with whom he had to deal. If the result of his action had been merely the raising of the imperial flag, which was afterwards removed, the character of his acts would be immaterial to the present inquiry, inasmuch as the most serious of them has been disavowed by his Government. In spite of that fact, it remains true that immediately after the raising of the imperial flag a partial disruption of the existing Samoan Government occurred; that the Vice-King, theretofore acting in harmony and co-operation with the Government, departed from Mulinuu, after stating just before doing so that he was going to leave; that the Germans were now going to support him, and that he was going to set up a government at Leulumoega. With this man, who thus became the head of a rebellion, the relations of Dr. Stuebel, so long as he remained in Samoa, were close and intimate; so much so that in last June, during the efforts to promote peace among the natives, he conducted negotiations between the consuls and Tamasese; and although his Government recognized, and still recognizes officially, the Government of Malietoa, he was the agent through whom all communications with those in rebellion were made, and at whose instance they disbanded their armed forces.

In addition to this, Mr. Weber, the head of the large German company in which are centered the principal German interests of the islands, at the time of the outbreak was openly active in promoting schemes for bringing about a revolution, and from that time to the present was, almost without attempt at concealment, largely engaged in the supplying of arms to the insurgents.

Mr. Weber is, of course, a private citizen, although formerly he was consul for Germany; but his relations with Dr. Stuebel and with the official representatives of Germany in the islands are of so intimate a character that his active support and encouragement of the insurrection among the natives carry to their minds an impression of official significance. The rebellion, which, it can hardly be doubted, had its origin in the unauthorized action of Dr. Stuebel, and the encouragement given to it by him and by Mr. Weber, would have gained little headway if the action of Dr. Stuebel had been reversed immediately upon its disapproval by his Government. On the contrary, although, as appears by Lord Granville’s dispatch elsewhere cited, the Government of His Imperial Majesty had disavowed the action early in the month of February, 1885, the Imperial flag, instead of being removed, continued to be raised by Dr. Stuebel, and the occurrences of December 31, 1885, which were precisely in the line of the consul-general’s unauthorized action of eleven months before, occurred ten months after its disavowal.

The unfortunate results of Dr. Stuebel’s action were not confined to his own course, supplemented by that of Mr. Weber. In April, 1886, the German squadron under the command of Admiral Knorr arrived, and the conduct of that officer was such as very seriously to complicate the situation and to promote the rebellion and civil discord already existing. This action must necessarily have been due to Dr. Stuebel’s influence and to what would have been a natural assumption on the part of the admiral that he was to act in co-operation with the consul-general. It cannot be presumed that his action was such as would have met the approval of his Government, in view of the fact that it was simply in the line of the action of Dr. Stuebel, the beginning of which had been so promptly disapproved.

On the arrival of the squadron, Malietoa, mistaking the object of the admiral’s visit, and assuming that he was there to investigate the condition of affairs, addressed him a letter which presents very fully his side of the controversy with Dr. Stuebel about the prisoners, and which, as Dr. Stuebel’s letter has been inclosed, is also herewith inclosed, marked Inclosure E 5.

About this time the admiral, not having before or afterwards during his stay paid to King Malietoa a visit, as was customary, went with his ships, accompanied by the German consul-general, the vice-consul, Mr. Weber, and others, to the headquarters of Tamesese and the insurgents. A brass band from the ships was paraded on shore, and an enthusiastic reception had, and encouraging speeches were made by the admiral, the consul-general, and others, a proceeding of which no one acquainted with the character of the natives will fail to perceive the significance.

In view of these proceedings, and a failure of the admiral to answer his letter, the King caused to be addressed to him another letter, dated May 10, in which he expressed regret at the discourtesy of a failure to reply to his former letter, and protested against the visit to the “rebel leader.”

A curt reply from the admiral to the first letter was dated May 9, and addressed to the “Head Chief Malietoa.” A reply to the second letter was received through the flag lieutenant. The admiral stated that he had no authority to investigate the action of the consul-general, and adds, as a reason for non-intercourse, “and also it is not possible for me to treat with a party government which in a rough and unthankful manner opposes the treaty not only, but also offers the rightful German influence most objectionable opposition.”

The admiral’s statement is more blunt than that of Dr. Stuebel, but possibly not less accurate.

The letter of the flag lieutenant, in the name of the admiral, declares as inadmissible that the person of the Imperial German representative has been attacked by insulting expressions, and threatens, in the event of its repetition, immediate redress. He also states that Malietoa’s letter contains little else than positive untruths, and expresses some irritation at Malietoa’s imputation of a want of courtesy in the delay of the admiral in answering his letter. Copies of the foregoing correspondence are herewith inclosed, marked Inclosures E 6, 7, and 8.

It is to be regretted that the admiral, who had naturally received his impressions of the political matters from the representative of his nation, had become strongly influenced by Dr. Stuebel’s personal feelings, which, it is evident, had largely grown out of circumstances and transactions which did not receive the sanction of his Government and were so clearly inconsistent with its official utterances, both to the Governments of Great Britain and the United States, with respect to Samoan affairs; so that what was done by the admiral during his visit simply added another circumstance to the unfortunate train of consequences of Dr. Stuebel’s unauthorized action, which not only intensified but perpetuated the evil effects which originally resulted from it.

In the light of all these circumstances, it can not be questioned that the continuance of the existing rebellion in Samoa is largely due to the unauthorized action of German local officials and resident subjects not consistent with the declared policy of their government, as embodied in its diplomatic communications. The status quo ante, therefore, was not restored by the final hauling down of the German flag, and could only be restored by the subjugation of the insurgent forces, the abandonment of their attitude of rebellion and the restoration of the native government to its condition of December, 1884.

In this connection it should in fairness be stated that, while it is true that the main moral support of the rebellion has been drawn from the sources stated, another factor has contributed to its present existence. That it was not long since ended is due not only to the disaffection of its native supporters, but also to the failure of the Samoan government to suppress it. That the latter has not been done is due to the interference of the three powers quite as much as the promotion and continuance of the native revolt were due to the moral influences before stated. Of the ability of the Government to put down the rebellion by force of arms I have, after careful investigation, no doubt whatever.

From this view it follows that the present condition of feeling towards the Government of Samoa on the part of His Imperial Majesty’s Government is due not to transactions with His Majesty’s Government or with officials acting under the authority of, or consistently with, the policy of his Government.

The objections of Malietoa to Dr. Stuebel personally, and his request for his removal, certainly can not be treated as a cause of offense to his Government; because, if Malietoa is to be treated as in any respect a sovereign, his feelings must be admitted to be natural, and he surely had the right to make the request.

The change in consular offices, both of Germany and of the United States, and, in fact, the arrangement for this special investigation, were necessarily based upon the assumption that the administration of the consular functions in both offices had not been in accord with the views of those who administered the respective Governments.

I am convinced that neither on the part of the King nor any of the officials connected with his Government in Samoa is there any feeling other than respect both for His Majesty the Emperor and for the Government of Germany, and I venture to suggest whether, inasmuch as the present relations between Germany and the existing Government in Samoa are, to some extent, a stumbling block in the way of what seems to me a proper adjustment of the Government, it may not be a proper occasion for the Government of the United States to act upon the fifth article of its treaty with Samoa, and to “employ its good offices for the purposes of adjusting, upon a satisfactory and solid foundation,” the differences which unhappily have arisen.

interruption of consular unity.

The Government of Samoa for some time past having been substantially a government by the foreign consuls, the interruption of the unity of action of these officers has undoubtedly contributed to the present chaotic situation. Indeed, in my conversations with Mr. Travers this was referred to by him as one of the prime causes which had brought about the present demoralization.

Any inquiry as to the responsibility for the continuance of this unity of action I consider, under existing circumstances, it would be futile to undertake.

The serious rupture in the consular relations would probably be found to be closely connected with the proceedings of the German consul-general in the latter part of 1884 and 1885, and to have grown out of circumstances to which, as they have been very properly disapproved by the German Government, it is hardly worth while to make further reference. The practical point with respect to this matter is the impossibility of securing such coincidence of views and unity of action among the consuls as to make it desirable to experiment further with the Government of the country through their intervention.

I have sufficiently indicated elsewhere in this report my opinion that the country can not be satisfactorily controlled through the consular officers, and I need add to that here only the emphatic expression of my opinion that, whatever scheme of government may be decided upon for the future, a necessary condition of the success of that government will be the exclusion of the consuls, as far as possible, from any interference in the local concerns of the country, and their restriction to the duties naturally incident to the consular office.

land titles.

One of the most aggravating features of the present situation, which must undoubtedly be considered in connection with any plan for the future government of the country, is the necessity of an authoritative and final adjudication of the claims of foreigners to the ownership of lands in that country.

The methods of the acquisition of title to lands have, without doubt, been very loose, and it is impossible that the acreage claimed by foreigners has all been honestly or fairly acquired.

There are, in the first place, conflicting claims of people of different nationalities to be adjudicated, and there is also resting upon the three powers which have intervened in the affairs of this country a strong moral duty to provide for the careful examination and definite establishment of title to lands acquired by foreigners as between them and the natives of the country.

From data furnished me from the German consul, through Mr. Travers, it appears that the total number of acres claimed to be the property of German subjects is over 135,000, of which about 8,000 acres are under cultivation. A map of the island of Upolu, on which the principal lands claimed by German subjects are situated, giving in detail the statements of the German consul as to the ownership of land by foreigners, is herewith inclosed, marked Inclosure F 1.

On the other hand, the information furnished me of lands claimed by British subjects places the number of acres at over 250,000, mostly on Savaii, and includes some of the land which, by the German map, is put down as belonging to German subjects. This immense claim is made by a single English firm, William McArthur & Co., which has recorded in the British consulate deeds for over 230,000 acres. The title of that firm to the lands which they claim is in dispute, having been collaterally involved in a suit some time since pending before the British deputy high commissioner in Samoa, and afterward in the supreme court of Fiji.

Since my departure from Samoa I saw a newspaper statement that the case referred to had been decided adversely to McArthur & Co., and that it would be appealed to the Privy Council in England. From the best information I can obtain, I believe that the tribunal which undertook to decide this question had no jurisdiction, under the well-settled principles of the common law of England and the United States, to adjudicate title to lands in Samoa, and that the claims of McArthur & Co. must necessarily be determined by some proper land court to be hereafter established in that country.

A map showing English land claims is herewith inclosed, marked Inclosure F 5.

Again, a company, originally of American citizens, but which is now stated to have been bought out by British subjects, claims to be the owner, or at least to have certain rights of contract in Samoan lands to the extent of over 250,000 acres, a large number of title papers connected with which are now filed of record in the British consulate at Apia.

Of course it was impossible for me to form any reliable opinion as to the validity of these respective claims, but the existence of claims to so large a proportion of land in this group of islands is sufficient of itself to indicate the necessity of some well-organized international land court which shall finally determine and settle all titles to land claimed by foreigners and between foreigners and natives.

Without a thorough investigation of these matters, enough has come to my knowledge respecting the general character of the dealings of white men with the natives in respect to land titles to convince me that even a moderate degree of justice to the latter requires an investigation into the circumstances under which they have parted with their lands. For such persons as have acquired lands fairly and honestly, according to the custom of the country, such investigation would have no terror, but ought rather to be welcomed, while in many cases the result would be to dispose of a mass of land claims which interfere with the prosperity of the country and breed only distrust and uncertainty.

Two documents which came into my hands by accident serve to illustrate the character of the papers which in some instances the most intelligent natives have been induced to sign by overconfidence in the parties who were dealing with them. The first purports to be a deed for lands, the original of which I examined, and which was actually signed by the Chief Asi, every part of the paper material to give it effect being left blank. This was a paper actually filed among the land-title papers of the German company at Apia. Comment upon such papers is unnecessary. A copy of it, together with an affidavit setting forth the facts which show the use attempted to be made of it, is herewith inclosed, marked Inclosure F 2.

The other paper, which is herewith inclosed, marked Inclosure F 3, purports to be a confirmation by the King of the titles to vast numbers of acres of Samoan land claimed by the so-called American company before referred to. It is such a paper as never should have been executed, and I have no doubt that it was signed by the King upon the representations of interested parties, relied upon by him, without any investigation as to the facts certified to, and its value is mainly, as it is here used, for the purpose of an illustration.

I have reason to believe that the German and English commissioners concur with me in respect to this subject, and that it would be quite practicable to create a land court whose decisions would be entitled to respect, and to which the three Governments would be entirely safe in committing the exclusive jurisdiction of this subject.

Both Great Britain and Germany are committed to the principle of this method of dealing with such claims. In the “declaration concerning the reciprocal freedom of trade and commerce in the German and English possessions and protectorates in the West Pacific,” executed by Count Bismarck and Sir E. B. Malet on April 10, 1886, Article IV provides that the right of all disputed claims to laud prior to the proclamation of the sovereignty or of the protectorates by either of the two Governments should be examined and decided by a mixed commission to be appointed for this purpose by both Governments.

The requisites of such a court would be—

(1) That it be composed of persons of such character and capacity as to inspire the confidence both of foreigners and natives.

(2) That in the creation of the court certain rules of decision should be settled, as, for example, the rule of adverse possession, which is to be applied, prescribing how long a period of actual occupancy or cultivation of lands shall be sufficient to establish a presumption of title.

Another example of such rules of decision would be a provision that options obtained from the natives to purchase their lands, not acted upon after a certain fixed period, shall fail absolutely.

I have reason to believe that in a large number of cases the only basis for large land claims set up against the natives is such an option, acquired for a very trifling consideration, to be used simply as a subject of speculation.

On my homeward journey I had the good fortune to make the acquaintance of one of the justices of the New Zealand supreme court, who has been a resident of that colony since 1852; and, in response to some inquiries which I made of him as to the method of dealing with native land titles in New Zealand, I obtained some information on that subject, which, as it may be of service in this connection, I have embodied in a memorandum which is herewith inclosed, marked Inclosure F 4.

sale of arms to natives.

Closely allied to the subject of land claims is that of the sale of arms and ammunition by white residents to the natives.

The only laws of Samoa well authenticated and recognized as in force are the acts of October 25, 1880. The first of these forbids the importation into Samoa and the sale or supply of fire-arms or munitions of war, except “for or to the Samoan Government, on a written order by said Government, and designating the quantity.”

The only physical strength possessed by the present insurrection against the Government is the result of the sale of arms in contravention of this law. While this illegal traffic is carried on by Europeans generally to some extent—British subjects usually excepted because of their liability to the law of their own country forbidding it—it is undoubted that the sale of arms to the insurgents is conducted principally by the German company of which Mr. Weber is the head.

Correspondence in July last between the King and the German consul-general contains a complaint by the former on this subject. The reply admits the “selling of arms by the German merchants,” and excuses it. The existence of the law is also admitted, and its violation is excused by the assertion that “up to the present time not one investigation has been held for the breach of this regulation.” This Dr. Stuebel ascribes to the weakness of the Samoan Government.

Copies of this correspondence are herewith incloser, marked Inclosures G 1, 2,

Dr. Stuebel is here mistaken as to facts which ought to have been known to him.

In April, 1882, complaint was made to the then acting American consul, Mr. Alvord, by Mr. Goddefroy, then head of the German firm or company, through the acting Imperial German consul, that an American citizen was selling arms in violation of this identical law. Mr. Alvord promptly brought the accused American before him, and the offense being admitted, although excused on the ground of ignorance of the law, a fine of $50 and costs were imposed, and both the acting German consul and the King were promptly notified of the result of the hearing.

Copies of the correspondence relating to this matter are herewith inclosed, marked Inclosures G 3, 4, 5, 6, 7, 8.

During my stay at Apia the existence of this law was acknowledged by Mr. Weber, who has been largely engaged in this traffic. I know of one case in which, on being applied to for arms by natives, Mr. Weber told them, in substance, that the German commissioner had stopped him, and that they could not get the guns without a permit from Malietoa. This was a case in which the natives claimed that Mr. Weber had promised the guns for a division of the forces with Tamasese.

As I have frequently talked of this subject with the German and British commissioners, and we agreed as to the enormity of the traffic, I have no doubt that Mr. Travers exerted his influence, as I did whenever I could do so properly, to discourage violation of the law. Nevertheless, it was apparent to me, upon the clearest evidence, that the sale of arms to the forces at Leulumoega and those sympathizing with them was carried on extensively while we were there. I knew of the landing of cases of rifles, of their purchase in Australia, and of their sale, without effort at concealment. That an affidavit on this subject had been made before the British consul by a British subject came to my knowledge accidentally. Having inquired of the consul and finding the report correct, I asked for a copy; and being kindly permitted to take one, it is inclosed herewith, marked Inclosure G 9.

It is of the utmost importance that this subject be promptly and effectively dealt with by the Governments of the United States and Germany. The British law forbids all sale of arms to Polynesian natives, without regard to the consent of any Government.

If the German consular authorities had chosen to apply to their own countrymen the law which they invoked against an American citizen, the present sale would have been stopped without any action by the Samoan Government, and without reference to its weakness. The latter was no excuse for the failure of Dr. Stuebel to act when called on by the king in July, since it can not be doubted that, however strong the Samoan Government might have been, Dr. Stuebel would not have permitted it to take any proceedings against German subjects, but would have claimed that they were amenable only to the jurisdiction of the consular courts. His failure to exercise this power was of very much the same nature as the derelictions of the Samoan Government of which he complained in 1884.

Apart from the direct effect of the illegal traffic in arms in promoting civil war among the natives, it has two other indirect results hardly less to be deprecated.

The natives who buy these arms have usually no money to pay for them, and resort to the sale or mortgage of their lands on terms most disadvantageous. Very much of the land claimed by foreigners has been purchased on ruinous terms in exchange for fire-arms. Besides, the well-known disposition of the natives, when war is anticipated, to dispose of their lands for such consideration and on such terms as they can get, has a tendency to tempt unscrupulous white men to stir up civil strife for the purpose of creating an opportunity to buy the land at a low price.

Again, the persistent disregard of the law by white men, and the failure of consuls to prosecute offenders amenable to their jurisdiction, tends to confirm the natural want of respect for law on the part of the natives, and makes it difficult to cultivate a law-abiding spirit in them.

finance.

The financial difficulties growing out of the want of an available circulating medium is one of the points necessary to be considered in connection with Samoa.

The money in use when I reached Apia was Chilian, Peruvian, and Bolivian silver, all of which were current. United States or English gold would command a premium of from 12½ to 15 per cent., and exchange on England, Germany, or the United States a larger percentage.

During my stay a number of the merchants, having unloaded their supply of Bolivian money, refused to take it at more than one-half its face value. The movement was so far successful as to deprive this money of its value as money and practically to abolish its use, leaving the Chilian and Peruvian money still available.

This South American money was originally introduced into Samoa by the German firm, since a company. That company, being until recently the only exporter of copra, the only commodity sent from the islands and available as a basis of exchange, was the principal party relied on for bills of exchange required by the merchants to pay for their goods. For these bills about 15 per cent, premium was charged, and by the company the money so received was again put into circulation by payment to the natives for copra. By a natural process it drifted around again to the merchants and was again and again brought back to the company for bills at 15 per cent. As the money had originally cost the company an average of 35 per cent, less than par, it is readily understood that, after it had gone through the process of being bought back a few times at 15 per cent, the original cost was entirely recouped.

All this was legitimate business, but it will be apparent that it makes a heavy tax upon the merchants who have to pay these excessive percentages.

Another bad effect of the system is that it places the merchants who are not exporters in an unhappy condition of bondage to the few houses who do export and have bills to sell. It is quite easy for an exporter, having certain views of native affairs, to refuse bills to those merchants who do not agree with him, and afford the accommodation to those who do. The law of necessity makes this sort of coercion often very effective, and it is one of the influences to be weighed in estimating the value of opinions.

There are merchants who have in hand from $7,000 to $10,000 of this depreciated silver, and their necessity for a medium of exchange for the outside world is very pressing.

The financial situation is one of the most important matters to be considered in connection with future schemes of government, and it affords a good example of the futility of trying to get on in any country with a circulating medium which will not pass current in the markets of the world.

statistics of business.

With respect to the relative interests of citizens and subjects of foreign powers it is quite impracticable to furnish any reliable statistics. Upon this subject both Mr. Thurston and Mr. Travers exhibited more concern as to details than I consider necessary for the purposes of our investigation. This was a natural result of the competition between German and British interests in the South Sea. To me it was sufficient to be assured that there were American citizens and substantial American property interests in these islands which, upon the enlightened principles underlying modern government, were justly entitled to recognition and protection.

I understand it to be consistent with the policy of our Government in administering protection to the persons and property of its citizens not to calculate closely the number of the former and the exact money value of the latter.

In foreign lands, as in our own country, an American citizen who conforms himself to the laws of the place of his residence is entitled to have asserted in his behalf, if necessary, all the power of his own Government, whether it be to protect his life, his liberty, or his property rights, be they large or small. At the same time it is proper that you should be informed that citizens of the United States have acquired in Samoa substantial property interests, that a very large proportion of imports into that country consists of American goods, and that, with respect to exports, while they have until a recent period been principally by the German company, a very large proportion of the copra which is claimed by the Germans as having been exported by them from Samoa is in fact brought to Apia from other islands, that being the point at which this export is collected and shipped to Europe.

The absence of any public record of exports and imports renders it impossible to furnish any statistics which would be of real value. The only source of information on the subject is found in the voluntary statements of the merchants and business men, which, not being systematically or officially collected, are somewhat unsatisfactory as the basis of any action.

I was furnished by Mr. Travers with statements of the business done by the Ger man firms, including the German company and one other company. They claim to have imported goods to the value of $281,612.85 for the year 1885. For the same period the imports of American merchants are reported to have amounted to $146,000, and those of the English merchants to $115,000. These figures do not, however, include all of the goods imported by persons of either nationality. Doubtless the statements of the German imports are more nearly accurate, so far as the voluntary statements of the parties are reliable, than either of the others, the German interests being concentrated so largely in one concern.

I applied to the British consul for precise information on this point, but was unable to obtain it, althongh I knew that he was making efforts to ascertain it definitely; and with respect to the American interests, I found no records in the consulate which would be of service on this point, and the statement made merely includes such information as I could obtain from individuals.

labor traffic.

The question of labor is one which must immediately engage the attention of any intelligent government in Somoa. The natives of the country cannot be depended upon for the labor necessary for the cultivation of the plantations, through which alone the natural resources of the country can be developed; dependence must, therefore, be placed upon the importation of laborers, who have heretofore been obtained from other Pacific Islands, such as the New Hebrides and Solomon groups. Large numbers of these laborers, who are usually black, have been imported under labor contracts extending for three years, and which are subsequently renewed.

The attention of the British Government has been directed to this subject, and its investigations have revealed the fact that the conditions under which these laborers are transported and controlled differ very slightly from actual slavery. The labor used on the German plantations in Samoa is of this character.

It will be readily understood that the importation of these people under contracts made with them opens a vast field for tyranny and oppression. From my own observation of the condition of these laborers I am quite satisfied that it differs only nominally from the condition of negro slavery in the United States while it existed, with this disadvantage, that the laborers in Samoa are controlled by overseers repsenting a corporation, with little opportunity for mitigation of the harshness naturally incident to their position. The laborers, therefore, do not have even the advantage which the negro slaves had in the United States, of the presence and the the immediate care of their masters, who had a very large personal interest in promoting, to some extent at least, their welfare.

malietoa’s position.

The first point of difficulty respecting future arrangements, and one which I have considered with no little anxiety and care, is the real position of the present King of Samoa, his relations to the natives of the country and to foreign treaty powers.

Prior to 1869 there had been no attempt to treat Samoa as a consolidated kingdom under one king. It is, however, true that prior to that time the head of the Malietoa family, then Malietoa Tavita, was in fact King of all Samoa, This occurred precisely in the same manner that James I of England became the monarch of the whole of Great Britain.

Of the districts into which Samoa was divided, those on the island of Upolu were the controlling ones—Tuamasaga, Aana, and Atua. The Malietoa in question becoming the recognized head of each of these districts, was also recognized as the King of the whole country. It is contended by those who oppose the claims of Malietoa that this did not make him, in any sense, a king of all Samoa, but that after his death the country returned to the previous condition of having a head of each district separately. On the other hand the adherents of Malietoa claim that his family has always been the governing one, and that the other great rival family of Tupua is a junior branch of the same. To settle satisfactorily a question of this sort upon evidence all traditionary is practicably impossible, and I have not considered it of very great importance, as the question how far Malietoa should now be recognized rests, in my judgment, on other grounds. Before passing to the native tradition on the subject, however, it is proper to note the recognition in the Steinberger constitution of two great families of Malietoa and Tupua, a similar recognition in the election, under a constitution prepared with much care by the foreign consuls prior to Steinberger’s visit, of two kings, one from each family, and the provision of the Lackawanna peace, of a king from one family and a vice-king from the other.

All this conclusively shows the existence throughout of a division of the people into two great parties, which has always needed only some exciting cause to develop it into an active antagonism, if not actual hostility.

After patient consideration of the whole subject, and having heard and duly weighed every phase of native arid foreign opinion, I am constrained to the conclusion that Malietoa, the present King, is entitled to be recognized as the sovereign of the country, and that his moral right to be treated as such by the treaty powers in any future arrangement for the government of the group is clear and indisputable, and that there are no circumstances which warrant his forcible deposition. This conclusion does not necessarily involve the continuance of the office of king of the group if that be deemed inadvisable. This question I shall consider hereafter. But it seems to me clear that if the conclusion be reached to dispense with a king, then the moral right of Malietoa should be recognized in some way, as, for example, by obtaining his voluntary retirement on a moderate pension, under an arrangement similar to that under which Thackembaugh, King of Fiji, yielded his sovereignty of the Kingdom of Fiji.

The reasons for my conclusion that Malietoa is entitled to such recognition are based entirely upon the clear and explicit manner in which his title has been frequently acknowledged and confirmed by native and foreign action in the last ten years.

In the native war of 1869–’72 the question at issue was not between a Malietoa and a member of any other family, but between the two Malietoas (uncle and nephew), and in the strife the native population was generally engaged, taking sides with either one or the other.

I mention this only incidentally, as the result of this war was not to establish any one as king, but a government of the Taimua, At the time of Steinberger’s visit in 1873, while he refers to the family and tribal jealousies, he seems to have found Malietoa Laupepa recognized as the greatest chief.

Before the return of Steinberger a form of government had been prepared by the consuls and native chiefs, in which two kings were provided for; but on his second visit he told them that there could be but one king, and they selected Malietoa, who was generally recognized until illegally deposed.

After the war of 1876–’79 Malietoa Talavou was crowned and the old government dispersed. Almost immediately the war broke out afresh, but continued only a short time, until the Bismarck peace of December, 1879, put an end to it; and the natives of the opposition, having agreed to end the war, entered into a solemn treaty of peace, recognizing Malietoa Talavou as king for life, with Malietoa Laupepa as regent, to “attend to the work of the king.”

Having in a few months violated their agreement, civil war again ensued, but was terminated by the Lackawanna peace of July, 1881, in which it was, after long-continued deliberation, again agreed by treaty that Malietoa Laupepa should be king and Tupua Tamasese vice-king, the term of office being left for the determination of the government. This determination was solemnly made by the Taimua and Faipule, who agreed in February, 1883, that the settlement would not be disturbed by any discussion of the king question for seven years.

Even in the Mohican peace, 1886, the government of Malietoa is recognized, and the representatives of “Tamasese and his party” again pledged themselves to live in peace and friendship—a pledge broken, as usual, without delay.

Such being the repeated native recognition of Malietoa’s position, what has been the action of foreign powers? The treaties of the United States and Germany were concluded with the then existing government, through plenipotentiaries, before the crowning or recognition of Malietoa Talavou.

In August, 1879, Sir A. Gordon, desiring to negotiate a treaty, was advised by all the consuls to treat only with Malietoa, and accordingly did so, while at the same time representatives of all those Governments united in negotiating with Malietoa the municipal convention.

In the Bismarck peace of December, 1879, the consular agreement of March, 1880, the refusal to countenance the crowning of Tamasese as King of Atua in April, 1881, the Lackawanna peace of July, 1881, the Mohican treaty of 1886, and in the consular relations up to the present time, the three powers have recognized Malietoa as the king and his government as the only Government of Samoa. This was emphasized as late as last May by the issue of a joint consular proclamation denying any recognition of Tamasese by these Governments. Copies of this proclamation, and also of the Mohican agreement, are herewith inclosed, marked Inclosures H 1, 2, the other papers mentioned having been heretofore referred to as Inclosures B 5, 6, 7, 8.

In the face of this record I am unable to rest upon any other opinion, than that the recognition of Malietoa is a necessity of the situation. The present condition of native opinion I made the subject of careful investigation, and reached the conclusion that, in the present division of sentiment between the old factions, headed respectively by the families of Malietoa and Tupua, the former bear the relation to the latter of about three to two, with about one-seventh of the population neutral and satisfied to support the winning side in such a civil strife.

Public opinion in Samoa is regulated by the chiefs in each locality, and of these a larger proportion are the supporters of Malietoa. During my stay there I saw evidence of disintegration in the forces of the opposition, which was restrained only by the outside influence to which I have referred.

I can not feel any doubt that, if a king is to be supported, Malietoa is the only one who could fill that position. Among his supporters there is absolute unanimity on this point, while in the opposition, Tamasese, the present leader, is neither a chief of the highest grade nor a man with the qualities of a leader of men; but being at present the chosen head of the Tupua family, must be dealt with as such and treated as its representative. In that party there are factions adhering to the fortunes of other chiefs, one of whom, Mataafa, is a chief of much higher rank than Tamasese. If the followers of the latter were recognized in any substantial way it is hardly doubtful that divisions would at once arise among them as to future leadership.

One consideration in favor of the support of Malietoa as the head of the Government as a prerequisite of future arrangements is that no better opportunity can occur for teaching the natives a lesson of fidelity to their solemn engagements. If Malietoa is supported by the powers, and permitted to suppress the rebellion, or if the powers order the dispersion of the forces of the latter, such action can be justified upon the solid ground of compelling these people to adhere to their treaties so often made, and to the definite understanding of 1883, that the arrangement made in 1881 should not be disturbed, even by discussion, for seven years.

This course would be simply to hold the natives to their own agreement. It need not exclude the future consideration of a change of rulers under such stable government to be established as will guaranty a fair expression of the popular will.

Any other course would be practically to give the natives opportunity for a new illustration of fickleness and inconstancy, and would operate, so far as the treaty powers are concerned, to stultify the record of their past action.

The only difficulty in the recognition of Malietoa’s sovereignty to the extent suggested grows out of the attitude of the German Government with respect to him. So far as the local authorities of that Government there are concerned, I perceived during my stay a condition of almost practical non-intercourse with the King, which extended so far that Mr. Travers declined not only to call on him, but on one occasion when he came to my rooms, at a time when Malietoa was there, having some conversation with Mr. Thurston and myself, declined my invitation to come in and hear with us what the King had to say. Mr. Travers did not call on the King at all, although he had recognized his position by sending him the written communication, before referred to, of his assumption and subsequent laying aside of the functions of acting consul-general.

In an early consultation, before Mr. Thurston’s arrival, Mr. Travers and I agreed that there was no occasion for any official communication to the King respecting our visit. I made none, but on reflection deemed it proper and courteous to make an informal call on the King, and I stated to him that I had come to Samoa not in any official relation to his Government, but as the confidential agent of my own Government to make an inquiry into the political condition of the country.

On Mr. Thurston’s arrival, he also called on the king, and the latter having advised us of his desire to return our calls, Mr. Thurston came to my rooms on shore, where we received the call together without any formality. It was on this occasion that Mr. Travers came to see me and was invited to join in the conversation, with the result stated.

As an instance of how the feeling of irritation on the part of German officials may he promoted and increased by baseless rumors and fabrications, I may refer to the so-called proclamation which was reported at Berlin and referred to as having been issued by Malietoa’s Government and to contain insulting expressions. I have already advised you that no such proclamation was issued, and that the paper of which I furnished you a copy and translation was, beyond doubt, a clumsy forgery, concocted probably by some person interested in increasing the friction between the German and Samoan Governments.

Believing so thoroughly as I do that this unfortunate feeling towards Malietoa is entirely the result of misunderstandings, for which, as I have endeavored to show, he is not altogether to blame, and being assured from my observations that there are no ill feelings towards the German Government, I venture to hope that the suggestions already made may lead to the removal of the difficulty arising from this cause.

In ascertaining the duty of the powers in the present situation, it might be objected that there is at present no real government over the group. This is largely true; but it has sufficiently appeared, I think, that this condition of things is due, not only to the weakness of the native government, but quite as much to the fitful, inconsistent, and unauthorized foreign interference.

An end must now be put to this, and justice requires that, so far as may be, the evil effects of it should be removed, and that hereafter the action of the powers should be harmonious and their citizens and subjects restrained from all intermeddling with such government as may be decided upon.

least possible interference with native customs.

In any effort to establish stable government in Samoa certain native characteristics must be borne in mind in connection with the customs already mentioned. They are extremely susceptible to any display of force. The presence of a man-of-war will enable the representatives of the nation to which it belongs to extort from the natives almost any promise or agreement. Such engagements, however, they are very indifferent about adhering to, and will break them as readily as they enter into them, when it is considered safe to do so. Their idle habits, the natural result of climatic influence, and the fertility of the soil, promote uneasiness and restlessness, which find vent in great freedom of criticism of Government officers and the readiness with which, after a brief season of peace, they embrace schemes of revolution and promote civil discord and war.

The possession of office they look upon as a right or perquisite which should not long be enjoyed by any one set of chiefs, but ought to be subject to distribution like any other possession. This naturally results from community in the ownership of all property; and although contemporaneous history teaches us that such theories concerning office are not peculiar to Samoa, nevertheless it is intensified there by the cause stated.

Going beyond the smaller communities, the same principle asserts itself in the jealousy of rival families to secure and retain the higher offices and their perquisites.

Of course, their traditions and customs naturally foster a tendency to resort to arms to settle questions of leadership or position.

I am careful to refer to the characteristics of these natives which bear upon their susceptibility to governmental control, because much of the past failure to progress towards stability of government has been owing to the fact that heretofore they have been disregarded.

The attempts to establish modern government have been premature because they have disregarded the principle illustrated by all human history, that modern stable government is a growth, not a manufacture.

Foreigners have constructed plans involving something like a modern parliament or congress for these people, to whom a more appropriate model would be the Saxon Witenagemot, which was the forerunner of both parliament and congress. Thus has been overlooked the historical fact that the most prized features of constitutional government are but developments of early traditions and customs of much the same character as many of those which the Samoans have inherited from their ancestors.

While many of these customs would naturally wither and die in the presence of enlightened modern ideas, there are ethers which would expand and grow into laws, all the more enduring because rooted in the traditions of the race.

It follows, then, that my first suggestion respecting the future government of the country is, that there should be as little interference as practicable as to affairs purely native, including the relations of the natives among themselves, and especially and the administration of their local interests.

If a stable government is set up, the only points at which, at the outset, to touch the natives are taxation and the administration of criminal law. I omit purposely the settlement of the land claims against them, considering that matter as requiring temporarily special treatment.

So far as direct taxation shall be found necessary, it would be better in the beginning to distribute it per capita, and hold the governor or other head officer of the district responsible for the collection of the assessments within his district. The result of this would be that the taxes of the inhabitants of each village would probably be paid by the village in gross; that the example of a well-governed community of white men, coupled with the exercise of judicious, disinterested influence upon the native chiefs, would be the best reliance for ultimately overcoming and abolishing the doctrine of community, if that should be found as desirable as it now seems to me.

The main difficulty respecting the local administration of criminal law can only be made to disappear by the existence of a well-organized central government; and as to this, recourse should be had, as far as practicable, to judicious pressure upon the native administrators of the district, who could very speedily be made to understand that criminals must not only be tried and condemned, but also punished.

foreign intervention.

The material question now to be determined is the character, extent, and methods by which the expressed desire of the three powers to co-operate in the establishment of stable government in the islands may be most effectively carried out.

My own conviction is doubtless already apparent, that the extent of this intervention, to be effective and successful, must be more systematic and comprehensive than seems to have been contemplated by my instructions. The central government must be, for a time at least, administered by the three treaty powers, or through such agencies as they may select. There should be, in the first place, a quadripartite treaty, to which the three treaty powers and the Government of Samoa should be parties, and which would be practically the constitutional basis of the new government.

While avoiding too much detail, this instrument should clearly define the conditions under which the government is to be carried on, which might be done by having the constitution agreed upon annexed to the treaty as a schedule and connected with it by a reference. The treaty should contain a mutual guaranty by the three powers, as between themselves, of the neutrality and autonomy of the new government; it should also contain the proper stipulation that each power will prevent its citizens or subjects from performing such acts, to be specified, as experience has shown materially interfere with the peace and well-being of the natives. Such would be the sale to the natives of arms and ammunition, or intoxicating liquors, and exciting among them rebellion and civil strife.

principles of future government.

The executive power may be vested either in a council or a King and Vice-King, as heretofore. I am inclined to think that the idea of a King is pleasing to the native mind; and in that case an arrangement for the future may be made, following closely the lessone of the past, by compelling a return to the agreement by which Malietoa should be recognized as King and Tamasese as Vice-King, with a term of office limited to an alternation in the tenure of these offices between the two families of Malietoa and Tupua. The King and Vice-King should be elected by the Taimua. I feel sure that this arrangement would be acquiesced in immediately if proposed by the three powers. Whether or no there be a King, the real executive power must be exercised by officers who must, for a longtime, be white men, appointed by the Samoan Government upon the nomination of the treaty powers.

The executive functions would naturally divide themselves into three classes, each requiring one of these officers, who would be in the nature of a cabinet, if there be a King, or an executive council, if there be none. In the latter case, I would advise that the chosen heads of the two great families be also members of the executive council.

The three divisions of the executive business would be, one headed by a secretary, who would correspond to what is called a secretary of state or premier, including foreign relations, the authentication and custody of laws, and he may also be charged with the duties of public prosecutor; the second, of land surveys, public works, and generally matters of interior administration, including harbor and quarantine regulations, and third, treasury and revenue. These officers might be called secretaries of state, interior, and treasury, respectively; although, for a simple government appropriate to that country, I would prefer more unpretentious titles, such as secretary, surveyor-general, and treasurer. I am sure that no little harm has been done in countries just merging into civilization by the use of high-sounding titles winch convey no meaning to those who hear them. If the theory of tripartite control should be determined upon, one of these three offices could be held by a nominee of each power, and in that case they should be of equal grade.

The legislature should be formed on the model, familiar to the country, consisting of two branches, to be called the Taimua and the Faipule. The upper house should be composed of chiefs selected by the districts, and the lower house of representatives, the numbers and mode of selection to be so adjusted as to secure the difference of tenure and checks and balances which are the object of having two branches of the legislature.

The three foreign officers should have seats in the Taimua, with the right of debate; and if such a check should be deemed requisite, all laws passed, before going into effect, might require the approval of two, or, if preferred, all three of the foreign officers; and regular meetings of the legislative bodies should not be held oftener than once a year.

The judicial department should consist of a chief judge, who should be a white man, appointed by the three foreign executive officers, or a majority of them, his term of office to be sufficiently long to give stability to the administration of justice. There should also be a native judge selected by the Taimua, who should sit with the chief judge in all cases to which a native is a party. The chief judge might be removable for cause by the concurrent vote of the three foreign executive officers, such act of removal, however, to be approved by the three treaty powers; and pending such approval the removal might operate as a suspension. The King, Vice-King, and the native associate judge should be removable only upon proceedings in the nature of an impeachment and trial thereon.

The jurisdiction of the court so constituted should extend to the hearing of all appeals in cases where they are provided for, to all matters now included within the jurisdiction of the municipal magistrate at Apia, and to such other matters as may be provided by the treaty to be made, as before suggested.

The local magistrates should be appointed by the foreign executive officers, or a majority of them, upon the nomination of the chief judge. I would also invest the chief judge or the public prosecutor, as may be preferred, with the appointment and superintendence of the police, and thus fix upon him the entire responsibility for the administration of justice and the preservation of order. The vesting of such power in the chief judge is not in accord with the best theories of government, but as a practical measure, adapted to the necessities of the case, I believe it would operate satisfactorily, as a similar arrangement has already done in Apia.

With respect to the distribution of jurisdiction between the court so created and the extraterritorial consular court, I have carefully considered a memorandum on that subject made by Mr. Travers and am prepared to recommend it. I therefore quote it verbatim:

“The consular jurisdiction shall remain unaltered—

• “(1) As far as the civil jurisdiction is concerned.
• “All civil suits between two subjects of the same nationality shall be decided by the competent consular court.
• “(2) All crimes, etc., committed by a subject of a nation having a consul in Samoa shall be dealt with by such consul.

“There shall, however, be exempted from the consular jurisdiction—

• “(1) As far as civil jurisdiction is concerned, (a) all suits between one subject of a consular power and a subject of another power, whether represented by consuls or not; (b) all land-claims suits.
• “(2) As far as criminal jurisdiction is concerned, all cases of police offenses, so far as they are now under the jurisdiction of the municipality.

“The new government’s courts shall accordingly deal—

• “(1) With all civil or penal suits against subjects of nations not represented by consuls.
• “(2) With all police offenses, as stated before.
• “(3) Land cases, but under a specially constituted court.”

Mr. Thurston expressed the opinion that the consular jurisdiction should remain unaltered, but this plan, afterwards discussed by Mr. Travers and myself, was not submitted to him.

Separate and distinct from the permanent judicial system, I would earnestly recommend the establishment of a temporary court or commission for the determination and settlement of all claims by foreigners of title to land. Such a court should be composed as suggested under the head of “Land Title,” and should be upon the model of the international court in Egypt.

In these propositions for a government for the future I have not endeavored to go into details, nor to frame what might be called a constitution, but merely to enumerate the leading features sufficiently to indicate the character of the government which I think is required.

So far as details are concerned, several plans of government have been framed which will be found to bear much resemblance to each other, and which afford sufficient material as a guide in the elaboration of a specific scheme of government by those who may be charged with that duty.

(1) A constitution prepared by the consuls before Steinberger’s return to the islands. This provides for a purely native government, and is accompanied by an estimate of income and expenditures. The provision for two kings in this constitution is nominally an unnecessary one, the suggestions already made on this point being such as would, without question, be accepted if proposed by the powers. (Inclosed, marked Inclosure I 1.)

(2) What is known as the Steinberger constitution of August, 1873, prepared by him and adopted when he was in control of the Government. (Inclosure B 1.)

(3) Draft proposals of Mr. Thurston, received from him by mail—being an amendment of suggestions furnished by him to Mr. Travers and myself at Apia. (Inclosed, marked Inclosure I 2.)

(4) Memoranda on this subject submitted to me by two of the foreign residents, one of which includes also an estimate of income and expenditures, (Inclosed, marked I 3, 4.)

The suggestion of creating a system of elections by which foreigners should vote I do not think advisable in the present condition of the foreign society in Apia. All such proceedings would tend simply to intensify the jealousies arising from difference of nationality and other causes. Some future system may be developed by which foreign residents may, if they desire a voice in the government of the country, acquire some sort of citizenship or denizenship, as in Hawaii, but at present I feel perfectly clear that the foreigners there should acquiesce in the natural result of voluntary residence in a foreign country. Any other position is inconsistent with intervention by their Governments which is intended for and secures their protection.

objections to tripartite control.

My instructions having contemplated a triangular control of the native government, I have set forth principles which seem to me best adapted for it. Mr. Thurston also considered himself bound by his instructions to do the same thing, and has made a proposal, already referred to.

Mr. Travers agreed that whatever should be determined upon must be carefully provided for in the treaty, such as I have suggested; but he was emphatically of the opinion that an effort by the three powers to carry out details of government in Samoa by joint action would be absolutely futile. His plan, as suggested to me, was that the three powers should by the treaty select one to administer the government of Samoa, under the arrangement proposed, as the agent of all, fully guarantying the rights of citizens and subjects of the other two powers. I have now, and expressed to him, grave doubts of the practicability of the tripartite control. My instructions undoubtedly contemplate a local native government there of some force, and that the part to be performed by the three powers would not be so much that of administration as oversight.

I doubt whether it is understood, either at London or Berlin or in Washington, that the real function of the intervening powers in Samoa will of necessity be actual administration of government. Nothing short of this, at least for a time, will remedy the existing condition of things.

I share, to a very great extent, with Mr. Travers the apprehension that a government substantially of representatives of the three powers will be constantly disturbed by international dissensions of the same nature, though perhaps to a much less degree, as those which have characterized the government by the consuls. This government—the only one for the last two years—has been, to some extent, of the character of the proposed tripartite control, and no one can doubt that it has been an absolute failure.

The difficulty which I saw in Mr. Travers’ plan—and frankly suggested to him—was the very apparent one of reaching a conclusion, satisfactory to the three powers and their citizens and subjects, as to which one of the three powers should be deputized for this work of administration. There are reasons why I should deem it improper for our own Government to assent to the delegation of the sole power of administration in these islands to either Great Britain or Germany. There are two serious objections to the sole control of the latter Government:

(1) The concentration of German interests almost entirely in one company, which has exercised in the past, and would undoubtedly exercise in the future, a dominating influence over all local German officials in Samoa.

(2) While there are a large number of German residents at Apia, they are, with few exceptions, employés of the great German Company. While the other foreign residents are either British or American, the prevailing language among foreigners is English, which the Germans usually understand, while the British and American subjects do not understand German. Under these circumstances, the administration of government and of the laws in the German language would be a great hardship, which the use for the same purpose of the English language would not be.

I frankly expressed these views to Mr. Travers in response to his equally frank admission that when he proposed a control by one power, deputized by treaty with the others, he really meant a control by his own Government, urging as the sole ground of this claim what he claimed to be the predominance of German interests.

On the other hand, Mr. Thurston did not admit that German interests predominated, and statistics from both points of view will doubtless be furnished in the reports of these gentlemen.

If it were true that German interests did predominate, it would be, to my mind, an additional reason why Germany should not be allowed to control the Government; and there are reasons why the British Government should not be selected for the sole control of these islands.

As is the case with Germany, so Great Britain is pursuing a policy of the annexation and acquisition of the South Pacific islands, which renders it incumbent upon the United States, if they desire absolutely to secure the future autonomy and neutrality of this group, to object to the assumption by either of those powers of the absolute control of the Samoan Government, even under the most guarded treaty.

The only solution of this difficulty that I can see is that the other powers shall consent to the selection of the United States as a single power to exercise the necessary oversight in connection with the new government to be formed.

The freedom of our country from any disposition to absorb territory in that region was fully recognized by the representatives both of Great Britain and Germany.

The fact that our concern in the matter does not arise from the preponderance of the interest of our citizens, but solely from a desire, arising from a national policy, to preserve the independence and neutrality of this group, is a reason why there should be a greater degree of confidence in the disinterested action of our Government, and the conservation of the interests of the native population, to whom the country really belongs, as well as those of foreigners who have located themselves and their business interests there.

I need only add on this subject that I believe that the practical control of the islands by the Government of the United States would be the result which would best satisfy the larger proportion of the foreign residents of Samoa.

municipality of apia.

The present municipal government of Apia has been referred to as affording an example of what might be done in the way of tripartite control. While this municipal arrangement has been to some extent a success, so far only as the preservation of peace and order was concerned, its history emphasizes the objections to tripartite government rather than encourages the extension of it. It has been distinguished by constant differences between the consuls, and in the appointment of officers the international distinctions have been strictly observed, the nationality of a candidate having often more to do with his selection than the question of his capacity and fitness for the duties of the office.

In this connection I would recommend that, whatever plan be adopted for establishing a stable government, it shall include the abolition of the present government of the municipality, as it will then be no longer needed, having been simply a makeshift for the preservation of order during the practical suspension of all government for the last two or three years.

expenses of the government.

It was my intention in connection with the plan of government to present also an estimate of probable receipts and expenditures; but it is impossible to do this intelligently until after the scheme of government has been matured in detail. One point, however, it is proper that I should suggest for your consideration in connection with future negotiations between the powers.

While a considerable revenue can be raised from taxes upon property and business of foreigners, it is neither practicable nor just to put upon them the burden of supporting the government of the country, and therefore the best method of raising the required revenue from the natives with the least friction will be a very important point to determine. A government which costs them something will undoubtedly be more valued and better appreciated by the natives; but care should be taken that whatever direct tax may be laid upon them shall be sufficiently moderate to be readily collected, and to accustom them gradually to such burdens.

The easiest method of taxing the natives would undoubtedly be by impost duties, which could be so adjusted as to yield considerable revenue without being felt, as is a direct tax. If, however, it should he deemed advisable to resort to this method of taxation it will be necessary to make some modification in existing treaties, and therefore this subject must not be overlooked.

After a form of government has been determined upon it will not be difficult to estimate the necessary amount of taxation and expenses. As the abolition of the municipality has been recommended, and I think would naturally follow the establishment of a government, its present resources of revenue would then be available for the general government.

I have no hesitation in expressing the opinion—and upon this point Mr. Thurston Mr. Travers, and I fully concur—that there will be no difficulty whatever in raising from the country itself, by taxation, a sufficient annual sum to pay all the expenses of such a government as is required.

american intervention in the pacific.

To return to the subject of sole control. Whether our Government would be willing to undertake it, even with the consent of the other powers, is a question which of course I cannot determine.

I do not believe that a vigorous and decided interest in the welfare of these native communities would be in opposition to the declared policy of our Government, but that it would fall within the limits of exceptions, not only well defined, but which have been enunciated and adhered to by successive officers in charge of our foreign affairs, of all parties.

What is known as our general policy of non-interference is too well defined to render any restatement of it necessary. It had its origin in a period when modern commerce was in its infancy; when the United States comprised a few communities along the Atlantic slope; when the vast Western domains, now opened up and settled by a progressive population, were unexplored regions; and when the Pacific coast was almost as far, for all practical purposes, from the centers of population in the United States as are now the plains of Siberia or the deserts of Africa. It would not be surprising, therefore, if the policy originating so early in the history of our Government should have been found to have been enunciated more broadly and uncompromisingly than is consistent with the present demands of our civilization and progress; and, indeed, the history of our diplomacy shows that, while this general doctrine has been repeated even up to the present time, with unusual consistency by all parties controlling the Government, it has nevertheless, been found necessary, from time to time, to support action in particular cases which would have violated the general rule by treating them as exceptions to it.

The enunciation of the Monroe doctrine first qualified the general policy of nonintervention and prescribed the limits to which it was to be thereafter confined. This public notice to the world that we would not submit to an extension of the European system to this hemisphere, or to the establishment upon it of European colonies in addition to those then existing, was put upon the express ground that we should regard such action as dangerous to our peace and safety.

The true limitation, therefore, of the doctrine of non-intervention with the operations of any European powers was thus stated. It was that such action should not be permitted as might be considered by us dangerous to our peace and safety.

It would be impossible, in view of the marvelous growth of the United States in population and its resources, and the extension of its territory, both by acquisition and settlement, that this limitation by President Monroe should at all periods of our history be geographically the same.

Although perhaps there exists—at least to some extent—a popular impression that the Monroe doctrine was intended to apply to acquisitions by foreign powers upon this continent, neither the terms in which the doctrine was originally stated nor the action of our Government since will be found to justify any such conclusion.^* A very early application of the spirit of this doctrine to a country not embraced in the continent will be found in our diplomatic correspondence respecting Cuba; and while the United States have refused to interfere with the possession of that island by Spain, it was declared more than sixty years ago by Mr. Clay, and has been repeated in substance many times since, that we would not consent to the occupation of Cuba and Porto Rico by any other European power.

So in the Pacific. As the extension of our commerce and the settlement of our Pacific coast made it apparent that the possession by a European power of the Sandwich Islands would be dangerous to our peace and safety—indeed, more so than would be true as to the South American Republics—our Government has not hesitated to declare that their conquest or occupation by one of the great powers of Europe would be a result which we would not hesitate to prevent by force of arms if necessary. This statement has been repeated substantially though in different terms, by Mr. Webster, Mr. Legaré, Mr. Clayton, Mr. Marcy, Mr. Fish, Mr. Blaine, Mr. Frelinghuysen, and yourself.

The relation of the Samoan group to the future commerce of the Pacific is the same in kind, though at present less in degree, as that of the Hawaiian group. At the present time the transatlantic steam traffic being exclusively carried on in foreign bottoms, and our own steam-ship lines being mainly engaged in the coast trade, the only trans-oceanic lines which carry the American flag to foreign ports are to be found on the Pacific. One of these lines consists of steamers, in all respects creditable to the flag they bear, which pass monthly each way between our own country and Australia, directly through the Samoan group; and there is every reason to believe that, with settled government there, arrangements will be made by which these steamers will touch at Apia, and thereby largely increase a commerce which, already carried in sailing vessels, includes American goods to the annual value probably of more than $200,000. This, it must be remembered, is without any development of the great natural resources of the islands, and unstimulated by the export to the United States of any of the commodities which can be raised there undoubtedly to the same extent as in the Hawaiian group, and the natural market of which would be the port of San Francisco.

It is now quite certain that an interoceanic canal across the Isthmus of Panama is one of the possibilities of the not very distant future, and it needs only a glance at the map to see that when that fact is accomplished the key of maritime dominion in the Pacific, and to some extent the intercontinental commerce of the world, will be held, not alone by Hawaii, but jointly by Hawaii and Samoa.

I have endeavored to hint at, rather than to discuss, the grounds of my conviction that in order to preserve to our country the opportunity of having its share in the future commerce of the Pacific, which, excluding continental trade, must, from the immense number of inhabited islands alone, be of such magnitude as will make all present conjectures seem but trifling, it is of the first importance that the United States should strengthen the bonds heretofore existing between Hawaii and this country, and should promote the establishment of similar bonds to connect with us indissolubly the interests of the Samoan group, which is now drifting about, as it were, seeking the oversight and care of some power to do for it what I have tried to show it can not accomplish for itself—the establishment of stable government for the future.

I am well aware that ignorance of the present resources and future possibilities of the Pacific islands produces a lack of interest in this subject on the part of our countrymen who have not by some special circumstances been led to examine into them. In my own case I have found that before visiting that region I had little or no conception either of its true character and relation to the commerce of the world or the political importance to our country of more defined action in behalf of the preservation at all hazards of the autonomy of the two groups of islands to which I have specially referred.

Many of our intelligent public men advocate the doctrine of absolute inattention with respect to all matters transpiring beyond our immediate borders; but it is not likely that such a policy would commend itself either to the merchants of the Pacific coast already interested in this trade; the farmers of the Great West, to whom the existing demand makes so meager a return for their crops; those who live upon the profits of manufactures, to whom the South Pacific oilers the prospect of new and increasing markets; or to the ship-builders of the Atlantic coast, who have not abandoned the hope that they will yet be called upon to build the ships which shall carry at least a fair proportion of the commerce of the world.

The intelligent foresight of our Government has, at a time when the future of that region was much less certain than it is now, secured exclusive rights on the island of Tutuila in a harbor probably not equaled, and certainly not surpassed, in the Pacific.

In alluding to this harbor, a writer in a recent number of the Nineteenth Century, after referring to the acquisition of it by the United States, laments that it “has thus passed forever from the hands of the British,” and then adds, “The question here that naturally arises is, why did not England secure its possession?”

Having thus so long ago acquired this foothold in the South Pacific, it would be short-sighted indeed if we were to permit the advantage of this action to slip away from us by leaving the way open to European domination in this group.

It is because of the conviction that the situation in these islands requires more active intervention in their domestic affairs than was contemplated by my instructions to secure to our own people the rights and privileges which naturally belong to them that, while reporting the best plan that I could devise in accordance with the instructions, I have been constrained to go beyond it and to urge more independent action on the part of this Government than has been heretofore contemplated.

I believe that, even with respect to Hawaii, its condition demands very close attention on the part of our Government, with possibly the emphatic intimation of a purpose to prevent that country from drifting into such a condition as would tend to bring about results which we have repeatedly asserted that we would not permit.

So far as Samoa is concerned, all that I have suggested I believe could, with proper effort, be accomplished, with the assent of the two other powders now co-operating with us. It involves to our Government little or no expenditure of money, the resources of the islands being quite adequate to the support of such a government as I have proposed.

As the course proposed would be under a treaty with England and Germany, and strictly in accordance with the wishes of the Samoan Government, it would be far removed from an ordinary case of annexation or the assumption of a protectorate, which is usually accomplished by intervention not requested or desired by the people concerned.

The moral influence so exerted would rest upon the principles already asserted by our Government respecting Cuba and Hawaii, and the nomination of officers of the Samoan Government would be taking the same action for the protection of American citizens and interests in Samoa as has already been taken to some extent for the like purpose in Egypt and Japan.

I have, etc.,

Geo. H. Bates.

List of documents submitted herewith.

• A 1. Mr. Bates to Mr. Travers, September 2, 1886.
• A 2. Mr. Bates to Mr. Thurston, September 2, 1886.
• A 3. Mr. Thurston to Mr. Bates, September 5, 1886.
• A 4. Mr. Travers to Mr. Bates, October 13, 1886.
• A 5. Mr. Bates to Mr. Thurston, September 25, 1886.
• A 6. Mr. Thurston to Mr. Bates, September 29, 1886.
• B 1. Constitution of May 18, 1875 (Steinberger).
• B 2. Memorandum of E. L. Hamilton.
• B 3. Agreement about neutral territory.
• B 4. Request of Samoan Government to consuls.
• B 5. Bismarck agreement, December 15, 1879.
• B 6. Bismarck treaty, December 23, 1879.
• B 7. Agreement of foreign consuls and Samoan Government, March 24, 1880.
• B 8. Lackawanna treaty, July 12, 1881.
• C 1. Article in Samoa Times, November 16, 1878.
• D 1. King of Samoa to Queen of Great Britain, Novembers, 1884.
• D 2. King of Samoa to Queen of Great Britain, November 12, 1884.
• D 3. King of Samoa to Consul Churchward, November 12, 1884.
• D 4. King of Samoa to Consul Canisius, December 1, 1884.
• D 5. Samoan annexation act.
• El. Proclamation, Dr. Stuebel, January 23, 1885.
• E 2. Dr. Stuebel to King, January 23, 1885.
• E 3. King to Dr. Stuebel, November 20, 1884.
• E 4. Dr. Stuebel to King, October 7, 1884.
• E 5. King to Admiral Knorr, April 10, 1886.
• E 6. King to Admiral Knorr, May 10, 1886.
• E 7. Admiral Knorr to King, May 9, 1886.
• E 8. Vonholzendorff to King, May 14, 1886.
• E 9. King to Emperor of Germany, December 29, 1884.
• E 10. Dr. Stuebel to King, February 19, 1885.
• E 11. King to Dr. Stuebel, April —, 1885.
• E 12. Dr. Stuebel to King, April 10, 1885.
• F 1. Map of German land claims.
• F 2. Copy of deed and affidavit.
• F 3. Certificate of Government of Samoa as to certain claims.
• F 4. Memorandum respecting native land court of New Zealand.
• F 5. Map of English land claims.
• G 1. King to Dr. Stuebel, July 12, 1886.
• G 2. Dr. Stuebel to King, July 18, 1886.
• G 3. Mr. Alvord to Mr. Von Oertzen, April 1, 1882.
• G 4. Mr. Alvord to Mr. Goddefroy, April 1, 1882.
• G 5. Mr. Alvord to Mr. Nelson, April 1, 1882.
• G 6. Mr. Alvord to Mr. Von Oertzen, May 15, 1882.
• G 7. Mr. Alvord to King, May 15, 1882.
• G 8. Mr. Alvord to Mr. Von Oertzen, May 17, 1882.
• G 9. Affidavit of G. B. Pritchard, jr.
• H 1. Proclamation of consuls, May 27, 1886.
• H 2. Mohican treaty, June 8, 1886.
• I 1. Constitution of Samoa proposed by consuls, 1875.
• I 2. Draft proposals, Mr. Thurston.
• I 3. Memorandum on Government of Samoa.
• I 4. Memorandum on Government of Samoa.
• K 1. Mr. Powell to Mr. Maben, September 27, 1886.
• K 2. Mr. Maben to Mr. Powell, October 1, 1886.
• K 3. Municipal regulations of Apia.
• K 4. Post regulations of Apia.
• K 5. Municipal balance sheet for 1885.
• K 6. List of licenses issued in Apia.

[Inclosure A 1.]

Mr. Bates to Mr. Travers.

Apia, September 2, 1886.

Sir: The informal conferences which you and Mr. Thurston and I have had make it apparent that there is a lack of unanimity between us as to the course of proceedings which it was intended by our Governments that we should adopt in effectuating the purposes of our visit to Samoa.

I must confess that I am deeply impressed by an apprehension that the result of this difference will be to impair very seriously, even if it does not defeat, the result to which it was hoped our investigation and report might contribute.

I therefore feel it to be my duty to address you in writing for the purpose of formulating the precise point of difference, as I understand it, and as I shall feel constrained to report it to the Government of the United States.

This will give you a definite statement of my view not only of my instructions, but also of what I conceive and what was considered at Washington to be the understanding between the three Governments pursuant to which we are now here. It will also enable me to verify my statement of your position, and to be corrected by you if I do not state it accurately. Nothing would be further from my wish than to misrepresent your views even in the slightest degree.

Under my instructions, and from my personal interviews with the Secretary of State, it is very clear to me that we were required to be here simultaneously, because conference on the spot was one of the prime objects of our Governments in sending us here; that while the details and manner of investigation were left quite fully to our discretion, that investigation was to be largely one conducted jointly. And while each of us will be expected to make a separate report to his own Government, I am expressly instructed to include in my report the remedies for existing troubles which shall commend themselves to the judgment, not of myself alone, but of us all.

It is manifest that it will be impossible for me to carry out this portion of my instructions because of the position assumed by you respecting our duties and functions. It is equally impossible to account for the presence of this instruction to me unless the United States Government understands the arrangement entered into respecting this investigation as being different from that which you have derived from your instructions and kindly communicated to me.

You consider, if I received correct impressions from you, that we have no official relation to each other; that it is merely an act of grace and favor on the part of any of us to confer with both or either of the others; that any conference between us is confidential, and that, therefore, if you should communicate to me any proposed remedies which should commend themselves to your judgment, I would not be at liberty to refer in my report to any conferences with you or to the suggestions which you might have made.

You will permit me to say that, in my judgment, if my Government had understood the proposed meeting here in the light of your views about it, as expressed to us, it would have perceived in advance that the results of such an investigation would throw much less light upon the problem presented than an investigation conducted upon the principles usually resorted to for the ascertainment of truth.

Even assuming that your view is correct, I am not yet informed that you consider your discretion limited as to the methods which you will adopt for informing your own mind. In that case I must regret that you could not feel yourself justified in uniting with Mr. Thurston and myself in a joint examination of those persons here whose views any of us would think entitled to consideration, either by reason of length of residence here or otherwise. Such an inquiry would result in obtaining the views of such persons with much less bias than would probably affect them in conversing with us separately, and it would enable us, by inquiries suggested from different points of view, to sift the opinions expressed and apply those tests which such evidence has always been found to require under every civilized system of investigation.

A great advantage of such an investigation would be that, even if we should differ in our conclusions, we would at least have the same evidence from which to draw our conclusions, and each of us could subject it to analysis and criticism in such manner as to give those who must act on our report a better understanding of the facts than can possibly be derived from one or even three ex parte examinations.

Another benefit which it seems to me would have resulted from joint action, up to a certain point at least, is this: Certain definite principles appear to me, from the correspondence between the three Governments, to have been finally agreed upon. By a comparison of views and official papers we could, it is to be hoped, have determined upon certain points which could be considered settled, and possibly also, by a concurrence or comparison of views, have agreed upon certain preliminary points as needing no discussion by us.

I believe that Mr. Thurston’s opinion of our duties and functions agrees substantially with my own; but in order to correct any possible error on this point I transmit to him a copy of this letter.

I have, etc.,

Geo. H. Bates.

[Inclosure A 2.]

Mr. Bates to Mr. Thurston.

Apia, September 2, 1886.

Sir: I hand you, herewith inclosed, a copy of a note which I have addrsssed to Mr. Travers under this date. I have endeavored to state the position assumed by each of us in our relation to each other here, and have ventured that I understand your views to correspond in substance with mine. I should be glad to know from you if I have been correct in this statement.

I have etc.,

Geo. H. Bates.

[Inclosure A 3.]

Mr. Thurston to Mr. Bates.

H. M. S. Miranda,
Apia, Samoa, September 5, 1886.

Sir: I have the honor to acknowledge, with thanks, the receipt of your letter of the 2d of September, inclosing copy of a letter which you have addressed to Mr. Travers, the German commissioner.

I concur with you in thinking that it would have been of advantage if in certain respects the commissioners had been able to conduct their inquiries in concert.

Allow me to take this opportunity of thanking you for the assistance and cordial co-operation which you have accorded me in the performance of my duties at Samoa.

I have etc.,

John B. Thurston.

[Inclosure A 4.]

Mr. Travers to Mr. Bates.

Apia, October 13, 1886.

My Dear Mr. Bates: I entertain a hope that after your return from Tutuila I might have a chance of having some further conversation with you on the subject of our business—I mean Samoan affairs and reforms.

After the letter you addressed to me on the 2d last month, pointing out the necessity of a free exchange of opinions between the commissioners, and after having explained to you the same day this letter reached me that I would be only too happy to converse with you at any moment, and with the greatest frankness, on any subject you might think desirable to talk over with me, I was led to believe that our common stay in Apia would afford us ample opportunities to exchange freely our views on the various topics of our mission.

I am sorry to say that hope has only partly been fulfilled, and, having regard to the very few days you will still remain with us, may I ask you kindly to inform me whether and at what time I may have the pleasure of a talk with you? If more convenient to you, I am ready to come on board ship; but should you prefer to come on shore, I shall be delighted to see you at luncheon in the consulate, so that we may have a long conversation before or after luncheon, as it suits best your time and convenience.

Yours, sincerely,

Travers.

[Inclosure A 5.]

Mr. Bates to Mr. Thurston.

U. S. S. Mohican, Off Neiafu Vavau,
Tonga Islands, September 25, 1886.

My Dear Mr. Thurston: We have been a few days in this port, having intended going on to Nenkalofa, but have waited a day or two longer for Mr. Baker, who went to the Volcanic Islands, as Captain Day promised him a passage back with us. He has just returned, and we will probably sail to-morrow.

After stopping a day or two at Tonga I shall return to Apia and wait in that vicinity for the mail steamer northward from Tutuila about October 17.

I have had a faint hope that I might have the good fortune at Tonga to meet you again. While nothing new has occurred, I would be very glad to discuss some points with you.

I hope to be at Apia again by to-morrow (Sunday) week, and wish very much you were going to be there too for a few days. Aside from the unfortunate difference of opinion as to the scope of our mission, the principal regret I have about my visit there is that your stay was so short, as I can not help feeling that good might have come from fuller conferences, especially on some points which have since occurred to me, and also upon the details of plans for the future government of the group. However, we can simply do our best under the circumstances as they are.

Cordially reciprocating the sentiments of your note from Pago Pago, which I duly received, I am,

Very truly, yours,

Geo. H. Bates.

P. S.—Any communication may be addressed to me in care of the captain of the steam ship Mariposa at Auckland.

[Inclosure A 6.]

Mr. Thurston to Mr. Bates.

Government House, Fiji, September 29, 1886.

My Dear Mr. Bates: Your note of the 25th from Vavau reaches me just as our New Zealand steamer is going out, hence this brief note.

I am sorry for many reasons that my stay was short at Samoa, but frankly it was more than long enough to discover that our good German colleague and ourselves differed upon first principles, and that, bound as he was by his instructions (so opposite to ours), no real satisfaction to us could have resulted.

The salient points of difference marked by me were, (1) the German commissioner’s instructions do not refer to or include any consideration of the possibility of fostering an autonomous native government worthy of recognition, and (2) that he had no official relations with us.

Now, I am not unacquainted with the value and uses of private diplomatic interchange of views between officers of Governments in our position. But I did not go, if I understood my instructions rightly, to meet the German commissioner altogether privately and unofficially.

It seems to me that the Government of Germany has not made its instructions harmonious with those issued to its representatives by the Governments of the United States and Great Britain.

This variance will probably form the subject of explanation hereafter.

In the mean time I shall make the best report and recommendation in my power without permitting myself to drift into the undecided position proposed by Mr. Travers.

These, therefore, are my views. For the rest, I am confident the German Government inclines to solve the difficulties by assuming control in Samoa on behalf of herself and the other powers concerned. This subject is not referred to in my instructions, but on the contrary I am informed that there is to be no movement in the way of “annexation,” and no assertion even of “individual predominance.”

I do not think, as before said, that any good would have proceeded from prolonged conference had I staid six months, while, for reasons given ably in your note to Mr. Travers, a satisfactory inquiry upon our part was in a very great measure rendered impossible.

I am sorry to hear of such disastrous news from the Island of Niuafo. These volcanic disturbances are most serious occurrences.

Let me know, if you have time, what you thought of Tonga.

Your several papers on Fijian affairs will be forwarded by book post, and I trust may interest you.

Wishing you a happy return to your wife and family, and in the faint hope that I may be one day in your neighborhood,

Believe me, yours, very faithfully,

John B. Thurston.

[Inclosure B 1.]

declaration of rights.

[Samoa Times, August 17, 1878.]

The following is a copy of the constitution drawn out by Colonel Steinberger and agreed to by the Samoans in 1875, and which we reprint at the request of a number of our readers. It will be noticed that there is scarcely a section of it but what has been violated by the present “Government:”

We, the people of Samoa, who laid the foundation of our Government at Mulinuu, on the 21st day of August, A. D. 1873, impressed with a sense of all human weakness, and bending before the power of Almighty God, do now ordain and establish the constitution for Samoa.

This is in order to establish justice, to give us domestic tranquillity, promote the general welfare, and cause us to be respected as a nation among the nations of the earth. The origin of our Government is by the action of our chiefs and rulers of Samoa, and we give thanks to God for the peace and good will that we are enjoying, and the unity which enables us to choose rulers for the secure establishment of our Government. God has made of one blood all the people of the earth; peace, unity, happiness, and the love and fear of God are among the blessings of the earth. Guaranties for the liberty of the people, and the power of the law will be our safety; to man belongs the sacred rights of life, limb, liberty, freedom from oppression, the earnings of his hands, and the productions of his mind. Government and laws are not for the protection of chiefs and rulers only, but for the people; each shall be free to come and go, to till his land, to earn his bread, to trade and barter, and appeal to the majesty of the law for protection. The execution of the law will operate upon the chiefs and rulers as well as the subject; all will be equally judged for a violation of the law. Protection is hereby published for the safety and welfare of all the inhabitants of these islands, that people and chiefs may enjoy protection alike under the same law; that each may be secure in their lands, their lots, their habitations, and all property, and should a chief, or ruler, or governor, or any public functionary act in violation of this constitution ho shall no longer retain his position.

As we have merged from barbarism through the teachings of the missionaries, and come to know the living God through the love, patience, and teachings of these teachers of the Holy Word, so will we maintain our faith and recognize the truth that we are powerless without God’s aid; that we will support our church, observe the Sabbath, respect our pastors, and adhere to the Word of God, but religious freedom shall be accorded to all the sound promptings of the heart, and the entire freedom of conscience is the right of airmen; therefore, it is our solemn desire that no law shall be enacted at variance with the Word of our Lord God or the spirit of His Word.

Now, in enacting our Government, we pray for the charity and protection of all the civilized nations of this earth, that our Government be recognized, and our laws respected, as we will respect and give protection to the foreign element now and hereafter to be amongst us.

constitution.

Article I.

Section 1. All legislative powers herein granted shall be vested in a House of Chiefs or Nobles and a House of Representatives.

Sec. 2. The House of Representatives shall be composed of members chosen every second year to sit in council with the nobles and establish laws for the nation. This representative body shall havea voice in the business of the Kingdom, and no law shall be passed without the approbation of the majority of them. Such representatives shall be elected by ballot by the people of each district. The actual enumeration shall be made within one year from the assembling of the first Parliament, and a new enumeration made every five years as subsequent laws of election may direct. The number of representatives shall not exceed 1 for every 2,000 people, and shall be chosen from the islands of Manua, Olosega, Ofu, Aunuu, Tutuila, the districts of Atua, Tuamasaga, and Aana, of Upolu, Manono, Apolima, Savaii. When vacancies happen in representatives from any district, the House of Nobles shall issue writs of election to fill such vacancies. The House of Representatives shall select their speaker or head, and other officers, and have the sole power of performing articles of impeachment.

Sec. 3. The House of Chiefs or Nobles shall be composed of 2 chiefs from Manua, Olosega, Ofu, Aunuu, and Tutuila combined, 2 from Atua, 2 from Tuamasaga, 2 from Aana, 1 from Manono and Apolima, and 6 from Savaii, making 15. This body shall be known as the Taimua, and consist of high chiefs selected by their people, and such nominations shall be presented to the King for approval. Warrants of nobility shall be issued to such chiefs, and they shall sit in Government council to give advice, and aid in making and maintaining laws. The King shall consult with the Taimua respecting the affairs of the Kingdom. The present Taimua to be the Government of Samoa, to be obeyed and respected until such time as the King and representative body (Taimua and House of Representatives, are chosen and fairly established according to this constitution. That they be the governing power of the land, and recognized as the supreme power; that vacancies be filled and the laws be executed by them.

Sec. 4. With veneration for our customs and ancient traditions, and to maintain inviolate the great families who have sprung from a race of Kings, and to give greater security to our people, it is decreed that the royal blood be acknowledged and shall be perpetuated in the great houses of Malietoa and Tupua. The King chosen from one of these families shall reign for the period of four years, and upon the expiration or of demise, then the succession shall fall to the other of the two families. That there shall be a rotation in the line of Kings between the two families of Malietoa and Tupua, with the succession alternating in the two families. If within the prescribed time of four years a vacancy should happen by death, impeachment, or resignation, then the vacancy shall be filled from the other house or family, and serve for a period of four years and not for the unexpired term. The King shall be chosen by the Taimua, the Malo, and Faipule, as the chosen representatives of Samoa, now assembled at Mulinuu. The King makes oath to adhere to, preserve, protect and defend the constitution of Samoa, to execute the laws and protect the rights of the people.

Sec. 5. The prerogatives of the King are as follows, viz.: He is the sovereign of the people and the chiefs. He shall have the direction of the army and the implements of war of the Kingdom. He also shall have the direction of the public lands, the poll tax and the land tax. He shall have control of the lands forfeited to the Government from non-payment of taxes, all in conformity to the law. Under the law he shall be the chief judge of the supreme court, and it shall be his duty to execute the laws of the land, also all decrees and treaties with other countries. It shall be his prerogative to form treaties, receive ministers, and confirm agreements with them. He shall have power to control by the army revolutionary districts when the legislative is not in session. His power to transact important business of the Kingdom shall only be exercised when the law has not assigned specified duties to others.

Sec 6. The King shall appoint 8 governors, 1 for the islands of Manua, Olosega, and Ofu; 1 for Aunuu and Tutuila, 1 for Atua, 1 for Tuamasaga, 1 for Aana, 1 for Manono and Apolima, and 2 for Savaii. The governor shall be appointed only after the chiefs of said islands have selected a candidate and sent his name to the King. In the interim the Taimua shall appoint such governors. All the governors from Manua to Falealupo shall be subject only to the King and the premier. Each governor shall have direction over the tax-gatherers, and support them in the execution of their duties; he shall preside over the judges of his island or district, and be responsible for the execution of the laws. He shall appoint the judges and give them their certificate of office. The governor shall have charge of the island or district over which he presides, control the militia, Government arms and munitions of war. He shall receive the Government dues and deliver them over to the premier. All important decisions shall rest with him, but subjects shall always have the right of appeal as against unlawful or tyrannical acts of a governor.

The Premier of the Kingdom.

Sec. 7. It shall be the duty of the King (the Taimua in the interim) to appoint some person as his particular minister, whose title shall be premier of the Kingdom. His duty Khali be to transact for the King all business connected with the special interests of the Kingdom, and all documents and business executed by the premier shall have the force as though executed by the King’s authority. The premier shall be the King’s special councillor in all the important business of the Kingdom. The King shall not act without the knowledge of the premier, and the premier shall be entitled to the floor of each house of Parliament, and join in the debates.

Supreme Court.

Sec. 8. The representation body shall appoint four persons, whose duty it shall be to aid the King and the premier, and these six persons shall constitute the supreme court of the Kingdom. They shall give due notice of the time and place of holding court. They shall grant new trials in cases of appeal; life, death, confinement, and fine are with them, and their decisions are final.

Judges.

Sec. 9. Each governor shall appoint four or more judges for his island or district, and give them certificates of office, and they can then only be removed by impeachment. The law shall regulate the term of office. The judges shall give notice of the time and place of holding courts, and shall then enter upon trials according to the prescribed form of law. No judge shall have jurisdiction over land cases as between landlord and land agents or their tenants, or in the matter of taxation, but his duty shall be to try all cases of murder, felony, assault, theft, trespass, and general violation of the public peace, and breaking of the laws. Exceptions may be taken to the judgment of the judges and the courts, and an appeal taken to the supreme court.

Article II.

• Section 1. A proper respect for the white residents and sojourners in Samoa who establish business relations with our people, will receive the earnest thought and deliberation of our law-making power, that their lands, their business, and all their rights be protected, trusting in their honest and hearty co-operation and praying fox their aid and comfort.
• Sec. 2. The introduction of foreign labor upon our islands shall be permitted, but copies of all contracts with laborers must be lodged with the Government, such labor must be voluntary, and their grievances as well as all complaints against them subject to the courts of law and their decisions. Each laborer shall be registered with flame, place of birth or nativity, and approximate age; each one shall be furnished with a Government permit, and at the expiration of their term of contract to be at liberty to depart, to recontract, or remain as citizens of Samoa, with all the rights, privileges and immunities of other people, but subject to the general law.
• Sec. 3. Free trade shall be the established system of the Government; there shad be no export or import duties except upon the importation of spirituous liquors, as provided by law.

Article III.

• Section 1. There shall be a department of the interior created, with a land commission, and a minister of interior, who shall have jurisdiction of the Government domain. The function of said board of commission will be regulated by law.
• Sec. 2. The secretary of the interior will receive his appointment from the King and be a member of the ministry.
• Sec. 3. The King shall appoint a minister of finance who shall have control of the department of finance and be a member of the ministry.

Article IV.

• Section 1. The Parliament shall meet once each year; both Houses shall combine to determine the day of adjournment, but the law will fix the day of assembly. The premier shall be president of the Upper House (House of Nobles); each House shall choose their other officers and elect their secretaries and clerks.
• Sec. 2. The House of Nobles shall have the sole power to try all impeachments, and when sitting shall be under oath; but the articles of impeachment must come from the House of Representatives.
• Sec. 3. The time, place, and manner of holding election shall be prescribed by the Parliament, and each House shall judge of the validity of the election of each member.
• Sec. 4. Each House may make rules for its proceedings, punish members for disorderly conduct, and a two-thirds vote may expel a member of the House of Representatives. Each House shall keep a minute of their proceedings, and from time to time publish the same.
• Sec. 5. All proceedings and law shall be transacted in Samoan, and translated into English; but any white resident or officer of a foreign government other than English shall, upon demand by properly constituted agents, be allowed access to the proceedings of Parliament and the laws, and make a copy in any language.
• Sec. 6. Members of both Houses shall receive a compensation to be fixed by the law, but to be in rigid conformity with the necessities of the people and upon rigid economical principles, and they shall, in all cases except treason, felony, and breach of the peace, be exempt from arrest during their attendance at a session of their respective Houses and in going to or returning from the same.
• Sec. 7. Ail bills for raising the revenue must originate in the House of Representatives, so that the people, through their chosen representatives, shall have a voice in the raising of the revenue of the government; but the House of Nobles shall concur in such bills.

Article V.

Section 1. I. The Parliament shall have power to levy and collect taxes, duties, imposts, excises, to pay debts, provide for the common defense and general welfare or Samoa.

II. To borrow money on the credit of the government.

III. To regulate commerce with other nations.

IV. To coin money.

V. To establish post-offices and build roads.

VI. To support a home guard and provide for calling forth the militia, &c, execute the laws, and suppress insurrections.

Sec. 2. I. No bill of attainder or ex post facto law shall be passed.

II. No money shall be drawn from the treasury except after an appropriation by the Parliament, and a regular statement of receipts and disbursements of public money shall be published from time to time.

Sec. 3. No island or district shall enter into any treaty with other powers, contract debts, make currency, or make any law except in accordance with the laws of Parliament, which are the laws of Samoa.

Sec. 4. Full faith and credit shall be given in each district for the acts, records, and judicial proceedings of another district.

Sec. 5. The citizens of one island or district shall have like privileges and immunities in every other district.

Sec. 6. A person charged in any island or district with treason, felony, or crime who shall from justice and be found in another island or district shall, upon demand, be delivered up.

Article VI.

Section 1. All debts and agreements contracted or entered into prior to the adoption of this constitution shall be valid as against the Government of Samoa.

Sec. 2. I. Members of the House of Nobles and Representatives, and all other officers of the government shall be bound by oath to support the constitution.

II. The constitution shall be above the King.

III. It is adopted by the present Taimua and will be presented to the people for final ratification.

Sec 3. It is solemnly decreed that after the expiration of seven years, when the people are accustomed to the ballot and realize the sanctity of election, then the Parliament may call a general election to give the people of Samoa the right to resolve the monarchy into a republic. In the action of the Parliament in calling such election the King shall have no voice, and this section of the constitution is not subject of amendment.

Sec. 4. This constitution may be amended by a two-thirds vote of Parliament, but such amendment must be ratified by the people.

The above constitution has been adopted by the Taimua, and we have hereunto subscribed our names and affixed our seals, this 18th day of May, 1875, at Mulinuu, Samoa.

[Inclosure B 2.]

Memorandum respecting the raising of the American flag on Mulinuu Point, May 24, 1877.

This incident having been referred to by Mr. Bates in a casual conversation with me I write down, at his request, my recollection of the circumstances as then stated to him verbally.

At this time (May, 1877) I was very intimate with Mr. Weber, doing considerable business with him, and we were both favorable to Malietoa, assisting him in various ways in his government.

On the 23d May, 1877, the deputation of natives that had gone to Fiji on business connected with a proposed annexation to Great Britain returned to report to the government the result of their mission.

Captain Stewart, the master of the vessel that took this deputation and brought it back, and who claimed to be an American, visited the United States vice-consul, Mr. Colmesnil, immediately upon the arrival of his vessel, and they together came to me with the object of ascertaining whether I would offer any protest or opposition to their project of hoisting the United States flag at Mulinuu Point (the seat of government) on the following morning, and said they were going to inquire of others to the same purpose.

I had no objections to make, and they left.

Early on the morning of the 24th the United States flag was hoisted at Mulinuu Point by Consul Colmesnil, and at the same time a salute was fired by Captain Stewart on shore, ostensibly in honor of the Queen’s birthday.

A little while later on the same morning I called on Mr. Weber, and recounted to him the occurrence of the hoisting of the flag, to which he answered, in substance: “I know all about that; Colmesnil was here last night; it was all understood between us;” thus giving me the impression that he was party to the temporary protectorate plan as carried out by Consul Colmesnil and Captain Stewart.

My impression at the time was that the plan was devised and executed in order to forestall the proposed annexation to Great Britain.

E. L. HAMILTON.

United States Consulate,
Apia, October 9, 1886.

[Inclosure B 3.—From the Samoa Times of June 7, 1879.]

The following is a translation of a document which has this week been received by the foreign representatives from the “Government” party and the Tuamasaga, in reference to the boundaries of the neutral territory.

“We agree with the representatives of foreign Governments in Apia now as follows: (1) We accept the boundaries of the neutral territory from Tiapepe Point to Letogo, including both those places. These are the boundaries beginning at Tiapepe, thence inland to Suisega; Suisega is inside the neutral ground The Faalava road is open to war parties; the boundary of Suisega ends there, and thence to above Vaea, at the back of the Catholic Mission house, and thence to the back of Tanumamanono, and bounds there with Lafalafa, and thence on to Letogo water, F. Cornwall’s land at Faleula, Mr. Weber’s house and land, and Mr. Williamson’s house and land, inland of Tanumamanono. (2) If war should break out we will not raise our flag within the neutral ground, and ail officials acting under us shall leave Mulinuu. No armed parties shall travel or occupy through nor in a position of the neutral ground after war is declared, nor pass the boundaries. (3) We will inform you, gentlemen, representatives of foreign countries, at once when war shall be declared.

“Signed on behalf of the Taimua and Faipule by—

• “SAMOA.
• “LETULI.
• “SARUA.
• “AMOA.

“Signed on behalf of the Tuamasaga and Manono by—

• “TAUPAU.
• “LEIATAUALE SA
• “MATAAFA.
• “TUIATAFU.

“Witnesses to signatures and approved by—

“Th. Weber,
“Imperial German Consul.
“Rob’t S. Swanston,
“Her Britannic Majesty’s Acting Consul.
“Thomas M. Dawson,
“United States Consul.
“J. M. Coe,
“Interpreter.”

[Inclosure B 4.—From the Samoa Times, July 19, 1879.]

Having been asked upon several occasions upon what authority the foreign consuls have assumed the government of the neutral territory, and made the regulations they have, we now publish the following translation of a letter to the consuls from Malietoa and his government, and from the Taimua and Faipule.

“Gentlemen, you are cognizant of the existing difficulties in Samoa. We therefore address you as gentlemen holding office at Apia, under authority of the great Governments. We desire that you direct your attention to the safety of the property and lauds and houses, and the lives of foreigners as well as of others. You will therefore make rules and regulations to repress evil-disposed and disorderly persons, and in addition to repress the selling of intoxicating drinks to Samoans and other Pacific islanders. You will please, gentlemen, also to direct your attention to see carried out all such rules and regulations within the limits of the neutral territory. This agreement shall hold good until such time as the existing troubles in Samoa shall have ceased.”

[Inclosure B 5.]

Agreements.

The following agreements made between the Foreign Representatives resident in Apia, and the King, we publish for public information:

[Translation.]

Apia, December 15, 1879. This day assembled at Apia, on board H. I. G. M. S. Bismark, the Samoan Chiefs named in this document and appointed on the side by Saleaula, Leulumoega, and Lufi Lufi and their provinces and the chiefs and representatives of their war parties and adherents, and on the other side by the provinces of Manono, Faasaleleaga, Itu o fafine, and Tuamasaga, and the chiefs and representatives of their war parties and their adherents. They meet on board H. I. G. M. S. Bismark, this being a neutral place, and they are appointed to deliberate about the proclamation of peace, in order to restore friendly relations and harmony in Samoa, and also to deliberate about other matters useful for the welfare of Samoa. They shall enter into a treaty about the articles accepted of and agreed npon by them, and then sign the same, to ratify thereby the treaty agreed upon. For this purpose have now been appointed on the one side by Saleaula, Leu-lumoega, and Lufl Lufi, and their provinces and the chiefs and representatives of their war parties and their adherents—			Ua potopoto faatasi i le aso nei i Apia i luga o le Manuao o lana Afioga o le Kaisa (Tupu Sili) o Siamani, e igoa o Bismark, o Alii Samoa e tau o latou suafa i le tusi nei. Ua tofia Alii i le tasi itu, e Saleaula ma Leulumoega ma Lufilufi, ma Latou, Itu Malo, ma Alii, ma Faipule, foi o latou itu taua atoa ma Alii, ma tagata uma, ua au faatasi ma laton. Ua tofia Alii i le isi itu o itu Faasaleleaga ma le Itu o Fatine ma le itu malo o manono ma le Tuamasaga, ma Alii, ma Faipule foi o latou itu taua atoa ma Alii ma lagoto uma ua an faafcasi ma latou. Latou te potopofco faatasi i luga o le Mauuao Siamani o Bismark, aua ua tusa lea mea le nun fao ma le laueleele sa fo i. Ua tofia latou, e filifili faatasi i le faaola o le taua, ina ia toe feafolani ma nofolelei o Samoa uma, e filifili foi i nisi mataupu e aoga i le manuia o Samoa. E osi e latou o le feagaiga i mataupu, ua latou loto gatasi ai ma tali al, opa tutusi ai lea o latou ai le feagaiga ua latou loto O lenoi ua uma ona tefia. I le tasi i tu e Saleanla, ma Lenlumoega, ma Lufilufi Itu Malo, ma Alii, ma taua atea ma Alii ma au fatasi ma latou.
1. Malua	}	Saleasela.	1. Malua	}	Saiponla.
2. Lavea			2. Lavea
3. Masua	}	Atua.	3. Masua	}	Atua.
4. Tafua			4. Tafua
5. Galu	}	Aana.	6. Galu	}	Ana.
6. Mamea			6. Mamea
7. Meafaifua	}	Palauli.	7. Meafaifua	}	Palauli.
8. Asiata			8. Asiata
9. Leiataua Piliopo—Manono.			9. Leiataua Piliopo–Manono.
10. Samoa	}	Tuamasaga.	10. Samoa	}	Tuamasaga.
11. Lutu			11. Lutu
12. Alapa	}	Tutuila.	12. Alapa	}	Tutuila.
13. Leaeno			13. Leaeno
and on the other side by the provinces of Manono, Faasaleleauga, Itnofaflne, and Tnamasaga, and the chiefs and represent-at ives of their war parties and their adherents—			ma I le isi itu e Itu Malo o Manono, ma le Faasaleleaga, ma le Itu o Fafiue, ma le Tuamasaga, ma Alii, ma Faipule, foi o latou itu taua atoa ma Alii ma tagata uma ua au faatosi ma latou.
1. Sa’u	}	Manono.	1. Saia	}	Manono.
2. Taupa’u			2. Tupaū
3. Faatuono	}	Faasaleleaga.	3. Faatuono.	}	Taasaleleaga.
4. Lauati			4. Lauati
5. Asiata	}	Palauli.	5. Asiata	}	Palauli.
6. Lana’aia			6. Lana’aia
7. Tuiatafu	}	Tuamasaga.	7. Tuiatafu	}	Tuamasaga.
8. Mataafa			8. Mataafa
9. Saga Auauna	}	Aana.	9. Saga Auauna	}	Aana.
10. Taefu			10. Taefu
11. Leasio	}	Atua.	11. Leasio	}	Atua.
12. Leota			12. Leota
who then agreed upon the following articles:			latou le faia lea mea, ana, latou lota gatasi ai lea i mataupu nei.
Article I.			Mataupu I.
The chiefs of both parties accept of the desire of Captain Deinhard, commanding H. I. G. M. S. Bismark, being the same as that of the Foreign Representatives at Apia, to stop the war.			Ua talia e Alii o le tasi itu ma le isi itu i le finagalo o Kapitene Deinhard o le Alii vaa o le Manuao Siamani o Bismarck, ua tusa foi ma le finagalo o Alii tofia o Itu Malo tetele i Apia, ia tuu lava le taua.
			O le mea lea ua tala’i ai nei, ua faaola le taua.
Therefore, peace is now hereby proclaimed. There shall be no more war in Samoa, but peace and friendship shall henceforth be maintained by all the provinces and places of Samoa and their chiefs and people.			E le toe tau le taua i Samoa nei, a e tumau lava le fealofani ma le nofofele i aso uma o lumani, o Itu Malo ma nuu uma o Samoa atou ma Alii ma tagata uma.
If at any future day any disturbance should again arise, then a decision and peaceable settlement shall be attempted in an amicable way.			Afai e toe tupu se faalavelave i se aso o lumanai, ona faasaga lava lea i le fealofani e maua ai se iuga ma se tonu lelei.
All the chiefs and people of the war parties shall return to their own places, and again turn to their peaceable and friendly occupations, and they shall obediently leave, for their homes, on that day which Captain Deinhard, commanding H. I. G. M. S. Bismark, shall appoint.			Ia toe fo’i atu nei o Alii ma tagata uma o itu taua i latou lava nun, ia toe faasaga i latou galueaa ma latou feau, ia tatau ma le nofolelef ma lo fealofani; latau te te a ma le usiuaitai i le aso lava e faatonu atu ia to latou e Kapitene Deinhard o le Alii vaa o la Manuao Siamani o Bismarck.
Article II.			Mataupu II.
The chiefs of both parties do hereby again accept of and ratify all treaties made between Samoa and the Great Governments of the United States, Germany, and Great Britain, especially also, The Apia Municipality Convention, which shall be valid from the day it is made.			Ua toe talia ma faamauina nei e Aliie le tasi itu ma le isi itu i feagaiga uma ua osia e Samoa ma Itu malo tetelo o le Unaite Sitete, ma Siamani, ma Peretania, aemaise foi o feagaiga ua osia i le faatuina o le faiaai manuu o Apia; e tatau foi ona amataina le pule o le feagaiga i le faatuina o le faiaai ma nuu o Apia i le aso lava, sa osi ai le feagaiga.
Article III.			Mataupu III.
Each province of Samoa shall appoint two chiefs to meet together at such place as Captain Deinhard, commanding H. I. G. M. S. Bismark, may point out, to deliberate, and turn their attention to a final settlement with regard to all matters concerning the Government of Samoa.			E tofia lava nei e taitasi Itu Malo o Samoa tai toa lea Alii, latou te potopoto faatasi i le mea e faasino atu e Kapitene Deinhard, o le Alii vaa o le Manuao Siamani o Bismarck, e fai latou filifiliga e faasaga ai i se tonu ataatoa tau mataupu uma o le Malo o Samoa.
They will also deliberate and agree about an amicable settlement with regard to all Samoan property which was destroyed and plundered in this war by the war parties of both sides.			Latou te filifili ma lato gatasi foi i se faaiu i le fealofani tau me ana a Samoa, ua faasannoaina ma vetea i lenei taua e itu taua o le tasi i’tu ma le isi i’tu.
They will also deliberate about arrangements by which it will be possible for the minority of the people of one province who dissented from the majority of the people of the same province, to return amicably to their province.			Latou te nlifili fai i ni sauniga e mafai e ona toe fo’i mai ma le fealofani i lo latou lava Itu Malo o tagata toaitiati, sa latou loto ese, i le toatele o la tatou Itu Malo.
They will also deliberate together with the Foreign Representatives at Apia in order to make it possible to arrive at an amicable arrangement about all foreign property destroyed, plundered, and damaged in this war by the war parties, and also about all points whereby the war parties have trespassed upon the neutral territory.			Latou te flifili fai faatasi ma Alii tofia o Itu Malo tetele i Apia, ina ia mafai ona maua o se tonu fealofani i mea uma a papalagi, ua faasaunoaina ma vetea ma faaleagaina e itu taua i lenei taua; e faapea foi i mea uma ua solia ai e itu taua i le lauele ele sa.
In case of a dispute between the chiefs and people of a province, because they cannot agree upon two chiefs to be appointed, Captain Deinhard, commanding H. I. G. M. S. Bismark, shall decide and point out the chiefs who are to be put aside and who are to remain.			Afai e fefinaua’i o Alii ma tagata o se Itu Malo o Samoa, ana e le mafai ona latou loto gatasi i taalua Alii e tofia, ona pule lava lea e Kapitene Deinhard o le Alii vaa o le Manuao Siamani e igoa o Bismarck e faatonu atu o ai Alii na tu’n ese pe nonofo.
Captain Deinhard, commanding H. I. G. M. S. Bismark, shall have the right to transfer this arbitership to the Foreign Representatives at Apia, and make them his substitutes.			E tu’u faitalia foi e Kapitene Deinhard o le Alii vaa o le Manuao Siamani o Bismarck, ona tunina ane e ia lena pule i finauga, ia Alii to fia o Itu Malo tetele i Apia, e fai o latou ma lona sui i lenei mea.
Article IV.			Mataupu IV.
This treaty shall be binding from the day on which it is signed by the chiefs appointed on both sides, and it shall be put into the hands of Captain Deinhard, who will transmit it, at a later day, to the Foreign Representatives at Apia, for safe keeping, but each province of Samoa shall have the right to get a copy thereof if they desire so.			E mau lava lanei feagaiga, e amata i le aso o lo’o tuuina ai o latou suafa e Alii ua tofia i le tasi itu ma le isi itu.
			E tuuina atu lenei tusi o le feagaiga i lima o Kapitene Deinhard a e toe tuuina ane e ia i se tasi aso nanei i lima o Alii tofia o Itu Malo tetele i Apia, latou te tausi iai, a e tatau lava ona maua sonaata e taitasi Itu Malo o Samoa pe a manao iai.
This treaty has been signed and sealed by the chiefs nominated to make the same.			O lenei ua tusia ai suafa ma tutu ai faamau faailoga e Alii ua tofia e osi lenei feagaiga.
Such was done in presence of such witnesses namely—Captain Deinhard, commanding H. I. G. M. S. Bismarck; and Mr. Weber, Imperial German Consul; and Captain Chuden, commanding H. I. G. M. S. Nautilus. At Apia, on board H. I. G. M. S. Bismarck, on this fifteenth day of December, in the year one thousand eight hundred and seventy-nine.			Ua faii luma o Molimau toatolu, O Kapitene Deinhard, O le Alii vaa o le Manuao Siamani o Bismarck; Ma Misi Uepa, O le Alii Konesula, Siamani; Ma Kapitene H, Chuden, O le Alii vaa o le Manuao Siamani o Nautilus; i Apia i luga o le Manua Siamani e igoa o Bismarck ĭ lenei aso e sefulu ma le lima o le masina o Tesema i le tausaga Tasi le afe ma le valu sealu ma fitu sefulu ma le iva—
(L. S.) (Snd.) Ma (his x mark) tua.			(L. S.) (Snd.) Ma (lona x faailoga) tua.
Lavea.			Lavea.
Masua.			Masua.
Ta (his x mark) fua.			Ta (lona x faailoga) fua.
Alipia Galu.			Alipia Galu.
Le Mamea.			M. K. Le Mamea.
Mea (his x mark) faifua.			Mea (lona x faailoga) faifua.
Asi (his x mark) ata.			Asi (lona x faailoga) ata.
Leiataua Piliapo.			Leiataua Piliopo.
Samoa.			Samoa.
Lu (his x mark) tu.			Lu (lona x faailoga) tu.
Alapalelei.			Alapalelei.
Sa’u.			Leaeno.
Tau (his x mark) pa’u.			Sau.
Faa (his x mark) tuono.			Tau (lona x faailoga) pa’u.
Lau (his x mark) ati.			Faa (lona x faailoga) tuono.
Asi (his x mark) ata.			Asi (lona x faailoga) ata.
Lana (his x mark) aia.			Lana (lona x faailoga) aia.
Tuiatafu.			Tue’atafu.
Mataafä.			Mataafa.
Saga le Auauna.			Saga le Auauna.
Ta (his x mark) efu.			Ta (lona x faailoga) efu.
Leasio.			Leasio.
Le (his mark) ota.			Le (lona x faailoga) ta.
Leaeno.
Witnesses—			Malimau.
Deinhard, Corveiten Captain, Commandant H. I. G. M. S. Bismark.			Deinhard.
Th. Weber, Imperial German Consul.			Th. Weber.
Chuden, Commandant H. I. G. M. S. Nautilus.			Chuden.

[Inclosure B 6.—Translation.]

Apia, 23rd December, 1879. This day there assembled on board H. I. G. M. S. Bismarck and hereinafter mentioned Samoan chiefs. They were appointed by the provinces of Samoa according to Article III. of the treaty made also by Samoan chiefs on the 15th day of this month on board the German ship of war Bismark, and accordingly met this day to continue the deliberatious of the 15th of this month, by deliberating now on those matters pointed out in Article III. of the treaty made on the 15th of this month.	Ua potopoto faatasi i le aso nei i Apia i luga o le manuao o lana Afioga o le Kaisa (Tupu Sili) o Siamani, e igoa o Bismarck, o Alii Samoa ta’u o latou suafa mulimuli ane i le tusi nei. Ua tofia latou e Itu Malo o Samoa faa-tatau ma le mataupu e III. o le feagaiga ua osia e Alii Samoa foi i le aso 15 o le masina nei i luga o le manuao Siamani o Bismarck. O le mea lea foi ua latou potopoto faatasi ai i le aso nei e toe faasaga i filifiliga ua amataina i le aso 15 o le masina nei. Latou te filifili i le aso nei i mataupu ua faatonu ina mai i le mataupu III. o le feagaiga ua osia i le aso 15 o le masina nei.
For this purpose have been appointed	Ua tofia.
By Atua—Tagaloa and Fualaga.	E Atua—O Tagaloa ma Fualaga.
By the Tuamasaga—Tuiatafu and Mataafa.	E le Tuamasaga—O Tuiatafu ma Mataafa.
By Aana—Le Mana and Taefu.	E Aana—O Lorn an a ma Taefu.
By Manono—Taupa’u and Sa’u.	E Manono—O Taupa’u ma Sa’u.
By the Itu-o-tane—Masoe and Utumapn.	E Itu-o-tane—O Masoe ma Utumapu.
By the Faasaleleaga—Lauati and Faa tuono.	E le Faasaleleaga—O Lauati ma Faatuono.
By the Itu-o-fafine—Asiata and Lagaaia.	E le Itu-o-fafine—O Asiata ma Lagaaia.
By Tutuila–Leaena and Alapa.	E Tutuila—O Leaeno ma Alapa.
who then agreed upon the following articles:	Latou te faia lea mea, ona latou lotogatasi lea i mataupu nei.
Article I.	Mataupu I.
Malietoa Talavou is hereby appointed king for lifetime.	Ua tofia nei o Malietoa Talavou ma Tupu o Samoa i lona ola. Ua faia nei o Malietoa Laupepa ma le Sui Tupu e faa-saga e ia i le galuega faa tupu.
Malietoa Laupepa is hereby made regent, and will attend to the work of the king.
Article II.	Mataupu II.
All flags of Samoa, made hitherto, are hereby abolished and a new flag is hereby adopted, to show thereby the unity of Samoa.	Ua lafoaiina nei o fua Samoa uma ua faia i aso ua mavaeina, a ua faia nei o le fua fo’u e faailoatu ai ua faatasi Samoa uma. E faapea lefua: O le fua mumu ma le faaaveau paepae ma le fetu paepae foi ma ona mata e lima; e tuu o le fetu i le itu i luga ua latalata i le la’au, E tuu faitalia foi i le Tupu e fai sana fua o loto iai, a o le fua lea e le se fua o le Malo.
The flag is thus:
A red flag with a white cross, and also a white star with five points; the star shall be put in the upper part next to the flagstaff.
The king shall have the right to choose his private flag, but that flag shall be no Government flag.
Article III.	Mataupu III.
Each province of Samoa shall appoint two Samoan chiefs, who shall be called Taimua.	E tofia e taitasi Itu Malo taitoalua Alii Samoa, e ta’ua i latou o Alii Taimua. A o Alii ua tofia nei e Itu Malo o Samoa e faasaga i lenei feagaiga, o i latou nei o Alii Taimua, a e tatau ona fesuiai ni isi Alii toalua e taitasi Itu Malo pe a loto gatasi ai o lo latou Itu Malo, a e lei o’o atu i le aso e 20 Ianuali ole tausaga fo’u. E tofia foi e Itu Malo a Itu-o-tane ma le Tuamasaga ma Atua o latou Faipule se taitoalima, a o Itu-o-fafine ma Aana ma Tutuila ma le Faasaleleaga e taitoafo, a o Manono toatolu. E tofia o Alii Taimua i tausaga e fa, a o Alii Faipule i tausaga e tolu e amata talu mai le aso e fai ai e latou le potepotoga muamua i le alala-faga ole Malo. Pe a uma tausaga o latou tofiga ona toe filifili lea e taitasi Itu Malo pe faafouina i latou pe tofia ni Alii fo’u. Ia ese le falepulega o Taimua e faapea foi o Faipule; pe a ese le finagalo o le toatele o Taimua ma le finagalo o le toatele o Faipule ona pule lea o le Tupu pe tonu le finagalo o Taimua, pe tonu le finagalo o Faipula, pe tonu ona faatuai o le filifiiliga i le mataupu ua latou loto eseese ai. Epotopoto mai o Taimua ma Faipule i le alalataga o le Malo i tausaga uma a latou tonga, e faasaga i latou filifiliga i Tu-lafono ma isi mataupu a e le mafai ona silia o masina e tulu latou te nonofo ai i tausaga e teitasi i le alalafaga o le Malo ona latou toe foi atu lea i o latou lava itu Malo e nonofo nao o Alii Taimua tai toatasi o Itu Malo, e fesoasoani i le Tupu po o le Sui Tupu e tansia i tulafono ma galuega eseese o le Malo e tusa ma tulafono—latou te tofia foi o se tasi o i latou e faia o ia ma Taimua Sili. E tuu ai e le Tupu poo le Sui Tupu o lona suafa i lusi uma o faasalalau ai o Tulafono ua faia e tusa ma faatonuga i luga o le mataupu, nei ma isi tusi foi e tusi ma tulafono e faia. A e tatau lava ona faaopoopo ai fai o le suafa o le Taimua, sili aua na o ia lava e taofia i mataupu o le Malo pe a iai se mea e tasi ua le tusa ma le tulafono. O Alii Taimua, o e a nonofo faatasi ma le tupu (Sui tupu) e tausi i tula fono ma isi mataupu, latou te filifili ma lotogatisi foi ma Alii tofia o Itu Malo tetele i Samoa nei i mataupu uma tau papalagi e tusa foi ma feagaiga ua uma ona osia e Samoa ma Itu Malo tetele. Latou te filifili foi faatasi ma Alii o Itu Malo tetele i Samoa nei i s auniga e mafai ai ona vaoia ma faatonuina ai le faatau ma le tuuina atu e papalagi i Alii ma tagata Samoa ma isi tagata eseese foi o i Samoa nei o ava o’na papalagi ma auupega ma mea eseese e aoga i taua.
The chiefs at present appointed by the provinces of Samoa to direct their attention to the present treaty agreement are now the Taimua, but they may be exchanged up the 21st January of the next year, by each province, for two other chiefs if their respective province is of one mind in that respect.
The provinces of Itu-o-tane, Tuamasaga, and Atua, shall each appoint five Taipaule; the provinces of Itu-o-fafine, Aana, Tutuila, and Faasaleleaga each four, and Manono three Faipule.
The Taimua shall be appointed for four years, and the Faipule for three years, beginning from the day of their first meeting at the seat of Government.
Alter the expiration of their term of office, each province shall again deliberate about their re-election or new election.
The deliberations of Taimoa and of the Faipule shall take place separately. In case the decision of the majority of the Taimoa should differ from the decision of the majority of the Faipule, then the king shall decide which decision shall be valid, or whether the deliberations on the matter in dispute shall be postponed.
The Taimua and Faipule shall assemble every year of their term of office, at the seat of Government, to attend to deliberations about laws and other matters, but they shall not remain at the seat of Government longer than three months every year, and they shall then return to their provinces—with the exception of one Taimua from each province, who shall remain to assist the King (Regent) in superintending the execution of the laws and attending to different Government work in accordance with the laws. They shall also appoint one of their number as Taimua Sili (President).
The King or Regent shall sign all documents by which those laws are published which have been adopted in accordance with the above regulations, and also any other documents if in any accord an ce with laws that have been passed. But it is necessary that the Taimua Sili shall also add his signature, because he alone will be responsible in all Government matters, if there should be anything in such documents not according to law.
The Taimua who remain with the King (Regent) to superintend the execution of laws and attend to other Government matters shall also deliberate and agree with the foreign representatives in Samoa about all matters concerning foreigners, in accordance with the treaties made between Samoa and foreign nations.
They shall also consult with the foreign representatives in Samoa about measures whereby it will be possible to prohibit or regulate the sale and supply by foreigners to Samoans, and also to other people in Samoa, of intoxicating drinks, arms, and ammunition of war.
Article IV.	Mataupu IV.
Each province of Samoa shall appoint its own governor, but if a dispute should arise in this matter, then it shall be left to the Taimua and Faipule to appoint a governor for the province disagreeing in opinion, and if the Taimua and Faipule cannot agree, then the King shall decide whether the governor desired by the Taimua or that one desired by the Faipule shall be appointed. The term of the governor’s office shall be two years and six months.	E tofia e Itu Malo o Samoa o lotou lava Kovana—a e a tupu ni finauga i lenei mataupu ona tuuina atu lea i Taimua ma Faipule latou te tofiaina se Kovana i le i tu Malo ua fefinaua’i, a ea le maua se tonu a Taimua ma Faipule ona pule atu lea e le Tupu pe tonu le finagalo o Taimua ise Kovana po o Faipule. O tausaga o lona tofiga e lua ma masina e ono. E tofia e le Kovana i lona Itu Malo e tusa ma tulafono o faamasino ma leoleo ma failantasi atoa ma ni isi—na te tausia foi ma faao’o atu i lona Itu Malo o Tulofono uma ua faasalalauina.
The governor shall apppoint in his province, in accordance with law, the judges, police, scribes, and other officers, and he shall also superintend in his province the execution of the laws that have been published.
Article V.	Mataupu V.
The King or Regent shall inform all provinces of Samoa of the day in each year when the Taimua and Faipule shall assemble at the seat of Government and commence their sittings, which shall not last longer than three months; then they shall return to their provinces, and only those Taiinuas shall remain who are appointed to assist the King (Regent) according to Article III.	E faasilasila atu e le Tupu po o le Sui Tupu, i Itu Malo uma o Samoa le aso i tausaga uma e potopoto mai ai Taimua ma Faipule i le alalafaga o le Malo e amata ai o latou filifiliga faa le Malo—a e le aulia toiu masina ona toe tu’ua atu lea i o latou Itu Malo, a e inonofo nao Alii Taimua e Tofia e fesoasoani i le Tupu (Sui Tupu) pe i o le Mataupo III. O le tofiga o Taimua ma Faipule e filifili ma letogatasi e fai tulafono pei o le mataupu e tolu a e le mafia ona faia toa tasi e le Tupu ni tulafono—a o le tofiga lava o le Tupu ona tausi ma faao’o atu o tulafono ua faia pei o le Mataupu e III.
It is the office of the Taimaa and Faipule to deliberate and agree upon laws, according to Article III; but it is impossible for the King alone to make laws, his own office being to superintend the execution of the laws that have been made according to Article III.
Article VI.	Mataupu VI.
For the present the seat of Government is on Mulinuu. But of the chiefs appointed to make this present treaty, and who are now called Taimua, there shall now assemble at the seat of Government one Taimua from each province, and they shall assist the King, take care of the seat of Government, and consult with the foreign representatives.	A o ona po nei o le alalafanga Malo o le Mulinuu. O Alii ua tofia e osia le feagaiga nei ua ta’ua nei o Taimua—e potopoto mai nei lava i le alalafaga o le Malo o tai toatasi Taimua o Itu Malo, latou te fesoasoani i le tupu, latou te filifili foi ma Alii tofia o Itu Malo tetele. A o Alii Taimua nei ona totoe lea e tai toatasi o Itu Malo e toe foi atu o i latou i latou lava Itu Malo, latou te filifili ai, i ni Faipule e tofia mai, ma ni Taimua e fesuiai ma latouma Taimua foi ua nonofo i le alalafanaga o le Malo pei o le Mataupo III. Ona toe potopoto faatasi mai lea i Mulinuu o Alii tofia uma i le aso 20 o Januali tausaga fou e amata ai o a latou galueg a faa le Malo i Mulinuu. Latou te faasaga muamuai filifili e mataupu ua totoe e faaatoatoa ai o mataupu o se faavae fou o Samoa ua talia i le feagaiga nei, a o lona lua, latou te faasaga i tulufono eseese o le a finagalo faatasi ai o i latou pei o le Mataupu III.
The other Taimua chiefs then remaining, being one of each province, shall return to their own province to deliberate, according to Article III, on the appointment of the Faipule, and on the exchange of any Taimua among themselves, and also among those Taimuas who remain on the seat of Government. Then all the chiefs appointed shall return to Mulinuu on the 20th January of the next year to commence their Governmental work.
They shall first deliberate on such matters remaining whereby the articles of the new Samoan constitution, as adopted by this agreement, will be more completed, and secondly they shall turn their attention to different laws to be agreed upon according to Article III.
Article VII.	Mataupu VII.
Deliberations concerning Samoan property destroyed and plundered by the war parties of the last war, shall be postponed until the Taimua and Faipule will be assembled at Mulinuu.	E tuu atu i tua filifiliga tau o mea a Samoa ua faasaunoaina ma vetea i lea taua e itu taua, sei’a faitalia Taimua ma Faipule pe a potopoto faatasi i Mulinuu. E faasaga nei e taitasi Itu Malo i ni sauniga e mafai ai ona toe foi atu i le fea lofani o tagata toaitiiti ua tete’a mo lo latou Iti Malo talu o le taua. A le mafai, ona tu’u lea, seia potopoto Taimui ma Faipule i Muliftuu, onafatou filifili ai lea. Ua tofia nei o Alii Taimua ma Faipule i Mulinuu, ona latou filifili ai lea. Ua tofia nei o Alii Taimua e potopoto mai nei i Mulinuu latou te filifili faat asi ma Alii tofia o itu Malo tetele i mea a papalagi ua faasaunoaina ma vetea ma faaleagaina e itu taua i lea taua, ma i mea uma ua solia ai e itu taua i le lauoleele sa. E faasinoina e Alii tofia o Itu Malo tetele, le aso ma le mea, e potopoto ai i le filifiliga.
Each province shall endeavour at once to take such measures as will enable that minority of the inhabitants of any such province having been left by them on account of the war, to return there in friendship.
If this is not possible, then it shall be postponed until the Taimua and Faipule are assembled in Mulinuu, and they shall then deliberate on it.
The Taimua chiefs, who now assemble in Mulinuu, are appointed to consult with the foreign representatives about foreign property destroyed, plundered, and damaged by the war parties of their war, and about all matters concerning any trespass upon the neutral ground.
The foreign representatives will appoint the day and place of meeting for their consultation.
Article VIII.	Mataupu VIII.
This agreement shall be valid from the day that the chiefs appointed have signed the same. This agreement shall be delivered into the hands of Captain Deinhard, who will transmit it, on a later day, into the hands of the Samoan Government for safe keeping, but Captain Deinhard shall have the right of getting a copy thereof, which shall be certified as a true copy by the King (Regent), and those Taimua now remaining at the seat of Government affixing their signature thereto.	E man lenei feagaiga amata i le aso o lo’o tuuina ai o latou suufa e Alii ua tofia nei. E tuuina atu nei o lenei tusi o le feagaiga i lima o Kapitene Deinhard a e toe tuuina aue e ia i se tasi aso uane i ai lima o le Malo o Samoa, latou te tausi iai a e latou lava oua mau sona ata o Kapitene Deinhard e faamauina ai o iatou suafa o le Tupu (Sui Tupu) ma Aiii Taimua e nonofo nei i le al iafaga o ie Malo ina in faailoatu ai ua moni ie a uta. 0 lenei ua tusia ai suafa ma tutu ai faamau faailoga e Alii ua tofia e osi lenei feagaiga.
This agreement has been signed and sealed by the chiefs appointed to make the same.	Ua faia i lama o Molimau to itulu—Kapitene Deinhard, o le Alii vaa o le Manuao Siamani o Bismarck, ma Missi Ueba, o le Alii Konesula Siamani, ma Kapitene H. Chuden, o le Alii van o le Manuao Siamani o Nautilus—i Apia i luga o le Manuao Siamani e igoa o Bismarck i lenei aso e lua sefulu ma le tolu o le masina o Tesema i le tausaga Tasi le afema le valu selau ma fitu sefulu ma le iva—
Done before three witnesses—Captain Deinhard, commanding H. I. G. M. S. Bismarck, and Mr. Weber, Imperial German consul, and Captain Chuden, commanding H. I. G. M. S. Nautilus—at Apia, on board H. I. G. M. S. Bismarck, on this twenty-third day of the month of December, in the year one thousand eight hundred and seventv-nine.
(L. S.) (Snd.) Tagaloa.	(L. S.) (S. D.) Tagaloa.
Fua (his x mark) Taga.	Fua (lona x faailoga) taga.
Tuiatafu.	Tuiatafu.
Mataafã.	Mataafa.
Lemana.	Lemana.
Tae (his x mark) fu.	Ta (lona x faailoga) efu.
Ma (his x mark) soe.	Ma (lona x faailoga) soe.
usumapu.	Utumapu.
Lau (his x mark) ati.	Lau (lona x faailoga) uti.
Faa (his x mark) tuono.	Faa (lona x faailoga)tuono
Asi (his x mark) ata.	As (lona x faailoga)iata.
Laga (his x mark) ata.	La (lona x faailoga) gaaia.
Tau (his x mark) pa’u.	Tau (lona x faailoga) pa’u.
S’au.	Sau.
Leaena.	Leaeno.
Alapalelei.	Alapalelei.
Witnesses—
Deinhard, Corvetten Capitain, Commandant S. M. S. Bismarck.	Deinhard, Corvetten Capitain, Commandant S. M. S. Bismarck.
Th. Weber, Imperial German Consul.	Th. Weber, Imperial German Consul.
Chuden, Corvetten Capitain, Commandant S. M. S. Nautilus.	Chuden, Corvetten Captain, Commandant S. M. S. Nautilus

[Inclosure B 7.]

An agreement made between the King and Government of Samoa and the foreign consuls in Samoa.	O le feagaiga ua faia e le Tupu ma le Malo o Samoa ma Konesula papalagi oi Samoa.
Whereas the King and Government of Samoa did, on the 31st day of August, 1879, address a letter to the three Governments of the United States of America, Germany, and Great Britain, requesting them to take some concerted action for the preservation of peace and good order in Samoa, and for the protection of the King and Government thereof: and	Faauta mai, na tusia e le Tupu ma le Malo o Samoa i le aso e 31 o Aokuso 1879 o le tusi i Malo tetel e e tolu, o le malo o le Unaite Setete o Amerika, ma le malo o Siamani, ma le malo o Peretama Tele, e fai atu ai ia te i latou, e faia taatasi se to-gafiti, ma ia faatuma uma ai le filemu, ma le nofo lelei o Samoa, ma ia faamama-luina ai le Tupu ma le malo a Samoa; Faauta foi, o le aso e 15 o Tesema 1879 sa faainina ai le taua o Samoa i le feagaiga e nofo filemu ai, na osia e alii tofia o itu taua e lua;
Whereas on the 15th day of December, 1879, the civil war in Samoa was terminated in the treaty of peace between the representatives of the opposing forces; and
Whereas on the 23d day of Decenber, 1879, on board H. I. G. M. ship “Bismarck,” a permanent agreement was entered into by the representatives of both parties electing and recognizing Malietoa Talavou King for life; and	I le ma le tasi mea i le aso e 23 o Tesema 1879, na faia i luga o le manuao o lana afioga le Tupu Sili o Siamani, ua igoa ia “Bismarck” o le feagaiga tumau na oma lava e alii tofia o itu taua e lua ma ia toita ma talia o Malietoa Telavou e fai ma Tupu, ia atoa ai tona soitna;
Whereas on the 12th day of January, 1880, the Imperial German Government sent instructions to the Imperial German consul-general in Samoa that the Governments of England and America had accepted the proposals of the German Government, and ordering him to recognize and enter into an agreement with his colleagues for the protection of Malietoa and his government by the three powers alreadv named in this preamble: and	Faauto foi, o le aso e 12 o Iannari 1880, na tuu mai ai e le malo o Siamani o le faailoga i le Konesula Sili o Saimani ai Samoa e masilasita ia te ia, na talia e le malo o Peretania flla Amerika na tonu o moa na monatu i ai le Malo Siamani, ua poloaiga foi ia te ia e filifili ma ona uso o Konesula, latou te osia faatasi ai se fea-gai ga ina ia faamamaluin a ai o Malietoa ma lena Malo e male uma e tolu uataua i ienei tusi:
Whereas on the 14th day of January, 1880, the English Government ordered H. B. M. ship “Danae” to Samoa with instructions to Captain Purvis, commanding, to recognize Malietoa and protect his government in conjunction with the naval forces of Germany and America; and	Faauta foi i le tasi mea, o le aso e 14 o Ianuari 1880 na tuuina mai e le malo o Peretania le manuao e igoa ia “Danae,” o lana Afioga le Tupu Tamaitai o Peretania, na poloaiina foi Kapeteni Purvis e ana e pulo i lea vaa, e faailogaina ia Malietoa ma faamamalu i lona malo, faatasi ma le fua manuao, Siamani, ma Amerika:
Whereas the present King and Government of Samoa earnestly desire that this arrangement may be consummated as speedily as possible, for the greater security of life and property within the kingdom, and for the utmost prosperity of the Samoan Islands. Therefore the King, Malietoa Talarou, and the Government of Samoa, the Taimua and Faipule, and Captain Zambsch, Imperial German consul-general, on behalf of the German Government, and Thomas M. Dawson, United States consul, on behalf of the Government of the United States of America, and J. Hicks Graves, Her Britannic Majesty’s consul, on behalf of the United Kingdom of Great Britain and Ireland, &c, have agreed upon and concluded the following four articles, to take effect immediately, and to continue in force till ratified, modified, or rejected by the three protecting powers:	Faauta foi, ua matua finagalo lava le Tupu ma le malo o Samoa, ina ia vave oia faataunun o lenei filifiliga ina ia mamalu ai lava o le soifua o tagata, ma oloa uma eseese o e ua i lenei malo, atoa ma le manuia o le atunuu uma o Samoa;
	O lenei, ua finagale faatasi le Tupu o Malietoa Talavou, ma le malo o Samoa, o Taimua ma Faipule; ma Kapetene Zambsch le Konesula Sili le sui o le malo o Siamani, ma Thomas M. Dawson, le sui o le malo o le Unaite Setete o Amerika, ma J. Hicks Graves o le Konasula o lana Afioga le Tupu o Peretania, e fai foi o ia ma sui o le malo sosoo o Peretaoia Tele maAialani, &c, ua finagalo faatasi i latou ma faamauina o mataupu e fa, a ta’u atu nei, o le a faataunuuina nei lava ma tun, au lava, seia oo ina faatumauina, peliua, pe faatea’eseina e malo Faamamalu e tolu.
Article I.	Mataupu I.
The present King, Malietoa Talavou, shall be supported as the head of the Samoan Government during his life-time, and his successor shall be agreed upon by the three protecting powers.	O lenei Tupu o Malietoa Talavou, e faamamaluinao ia, peiseai o le ao lava ia o le malo o Samoa i ona po uma o lona soifua, a o lona sui i le notoaiga, e filifili faatasi i lea mea Malo Faamamalu e tolu.
Article II.	Mataupu II.
There shall be an executive council for the King and Government of Samoa consisting of a citizen of the United States of America, a German and a British subject, and they shall hold the offices, respectively, of minister of justice, minister of finance, and ministei of public works.	E iloga isi alii e fesoasoani ai i le Tupu ma le malo o Samoa. O le Alii Unaite Setete, o le tasi lea; ma le Alii Siamani, ma le Alii Peretania, o i latou ia e toatolu. E tofia le tasi o faasaga i Tulafono ma Faamasinoga. E faasaga lo tasi i tupe, e totogi ai mea faaloinalo. Ae faasaga le tasi i galuaega eseese a le Malo i ala ma fale &c.
Article III.	Mataupu III.
The members of the executive council shall be nominated from among the residents of Samoa by the ednsuls of their res-pective nations resident at Apia, and they shall hold office from the date of their nomination, which must subse-quently be confirmed by the home Governments.	O Alii tofia ia, e filifilia latou o Kone-sula, ai Alii o man i Samoa, o ta’itasi le Konesula ma tofi le alii e toatasi o lona itu malo e man i Apia. E am ata foi ona latou faia o latou tofi i le aso ua filifilia ai, a e raulimuli onafaamauina o latou tofi o Alii o Malo Tetele.
Aticle IV.	Mataupu IV.
The members of the executive council shall hold office till their successors are nominated by the consuls, and they shall receive such salaries as may be agreed upon between the Government of Samoa and the consular representatives of the three protecting powers.	E tumau Alii tfia ia i o latou tofia seia filifilia e Konesula o latou sui. E avatu foi ia te i latou se totogi e tusa ma se fili-filiga e faia e lea mea e le Malo Samoa, ma Konesula Malo Faamamalu e tolu.
In witness whereof we have signed the same and affixed thereto our seals.	Silasila o le faamaoni o lenei mea, ua tusia ai o matou igoa ma tuuina ai o ma-tou faailoga.
Done at Apia this twenty-fourth day of March, in the year of our Lord one thousand eight hundred and eighty.	Ua faia i Apia i lenei aso e luafulu ma le fa o Mati, o le tausaga o lo tatou Alii, o tasi le afe ma le valu o selau ma le va-lunafulu.
Zembsch. [l. s.] Thomas M. Dawson. [l. s.] J. Hicks Graves. [l. s.]	O au o Malietoa Talavou. Malietoa Laupepe. O au o Mataafa.

[Inclosure B.8.]

agreement.

The following are the articles of agreement concluded on board the U. S. S. Lackawanna on Tuesday, 12th instant:

1. On this day assembled on board the U. S. S. Lackawanna, in this harbor, the Samoan chiefs whose names are hereto signed. They are all true representatives of the war party of Malietoa and of the war party of Tupua, and concerning this matter this is their determination that permanent peace and friendship is hereby established throughout Samoa, beginning from this day.

2. All the war parties scattered throughout these islands shall each return to their respective homes.

3. Malietoa Laupepa is hereby made and appointed King.

4. Tupua Tamasese is hereby made and appointed Vice-King, and the length of their reign shall be left to the determination of the Government.

5. Nothing in this agreement shall interfere with any former treaty made by the Government of Samoa with foreign powers.

In witness whereof we have set our hands and seals this 12th day of July, 1881:

• Lauati,
• Tulatafu,
• Utimapu,
• Leiataualesa,
• Lagaia,
• Asiata,
• Mauga,
• Moeona,
• G. Alipia,
• Tafua
• Su,
• Letufuga,
• Tuisalega,
• Tuitede,
• Faite,
• Moefaano.

We, the undersigned, are witnesses to the foregoing agreement and the signatures thereto, this 12th day of July, 1881:

• J. H. Gillis, U. S. N., Commanding U. S. S. Lackawanna.
• Thomas M. Dawson, United States Consul.
• J. Hicks Graves, Her Britannic Majesty’s Consul.
• G. Von Oertzen, Acting German Consul.

[Inclosure C—From the Samoa Times, November 16, 1878.]

There are judges and judges, but for an upright independent judge, who does his duty without fear or favor, commend me to the Samoa native magistrate Finai, alias Moses Roberts, alias McLeod, alias Saga. In the case of a Chinaman versus five natives, for assault, heard before Finai and Leutele, native magistrates, heard at the British Consulate on the 8th instant, Judge Finai, after hearing all the evidence, addressed the prisoners thus: “I am afraid to sentence you as you deserve for you will get your relatives to punish me. I am afraid you will cause me to feel in person your annoyance.” Then, to one of the prisoners, who, by the way, recently received three dozen lashes by order of H. B. M. Consul for insulting British subjects, he remarked: “Your father is a bigger man than I, therefore I dare not order you what you deserve.” Then to the prisoners collectively: “Still one thing I say, do as you will, I belong to the Government. I am a magistrate and must sentence you to something; Tua, Peni, Toseu, and Gugu will pay $15 each, and Masugu $5.” Is not this a Daniel come to judgment.

[Inclosure D.]

Mulinuu, November 5th 1884.

Her Majesty Queen Victoria, Queen of Great Britain and Ireland:

Your Majesty: We are the King and chiefs of Samoa who write to your Majesty to pray and entreat you to receive our request.

It it now nearly a year ago since our King wrote to give over to your Majesty the sovoreignty of Samoa.

We have been very anxious while awaiting for an answer, but no answer has been received. Your Majesty: great is our regard for your Government, for we know well our people will be protected and we shall have peace under your rule.

Therefore we entreat your Majesty that out anxiety may be relieved, which arises from our earnest desire that Samoa may be given over to your Government.

It is entirely at the disposal of your Majesty as to whether it is better for us to become an English colony or be connected with the Government of New Zealand.

Your Majesty, our hearts are grieved and our fear is very great indeed with regard to other Governments who desire to take possession of our Government, which is not according to our wish; therefore we entreat your Majesty that you will speedily come to our assistance, in order that you may save us, according to the sentiment expressed in our request.

We wish to make clear to your Majesty. We, the King and chiefs of Samoa, give over our islands to the sovereignty of the Government of England. We rely on the Government of your Majesty to protect our people.

We hope and pray to God that your Majesty and your Government may prosper.

Signed by the King, Vice-King, and forty-eight chiefs.

[Inclosure D 2.—Translation.]

Mulinuu, November 12, 1884.

Her Majesty the Queen of Great Britain and Ireland:

Your Majesty: This is to make known to your Majesty that the King of Samoa and the chiefs of these islands have sent a petition to your Majesty praying that you would set up your government in Samoa.

We have sent that petition to the governor of New Zealand and have besought him to send it, by means of telegram, to your Majesty, and make known to your Majesty that he has received our petition.

We have informed your Majesty that painful anxiety has taken possession of our minds because we are much afraid of Germany lest she should take our islands against our will.

Your Majesty, we are in distress on account of the Government of Germany lest they should take our islands; therefore we have accepted another treaty with Germany. I wish to make clear to your Majesty, in consequence, that I have accepted the treaty against my will, likewise against the will of my Government, but I have accepted it on account of my fear, for I have thought that if your Government should be set up in these Islands then that treaty will be of no effect.

I have entreated the English consul here to make clear to your Majesty all the reasons of our fear which have led us to accept this treaty and to make clear to your Majesty the meaning of that treaty, and to inform your Majesty of the great regard of myself and Government for your Majesty and the Government of England, and our great desire to give our islands to the Government of your Majesty.

I respect extremely the Government of your Majesty, and I trust that speedily you will receive favorably our petition.

I am,

MALIETOA,
King of Samoa.

[Inclosure D 3.—Translation.]

Mulinuu, November 12, 1884.

W. B. Churchward, Esq.,
Acting British Consul:

Sir: I wish to inform your excellency that I have now written to Her Majesty the Queen of Great Britain, and made known to Her Majesty our petition which has been communicated to the governor of New Zealand; it is mentioned also in this letter.

I have begged your excellency that you would explain to Her Majesty everything that gave rise to my receiving the agreement which was made last night with Germany, I and my government having been much distressed lest our group of islands should be taken by Germany.

I wrote yesterday to the German consul to give me a copy of the agreement with me and my government, but the German consul replied that he could not give me and my government a copy. Then the whole government met together and deliberated what was right to do, and it ended in our rejecting the agreement, and it was not received. Notwithstanding that our distress still continued.

It was getting near the hour of night which was fixed to hold the meeting, and I walked into the road when Tupua Tamasese came down. He spoke to me with distress, and told me the same bad story.

I and Tamasese, bearing in mind the agreement, were very anxious, and I said, “Let us both go down and receive the agreement in order that we may be at peace to-day, and let us wait for the decision of Great Britain.”

I beg your excellency to make known to Her Majesty the great love of me and my government for Great Britain, and also our strong desire to give up our group of islands to the Government of Great Britain.

I hope in Her Majesty.

Do not bear in mind this agreement with Germany.

I am determined when the Government of Her Majesty is in these islands, then that agreement shall end. Let not your excellency be offended, but do you make these things clear to Her Majesty the Queen of Great Britain, and do you send this letter by the steamer at Tutuila.

MALIETOA,
King of Samoa.

[Inclosure D 4.]

Mulinuu, December 1, 1884.

Sir: I write to make known to yon the distress of myself and the Government of Samoa, I am sending, sir, to you a copy of the letter of myself and the Government of Samoa to Her Majesty the Queen of England, praying Her Majesty to join on her sovereignty to these Islands of Samoa, also copies of other letters to His Excellency the Governor of New Zealand.

I wish, therefore, to make clear to you the reason which caused me to accept the treaty which was made last month between my Government and the Government of Germany. It was on account of my fear that if I did not accept that treaty then our islands would be violently seized by the Government of Germany.

Therefore, I and my Government accepted that treaty against our will. There was also another thing, which was not right, done by the German consul. He refused to give us a copy of that treaty, that we might first examine it and fully consider all the articles contained in that treaty; there was no proper deliberation held on that treaty; it was obtained, indeed, compulsorily from our Government.

Sir, the painful anxiety of myself and my Government is great lest the German consul should want to hinder us by means of threatenings, which have come to us in regard to our petition to the Queen of England, and cause difficulties to arise between ns and the Government of Germany. Therefore, I respectfully beseech you to aid us and clearly explain to the Government of the United States all the things which have been done in Samoa by the Government of Germany; also the ground of our fear, and entreat the Government of the United States not to agree with the Government of Germany in this matter, and not regard that treaty to our detriment.

I respectfully thank you for your letter together with the letter of the English consul to the German consul concerning the report of Leiatana.

I have rejoiced greatly in this matter.

I likewise respectfully thank you for your kind treatment of myself and my Government in days gone by, on even to the present day.

Since you were appointed to Samoa there has been from you no unkind word.

May you live, sir. I am,

MALIETOA,
The King, your friend.

T. Canisius, Esq.,
United States Consul, Apia.

[Inclosure D 5.—Translation.]

samoan annexation act.

The title of this act shall be “An annexation of the Samoan Group, known as the Navigator’s Group.”

(1) That the Samoan Parliament, in Parliament assembled and by the advice and consent of King Malietoa and his advisers, annexes the Samoan Group to the colonies of New Zealand for the better government of the Samoan people and the foreign inhabitants of the same.

(2) That a deputation be appointed by the King and his advisers to go to New Zealand and confer with the Government of that colony, and to have full power to sign and seal ail necessary documents and papers to give effect to the annexation of these islands to that colony, and to have the powers of the King and Samoan Parliament for that purpose.

(3) That all the rights and liberties of British subjects be granted to the Samoan people, as the same is granted to the aboriginals of New Zealand, such as has been granted to them by the treaty of Waitangi.

(4) That Sir George Grey, K. C. B., being the originator of the Pacific Islands and annexation bill of 1883, which was passed by the New Zealand Parliament, and John Lundon, who first introduced annexation to the Samoan Government in the Samoan Parliament in June, 1883, be agents to act with and advise the deputation and the New Zealand Government with the view of giving effect to this bill, and for advising and framing rules for the better government of the Samoan people and islands, and have the same powers as the deputation of the Samoan delegates has.

(5) That all the preliminary expenses to be paid out of an authorized^* expenditure, pending a vote of the New Zealand Parliament, for the purpose of giving immediate effect of the annexation of these our islands to New Zealand, as the Samoan Government has no funds or revenue of its own.

(6) That this bill shall take effect from the date of King Malietoa’s signature and seal, and give effect to the annexation of the Samoan Islands, in accordance with the annexation bill passed in 1883, by the New Zealand Parliament, or to any bill that may be necessary to pass by the New Zealand Parliament to give effect to this bill and annexation, and for the better government of the Samoan Islands and of the Samoan people.

Signed and sealed in the presence of my advisers this ninth (9th) day of February, 1885.

• SELU,
  Secretary and Cleric to the Upper and Lower Houses of Parliament
• LANATI (his x mark),
  Speaker of the Samoan Parliament.
• MALIETOA,
  King of Samoa.

[Inclosure E 1.—Translation.]

Let all the people of Samoa observe during the long period that Malietoa has been King the Government of Germany has been treated with unkindness and injury and all agreements that have been made between the Governments of Germany and Samoa have been repeatedly violated. For that reason I must now make arrangements necessary for the protection of the subjects of my Government and their possessions. This is my view of that which is necessary to be done: that I should take possession of the lands of the village and district of Apia, in which are included Mulinuu and the harbor of Apia, to hold possession under the supreme control (that was under the Government of Malietoa) for the Government of Germany. This is the sign of this—I have hoisted the flag of His Imperial German Majesty in Mulinuu. This is the meaning of it (the hoisting of the flag), that only the Government of Germany will rule for the present over that portion of territory.

Samoans! I tell you now plainly that it is only the territory that is called the Municipality that is taken possession of, but no other portion of land in Samoa is taken possession of.

It is good, too, that you should be well acquainted with the reason of that which is done. It is no unkindness at all to Samoa. The German Government only wish for Samoa to have a strong Government that shall maintain cordial relations with the Government of Germany. When a peaceful solution of these difficulties is effected, the lands now taken possession of will be given up again.

I beseech you to be at peace and to have confidence in the Government of Germany and myself; then Samoa will indeed be prosperous.

I am,

Dr. STUEBEL,
Imperial German Consul.

Apia, January 23, 1885.

[Inclosure E 2.]

Apia, January 23, 1885.

To His Majesty King Malietoa:

On the 6th of November of last year your Highness and your Government appeared before the German consulate to humble themselves.

You acknowledged thereby that you had for a long time disregarded German treaty rights.

Already, on the 4th of November, your Highness wrote to me that the prisoners who in February, last year, escaped, in consequence of the order of your Government, out of the German prison would be brought back. Subsequently I made an agreement with your Highness’ Government. I supposed that difficulties which arose formerly would be removed thereby. Your Highness’ Government, however, renewed the old inimical attitude towards Germany. Not all the prisoners were brought back, and those who were escaped again soon after, and your Highness’ Government did not think of taking the trouble to return the prisoners. In a letter which your Highness wrote to me on the 20th of November you say that it is generally known that Samoa was to be taken by force by the German Government.

Since then the followers of your Highness have not ceased to malign Germany.

Seumanu and Lauati have repeatedly, in meetings, designated Germany as a robber land, as a country of slavery, and as a country without religion. Under these circumstances it was impossible to fulfill the articles of the agreement of the 10th November.

Germany can no longer look upon this state of affairs with equanimity, and I, as representative of the Imperial German Government in Samoa, had to concert measures which were likely to secure the rights and interests of German subjects in Samoa.

For this purpose I shall, in the name of the Imperial German Government, and subject to the approval of the same, take possession, as security, of all the land which now constitutes all the municipality of Apia, as far as your Highness and your Government’s sovereign rights are concerned, and the Imperial Government will so long assume these sovereign rights until an understanding has been successfully arrived at with the Government of Samoa which will make German interests secure in Samoa, and will make difficulties such as heretofore have arisen impossible in future.

As a public manifestation of this taking possession, there will be landed in Mulinuu, this morning at 9 o’clock, a detachment of Imperial officers and seamen, and the Imperial nag will be hoisted there.

At the same time I give your Highness the assurance that no hostile action towards Samoa is connected therewith. No one will be molested, and no house or property of Samoans will be injured. I expect, however, that the Samoans themselves will commit no hostile action. Only misfortune would be the result to your Highness and Samoa.

May it prosper with your Highness.

STUEBEL,
Imperial German Consul pro tempore.

[Inclosure E 3.—Translation.]

Mulinuu, November 20, 1884.

His Excellency the German Consul-General:

Sir: I have received your letter respecting the report which your excellency has heard, that I and the Government of Samoa have written to Her Majesty the Queen of Great Britain in order that Samoa may be joined to her Government.

To this I reply to your excellency that it is very true that we have thus written, and also that we will hold firmly to that desire. And I also inform your excellency that the report that Germany was about to seize our country was widely spread (general).

And another matter I complain to your excellency, that it was very wrong of Mr. Weber to threaten some of the chiefs of the Government in order that our petition to the Queen of Great Britain should be withdrawn—Morris also came—for that purpose, and that if a letter was not sent (to that effect) then would come great trouble to our government.

I beg your excellency to forbid Mr. Weber, so that he shall desist from again doing anything of the kind. May you live.

I am,

MALIETOA,
King of Samoa.

Note.—Mr. Weber is the manager of the German company and the German consul’s chief adviser. Morris is Mr. Weber’s messenger.

[Inclosure E 4.]

german.	english.
Apia, den 7. Oktober 1884.	Apia, October 7, 1884.
An Köniq Malietoa:	To King Malietoa:
Hoheit: Im vergangenem Jahre habe ich mit deiner Hoheit eine Verabredung getroffen, wonach die Gefangenen aus deutsch-samoanischen Strafsachen ihre Strafzeit in dem deutschen Gefängniss auf dem Lande des Herrn Weber abbüs-sen sollen.	Your Highness: In the last year an agreement was made between Your Highness and myself, to the effect that in Ger-man-Samoan trials the persons condemned should serve out their time of imprisonment in the German prison on the land of Mr. Weber.
Die Samoa Regierung hatte damals kein Gefängniss. Da alle Gefangenen wegen Diebstahls auf den deutschen Pflanzungen verurtheilt waren, so war esbillig, dass der EigenthUmer der Pflanzungen fur die gestohlene Sachen durch die Arbeit der Gefangenen entsehadigt wurde. Die Aufsicht iiber die Gefangenen stand der samoaniscben Regierung und dem deutscben Konsul gemeinsam zu.	At that time the Samoan Government had no prison. As all prisoners were condemned for thefts committed on German plantations, it was thought just and reasonable tbat the owners of those plantations sbould get some amerds for their stolen property by the work of the prisoners. The control over the prisoners was especially reserved to the Samoan Government, in conjunction with the German consul.
Zu Anfang des Jabres war es abermals nöthig geworden, mehr als zwanzig Samoaner wegen Diebstahls auf den deutschen Pflanzungen zu Gefängnissstrafe zu verurtheilen. Das Urtheil war gemeinsam durcb den deutscben V. Konsul und den Samoa Richter gefallt worden. Es war dabei ausdrücklich ausgesprocben worden, dass die Strafe auf dem Lande des Herrn Weber in dem deutscben Gefanemiss absrebüsst werden solle.	At the beginning of the year it became again necessary to put in prison more tban twenty Samoans, for thefts committed on German plantations. In the judgment given by the German vice-consul and the Samoan judge, sitting together, there was especially provided tbat the punishment of the said prisoners should be served out in the prison on the land of Mr. Weber.
Bald darauf ist von der Samoa-Regie-rung ein Gefängniss erricbtet worden und der König bat in einen Brief an den deutscben Vize-Konsul gesehrieben, worin er demselben mittheilt, dass er der Ansicbt sei, die Gefangenen seien aus dem deutscben Gefängniss nacb dem neuen Gefängniss in Mulinuu zu bringen. Dieser Brief ist vom 9. Februar datirt. Der deutscbe Vize-Konsul bat ibn erst am 11. Februar erhalten, am Morgen dieses Tages aber sind bereits die sämmtliehen Gefangenen aus dem deutscben Gefängniss entiloben. Der deutscbe Vize-Konsul scbrieb nocb an demselben Tage an den König, dass wenn die Regierung eine Aenderung in der Unterbringung der Gefangenen wün-scbe, er bereit sei, mit derselben dariiber zu verbandeln; die entflobenen Gefangenen müssten sogleicb zurückgebracbt werden.	Shortly afterwards a prison had been erected by the Samoan Government, in Mulinuu, and the King wrote a letter to the German vice-consul, in which he expressed an opinion that the prisoners should be brought over from the German prison into the new prison in Mulinuu. This letter is dated the 9th of February. The German vice-consul has, however, received the same only on the 11th ejusd., and on the morning of this very day all prisoners had escaped out of the German prison. The German vice-consul wrote on the same day to the King tbat if the Government should wish for an alteration in the keeping of the prisoners he would be quite willing to discuss about that matter with the former, but the escaped prisoners should be brought back at once.
Darauf hatte am 12. Februar eine Zusammenkunft des Königs, Lauatis Leo-ta’s und Leiataua’s mit dem deutscben Vize-Konsul stattgefunden, in welcber der deutscbe Vize-Konsul dasselbe Verlangen gestellt bat. Trotzdem scbreibt der Konig an den deutscben Vize-Konsul unter den 18. Februar, dass die Gefangenen ch Mulinuu gebracht und dort in das Gefängniss gesetzt worden seien, um ibre Strafe abzubüssen.	Thereupon, a meeting of the King, Laauti Leota, and Leiataua with the German vice-consul took place on the 12th of February, 1884, in which the latter made the same demand. In spite of that the King wrote, on the 18th of February, to the German vice-consul that the prisoners had been brought to Mulinuu and put in the prison there, in order to serve out their punishment.
Der deutscbe Vize-Konsul bat diesen Brief am 22. Februar beantwortet und dem Konige gesehrieben, dass er gegen die Massregel protestire, dieselbe sei gegen die Verbandlung vom 12. Februar, gegen die Uebereinkunffe zwiscben dem König und dem deutscben Konsul, gegen die Gerichtsentscheidungen, welcbe klar und deutlicb anordnen, dass die Scbuldigen ibre Strafe in dem deutscben Gefängniss abzubüssen baben und gegen den Freundschaftsvertrag zwiscben Deutscbland und Samoa.	The German vice-consul, on the 23d of February, sent an answer to the King to say that he protested against this procedure, the same being in contradiction with what had been stated at the meeting o the 12th of February; further, against afn agreement entered into between the King and the German consul, against the sent ences of the court (which most clearly and plainly provide that the prisoners should serve their punishment in the German prison), and, finally, against the treaty of friendship between Germany and Samoa.
Dasselbe sagt der deutscbe Vize-Konsul Molioo Lauati Tuliau und Leiataua Taua in einer Zusammenkunft am 23. Februar. Er sagt ibnen die Gefangenen müssen bedingungslos zurückgebracbt werden, und dann wird berathen werden konnen, was in Zukunft geschehen soil, wie es Artikel VII des Vertrages anordnefc.	The German vice-consul told the same to Molioo, Lauati, Tuliau and Leiataua Taua, in a meeting on the 23d of February. He told those chiefs the prisoners should unconditionally be brought back, and that then afterwards the question might be discussed as to what should be done in the future, as is provided in Article VII of the treaty.
Er sagt ihnen, dass sie den in Artikel II des Vertrags zugesagten Schutz fiir die Person und das Eigenthum der in Samoa lebenden Deutschen nicht zu gewahren im Stande seien, wie der Fall des Lasei zeige, welcher wegen Mordes eines Arbei-ters auf einer deutschen Pflanzung zum Tode verurtheilt, dann zu 10 Jahren Gefängniss begnadigt worden sei und doch frei herumgehe.	He told them that they have not been able to grant the protection guaranteed by Article II of the said treaty to the persons and the property of Germans living in Samoa; that this had been proved in the case of Lasei, who, although condemned to death for murdering a laborer on a German plantation, had afterwards been pardoned to ten years of imprisonment, but was still allowed to walk freely about.
Trotzdem schreibt der König an den Vize-Konsul am 25. Februar, dass die Gefangenen nicht zurlickgebracht werden.	Notwithstanding all this, the King writes to the German vice-consul, on the 25th of February, that the prisoners would not be brought back.
Wieder schreibt der Vize-Konsul an den Konig am 27. Februar, dass damit der Ver-trag verletzt werde und dass er die Regierung dafür verantwortlich halt en werde	Once more the German vice-consul writes to the King, on the 27th of Fehruary, that this would involve a violation of the treaty, and that he would hold the Government responsible for the same.
Dann kommt es auf den Wunsch des Konigs am 18. März zu einer Zusammen-kunft des Konigs und einer Deputation der Taimua und Faipule, bestehend aus Molioo, Asiata, Lauati, Mauala und Matt oo mit dem deutschen Vize-Konsul.	Thereupon, at the desire of the King, a meeting takes place, on the 18th of March, between the king and a deputation of the Taimua and Faipule, consisting of Malioo, Asiati, Lauati, and Manoo on one part, and the German vice-consul on the other part.
Darin bitten die genannten Taimua und Faipule wegen ihres Benehmens und Vor-gehens in der Gefangenen-Angelegenheit um Verzeihung, sie sähen ein, dass sie Unrecht gethan, sie dächten nicht daran, sich gegen Deutschland und den Vertrag aufzulehnen, sie kämen um sich mit dem Vize-Konsul zu vertragen. Der deutsche Vize-Konsul antwortet ihnen, dass Verzeihung moglich sei, wenn sie die Gefangenen in das deutsche Gefängniss zurückbrächten, oder $50 für jeden zahlten, zusammen $1,200, über deren Verwendung der deutsche Konsul, bezw. die deutsche Regierung und der Konig Malietoa zu be-stimmen haben würden und wenn sie ein schriftliches Abkommen mit der deutschen Regierung träfen in Gemässheit von Art. VII des Vertrags, wodurch derartige Konflikte in Zukunft unmöglich gemacht würden.	The aforesaid Taimua and Faipule then and there begged to be forgiven for the way in which they had acted and proceeded in the matter of the prisoners in question. They stated, at the same time, that they now saw that they were in the wrong; they had no intention to act against Germany and the treaty; they had come to make friends again with the vice-consul. The German vice-consul replied that they would be pardoned if they either brought back the prisoners to the German prison or paid $50 for each prisoner, totally, $1,200, the application of which money to be left to the decision of the German consul rerp the German Government, in concert with the King Malietoa; and if they further would agree, that a written convention should be made with the German Government, in accordance with Art. VII of the treaty, by which in future similar conflicts would be avoided.
Wieder kommt es auf den Wunsch des Konigs am 25. März zu einer Zusammen-kunft des deutschen Vize-Konsuls mit einer Deputation der Taimua und Faipule.	Again, at the desire of the King, a meeting takes place, on the 25th of March, between the German vice-consul and a deputation of the Taimua and Faipule. The latter declare their willingness to bring back the prisoners, but refuse to enter into a new agreement, in accordance with Art. VII of the German-Samoan treaty; they further decline to deliver up two Samoans, condemned the day before for theft, but that the same should be kept in the prison of Mulinuu. The German vice-consul told them that the agreement made between the German consul and Malietoa, regarding the keeping of the prisoners in the German prison, remained still in force, and would be so as long as a new agreement bad not been entered into, and tbat if they made, arbitrarily, one-sided alterations, they rendered themselves guilty of new contempts and violations of the treaty. The German vice-consul thereupon writes the same to the King, on the 31st of March. But when I returned from my voyage, on the 22d of May, the prisoners had not yet been brought back, and the Government bad done nothing to repair the wrong they had done.
Dieselben erklären, sie wollen die Gefangenen zurückbringen, sie wollen aber keine Vereinbarung in Ausfuhrung des Art. VII des deutsch-samoanischen Vertrags treffen, auch wollen sie zwei am Tage zuvor wegen Diebstahls verurtheilten Samoaner nicht ausliefern, sondern in dem Gefängniss in Mulinuu behalten. Der deutsche Vize Konsul sagt ihnen, dass das Abkommen zwischen dem deutschen Konsul und Malietoa die Unterbringung der Gefangenen in dem deutschen Gefängniss so lange gültig ist, als em anderes Ueberoinkoinmen nicht geschlossen und dass, wenn sie dem entgegen eigeninächtige Bestimmungen träfen, sie sich einer neuen Missaclitung und Verletzung des Vertrages schuldig machten. Darauf sehreibt der deutscbe Vize-Kontul dasselbe in einem Briefe an den Konig vom 31. März. Die Gefangeuen waren aber nicht züruckgebracbt worden und die Regierung batte keine Anstalten getroffen, das gescbehene Unrecbt wieder gut zu macben, als icb am 22. Mai von meiner Reise zuriickkehrte.
Seitdem sind mebr als 4 Monate vergangen. Ich babe keine Gelegenbeit vorübergeben lassen deiner Hobeit und den Taimua und Faipule zu sagen, dass die Sacbe sehr ernst sei. Die Samoa-Regierung bat nichts getban.	Since then more than four months have passed. I have not missed any opportunity to tell your highness and the Taimua and Faipule that this matter was a very serious one. The Samoan Government have done nothing whatever.
Die 24 Gefangenen sind nicht in das deutscbe Gefängniss zurückgebracbt worden. An den Samoanern Samau aus Fagalii und Failava aus Fuaiupolu, welcbe am 24. März zu je 2 Monaten Gefängniss verurtheilt worden sind, bat die Strafe nicbt vollstreckt werden können.	The 24 prisoners in question have not been brought back into the German prison. As for the Samoans, Samau, from Fagalii, and Failava, from Fuaiupolu, each of whom has been sentenced, on the 24th of March, to two months’ imprisonment, the sentence thus passed upon the same has not been carried out.
Der Diebstabl des Samoaners Oifo aus Vailele auf der Vailele Pflanzung auf welcben sicb das Schreiben des Vize-Kon-suls an deine Hobeit vom 7. Mai bezog und viele andern Diebstable auf der Vai-lele-Pflanzung aucb die in dem Hause des deutscben F. Gabriel in Salesatele von Samoanern begangenen Diebstable baben nicbt untersucbt werden konnen. Die Gefängnissstrafe zu welcben der Samoa-ner Talai aus Samatan am 14. August wegen Bedrobung des Lebens von Arbeitern auf der Pflanzung in Fatuosofia verurtheilt worden ist, kann nicbt vollstreckt werden.	For the theft of the Samoan Oifo from Vailele, on the Vailele plantation, a matter referred to in the letter of the vice-consul to your highness, of the 7th of May, and many thefts more committed on the Vailele plantation, including the theft committed by Samoans in the house of the German subject, F. Gabriel, in Salesatele, it has been impossible to get redress; they have not even been inquired into. The sentence of imprisonment, pronounced on the 14th of August, for threatening the life of laborers on the German plantation in Fatuosofia against the Samoan Talai, from Samatau, could not be executed.
Nach Artikel II des Vertrages zwiscben der deutscben und der samoaniscben Regierung vom 24. Januar 1879 soll den Deutscben in Samoa der vollständigste und immerwäbrende Scbutz ibrer Person und ibres Eigentbums zu TheiL werden. Die Samoa Regierung weiss sebr wobl, dass sie allein nicbt die Macbt bat die hierfür nothigen Einricbtungen zu treffen. Aus diesem Grunde ist in Art. VII ausdrüeklich bestimmt, dass die Feststel-lung einer Gericbtsbarkeit und des Verfahrens in Bezug auf Vergeben und Verbrecben der Angebörigen des einen vertragenden Theils gegen die des anderen einer besonderen Vereinbarung zwiscben den beiderseitigen Regierungen vorbebalten sei, einschliesslich der notbigen Bestimnrangen über die Ausführung der Be-strafung der als scbuldig überwiesenen Personen und dass inzwischen, bis die beiderseitigen Regierungen solcbe Vereinbarung getroffen baben, alle zwischen Deutscben und Samoanern in Samoa ent-stebenden Streitigkeiten in bisber ge-brauchlieher Weise von dem deutscben Konsul oder dessen Stellvertreter in Gemeinschaft mit einem Beamten der Samoa Regierung entschieden werden sollen. Die neuerliche Unterbringung der Gefangenen in dem deutschen Gefängniss ist von mir ausdrücklich mit deiner Hoheit vereinbart worden. Die von dem deutschen Vize Konsul und dem Samoa Richter gefällten Urtheile lauten ausdriicklich auf Gefängnissstrafe, die in dem deutschen Gefängniss abzubüssemist.	According to Article II of the treaty between the German and Samoan Government, dated 24th of January, 1879, the most perfect and perpetual protection of the persons and the property of the Germans is provided for. The Samoan Government are well aware that they alone are not in a position to make the necessary provisions for the same. It has therefore been especially provided, in Article VII, that the establishment of a proper jurisdiction of the mode of procedure regarding crimes and offenses committed by the subjects of the one contracting power against those of the other should be reserved to a special agreement between the two Governments, including the necessary regulations with regard to the execution of the punishment of those persons who have been convicted, and that meanwhile, and until the two Governments had thus agreed, all disputes arising between Germans and Samoans should be decided in the manner hitherto customary, by the German consul or his substitute, in conjunction with an officer of the Samoan Government. The new mode of keeping prisoners in the German prison is based on a special agreement entered into between your highness and myself. The judgments rendered by the German vice-consul, in conjunction with the Samoan judge, especially provide that the punishment of imprisonment should be served out in the German prison.
Aus allem dem geht klar und deathch hervor, dass die Samoa-Regierung kein Recht hatte, ohne die Einwilligung des deutschen Konsuls zu beschliessen, dass die Gefangenen aus dem deutschen Gefängniss nach dem Gefängniss in Mulinuu gebracht wurden. Indem die Samoa-Regierung diesen Beschluss ausgefuhrt hat, hat sie die Bestimmungen in Art. II und VII des Vertrages und eine Abmachung verletzt, welche ich mit deiner Hoheit ge-schlossen habe. Sie tragt Schuld daran, dass an den Gefangenen, welche wegen Diebstahls an deutschem Eigenthum verurtheilt waren, nicht die voile Strafe hat vollstreckt werden können.	From all I have stated before, it is clear and evident that the Samoan Government had no right to decide, without the consent of the German consul, that the prisoners should be brought over from the German prison to that in Mulinuu. In carrying out this decision the Samoan Government have violated the provisions of Articles II and VII of the treaty and the agreement which your highness has concluded with me. It is the fault of the Government, and they are responsible for it, that the punishment which has been awarded to those prisoners who were condemned for thefts on German property, has not fully been executed.
Ob die Gefangenen in Mulmuu in ein Gefängniss gebracht, und wie lange dieselben dort festgehalten worden sind, ist ohne Bedeutung. Ich weiss nichts davon, die Gefangenen haben ihre Strafe nur bis zum 11. Februar abgebüsst, sie haben den Rest derselben noch abzu-büssen.	It is of no consequence whether the prisoners have been put in the prison in Mulinuu and kept there. I do not know anything about it. The prisoners in question have suffered their punishment only till the 11th of February; they have still to serve out the rest of their punishment.
Ich habe deiner Hoheit den Gang der Verhandlungen in das Gedachtniss zu-ruckgerufen, welche in der Sache zwischen dem deutschen Vize-Konsul und der Samoa Regierung gefiihrt worden sind. Dieselben zeigen die unzweifelhafte Ab-sicht der Samoa Regierung, sich den Pflichten welche der Vertrag ihr auferlegt, zu entziehen und zu der deutschen Regierung in Opposition zu treten.	I have recalled in your highness memory the details and the course of the discussions which have taken place between the German vice-consul and the Samoan Government. They show a clear and indisputable intention on the part of the Samoan Government to shake off their duties incumbing upon them by the treaty and to enter into direct opposition to the German Government.
Aus den Erklärungen, welche die Taimua und Faipule in den Zusammenkünf-ten mit dem deutschen Vize-Konsul am 18. und 25. März abgegeben haben, geht weiter hervor, dass die Samoa-Regierung versucht hat, bei der Verhandlung ernster Geschäfte mit dem Vertreter der deutschen Regierung mit lügenhaften samoanischen Intriguen zu operiren.	It results from the declarations that have been made by the Taimua and Faipule, in the course of the meetings with the German vice-consul on the 15th and 25th of March, that the Samoan Government have tried to operate with false Samoan intrigues, when transacting with the representative of the German Government matters of the greatest importance.
Ich will annehmen, dass die Samoa-Regierung nicht gewusst hat, dass ein sol-ches Verhalten geeignet ist, die deutsche Regierung zu beleidigen.	I am ready to accept that the Samoan Government were not aware that such a behavior is liable to insult the German Government.
Indem die Samoa-Regierung durch ihr Verhalten es unmöglich gemacht hat, dass seit nunmehr 8 Monaten diejenigen Samoaner bestraft werden, welche sich an deutschem Eigenthum und gegen Deutsche und deren Schutzgenossen vergangen haben, hat sie sich einer fortwährenden Verletzung der Bestimmungen in Art. II des Vertrages schuldig gemacht.	The Samoan Government having rendered impossible for the last 8 months to punish those Samoans who have offended Germans and their protegés as well as German property, have rendered themselves thereby guilty of continual violations of the regulations contained in Article II of the treaty.
Das, was geschehen ist, hat die Nothwendigkeit bewiesen, dass ohne weiteren Verzug oin Uebereinkommen getroffen wird, wie es in Art. VII des Vertrags vorgesehen ist.	By all what has happened the necessity has been proved to enter without delay into an agreement as is provided for in Art. VII.
Indem die Samoa Regierung sicb beharrlich weigert, ein solches Uebereinkommen zu treffon, macbt sicb dieselbe einer fortdauernden Verletzung der Bestimmungen in Art. II und VII des Vertrags schiildig, Es leucbtet ein, dass dieser Zustand nicbt langer andauern kann, wenn nicbt das Leben und Eigentbum der Deutscben in Samoa auf das Aergste gefahrdet werden soil. Die Samoa Regierung sollte sicb selbst sagen, dass die deutscbe Regierung nicbt rubig zusehen wird, wie die Samoa Regierung fortdau-ernd die ibr aus dem Vertrage zukommenden Rechte verletzt. Ich scbreibe daber beute an deine Hobeit in der Erwartung, nunmebr obne Verzug eine Aeusserung der Samoa Regierung zu erhalten, was sie in der Sacbe zu tbun gedenkt.	By constantly refusing to enter into such an agreement the Samoan Government are guilty of a continual violation of the regulations contained in Art. II and VII of the treaty. It is evident that this state of affairs cannot last long time, unless the life and the property of the Germans in Samoa being seriously endangered. The Samoan Go vernment ought to be aware that the German Government will not permit that the Samoan Government are going on violating the rights acquired to Germany by the treaty. I therefore write to-day to your highness and expect that I shall get without delay an intimation from the Samoan Government as to what they intend to do in this matter.
Mogest Du leben!	May you live!
Der kaiserlicbe Konsulatsverweser,	The Imperial German consul, pro tempore.
Dr. STUEBEL.	Dr. STUEBEL.

[Inclosure E 5.—Translation.]

king malietoa’s petition to admiral knorr.

Apia, April 10, 1886.

During the whole time in which the Imperial German consul, Captain Zembsch, continued here, beginning with his first arrival in Samoa onwards to the time of his return to Germany, everything done by that good gentleman was exceedingly beneficial, for he did not deviate in any direction, but proceeded directly in the path of the article in the treaty of mutual good-will between the Governments of Germany and Samoa as is done by the gentlemen appointed by England and America who act entirely in accordance with all the articles of the treaties of mutual good-will made with the Governments, respectively, of England and America, by means of which peace has continued between us and those two Governments.

No disrespectful actions whatever have been done by the gentlemen of those two Governments, or anything calculated to pervert the meaning of any article in the treaties of mutual good-will with those two Governments which should lead us to show disrespect on the one hand or special regard on the other to any other Government In most of the matters likewise which have special reference to criminals, they are given over to any Government by those two Governments, and in matters relating to the territory and community of Apia we would be no hindrance to them.

It was thus that Captain Zembsch acted. Far was it from him to pervert an; statement of the treaty between Germany and Samoa or seek any occasion to bring about the necessity of an apology from the King and from our Government to the Emperor of Germany and his Government. But not only that, trials during those times were properly conducted. All arrangements were carried out with impartiality and without any desire to obey misleading statements when these were made for bee efit of trade.

Your excellency, the representative of the Government of Germany, permit us to call your attention to the fact that many Samoans are now mourning over the deprivation of their lands on which they formerly dwelt, on account of the unjust purchase of them by some in the German firm now under the control of Mr. Weber. Captain Zemhsch wished to have a thorough and just investigation of these lands out of re gard for those who had been defrauded of their land by those who had no true authority over them, and others who had moved their boundaries so as to inclose land not purchased by them, and in consequence some have now no land on which to plant food to eat. We know well that Captain Zembsch tried to have these matters investigate with justice, and some few lands were returned to Samoans; but this capable and just man seems so to have excited envy so as to lead to his speedy removal from Samoa. The sentiment which he was so earnest to have carried out was “peace for Samoa” and the continued progress of our Government, and he is known as “Zembsch, the gentleman who acted Justly,” and it has now become a proverb with us to say, “If Captain Zembsch had not left us no difficulties would have arisen in Samoa.”

Another thing we wish to make known to you: In the year 1880, in the month of September, Captain Zembsch presented to us for confirmation by Malietoa Talavon (since dead) the treaty of mutual good-will between Germany and Samoa, on the 24th of January, 1879. It was at first exceedingly difficult for the King and Government to bring themselves to accept it, for there were articles in that treaty not agreeable to us, and we feared lest trouble should arise thereby in the future. But not only that, we were fearful lest it should involve by us a violation of the treaties between England and America and Samoa. We therefore well considered the matter with Captain Zembsch, and he replied to us in his speech that “we need not trouble thereby; Germany will do nothing without first carefully investigating the matter, and the two Governments being united in their actions;” and not only that, Captain Zembsch spoke to the governor of Fiji, Sir Arthur Gordon, to make known his opinion on the matter to Malietoa and his Government. A letter was therefore brought from Sir Arthur Gordon to Malietoa (now dead) written in September, 1880, in which he exhorted us as follows:

“You need be under no anxiety. No trouble will arise to you if you continue steadfast to the meaning of the words of that treaty,” &c. It was then that Malietoa was induced to sign the treaty between Germany and Samoa. It was carried out by Captain Zembsch with consideration and due respect. Probably, too, there was in him something of shame, for though it was a treaty between Germany and Samoa, yet some of its articles were first devised by Mr. Weber, having for their object the advantage of the large business under Mr. Weber’s control.

At that time Mr. Weber left for Germany and we had strong suspicions that the sole reason for his leaving was to bring about the removal of Captain Zembsch, and the accomplishing of his own purposes. Captain Zembsch left Samoa, leaving behind him the deepest regret for a gentleman so kind and upright in relations to our weak Government.

But now as to treaties between England, America, and Samoa, there has been no deviation from them, nor have they ever been used to the injury of our Government and our authority. At the beginning of 1833, Mr. Weber and Dr. Stuebel, imperial German consul, arrived. Dr. Stuebel began his trials on land questions. They had reference to Samoans who complained they had been deprived of their land as, e. g., the case of Tupua Tamasese in Vailele Faleata, who complained that a certain piece of land which he had sold to Mr. Weber, had, by the removal of the boundaries, been made to inclose a piece of land not sold to him. Might rather than right led to he conclusion of the trial arrived at, and the Samoan judge refused to concur in the decision. Many schemes were used by Mr. Weber to induce unfaithful witnesses to agree with his side, but they were chiefs who had nothing to do with the matter. Tamasese was exceedingly annoyed about it, which continued up to the day on which our Government became divided by means of Mr. Weber (A. D. 1885). But it was not confined to the land question concerning which Tamasese complained.

There was land in Toanma, Fagalele, and Vailele and in many other parts of Samoa, which can be explained to your excellency if you desire it.

Another matter originated with Dr. Stuebel and Mr. Weber, that men who had stolen from the plantations of Mr. Weber in Vailele and Fagalie should be confined in the prison of Mr. Weber. But at the time of Captain Zembsch if any man stole from plantations or any other place belonging to Germans, it was placed in the hands of the King and the Government to seize those men, which was quickly done by authority of the King. A trial would then be held in the German consulate and the prisoner placed in the municipal prison. We suppose that Mr. Weber did not agree with that arrangement, for near the close of the year 1883 Malietoa Laupepa was sent for by Mr. Weber and Dr. Stuebel. The King went to the house of Mr. Weber and found there also Dr. Stuebel and Mr. Coe. They two then gave their opinion to Malietoa. “Our opinion is that it would be well to deliver up prisoners who have stolen from German plantations to be kept in the prison of Mr. Weber, for, though it is called the prison of Mr. Weber, it shall be in reality the prison of the Government of Samoa.” Malietoa then replied: “Captain Zembsch did not act thus, but put prisoners in the municipal prison.” Mr. Weber and Dr. Stuebel then answered: “That makes no difference. Your prison at Mulinuu is not yet complete, so you can give them up for the present while the Samoan Government prison is being erected at Mulinuu.” The matter was then conceded, Malietoa remarking: “Very well; but when the prison at Mulinuu is complete then the prisoners must be placed therein.” Prisoners were then placed in the prison of Mr. Weber, Malietoa reluctantly consenting thereto; but yet he accepted it, supposing the words to be sincere because that the new prison at Maliunn is not complete, and that they should be placed there only for the present. Furthermore we supposed that it would still be proper to give over the prisoners to the Government of Samoa, to carry out the judicial (i. e., in the case of Samoa prisoners), as is done by the representatives of England and America. In the year 1884 Dr. Stuebel went on a voyage of about three months, and G. Von Oertzon, vice-consul, acted for him. He tried to make a new treaty between Germany and Samoa, acting according to the advice of Mr. Weber. Probably, also, it was under the authority of Dr. Stuebel. There were at that time certain prisoners in the prison of Mr. Weber, but they were not well cared for by him, and they made their escape. They were brought back again by Government policemen to the prison at Mulinuu, which was now complete. This was in accordance with the words of Dr. Stuebel and Mr. Weber already quoted in the letter. This we believe has been considered a wrong done to the Government of Germany, that we should put prisoners in the Samoan Government prison at Mulinuu. But at this very time the Tumua party, now in rebellion, were angry, and said: “We suppose Malietoa is selling these Samoans to Mr. Weber in order to get money thereby.” They were also offended at treaty between Germany and Samoa because many things in it were not agreeable to them, but it was very clearly explained to them by Selu, the secretary, that they, the Tumua, were wrong, for the articles of that treaty did not originate with Malietoa, and one of the chiefs of Malietoa urged most strongly in his speech, Fagutugutu by name, that prisoners should still be put in the prison of Mr. Weber. “But yet we were one and all sorely troubled, for we thought that the words henceforth were to have no meaning.” That a strong government should be establisned for Samoa we humbled ourselves to the vice consul, G. von Oertzen, and returned the prisoners to the prison of Mr. Weber, and Malietoa then wrote his opinion to the vice-consul that the prisoners should be placed in the prison at Mulinuu; but the vice-consul refused, and said it is well that they be returned to the prison of Mr. Weber as we had already done. They were placed in Mr. Weber’s prison, but remained there a very few days when they again made their escape.

At this time Malietoa was sent for by Mr. Weber, and he read to him a treaty which he had prepared, and containing the provisions on which his mind was set. Mr. Weber then said to Malietoa that if he would accept that treaty he would obtain a large pecuniary reward. Malietoa answered, “That is very difficult for me to do, but suffer me to go and make known the matter to my Government,” which was accordingly done. The result was to make us increasingly suspicious. Dr. Stuebel returned from his voyage in 1884. The Chiefs Seumanutafa and Tofaeono were then commanded by the King and Government to return the prisoners who had escaped. They were seized and taken by those chiefs to Dr. Stuebel, but he refused to receive them, saying “I cannot receive them. Take them away to Mulinuu.” About this time two men of Tifitifi, Aana, a Samoan and a Tahitian, were severely beaten, injured by a laborer of Mr. Weber’s at the Mulifanna. They were attacked with a knife and wounded. If they had not been strong to resist the attack, probably they would have been killed. The expectation of the King was that the trial would probably be held in a court-house of our Goverement in Aana or Mulinuu, or in the German consulate in Apia. Dr. Stuebel would not consent to this, so the trial was held at Mulifanna, in the business house of Mr. Weber. The conclusion of the trial was that the Samoan who had been badly wounded should pay $20, the Tahitian $10, and that $10 should be paid for court expenses, and that he should be put in the prison of Mr. Weber for six months with hard labor. The governor of Aana and the chiefs were greatly troubled about it, and in October, 1884, they wrote as follows: “Malietoa, we know well that we are in bondage to the great Governments,” the reference being alone to Dr. Stuebel and Mr. Weber. We truthfully and distinctly affirm our conviction that in all the different arrangements and trials carried on by Dr. Stuebel, beginning with his first arrival in Samoa, and onwards to the last trial held by him at Mulifanna in October, 1884:

(1) That our suspicions have been correct; that he was endeavoring to make our Government of no effect.

(2) That he was carrying out the purposes of Mr. Weber.

(3) That he has been continually seeking out means which would bring calamity upon us.

At this there arrived the two German ships of war the Marie and the Albatross, and the King and our Government went and humbled themselves and apologized to Dr. Stuebel, for they had been put into a state of great fear by the letters of the German vice-consul, G. von Oertzen, written in March, 1884. The messenger of Dr. Stuebel (Meisake) also went to Mulinuu and said, “Alas for our Government! Trouble is about to be brought to it by the ships of war if they do not accept that treaty.” But the answer to our humbling ourselves and our apology before Dr. Stuebel was that “There can be no reconciliation with you unless you accept that treaty.”

Then we deliberated for two days as to some means by which we might be delivered from the unfriendly attitude of Dr. Stuebel and Mr. Weber towards us, and it led to our petition of the 5th of November to Her Majesty the Queen of England. Dr. Stuebel continued to eagerly urge upon us to accept that treaty. We replied it would be a good thing to give us the treaty, that we might examine it and de iberate upon the meaning of its words, and the King wrote an earnest entreaty to Dr. Stuebel that he would give us the treaty for a day or for a few days, that we might examine it, so as to act with deliberation. This was written on the 10th of November, and an answer was brought from Dr. Stuebel on the same day, which said: “I am unwilling to give you a copy of that treaty, for I wish to consider it with the Government.” Meisake, interpreter of Dr. Stuebel, came with a copy of the treaty, but he would not show it to any member of the Government. A few questions were put to Meisake by Selu, the secretary, as follows: “Who would be the treasurer?” “Probably Mr. Weber.” “Would the Germans cease to carry out the instructions from the German Government respecting the making of contributions to the Government?” “Yes.” “Can the treaty be set aside?” “I know nothing about that.” “How about serious criminal offenses?” “They will not be affected by that treaty.” We could not by any means obtain light on the stipulations of the treaty, but word was brought from Dr. Stuebel that we would get sight of it on the evening of that day. Meisake also remarked: “If the Government delayed in the matter they would probably soon find trouble brought upon them from the ships of war.” There was no other word used among us but the arrogance (or haughtiness) of Dr. Stuebel, and that it would be well for these troubles to be brought upon us, but for us not to accept that treaty. Then the King and Vice-King and Sinafoa—ruler (now in rebellion)—went with the decision not to accept that treaty. But while on their way the King and the Vice-King, in consequence of their fear, suddenly decided they would accept it. They reached the German consulate, but when Sinafoa (now in rebellion) heard the speech of Malietoa to the effect that they would accept that treaty, he was angered and departed in indignation, saying, “Better fight with Germany than that.” That same week a reconciliation was effected between the captains of the ships of war, consuls, the King, and Government, and the Marie took its departure. Dr. Stuebel and Mr. Weber then heard the report that a petition had been sent to Her Majesty the Queen. Malietoa was sent for by Mr. Weber. Malietoa went. Mr. Weber said: “Come, put your name to this letter to be sent to England recalling your petition, for I am now thinking of giving over Mulinuu to you.” But Malietoa refused to write his name to the letter. At this time Mr. Weber was endeavoring to influence certain chiefs and rulers of the Tuamaraga to appoint another Malietoa and to drive away Malietoa Laupepa. He tried this with Fagutugutu and other chiefs. So also Dr. Stuebel. He sent for Leiatana Samoan and asked him “if it were not possible to substitute for Malietoa some one else.” Seamanutafa and the English consul. Churchward, are witnesses to the truthfulness of the statement of Leiatana, made on oath. Dr. Stuebel and Mr. Weber knew well that no other Malietoa acceptable to us was possible. Then they both turned their attention to the Tamua party and Tamasese. For many nights their deliberations were continued in the house of Mr. Weber, the meaning of these meetings being the breaking up of our Government. Their purpose was accomplished in consequence of the Tamua party being led astray by Dr. Stuebel, Weber, and of their unfriendly actions towards Samoa. We know our Government was divided in consequence of the advice of Dr. Stuebel, Mr. Weber being agreeably to the will of the Tamua party. On the evening of January 22, 1885, another meeting was held between the Tamua and Dr. Stuebel and Mr. Weber on board the German ship Albatross. The meeting continued till nearly daylight of the day on which the German flag was raised at Mulinuu. On the 23d of January the flag was first raised at Mulinuu. On that day Tamasese and Ani Anani (now in rebellion) were first at Mulinuu, but were soon followed by officers and forces of the German ship of war, together with a large number of laborers belonging to Mr. Weber, all armed with different weapons. They then raised the flag and built the fort. An armed force was continually there. They broke into the house of the King, threw about at random the things contained in it, in the presence of the King. We were astonished at it. It was as if it were done by some barbarous people (dark people). On a certain day Selu, the secretary, explained everything to the Tamua, showed to them their wrong and their want of affection for Samoa, the more so in that they had been foremost with their groans and sighs on account of the unjust conduct of Dr. Stuebel and Mr. Weber, whom now they rejoiced to obey. Then Manono, ruler of Samatau (rebel), the same man who said to Malietoa, “It is plain that we are to be the slaves of Germany,” said to Selu, “It is true what you say; a person belonging to my town was consigned at Mr. Weber’s prison for six months with hard labor and was. fined; $ 100 of this was paid, but of the other $50 Mr. Weber said to me that it should be remitted.” That was the trial held by Fatuosofia of the Mulifanua, August, 1884. Talae was the name of the man of Samatau pardoned by Mr. Weber. In the evening of the 27th of January another meeting was held in the house of Mr. Weber; present, Dr. Stuebel, Mr. Weber, Tamasese, &c. The meeting continued till nearly daylight. The decision was that the Tamua party should go to Leulumoega and set up their government there, and that Tamasese should be their King. That was the counsel given by Dr. Stuebel and Mr. Weber, and it was added for a very few days would they continue at Aana. When their flag should be raised and Tamasese anointed king, then the two would devise some scheme to bring the Tamua and Tamasese to Mulinuu to establish their government and to drive away Malietoa and his government. All these statements were confirmed by Sinea, the wife of Tamasese (since dead). She told them to Lanafi, Pau, Selu. She went weeping to those chiefs and explained all the words given above and many other similar statements. “Alas,” she said, “for you and Malietoa. Dr. Stuebel and Mr. Weber told the Tamua party and Tomasese at the meeting last night to depart quickly to-day to Aana (Leulumoega), and set up their government, which will be brought to pass to-morrow. Then a force will be landed to drive away Malietoa and his government. If there should be any difficulty in getting them away, then trouble would come to Malietoa, &c. The statement was also confirmed by Manoo (ruler of Samatau, now a rebel); he told it to Leiatana, and the statements were also confirmed by other men. On the 28th January there came one of the officers of the ship of war and we strongly suspected that the report we had heard was about to be verified in action. The officer came in front of the house of Malietoa, took his stand there, and called out three times, “Malietoa,” and beckoned with his hand three times. We then prepared to leave, but a message was first sent from Malietoa to Dr. Stuebel to inquire if this was his decision. He replied, “No;” the opinion of Malietoa was wrong. That officer had no thought of driving them from Mulinuu. On the same day the Tamua party and Tamasese left Mulinuu and went to Leulumoega; they raised their flag and appointed Tamasese as their king. Mr. Weber went to the Mulifanua to his house there. The chiefs went there to him and carried on their deliberations and made their decision. Mr. Weber rested not. He went often subsequently to the Mulifanua and exhorted the rebellious party to be courageous. A number of men gathered together called a military force and continued so to this day. The house of Mr. Weber in Apia is used even to the present time for their meetings. Another house of Mr. Weber has been erected at Leulumoega, and the report is generally circulated that guns are still being sent there to be sold. Had it not been for Mr. Weber and Dr. Stuebel our islands would now have been at peace. They have been continually exhorting the party in rebellion not to be discouraged; German ships of war were at hand which would inflict heavy punishment upon Malietoa and establish the Government of the Tamua. Many are the schemes to which they two had recourse in order that they might frighten Samoans to join the party in rebellion and thereby confirm their untruthful statements sent to the Emperor and the just Government of Germany. One thing we know as true: an armed force had gathered in Leulumoega. We considered that the King and the Government had better have an armed body-guard. We sent to Dr. Stuebel a letter requesting this from Dr. Stuebel, but he forbade it. He would not allow such a number of men at Mulinuu. But we even put our lives thus in jeopardy on account of our fear of Germany. On the 18th of December, 1885, there came a letter from Mr. Weber that we should pay $1,441 rent for residence at Mulinuu, and that we should likewise leave Mulinuu on the 31st of that month. If we should not obey that notice he would make his complaint to Dr. Stuebel, Imperial German consul. But though the deeds of Mr. Weber for the land seem to be complete and by means of his devices the name of Malietoa is signed in them, yet we maintain that the lands would prove to be still ours if the matter could be investigated with impartiality. A letter was then reluctantly sent to Mr. Weber stating that they would pay down the sum of $5,000 as payment for Mulinuu. Mr. Weber refused, being ruttely unwilling to accept it. We left Mulinuu on the 31st of December and came to Apia. We then raised our flag. When Dr. Stuebel saw our flag raised he came to the King and told him to pull down the flag. The King refused, and said: “It is with you to do what you please. If it is with your will to put it down, carry out your own will.” He then went on board the ship of war Albatross and returned with an armed force, and at the same hour put down our flag. The English and American consuls have protested against all the past actions of Dr. Stuebel even up to the day on which our flag was hauled down. Our indignation had become very great at that hour. We thought it would be better to rush on death and perish at the hands of Dr. Stuebel but no longer to endure it. A disturbance seemed likely to arise, but the English and American consuls earnestly entreated us to avoid everything of that kind as it would only lead us into further difficulty. We obeyed the good advice of these consuls and left Dr. Stuebel to work out his own will. We then decided to send some members of our Governments to make inquiries from the great Governments of England, America, and Germany as to whether the actions taken by Dr. Stuebel were carried out by the authority of the Government of Germany. Accordingly Seumanutafa and Tuiletufuga went and returned with the good report from England, America, and Germany that his excellency Admiral Knorr was about to be sent to bring about a peaceable settlement of all the differences between the Government of Germany and the Government of Samoa. We rejoiced greatly in that good report. But notwithstanding that, the intimidation of Mr. Weber was not yet complete. Mr. Weber is well acquainted with the Samoan custom that not so much stress is laid upon written words as upon spoken words. The latter are retained in the mind and believed in. Accordingly on the 12th of April, 1886, a Samoan chief, Tialigo by name (who lives on the land of Mr. Weber), went to the Chief Tofaeono, in this the Vaimauga district, and spoke as in the following account: “Come, for I am commissioned by Mr. Weber to tell you his words, which are as follows: ‘Tell Tofae that this my final word to him, that he should turn away from and abandon the Government of Malietoa, for the Government of Tamasese is established. There is no further hindrance to it. The Government of Malietoa will not be again known, nor will any respect whatever be shown to it by Germany when the ships of war arrive. Do you likewise urge upon Tofae that he cease to be longer deceived by men who are leading him astray, that he cease any longer to listen to the lies of the American and English consuls. They will not have a word to say when the vessels arrive, for the decision of the English, American, and German Governments is that all affairs in Samoa should be controlled by Germany. That is why these German vessels now on their way are being sent, while no English and American vessels are coming. Do you therefore urge upon Tofae speedily to turn away (from Malietoa) ere these vessels arrive, by which means he and the Varimanga will escape all fines, for there will be no inquiry or deliberations held then, nor will treaty relationship any longer be observed; the English and American consuls do not speak true words to the Government and the King but tell them only incorrect statements. But if Tofae should not quickly turn away from Malietoa then I will inclose the land where they dwell with a fence and send a man to occupy it. Tell Tofae that Tamasese and his Government can be brought to Mulinuu to remain there, but he will be the means of this if he will only turn, because the Government of Tamasese has been really established.’” I then asked, “If those things are indeed done how about England and America, Tialigo? Those Governments will not be again known, but all words will be ended by Germany; they will be put an end to by the German consul now in Samoa, the captains of the ships of war taking no part in the matter.”

In the troubles which have arisen in years gone by and in the battle fought on July 12, 1877, Mr. Weber has been the prime mover in those troubles. But still, notwithstanding these unworthy intimidating actions on the part of Mr. Weber toward us, the account of which we have had to give, we shall continue to rely on the righteous dealings which are characteristic of the German Government, as the representative of which, sir, you have come. We trust it will lead to a thorough and impartial investigation of these difficulties with a view to their speedy determination and the restoration of mutual good will. For our anxious fear is great at the words so groundlessly cast about that we are at variance with the Government of Germany, a statement which is confined alone to Dr. Stuebel, and of which the Government of Germany will probably be ashamed, who are far from any desire of retaining in mind against us any statement of such a kind.

Your excellency, let the righteous dealing and the kind regard of the Government of Germany be manifest towards our islands so feeble and so few, as it was in the days of Captain Zembsch, who continued so short time with us. For it is because Dr. Stuebel has been brought into subjection to Mr. Weber that this cessation of friendly relationship has occurred.

Your excellency, we await your action with respect and strong reliance on the Government of Germany and on your excellency.

I am,

• MALIETOA,
  King of Samoa.
• SELU,
  Secretary,

Apia, April 20, 1886.

His Excellency Admiral Knorr,
Commander of the Fleet of War Ships of His Majesty the Emperor of Germany.

[Inclosure E 6.]

Government House, May 10, 1886.

Sir: I am commanded by His Majesty Malietoa, King of Samoa, to express his sorrow at the strange and remarkable treatment to which His Majesty has been subjected by the officers and servants of His Imperial Majesty the Emperor of Germany.

Your excellency is aware that a solemn treaty now exists between Germany and Samoa by which the Empire to which you belong is as much bound as she is” with England or the United States of America. In the face of this treaty His Majesty the King of Samoa hears with astonishment and regret that you, accompanied by Dr. Stuebel, the German consul did upon last Saturday proceed with M. I. M. I. M. S. “Bismark” to visit certain subjects of the Samoan Crown now in rebellion against Malietoa—as your excellency must have known—in a friendly manner, a manner calculated to aid and abet them in their rebellion.

His Majesty desires me to point out to you the consequences which are likely to ensue from your strange conduct. His Majesty has heard with profound astonishment that in the presence of a German admiral and under the guns of a German man-of-war the German consul informed the rebels that the German Government has recognized the rebel leader as King of Samoa. I am instructed to point out that the natural results of such an unadvised statement will be the kindling of civil war and the shedding of much blood.

His Majesty the King of Samoa has for years humbled himself to Germany, or rather to its unworthy representatives here, Dr. Stuebel and Mr. Weber, in order to maintain peace, but is now determined to appeal direct to the people and Government of America and England for sympathy and assistance upon a full statement of the whole matter.

His Majesty being bewildered and alarmed by your conduct, and not knowing to what extent the violence of Dr. Stuebel and Mr. Weber may yet lead you, has, after consultation with his ministers, felt compelled to invoke the assistance of the United States consul, under whose guardianship he has placed the Samoan flag, and to whose charge he has entrusted the safety of his people. To add to his alarm he is credibly informed that in your bearing, and uncontradicted by you, Dr. Stuebel stated to the rebels that the English consul had deserted Malietoa.

In what manner your excellency intends to vindicate such conduct to your own Government the King does not know, but if in consequence of your interference there ensue violence and war the guilt will be yours, while we shall have to bear the suffering.

In conclusion His Majesty desires me to remark that you have not shown sufficient courtesy even to acknowledge the receipt of the long letter of grievances sent to you on Friday last.

I have the honor to be, your excellency’s most humble servant,

SELU,
Secretary.

To his Excellency Admiral Knorr,
Commanding H. I. M. Fleet, Apia Harbor.

[Inclosure E 7.—Translation.]

Cruising Fleet, Apia, May 9, 1886.

The Head Chief Malietoa, Apia:

Your letter received, and the following is my answer:

I have not been sent here, as you say in your letter, to settle any difficulties between the Government of Germany and the Government of Samoa.

This is the business of the Imperial political representative at Samoa, Consul-General Dr. Stuebel, whose official actions to investigate I have no right to. And also it is not possible for me to treat with a party Government which in a rough and unthankful manner opposes the treaty not only, but also offers the rightful German influence most objectionable opposition.

KNORR,
Vice-Admiral and Chief of the Cruising Squadron.

[Inclosure E 8.—Translation.]

Apia, May 14, 1886.

To the Head Chief Malietoa, Apia:

Vice-Admiral Knorr requests me to acknowledge receipt of a letter of the Secretary of State, Selu, dated Government House the 10th inst. and to answer the following:

Contents and manner of expression prove that you have for your head chief bad advisers at the Government House.

The admiral cannot hold the writer of the letter, but has to hold responsible the party ordering it for everything what has been addressed to the chief of the German squadron.

In the name of the admiral I have to declare as inadmissible, that in an official letter to which is attached the seal with the name “Malietoa,” the person of the Imperial German representative has been attacked by insulting expressions, and that an attempt of a repetition against the respect of the Imperial German Government will cause immediate redress against the only reponsible party.

Besides, the letter contains, and to which on account of its irregular form the admiral don’t care to go more into, hardly anything else as positive untruths, and controversions with existing circumstances, so that the consequences on all of this basis planned or gone into the actions solely and expressly fail the Government and its head.

Your letter of grievances of the 7th crt. was already answered on the 9th; instead of speaking of impoliteness, it probably would have been better to govern your own politeness and to await an answer which, on account of translating, could under existing circumstances not be done any sooner.

Von HOLZENDORFF,
Captain-Lieutenant and Flag-Lieutenant.

[Inclosure E 9.]

Mulinuu, Capital of Samoa,
December 29, 1884.

To His Imperial Majesty the Emperor of Germany:

Your Majesty: I write to inform your Majesty that I am deeply distressed on account of the troublesome acts done by subjects of your country in Samoa.

I humbly beseech your Majesty to listen to my complaint.

The first matter of complaint of which I have to inform your Majesty is the agreement which was made on the 10th of November between the Government of Germany and the Government of Samoa.

The method in which it was brought about was very improper, for we did not desire to make it because we were not allowed to see the documents so that we could consult about it and consider it.

I wrote to the German consul to ask him to give me a copy of the agreement, in order that we should thoroughly understand its meaning. He replied that he refused to give me or my Government a copy of the agreement until after we had accepted (signed) it.

I assented to the agreement and our names, Malietoa and Tupua, were signed to it on account of our intimidation by threats. I also inform your Majesty of our withdrawal from the agreement on account of its containing many impracticable clauses.

I therefore beg your Majesty will not assent to that agreement.

I also appeal to your Majesty with reference to the troublesome acts of Mr. Weber, a subject of your country.

He is continually trying to cause divisions among my people in order to bring about disturbances and war in Samoa. I have received much information respecting his working for the purpose of causing troubles to arise in Samoa again.

He is continually scheming and offering bribes to some Samoan chiefs to induce them to comply with his wishes and thus cause a rebellion in my country.

I complain to your Majesty on account of this improper conduct of Mr. Weber, so that he may be compelled to desist from acts by which the blood of the people of my country may be shed.

I hope and pray that God will bless your Majesty and your Government.

I am, your Majesty,

MALIETOA,
King of Samoa.

[Inclosure E 10.—Translation.]

German Consulate,
Apia, February 19, 1885.

Your Majesty: I have received your letter which you wrote yesterday, in which you make known to me your desire that your forces Should assemble at Mulinuu to act as your body-guard.

This is my answer to it—your opinion is correct that it was considered right that fighting should be forbidden in Samoa. To that end the American and English consuls with myself agreed together that letters should be written to your Majesty and the Tumua, in which it was exhorted that no division of the people (male) should begin fighting. Therefore the report you have received concerning Tumua cannot be true that they are about to attack you at the present time.

But in addition to that, the land of the place (district) and the town of Apia have been attached (secured) for the Government of Germany, on account of the disrespectful things you have done to the Government of Germany, and the flag of the Government of Germany has been hoisted as the sign of that thing; it is proper also that that flag has to be guarded by the forces of the German ships of war.

But I cannot permit your forces to assemble together with their weapons of war at Malinuu, or at any other place within the territory which has been attached, for if this is done it is very possible that severe quarreling will arise between Germany and Samoa.

I wrote to your Majesty on the 29th of February [January], that you are permitted to remain quietly at Malinuu. That opinion is not changed at the present time, but it will be necessary for you to leave Malinuu if you should assemble there your forces.

May you live.

I am,

Dr. STUEBEL,
Imperial German Consul.

His Majesty Malietoa,
King of Samoa.

[Inclosure E 11.—Translation.]

Mulinuu, April, 1885.

Sir: I have the honor to acknowledge the receipt of your letter of 10th of April) received by me at about sunset.

As you know, on the assembly of my Parliament many men have to be present. I cannot help that a greater number should assemble than at other times.

Do you want to drive me off Mulinuu? If so, tell me and I will go, and my Government, but shall set it up in another place.

I deny any sort of disrespect to the German Government.

It is the custom of Samoa to assemble as they are doing. All my people are quiet and without arms, and will not do anything wrong.

I cannot imagine how you or the captain of the man-of-war can find fault with me or my people on account of my people carrying out their custom, and coming to see me as is usual.

I would ask you to reconsider your command, for if you persist in it, I must move from the point, but I give you notice that the seat of government will only be moved, and my Government will continue its office.

If you should be so unnecessarily severe as to order me from the point, I would respectfully ask you whether your prohibition extends to the whole of the municipality.

May you live.

I am,

MALIETOA,
King of Samoa.

Dr. Stuebel,
Imperial German Consul, Matafele.

[Inclosure E 12.—Translation.]

Imperial German Consulate,
Apia, April 10, 1885.

Your Majesty: I am writing to your Majesty, who are well aware of the letters written on the 29th of January arid the 31st March, to make known to you that you would be permitted to continue to reside at Mulinuu on condition that your Majesty and your Government should keep quiet. In the letter which you wrote me on the 1st of April you informed me that a great many men had assembled at Mulinuu at that time, but that they were about to go quickly away again. Yet notwithstanding that, a great talolo (assembly) was held yesterday, and a very great number of men gathered together at that talolo.

But from the present time no great assembly of men shall be allowed at Mulinuu. The captain of the German ship-of-war will not permit anything of that kind, as it is a transgresssion and disrespect to the authority of the Government of Germany established within the neutral therritory.

Therefore, I write now to make known to your Majesty that from this day all kinds of assemblies of men who have no families resident there are forbidden at Mulinuu. In which also is forbidden any great meeting, talolos of any kind whatever, and likewise the game usually called cricket. Should this law be transgressed the people in general will be scattered by force, and as to your Majesty, it will be necessary for you to immediately leave Mulinuu, together with your Government.

May you live.

DR. STUEBEL,
Imperial German Consul.

Note by Translator.—Talolo is defined as the taking of food to visitors by a whole district at once. Here it means taking food to the Government by a whole district.

[Inclosure F 2.]

United States of America, ss:

On this eleventh day of September, A. D. 1886, before me, Elisha L. Hamilton, vice-consul of the United States at Apia, Samoa, personally appeared William Coe, who, being solemnly sworn in due form of law, doth depose and say that the paper annexed hereto is a true and correct copy of a certain paper writing, the original of which has been compared with the said copy at the time of making this affidavit, and that the said copy is correct in all particulars, including the blank spaces; that deponent first saw the original paper in the land office of the “Deutsche Handelsund Plantagen-Gesellschaft der Südsee Inseln zu Hamburg”; that August Goddefroy then the manager of said company applied to the German Consul-general to drive the Samoan chief Asifrom the land then occupied by him in Matafagatele, known as Maloe-Falefatu; that the consul-general having demanded the production of the deed under which the said company claimed the land, the original aforesaid was produced at the German consulate for record, whereupon the said consul-general declined to accept the same, and ordered the paper to be returned to Asi, the party who had signed it.

The facts were all stated to me by Captain Zempsch, the consul-general referred to, and I saw the deed, so called, filed in the land office of the German company as a title paper.

Deponent further states that he obtained the said original paper from Asi, at the request of Mr. Bates, for his inspection.

WILLIAM COE.

Subscribed and sworn to the day and year aforesaid, before me.

E. L. HAMILTON

,
United States Vice-Consul.

This indenture, made the — day of —, in the year of our Lord one thousand eight hundred and —, between — —, belonging to —, of the first part, and Theodor Weber, from Hamburg, and merchant at Apia Upolu, Samoa, of the second part, witnesseth:

That the party of the first part, for and in consideration of the sum of —, to — in hand paid by the party of the second part (the receipt of which is hereby acknowledged), hath bargained and sold, and by these presents does bargain and sell unto the party of the second part, his heirs and assigns forever, all —— certain piece or parcel of land, situated at——, being the true and lawful owner thereof, said piece or parcel of land hereafter described being bounded and measuring as follows, viz:

Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and also all the right, title, interest, claim, or demand whatsoever of——, the party of the first part, either in law or in equity of, in and to the above bargained premises and every part or parcel thereof, to have and to hold to the said party of the second part, his heirs and assigns forever.

In witness whereof we have hereunto set our hands and seals the day and year first above written.

(Sig.)

ASI

, [l. s.]
Party of the first part.

— —

, [l. s.]
Party of the second part.

Signed, sealed, and delivered in the presence of—

H. Friedrechren

.

H. B Sterndale

.

Talagui

.

We the undersigned hereby certify that the above instrument was read and translated to the party of the first part (as above mentioned), and who in our presence declared perfect knowledge of the above and expressed entire satisfaction.

H. F. H. GRAHT.

(Indorsement on the foregoing:) Tusi O fanua oau O Asi, I Apia. Translation: Deed of lands from Asi, at Apia.

I certify that the foregoing is a correct copy of the original, compared by me therewith.

E. L. HAMILTON,
U. S. V. Consul.

[Inclosure F 3.]

Mulinuu, 23 Oktopa, 1884.

Ua silifia tagata uma O au o Malietoa le Tupu o Samoa O on iloa lelei o le fanua ua tuu ai i le tusi na pii faatasi i le hesi nei na faatau o Alii Samoa e pule ai e le faapotopotoga Amerika ma Falani (F. Cornwall). Au te molimau e ai ma fesoasoani ma faamamalu e ai le faapotopotoga Peritania na latou fua lenei fanua ma totogi uma le alii Samoa e pule ai le fanua. Au te molimau e muamua lava le faatau o le faapotopotoga Amerika ma Falani (F. Cornwall).

MALIETOA,
le Tupu o Samoa.

Asi Taimua.

Seumanataffa Kaivana.

Lauati Faipule.

I hereby certify that the above is a true copy of the original.

RICHARD HETHERINGTON

,
Barrister and Solicitor.

H. B. M’s Consulate,
Samoa, September 18, 1886.

I hereby certify that I have compared the foregoing document with the certified copy, of which it is a true and verbatim copy.

WILFRED POWELL

,
H. B. M’s Consul.

[Translation.]

Know all men. I, Malietoa, King of Samoa, well know that the lands described in the documents affixed hereto were properly sold by the Samoan chiefs—owners thereof—to the American Company and Falani (F. Cornwall). I will bear witness to this, and will assist and protect the British Company in their surveys of the lands and payments of sums due to the Samoan chiefs who sold the land. And I testify that these lands were first sold to the American Company and F. Cornwall.

MALIETOA

,
King of Samoa.

Asi Taimua.

Seumanataffa Governor Tuamasaga

Lauati Faipule.

I, Richard Hetherington, of Apia, in Samoa, barrister and solicitor, do hereby certify that the above is a true and faithful translation of the original.

RICHARD HETHERINGTON.

I hereby certify that the above is a true copy of the translation of a certified copy.

WILFRED POWELL,
H. B. M.’s Consul.

H. B. M.’s Consulate,
Samoa, September 18, 1886.

[Inclosure F 4.]

native land court of new zealand

In New Zealand the absolute rights of the natives to their lands are recognized both by treaty and special legislation.

In the first instance the Government claimed the right of pre-emption to native lands, which they construed not into mere pre-emption, but sole right of purchase. This caused great dissatisfaction among both Europeans and natives.

After 1862, the right of dealing with natives in regard to land was thrown open to everybody, as well as to the Government, with this qualification: that native lands must first be passed through the native land court, before which tribunal the native title was ascertained, and it was declared who the owners were, and then either certificates of title or crown grants were issued to the person or persons so ascertained.

By legislation, at the last session of Parliament, private purchases from the natives have been virtually stopped (though not openly avowed), and it must now be done through the Government.

The first act creating the native land court was passed in 1862, and there has been much subsequent legislation upon the subject. The jurisdictian of the native land

court refers only to the ascertainment of titles prior to the disposal of these lands by the natives. The court consists of a chief judge and several associates, all of whom are white men, but some of whom must understand the Maori language. There is an official interpreter, who is sometimes a native. The chief judge is paid about eight hundred pounds a year, and the associate judges are paid from six hundred to seven hundred pounds a year.

The practice is, that whenever a white man wished to purchase a piece of land from the natives he would go to them, deal with them, and arrange the price, try to find out the owners, and probably pay down something on account. Though this transaction had no legal effect, it was usually necessary as a prerequisite to obtain an application by the natives to have their titles ascertained by the land court. After the application is made to the land court it is extensively advertised in a newspaper published in the Maori language and a day fixed for hearing, which is had, whenever practicable, near the spot, when the testimony of the natives who appear is taken. Usually there is no contest, but sometimes cases excite great interest among the natives, and lawyers are employed on both sides.

After the court has heard the evidence and given its decision as to who are the parties entitled, the proposed purchaser, who is usually present, has a conveyance drawn up, which is immediately executed by the natives to whom the title has been awarded, which must be in duplicate, the original being in the Maori language and the translation in English, and the correctness of the translation must be certified by an interpreter licensed by the Government. Then it must be presented to the native lands frauds prevention commissioner, an officer appointed by the governor, who inquires into the consideration, and ascertains that it has all been paid in money and no part of it in ammunition, intoxicating liquor, or any similar commodity, and that the transaction is fair. The certificate of this officer must also be indorsed, and the deed is then recorded and a certificate of title, or its equivalent in a crown grant, is issued to the purchaser.

With respect to the investigation of old land claims, prior to the establishment of the English Government in 1840, there were lands claims commissioners who investigated such matters and ascertained from the natives whether they thoroughly understood the deeds and what they had sold, and whether they understood the consideration, and whether it was reasonable and adequate.

At this time the Government restricted the amount of lands which might be taken under any grant to 2,560 acres, no matter what it purported to convey, or what was the amount of consideration. If it was shown that full payment had been made for a larger number of acres, the excess was taken by the Crown. This provision created great dissatisfaction both among the settlers and among the natives, and the result was that people were slow to go before the land commission to have their titles adjudicated, preferring to rest upon their native titles, which were usually recognized by the natives themselves.

After contests, extending sometimes many years, claimants who had been deprived of the excess of their purchases over the 2,560 acres allowed succeeded in obtaining compensation for what had been taken away from them.

[Inclosure G 1.]

Apia, July 12, 1886.

To his Excellency Dr. Stuebel,
German Consul-General, Apia:

Your Excellency, Sir: I and my Government have receivedmost correct accounts, the very truth itself, of the sales of guns and ammunition for war by Mr. Weber and his agents to a portion of the Samoan people, known as the rebels.

On this account I do most sincerely protest against the action of Mr. Weber and other foreign merchants, with the greatest humility before Your Excellency, the representative of His Majesty the Emperor of Germany, as such action is a direct violation of the law made by the Samoan Government at Mnlinuu October 25, 1880. I shall be pleased to hear that you have succeeded in suppressing the conduct of which i have just been writing.

Your Excellency, I am,

• MALIETOA,
  King of Samoa.
• MAMEA,
  Acting Secretary of State.

I certify that the foregoing is a correct translation of the foregoing letter, made from the copy thereof in the Government House at Apia.

E. L. HAMILTON,
United States Vice-Consul.

[Inclosure G 2.]

Apia, July 14, 1886.

To His Majesty King Malietoa:

Your Majesty: I received your letter, written to me on July 12 ult., and this is my reply. I am not pleased with the selling of arms by the German merchants, and I am working continually with them in order that they may cease from this business.

Yet from the time this law of October 25, 1880, was made by the Samoan Government up to the present time nob one investigation or trial has been held for the breach of this regulation. The reason of this has been on account of the weakness of the Samoan Government. Foreign merchants from different parts of the world have sold guns to Samoans in the years lately past, and they still exhibit and offer guns to Samoans of each government and will continue to do so in the future.

It is the duty of the great powers to have this important matter adjusted properly. As for me, I have already written to my Government on the subject.

May you all live.

I am,

Dr. STUEBEL,
German Consul-General.

I certify that the foregoing is a correct translation of the original letter, signed by Dr. Stuebel, and on file at the Government House at Apia.

E. L. HAMILTON,
United States Vice-Consul.

[Inclosure G 3.]

United States Consulate,
Apia, April 1, 1882.

Sir: I have the honor to acknowledge receipt of your dispatch of yesterday’s date, with two inclosures from Haupt-Agentur der deutschen Handelsund Plantations-Gesellschaft der Sudsee-Inseln zu Hamburg, August Godefroy, making complaint against Mr. Nelson, of Safune, said to be under American protection, of having “repeatedly imported and sold fire-arms and ammunition, in contravention “to the Samoan law of the 25thof October, 1880, approved by three consuls “residing here.”

In reply, I have the honor to inform you that Mr. Augustus Nelson, of Safune, Savaii, is under the protection of this consulate.

I have also the honor to inform you that Mr. Nelson will appear at this consulate Monday, May 15, 1882, to answer to the charge. I have to request that Mr. Godefroy have the witnesses named in his complaint here at that time to substantiate their charge.

I have the honor to be, sir, your obedient servant,

• J. E. VARICK ALVORD.
• O. von Oertzen,
  Acting Imperial German Consul, Apia.

[Inclosure G 4.]

United States Consulate,
Apia, April 1, 1882.

August Godefroy, Esq.:

Sir: I have the honor to acknowledge the receipt of your letter of yesterday with a complaint against Mr. A. Nelson, of Safune, “selling arms and ammunition against the order of prohibition issued by the Government, &c.”

I have to inform you that Mr. Nelson will appear at this consulate on Monday, May 15, 1882, to answer your complaint. I have to request that you will have the witnesses mentioned in your letter here on that date, to substantiate the charge.

I have the honor to be, sir, your obedient servant,

J. E. VARICK ALVORD,
Acting United States Vice-Consul.

[Inclosure G 5.]

United States Consulate,
Apia, April 1, 1882.

Mr. Augustus Nelson:

Sir: I have to inform you Haupt-Agentur der deutschen Handelsund Plantagen-Gesellsch. der Südsee-Inseln zu Hamburg August Godefroy have lodged a complaint through the Kaiserlich Deutsches Konsulat für die Südsee-Inseln in this consulate against you for selling fire-arms and ammunition in Savaii, contrary to laws of the King and Government of Samoa dated the 25th day of October, A. D. 1880.

You will, therefore, please call at this consulate this day to answer to the above charge.

I have honor to be. sir,

J. E. VARICK ALVORD,
Acting United States Vice-Consul.

[Inclosure G 6.]

United States Consulate,
Apia, May 15, 1882.

G. Von Oertzen, Esq.,
Acting Imperial German Consul:

Sir: At a court held at this consulate to-day, before myself and Tuiatafu, relative to a complaint made by “Deutsche Handels und Plantagen-Gesellschaft” against Mr. A. Nelson, of Savaii, viz,” that he had at divers times unlawfully sold to Samoans arms and ammunition” at Savaii, contrary to the laws of the King and Government of Samoa, &c., I have the honor to inform you that Mr. Nelson pleaded guilty to the charge. In consequence of certain extenuating circumstances he was fined $50 and the costs of court.

I have the honor to he, sir, your obedient servant,

J. E. VARICK ALVORD,
Acting United States Vice-Consul.

[Inclosure G 7.]

United States Consulate,
Apia, May 18, 1882.

His Majesty Malietoa Laupepa,
King of Samoa:

Sire: I have the honor to inform you that the complaint against Mr. A. Nelson, of Safune, Savaii, for selling guns and ammunition in contravention of the laws of the 25th October, 1880, and approved by the consuls residing here, was this day heard.

Mr. A. Nelson pleaded guilty of the charge, but stated that he did not sell any arms until all the foreigners around him had sold them, and he swore he had never heard of the said law.

Decision of court: Pined $50 and costs of court.

I have the honor to be, Your Majesty’s most obedient servant,

J. E. VARICK ALVORD,
Acting United States Vice-Consul.

[Inclosure G 8.]

United States Consulate,
Apia, May 17, 1882.

G. von Oertzen, Esq.,
Acting Imperial German Consul:

Sir: I have the honor to acknowledge the receipt of your letter with two vouchers relative tothe expenses incurred by bringing up witnesses in re Nelson.”

In answer, I have the honor to inform you that the witnesses for the plaintiff having come to substantiate his charge, and without summons from this consulate, will of course pay their own expenses.

I have the honor to return the two vouchers and close the correspondence so far as this case is concerned.

I have the honor to be, sir, your obedient servant,

J. E. VARICK ALVORD,
Acting United States Vice-Consul.

[Inclosure G 9.]

September 6, 1886.

I, G. B. Pritchard, junior, make oath and say that from the 20th of August, 1886, up to the present time, the German firm of Deivtchen Handels und Plantagen, &c., have, through their agent, P. Jensen, at Salailue on Savaii, sold fire-arms to the natives of Samoa.

The natives do not take the arms away, but put their names on them and pay for them by degrees in Copra; some have already half paid the value of the rifles.

I am of the opinion that in case of war breaking out they would be allowed to take the rifles away from the store without further payment.

The rifles in question are Snider rifles, and the price is fifty dollare ($50). I have seen sixteen of these rifles in the store at the same time.

P. Jensen has also cartridges which he is selling with the rifles.

GEORGE BAKER PRITCHARD

Witness:

Robert Fletcher.

Sworn at the British consulate, Samoa, this sixth day of September, 1886.

Before me,

[seal.]

WILFRED POWELL,
Her Britannic Majesty’s Consul.

[Inclosure H 1.]

proclamation.

We, the consuls of Germany, Great Britain, and the United States of America, hereby give notice that we and our Governments do not, and never have, in any way recognized Tamasese as King of Samoa, and order all Samoans to return to their homes and remain quiet and peaceable.

And we further demand the continued enforcement of the convention especially with regard to the neutral territory of Apia.

• Dr. STUEBEL,
  Imperial German Consul-General.
• WILFRED POWELL.
  Her Britannic Majesty’s Consul
• B. GREENEBAUM,
  United States Consul.

Apia, May 27, 1886.

[Inclosure H 2.]

I luga ole “Mohican” le Manuao Unaite Setete i le Taulaga i Apia, luni 8, 1886.	U. S. ship of war Mohican, Apia Harbor June 8, 1886.
O i matou nei ua tofia mai le Malo o Malietoa, ma i matou ua tofia mai i a Tamasese ma lana itu’au.	We, the representatives of Malietoa and his Government, and we the representatives of Tamasese and his party, do hereby solemnly swear to the following agreement:
Matou te matua tauto atu i le faamaoni o lenei Feagaige.
(1.) Ia amata mal i le aso nei, ia oo atu i aso o lumanai, o le a tumau le filemu i Samoa ia oo i le faavayau.	(1.) That from this day forward there shall be perpetual peace in Samoa.
(2.) O itu ’au foi e lua, Malieto ma Tamasese o le a nonofo nei lava i le fealofani ma le faaleaisca.	(2.) That the two parties of Malietoa and Tamasese shall live in friendship and cordial relations.
(3.) Ia amata lava i le aso nei e lepetia ‘Olo uma ae maise foi e le toe feaveai o fana ma auupega eseese e uiga i taua e tagata uma o Samoa. O le iaamaom ma lona mau ua tuuma atu ai o matou lima atoa ma o matou faailoga i le aso ma le tausaga ua muamua ona tusia.	(3.) That from this date forward all forts shall he destroyed and that no firearms of a defensive nature shall he carried by any Samoan.
Alii a Tamasese: Uo. Leavai. Aualiitia. Ili. L. Amitua. Su’a F. Maiava.	Tamasese’s chiefs: Uo. Leavai. Aualiitia. Ili. L. Amitua. Su’a. Maiava.
Alii a Malietoa: Aiono. Toomata. Leituala + faailoga. Molioo. Utumapu. Naea. Pau + lona faailgoa. Selu.	Malietoa’s chiefs: Aiono. Toomata. Leituala + his mark. Molioo. Utumapu. Naea. Pau + his mark. Selu.
O i matou o Alii tofia o itu Malo tetele matou te molimau i lenei feagaiga fealoani.	We, the representatives of the great Governments are hereby witnesses to the signing of this agreement of friendship.

• Dr. STUEBEL,
  Imperial German Consul-General.
• B. GREENEBAUM,
  United States Consul.
• WILFRED POWELL,
  Her Britannic Majesty’s Consul.

[Inclosure J 1.]

Constitution for Samoa.

[From the Samoa Times, Saturday, September 21, 1878.]

The terms for which tho first Taimua, consisting of seven members, had been elected in 1873 having expired for some time, the Faipules of the different districts in Samoa elected, in January, 1875, two Kings to represent the two families of Malietoa and Tupua, fearing that otherwise troubles would arise, and besides a Taimua of fourteen was appointed. The Kings were publicly proclaimed at Mulinuu on the 7th of January, 1875, and the foreign consuls were then asked to draft a constitution for the Samoan Government adapted to the circumstances then existing, and to assist in establishing the same on a proper footing; also a committee of seven Taimua members was appointed to consult with the consuls. The latter then went to work at once and succeeded in a few weeks so far as to be able to submit the more essential points of the following document for consultation to the said committee. After lengthy deliberations the largest portion of the proposals made by the consuls had been got through, and were accepted with some alterations. A good number of meetings had already taken place, and laws were being framed to regulate matters wherein the interests of natives and foreigners clashed, when the U. S. S. Tuscarora arrived in Samoa, on the 1st of April, 1875, with Colonel Steinberger, in consequence whereof the matter was dropped entirely by the Taimua and Faipule.

The points of interrogation (?) mark matters which were left to be the subject of future deliberation.

The Kings.

1. There shall he elected by the Faipule two Kings; one from the Malietoa family, and one from the Tupua family. The Kings, or either of them, cannot be deposed except by vote of four-fifths (?) of the Faipule.

2. In case of the death of either of the Kings a meeting of the Faipule shall be immediately called by the Taimua to elect his successor.

3. It shall be lawful for the Faipule to limit the dignity of the King to one representative of either the Malietoa or Tupua family, and his heirs for all time coming.

4. The Kings in coming into authority shall take the following oath: “O au o le Tupu, &c.”

5. The Kings shall convene a session of the Faipule once a year, in the monti of December, which session is not to extend beyond four weeks’ duration. They shall open and dissolve the said sessions of the Faipule in person.

6. They must at the request of two-thirds (?) of the Taimua, convene an extraordinary meeting of the Faipule.

7. It shall be the duty of the Kings to see that the Taimua rightly discharge their duties according to the constitution; and in case of any flagrant neglect of duty they shall have power to convene an extraordinary meeting of the Faipule, at which meeting they shall without delay require the Faipule to investigate the matter, and if it be deemed necessary deposethe member or members of the Taimua.

8. The Kings shall have the right of being present at all meetings, and taking part in all discussions of the Taimua. They shall also have an equal vote with any other member of the Taimua.

9. All measures passed by the Taimua or Faipule shall require the signatures of the Kings and president of the Taimua before they come into force.

10. In case of the death of any member of the Taimua the Kings shall at once appoint a Faipule to fill up the vacancy temporarily, as more particularly specified under the Taimua—Art. 3.

11. The Kings, with the sanction of the Taimua, shall have the power to commute sentence of death to imprisonment for life.

The Taimua.

1. There shall be elected by the Faipule for a term of not less than one year, and not more than three years, fourteen Taimua, who shall be eligible for re-election, and who shall remain in office until their successors are elected.

2. No member of the Taimua can be deposed from office except by a vote of two-thirds (?) of the Faipule, in which case they shall at once fill up such vacancy. In case of bad conduct, however, any member or members may be suspended by a vote of two-thirds of the remainder till the next meeting of the Faipule.

3. In case of a vacancy occurring among the Taimua, on account of death, the Kings shall, without delay, appoint a substitute, who shall remain in office only until the next ordinary meeting of the Faipule, when the vacancy shall be filled up.

4. The Taimua on coming into office shall take the following oath: “O au o le Taimua, &c.”

5. The entire responsibility of the Government of Samoa rests with the Taimua.

6. The Taimua shall receive and acknowledge representatives of foreign nations, have the power to make treaties, appoint all Government officers, superintend all financial matters, and take charge of Government property.

7. They shall elect one of their nnmber, who shall preside at, open, and close all their meetings, preserve order, and take the votes. He shall only be entitled to vote himself in case of an equality of votes. He shall also sign all official correspondence.

8. They shall appoint a secretary who shall keep records of all their proceedings, and carry on all correspondence.

9. They shall appoint a treasurer who shall keep all accounts and manage all financial business.

10. They shall appoint three standing committees of their number, each to consist of three members; one to keep an oversight of all incoming and outgoing moneys, and annually audit the treasurer’s accounts; a second to superintend all Government officers, and see that they rightly discharge their respective duties; and a third to superintend the public roads and”Government buildings, and see that these are duly kept in repair; these committees to give a monthly report to the whole Taimua.

11. They shall present a statement to the Faipule during each December session of all important measures transacted by them during the year, and also a statement of the income and expenditure during the year, and an estimate of the same for the following year.

12. No meeting of the Taimua shall be held unless ten of their number be present; and no member shall be allowed to absent himself from the seat of Government a longer period than three days without obtaining special permission from an ordinary meeting of the Taimua.

13. The Taimua alone shall have the power to alter any law or article of the constitution or to add any new law; but such addition or alteration can only be made after three months’ notice has been given to the council (au filifili? ), the consuls of the foreign nations and the representatives of foreigners in Samoa. They shall consult with the consuls and obtain their advice before any such law, &c., can be carried into effect, in order that the hearty co operation and good-will of the great nations may be secured. They shall also give due consideration to auy objection of the (au filifili) council against such alteration of constitution or enactment of new laws, but no such objection of the council can have the force of a veto on the action of the Taimua.

14. No law shall be enacted or any alteration of the constitution made affecting the interests of foreign residents, unless after having duly consulted their representatives and obtained their consent.

The Faipule.

1. There shall be appointed by each state (itu malo) forty (?) Faipule, whose names shall be enrolled in a book kept by the Taimua for the purpose. They shall be in office for two years, shall be eligible for re-election, and shall remain in office until their successors are elected.

2. The Faipule on coming into office shall take the oath: “O au o le Faipule, &c., &c.”

3. The Faipule shall once a year, during: the month of December (?), on being summoned by the Kings assembled at the seat of Go vernment, for the purpose of receiving the annual reports of the Taimua, fitting up vacancies among the Taimua, and transacting any other business which may be necessary or which may be brought before them by the Taimua—250 (?) to form a quorum. They shall also, on receiving a special summons from either the Taimua or Kings, immediately assemble at the seat of Government for the transaction of any extraordinary business, such as specified under “Kings,” Articles II and VII.

4. No Faipule shall be at liberty to bring up any matter for consideration without first giving notice of it in writing to the president, who shall read the same to the Faipule on the day previous to its discussion.

5. Any new law or amendment, or alteration of any law or article of the constitution, passed by the Taimua, may be repealed only by a majority of four-fifths (?) of the Faipule who are present at the annual meeting.

6. They shall elect one of their number who shall preside at, open, and close all their meetings, preserve order, and take votes.

7. They shall appoint a secretary, who shall keep records of all their proceedings.

8. The Faipule shall appoint eight (?) of their members from each district to remain at the seat of Government, for the purpose of aiding the Taimua by their advice when necessary, and of laying before the Taimua for their consideration any measures which they may desire to be carried into law; the president of the Faipule ex officio to be a member of this council. They shall be called the “au filifili” (?) (council), and their names shall be enrolled in a book kept for the purpose by the Taimua.

8. Any measures which the council (au filifili) may wish to bring under the consideration of the Taimua must be presented to them in writing; but it shall be lawful for a deputation of them to meet the Taimua for consultation on any casein which the Taimua may specially require it.

10. No member of the Faipule can be deposed from office except by a vote of 200 of his fellow members, when the place thus becoming vacant shall be at once filled up by the state which appointed him. Any member or members of the au filifili may be suspended by a vote of two-thirds of the remainder, till the next meeting of the Faipule, when the case shall be decided as above.

The Faamasino judges.

1. The Taimua shall appoint one chief judge and two assistant judges, who shall hold a supreme court at the seat of Government, try all capital offenses and all cases of appeal from any of the district judges. Two judges may hold the court.

2. The Taimua shall appoint as many district judges as may be necessary, not exceeding thirty, who shall try all ordinary cases that may arise within their jurisdiction.

3. The judges on coming into office shall take the following oath: “O au o le Faamasino, &c., &c.”

4. The judges shall hold their appointments for life, unless they prove to be incapable, or are found guilty by the Taimua of bad conduct, or any flagrant breach of the laws; in any which case they shall be at once deposed by the Taimua, and the vacancy or vacancies thus caused filled without delay.

5. The district judges shall keep records of all cases brought before them, and of Ifee sentence passed by them. They shall send an abstract thereof every month to the chief judge, and report what sentences have been carried out. They shall at the same time remit all fees and fines which have been collected to the treasurer. The chief judge shall also present an abstract of the whole, quarterly, to the Taimua. He shall also pass over monthly to the treasurer all moneys collected for fees and fines at the supreme court.

6. The district judges shall proclaim all new laws, or alteration of the laws or constitution, and collect all taxes imposed by the Government, forwarding them at once to the treasurer. They shall keep full accounts of the same; a copy of which they shall also send on to the Taimua without delay.

7. No district judge shall be at liberty to leave his district for more than one week without the special permission of the chief judge, who shall appoint some one to act in his stead during his absence.

8. No judge of the supreme court shall be at liberty to leave the seat of Government for more than three days without the permission of the Taimua, who shall appoint some one to act during his absence.

The Leoleo.

1. The Taimua shall appoint twenty Leoleo for the seat of Government, and twenty Leoleo for each state (itu malo), whose duties shall be to keep the peace, preserve order, arrest criminals and disorderly persons, and carry out the orders of the judges, under whose authority they shall be. The Leoleo at the seat of Government shall also act as messengers to the Taimua.

2. The Leoleo upon entering upon office shall take the following oath: “O au o le Leoleo,” &c.

3. They shall remain in office as long as they conduct themselves with propriety. In the case of any of them being guilty of bad conduct the district judge shall at once suspend him from office, appoint some one to act in his place temporarily, and report the matter to the chief judge, who shall investigate the case, punish the Leoleo, and report to the Taimua, who shall then, if necessary, make a new appointment.

4. The Leoleo shall wear a distinguishing dress, to be decided on by the Taimua, and no other person shall be at liberty to wear it. This dress shall be supplied by the Government and looked upon as Government property.

5. The Leoleo shall have the right to make arrests, quell disturbances, and to call in the aid, when absolutely necessary, of any person.

6. If any Leoleo arrests any person contrary to law, he shall be liable to suspension and punishment according to Law III.

7. No Leoleo shall be at liberty to leave the district in which he has his appointment for more than twenty-four hours without having obtained special permission from the judge of the district, who shall appoint a substitute for him before he grants the leave applied for.

estimate of annual income.

Poll-tax ($2 per annum for every male, to be levied half-yearly), say	$20,000 00
Fees, fines, &c., say	5,000 00
	25,000 00

expenditures.

2 Kings, at $500 each	1,000 00
14 Taimua, at $200 each	2,800 00
57 Au Filifili, at $30 each	1,710 00
223 Faipule, at $10 each	2,230 00
Chife judge	200 00
2 assistant judges, at $100 each	200 00
30 district judges, at $60 each	1,800 00
20 Government Leoleo, at $50 each	1,000 00
104 district Leoleo, at $25 each	3,500 00
Secretary of Taimua	100 00
Secretary of Taipule	60 00
Treasurer	200 00
Stationery, &c	100 00
1 jailer	60 00
2 assistant jailers, at $50 each	100 00
	15,060 00
Total income	25,000 00
Total expenditure	15,060 00
Balance	9,940 00

Balance to be expended in erecting Government buildings, repairing roads, and providing for all expenses not included in the above estimate of expenditure.

[Inolosure I 2.—Draft proposals.—Mr. Thurston.]

samoan councils of state.

(1) The King’s council, or Taimua.

1. This council to consist of the King, the Vice-King, three foreign nominees, as hereafter provided, and chiefs from the several districts of Samoa, in number as follows: From Aana, 2; from Atua, 2; from Apolima and Manono, 1; from Savaii, 6; from Tuamasaga, 2; from Tutuila, Mauna, Olosega, Ofa, and Aunuu, 2.

2. The King and Vice-King to be of the Malietoa and Tupua families, with succession to the Kingship alternating in the two families.

3. The chiefs of the King’s council, or Taimua, to be elected by the people of the districts named, and to hold their seats for life, but with liberty to resign, and subject to removal for treason, felony, or other high misdemeanor.

4. All vacancies of natives occurring in the council to be filled, as originally, by the election of the people.

5. There should be three foreign members of the King’s council, nominated by Germany, Great Britain, and the United States of America. These officers should hold the posts of chief secretary and leader of government, treasurer, and secretary for lands and works, as may be agreed upon by the three powers.

6. These three officers should have seats in the lower council and join in its debates.

7. Provision for the salary of the three officers provided for above should be secured by a permanent appropriation act, and no officer filling either of such offices should be dismissed from his post except in manner to be provided for by law.

8. A certain number (say three) native members of the King’s council should be charged with such executive duties as might be necessary, and for which they appeared competent. These offices to be held subject to good behavior.

9. The King’s council should appoint the chief magistrate of Samoa and all minor magistrates. The chief magistrate should be an American or European.

10. The King’s council should appoint all the officers required for the administration of public affairs in the districts.

The governors or head chiefs of districts to be those elected or actually recognized as such by the people.

11. The King, with the advice of the council, should have the right of veto.

12. In the absence of the King the chief secretary should be president of the council.

13. The president should have a casting as well as a deliberative vote.

(2) The Legislative Assembly, or Faipule.

1. The Assembly to meet annually in the month of —— at such place as shall have been decided upon at the annual meeting next preceding.

2. The first meeting to be at—.

3. The Assembly to consist of representatives from the before-mentioned districts, who should be elected triennially, one representative to be elected for every 2,000 people in the districts severally.

4. The chief secretary, the treasurer, and the secretary for lands and works to have seats in the Assembly.

5. The Assembly should elect its chairman and officers.

6. All laws, including those in respect of revenue and expenditure, to originate in and be passed by the Legislative Assembly; but no laws should in any way affect the municipality of Apia, which, for the present, may be compared to a free city.

7. No laws to be passed affecting the jurisdiction of Her Britannic Majesty’s high commissioner’s court, nor the consular courts of other foreign powers, excepting of the nature and to the extent that may be determined by treaty.

(3) Apia municipal council.

1. The municipal council to consist of nine members, of whom the consuls of the treaty powers should each appoint three, not necessarily their own countrymen.

2. All regulations passed by the council under Art. III of the Convention of the 2d September, 1879, before becoming law to be referred to such consuls, hereinafter called the “Consular Board,” who should either approve and return such regulations or suggest such amendments as may be deemed necessary by a majority of such board.

3. Should such amendment not be accepted by the council, the consular board thereupon to appoint a day (not later than one month from the date of such appointment) for the further consideration by the council of the proposed amendments. Should the suggested amendments of the consular hoard he adopted the amended regulation thereupon to become law: Provided always. That any regulation as originally proposed should become law if passed by a majority of two-thirds of the full council at any meeting subsequent to the day appointed as aforesaid: And provided further, That such regulation did not conflict with the jurisdiction of the high commissioner’s or consular courts, of which the board shall be the sole judges.

The chief magistrate of Samoa to be the magistrate for the municipality of Apia He should have jurisdiction over all persons whatsoever in respect of breaches of the municipal regulations and in respect of such other matters as may be conceded by the powers possessing treaty relation with Samoa.

Excepting as regards matters so conceded, the municipal magistrate should have no jurisdiction over subjects or citizens of either of the treaty powers or over any persons properly under their protection in respect of things provided for by any act or order in council heretofore or hereafter to be passed by either of such powers under treaty rights establishing consular or other courts of judicature in the Samoan Islands.

[Inclosure I 3.]

hints re future government samoa.

The principal object of any government in these islands should be to improve the condition of the natives as well as to give security to the foreigners. To do this effectively what is good in the native laws and customs should be preserved.

The governing power should be natives assisted by intelligent and trustworthy foreigners.

The three countries interested should agree to give one of their number control. Triangular control would be impracticable.

The governor or resident appointed by the controlling power to be approved by the other two, and to be empowered to call in the assistance of any ship of war, if necessary, belonging to any of the three contracting powers.

The government of these islands should not in any way be affected by European complications, otherwise matters here would be kept in a constant state of suspense.

Neither Germany nor Britain are in a position to assume and maintain unbiased control over these islands.

German interests are in the hands of one company, and German rule would be for the benefit of that company alone. The company would really be the ruling power. German policy in Samoa would be very much guided by and subservient to their general foreign policy.

Britain is much in the same position, although her interests here are spread over a greater number of people. Recent events have shown that the British foreign office cannot be trusted to stand firm by local laws and authorities when pressure is brought to bear on it by another great power. The United States is the only power interested in Samoa that is perfectly independent, and could not be influenced by outside complications. On that account she is the only power that can secure to Samoa a stable and independent government in the future.

Samoa and Tonga, controlled by the United States or the Australasian colonies, would form halting stations on the great commercial road between the two great English-speaking nations of America and Australasia.

The executive government should be a governor, appointed by the United States and approved by Britain and Germany, assisted by the high chiefs Malutoa and Tamasese. These two high chiefs would represent the two great parties into which the country is divided, and the foreign governor would, of course, represent the interests of the three powers.

This body would have the sole power of appointing and dismissing officials.

All the laws should be made by a representative body composed of the principal chiefs, this body to be assisted by a white secretary appointed by the board of governors.

The government should consist of three departments, namely, the judicial, which would include the police, &c. (land survey and public works), and the treasury and revenue departments.

Foreign treaties to be altered so that customs duties for revenue purposes can be levied at the principal ports in the group.

The governing machinery in force at the present time to be utilized as much as possible.

The Samoans will never unite under one king; the party feeling existing now has been the growth of generations. Malutoa and Tamasese are the acknowledged heads of their respective parties. Make them equal governors with the resident appointed by the three powers and you remove all cause of complaint, and yon can use these chiefs for the purpose of governing the country.

(1) That he believes that if the better classes of the foreign element living in Samoa were to take control of the government and administer it properly, that they would not only find such action beneficial to themselves, but that they would, as soon as their designs were well understood, have the assistance of all the natives, who would see in this movement prospect of a lasting peace and freedom from the machinations of would-be kings.

(2) That as it is self-evident that there is not in Samoa a native chief who is competent to rule more than a small native community, it is the opinion of the writer that these chiefs should be no longer suffered to misrule more territory than the districts to which they respectively belong, and that even in this they should be more or less under the control of a central government at Apia.

(3) That as it is absolutely necessary for a foreigner to act as premier, such foreigner should, if possible, be of such nationality as has the greatest interest at stake in Samoa.

(4) That it is equally necessary that from four to six other foreigners of mixed nationalities should assist as cabinet ministers, and they in turn have the assistance of from ten to twenty of the most advanced natives and half-castes as subordinates.

(5) All government employés to be obliged to devote their whole time to their duties and not engage in other business.

(6) That employés of the government be paid moderate salaries, and the necessary funds for such purpose and for the other uses of the government to be raised by a poll tax, by import duties on spirits and other goods sufficient only to defray the working expenses, and to erect a few necessary buildings for public purposes.

(7) That it be provided for in the beginning that after a certain period, say two or three years, all offices become vacant and candidates be offered and elected to fill the vacancies, and that any officer who has faithfully performed his duties is eligible for re-election.

The writer could add much more on the subject, but will refrain from so doing, adding only a rough estimate of the probable cost of paying government employés as suggested.

The whole affair would necessarily be very primitive indeed, but would, nevertheless, be a vast improvement over the present inaction.

Premier	$2,500
Chief justice	2,000
3 minisers, $1,500	4,500
1 secretary	1,200
1 secretary	1,000
3 secretary, $900	2,700
1 pilot (Apia)	1,200
1 pilot (Matauta)	100
10 governors, $600	6,000
10 faamasinoi, $400	4,000
10 sheriffs, $240	2,400
10 under-sheriffs, $120	1,200
40 petty chiefs, $120	4,800
80 leo-leos, $60	4,800
20 soldiers (Apia), $200	4,000
1 officer	600
1 officer	400
Land	7,000
Buildings and boats	8,400
Extras, &c	5,000
Total	71,000

resources.

Poll-tax, $2 on 25,000	$50,000
Apia municipal rates	6,000
Spirit tax, per gallon, 75 cents—8,000 gallons	6,000
Beer tax, per dozen, 62½—6,000 dozen	3,750
Ad valorem, 3½ per cent. On $300,000 imports	12,250
Total	78,000

[Inclosure K 1.]

Her Britannic Majesty’s Consulate,
Samoa, September 27, 1886.

Sir: I have the honor to inform you that I have received a dispatch from Hef Majesty’s secretary of state for foreign affairs in which I am instructed to request you to retire from the office of municipal magistrate at the expiration of six months from the 3d of April last.

At the same time I would venture to convey to you my expressions of regret on losing the services as police magistrate of so able and efficient an officer as you have proved yourself to be.

I am, sir, your most obedient humble servant,

• WILFRED POWELL,
  Her Britannic Majesty’s Consul.
• Thos. Maben, Esq.,
  Municipal Magistrate, Apia.

[Inclosure K 2.]

Apia, October 1, 1886.

Sir: I have the honor to acknowledge the receipt of your letter of the 27th instant, in which you state that you have received instructions from the secretary of state for foreign affairs to request me to retire from the position of municipal magistrate of Apia; at the same time expressing your regret at losing the services, as police magistrate, of so able and efficient an officer as I have proved myself to be.

I reply to your letter I beg to say that as you have given me no reasons whatever as to why this remarkable request is made, I feel compelled to assert my rights as a free man and to tell you that I do not consider myself the servant of the British foreign office, but of the municipal board, and when a majority of that body, who elected me, request me to resign, I shall do so, but not till then, Had I been guilty of any dereliction of duty in my capacity as magistrate, I could have understood being asked to retire, but after reading the concluding paragraph of your letter I certainly feel that I would be acting an undignified part were I quietly to submit to the demand of an authority that in this case I do not recognize.

In most civilized countries, where men are employed in an official capacity without any definite term being fixed for their retiring, they—if they have performed the duties of their office faithfully—generally get timely notice that their services will be dispensed with, or a money equivalent for the same, but in this case you, or as you state, the British foreign office, request me to retire from a purely local and hitherto non-political position, when the doing so would cancel any just claim I could have for compensation on account of no notice having been given to me. This I consider not only an unfair but an arbitrary request.

For these reasons, I shall not voluntarily resign my position as municipal magistrate in accordance with the request contained in your letter, but will wait and submit to the decision of the municipal board.

I am, sir, your obedient servant,

• THOS. MABEN.
• Wilfred Powell, Esq.,
  Her Britannic Majesty’s Consul.

[Inclosure K 3.]

Municipality of Apia.

Municipal Regulations, 1879–1886.

Municipal Board, March, 1886.—Dr. Stuebel, Imperial German consul-general; “Wilfred Powell, esq., her Britannic Majesty’s consul; B. Greenebaum, esq., United States consul; Messrs. H. Martin Ruge, S. Dean, J. E. V. Alvord; treasurer, H. Martin Ruge; collector, municipal magistrate; health officer, Dr. Ross, M. B.; pilot, A. Schmidt; municipal magistrate, T. Maben.

Concerning the treasurer.

III. A treasurer shall he elected whose duty it shall be to take charge of all publio moneys, and to disburse them only under an order from the municipal board. The treasurer shall receive as compensation for his services a commission not to exceed 5 per cent, of all public moneys paid into the treasury during his term of office.

LVI. The treasurer shall receive and take charge of all moneys payable to the municipality and give receipts for the same.

LVII. The treasurer shall not pay out any such moneys except on a draft approved by the municipal board, or on a written order from the municipal board.

LVIII. The treasurer shall keep an account of all moneys received and disbursed, which account he shall render to the municipal board at their meeting on the first Friday of each quarter.

Dated at Apia, Samoa, December 6, 1879, and January 12, 1880.

Concerning public houses and intoxicating drinks

VIII. No one shall have the right to sell intoxicating drinks by retail without first obtaining a license from the municipal board of Apia, which license shall be paid for quarterly in advance on the first day of January, April, July, and October, at the rate of $10 per month, provided his sales of such drinks do not exceed $250 per month; and at the rate of $12 per month if his sales of such drinks exceed $250 per month.

IX. Any one convicted of selling intoxicating drinks by retail without a license shall be fined not to exceed $50 (and one-half of the fine imposed shall be paid to the informer), or shall be imprisoned with or without hard labor not to exceed six weeks.

Note.—Retail means less than an original case, or less than 2 gallons of liquor imported in bulk.

X. Any licensed publican who shall sell or supply any intoxicating drink to a Samoan, or to any native of the islands of the Pacific Ocean, shall, on conviction, be fined $5, or shall be imprisoned six days. Such conviction shall be indorsed on his license by the magistrate, and when two such indorsements have been made thereon, the offender’s license shall be canceled immediately.

XI. No licensed public house shall be opened to the public before 5 a. m., nor after 11. p. m. on weekdays; nor before 1 p. m. nor after 11 p. m. on Sundays, unless a special license has first been obtained for the occasion. Any breach of this regulation shall be punished by a fine of $10, and such breach thereof shall be indorsed on the offender’s license, which may be canceled for the third offense.

XII. Any licensed publican who shall sell or supply liquor to any person in a state of intoxication shall, on conviction thereof, be fined not to exceed $5, and for the third offense his license may be canceled.

Regulations XIII and XIV amended.

XIII. Any person who shall supply or sell any intoxicating drink to a Samoan, or to any other islander of the Pacific Ocean, without a written order from a person permitted to give such an order shall be fined, not to exceed $25, or imprisoned not to exceed thirty days.

XIV. Any Pacific Islander found intoxicated, or in possession of intoxicating liquor on his person or his premises shall be fined not to exceed $10, or imprisoned not to exceed twelve days.

On reasonable suspicion, the police are authorized to enter any native house to make arrests and confiscate any intoxicating liquor.

Dated, Apia, 2d May, 1884.

XV. Any person found intoxicated and disorderly on the public highways shall be fined not to exceed $10, or shall be imprisoned, with or without hard labor, not to exceed twelve days, and shall be liable for any injury or damage done.

Dated at Apia, Samoa, December 31, 1879.

CVIII. Any person supplying or conveying, or causing to be supplied or conveyed, any intoxicating liquor on board of any vessel in the harbor of Apia without an order in writing signed by the master of such vessel shall, on conviction, be fined not to exceed $50, or sixty days’ imprisonment. If a licensed publican or boatman be convicted of the above offense he shall be liable to have his license canceled.

Dated at Apia, Samoa, April 1, A. D. 1881.

Concerning fire-arms.

XVI. On and after the first day of January, 1880, the sale of fire-arms and ammunition is hereby prohibited without a special license from the municipal board. Any breach of this regulation shall be punished by a fine not to exceed $200 (and one-half of the fine imposed shall be paid to the informer), or by imprisonment not to exceed six months, with or without hard labor, or by both fine and imprisonment not to exceed the above-mentioned penalties.

Concerning trades and professions.

XVII. Any person following or exercising any of the professions, trades, or callings enumerated in the schedule annexed to this regulation, whether jointly with any other profession, trade, or calling, or otherwise, shall take out a license and pay a license fee at the rate per year set forth in said schedule. All such licenses shall, on application, be issued by the municipal board, for three, six, nine, or twelve months, on payment in advance of the quarterly fee required in respect of each profession, trade, or calling, and in all cases licenses shall date from the first day of January, April, July, or October, and shall expire on the last day of March, June, September, or December, as the case may be.

XVIII. Persons exercising following, or engaging in any of the professions, trades, or callings enumerated in the schedule aforesaid without a license at any time after the lapse of seven days from the first day of the months of January, April, July, and October, respectively, shall on conviction in a summary manner forfeit a sum not exceeding $100, or in default of payment shall be imprisoned not to exceed seventy-five days.

XIX. There shall be five classes of licenses in general for stores.

schedule.

• Class I. All stores whose monthly sales are above $2,000 shall pay for a first-class license at the rate of $100 per annum.
• Class II. All stores whose monthly sales are below $2,000 and above $1,000 shall pay for a second-class license at the rate of $48 per annum.
• Class III. All stores whose monthy sales are above $1,000 and above $500 shall pay for a third-class license at the rate of $36 per annum.
• Class IV. All stores whose monthly sales are below $500 and above $250 shall pay for a fourth-class license at the rate of $24 per annum.
• Class V. All stores whose monthly sales are below $250 shall pay for a fifth-class i cense at the rate of $12 per annum.

Special licenses.

Nature of license:	Per annum.
Attorney, barrister or solicitor	$60
Auctioneer or commission agent	24
Baker	12
Bank or companies carrying on banking business	60
Barber	6
Blacksmith	6
Boat-builder	6
Butcher	12
Cargo-boat or lighter, plying for hire	6
Carpenter	6
Photographer or artist (not employed)	12
Engineer	12
Engineer, assistant	6
Engineer, apprentice	3
Pilot	24
Printing-press	12
Sailmaker (not employed)	6
Ship-builder	6
Shoemaker	6
Surveyor of land	6
Tailor	6
Watermen (not employed) for each boat	6

LXXIV. Every salesman, bookkeeper, and clerk, whose salary, wage, or pay does not exceed $75 per month, shall take out a license, for which he shall pay $3 per annum, and every such person whose salary, wages, or pay exceeds $75 per month shall take out a license, for which he shall pay $6 per annum. Any violation of this and the preceding regulation shall be punished according to Regulation XVIII. Board and lodging provided by the employer to be reckoned as salary at the rate of $30 per month

Unlicensed traders.

XX. All persons other than licensed butchers selling fresh meat within the municipality shall pay a tax of 1 per cent, on their sales.

Concerning fast riding.

XXV. Fast riding through the streets of Apia is hereby prohibited, and the police are hereby authorized and instructed to arrest any person violating this regulation, who shall be fined not to exceed $5, or who shall be imprisoned with or without hard labor not to exceed six days for each offense, and shall be liable for injury and damages done.

Concerning animals.

XXVI. Any person tying horses or cattle in such a manner that the animals maybe on the public roads and paths, or so that the ropes may extend across said roads and paths, shall be fined not to exceed $2 for each offense of each such animal, and shall be liable for injury and damages done.

This regulation shall not be so construed as to apply to horses and vehicles in waiting in front of any premises, provided that the same do not in any way obstruct the free passage of the road.

Dated Apia, October 3, 1884.

XXVII. For stray animals within the municipality of Apia the fines shall be as follows, viz:

For a horse, not to exceed	$5 00
For a bull, not to exceed	5 00
For a cow or a calf, not to exceed	3 00
For a pig or a hog, not to exceed	1 00
For a sheep, not to exceed	25
For a goat, not to exceed	25

and the owner shall be liable for injury and damages done.

Concerning public exposure.

XXVIII. The police are hereby authorized and instructed to warn any one when necessary against the indecent exposure of his person in public, and against committing any nuisance in any public place under penalty of being fined not to exceed $5 for each such offense, or of being imprisoned with or without hard labor not to exceed six days.

Concerning public gatherings.

XXIX. Public assemblies of Samoans from districts outside the Tuamasaga territory will not be allowed within the municipality of Apia without special permission from the municipal board. And on all such occasions the discharge of fire-arms is hereby prohibited when other than blank cartridges are used.

Concerning prisoners and deserters.

XXX. Any one harboring or concealing any escaped prisoner or deserter from a ship of war or merchant vessel shall be fined not to exceed $10, or imprisoned not to exceed twelve days with or without hard labor, for each offense.

XXXI. Any one aiding a prisoner to escape or a sailor to desert from a vessel shall be fined not to exceed $10, or shall be imprisoned with or without hard labor not to exceed twelve days.

Concerning assaults upon public officers.

XXXII. Any one assaulting or in anywise molesting any member of the municipal board shall be fined not to exceed $200, or shall be imprisoned with or without hard labor not to exceed six months, or shall be fined and imprisoned not to exceed the before-mentioned penalties.

Conctrning taxes.

XXXIII. A tax of 1 percent, shall be levied on the real value of all bouses and lands, except churches, hospitals, and schools within the town and district of Apia, payable to the treasurer quarterly in advance.

LXXXIII. So much of Regulation XXXIII as applies to the property of Samoans, or other natives of the Pacific Ocean, is hereby repealed, and a poll tax of $1 per annum, payable in advance, shall be levied on all male adult Samoans, or other male adult islanders of the Pacific Ocean resident within the municipality.

LXXXVI. Any person who shall neglect or refuse to comply with the provisions of municipal Regulations XXXIII, XXXIV, and LXXXIII, shall on conviction be fined not to exceed $100, or in default to be imprisoned not to exceed seventy-five days.

XXXIV. All male persons of the age of twenty-one years, except ministers of the gospel, priests, teachers, and representatives of foreign Governments, not paying taxes or licenses otherwise, shall pay a head tax of $1 each annually in advance.

Concerning police.

XXXV. There shall be one chief of police for the municipality of Apia, and as many subordinates as may be necessary to preserve good order and to protect the lives and property of those within the municipality.

XXXVI. All policemen shall be appointed by the municipal board, and shall be subject only to their authority and instructions and hold office during their pleasure.

XXXVII. The chief of police shall have the right to nominate his subordinates, but their appointment must be confirmed by the municipal board; or said nominations may be rejected by the municipal board who may then nominate and appoint such subordinate policemen as they deem most suitable.

XXXIX. There shall be a place where the chief of police can be found when not on duty, and his subordinates shall report to him at such times and places as he may direct.

XL. Any member of the police force who shall receive any remuneration, other than his salary, for any official service, shall pay the same to the municipal board, or be liable to be dismissed.

XLI. Any person interfering with a police officer in the discharge of his official duties shall on conviction be fined not to exceed $50, or shall be imprisoned with or without hard labor not to exceed six weeks for each offense, or shall be both fined and imprisoned.

XLII. Any policeman who shall leave the service without permission, or without a fortnight’s previous notice of his intention to do so, shall forfeit his wages, and may be punished otherwise.

Dated at Apia, Samoa, December 31, 1879.

Concerning supervisors.

XLIV. The supervisors are hereby authorized to hold stated meetings on the first Monday in each month.

XLV. The supervisors shall keep a minute book of their meetings, and report once a quarter all business transactions to the municipal board; and publish annually the first week in January in the local newspaper a full report of the receipts and disbursements on account of the municipality during the past year.

XLVI. So much of Municipal RegulationIV, Vol. I, No. 1, 1879, as says, “and as their office is an honorary one, they shall not receive any compensation,” is hereby repealed, and each supervisor shall be paid for his official services, when the funds of the municipality will admit of it, $5 for every day on which they hold a meeting.

XLVII. The supervisors shall examine and recommend to the municipal board for allowance, or otherwise, all accounts and claims against the municipality.

XLVIII. The supervisors are hereby authorized and empowered today out and direct a survey of all roads, streets, and alleys necessary for the public convenience and health within the municipality, and to make the same of an uniform width and even grade as far as possible. They shall also make drains and put in sewers where required, and establish ferries or construct bridges according to public need, or let contracts for the above-named improvements.

XLIX. The supervisors are hereby empowered to lease or purchase any real or personal property necessary for the town and district of Apia, provided no purchase of real property shall be made unless the value of the same be precisely estimated by three disinterested persons to be appointed by the municipal board.

L. The supervisors are hereby authorized to lease or erect and furnish a courthouse, jail, hospital, and such other public buildings as may be necessary, and to keep the same in repair.

LI. The supervisors shall act as a board of equalization, and, within ten days after the assessor has reported the assessment completed, they shall give public notice at least ten days before the time when and where they will meet to hear and determine any complaints in regard to the assessment, and to make such changes therein as they may deem necessary in order that justice may be done.

LII. The supervisors shall control the prosecution and defense of all suits to which the municipality is a party.

LIII. No person shall sue the municipality in any case or for any demand, unless he shall first present his claim or demand to the supervisors for allowance. If the demand is rejected the municipality may he sued, and if in such action the plaintiff fail to recover more than the supervisors offered to allow he shall not recover costs.

LIV. Any tax-payer or license-holder may appear before the supervisors and oppose any claim or demand whatsoever.

LV. The supervisors are hereby authorized to draw drafts on the treasurer to defray public expenses approved by the municipal board.

Concerning the treasurer.

LVI. The treasurer shall receive and take charge of all moneys payable to the municipality, and give receipts for the same.

LVII. The treasurer shall not pay out any such moneys except on a draft of the supervisors approved by the municipal board, or on a written order from the municipal board.

LVIII. The treasurer shall keep an account of all moneys received and disbursed, which account he shall render to the municipal board at their meeting on the first Friday of each quarter.

Concerning the magistrate.

LIX. The magistrate’s court shall be open every day in the week (except Sundays, Christmas, New Year’s Day, Good Friday, Boxing Day, March 22, May 24, and July 4) for the hearing of cases between the hours of 10 a. m. and 4 p. m.

LX. The magistrate shall hand over to the municipal board for examination the minute book of the magistrate’s court at their sitting on the first Friday in each month.

LXI. The magistrate shall hold his court at such place as maybe provided for him.

LXII. The magistrate shall hold his office during the termfor which he is appointed by the municipal board.

Concerning the port of Apia.

LXIV. All vessels (except those belonging to the Samoan Group and engaged in the inter-island or coasting trade) coming into and leaving the harbor of Apia shall take the pilot licensed by the municipal board.

LXV. The pilotage shall be at the rate of $1 per foot draught of water in, and $1 per foot draught of water out of port, and the pilot may arrange with any captain for extra service, towing, use of boat, &c.

LXVI. All vessels coming into the port of Apia shall be anchored in such a position as the pilot may direct.

Alteration in Regulation LXVI.

To read after the first sentence:

For changing any vessel from her moorings from one part of the harbor to another, the pilot shall receive $ 5.

Dated, Apia, May 2, 1884.

LXVII. The master of any vessel desiring to change her from one place in the harbor to another shall notify the pilot, who shall direct the removal, unless he has good and sufficient reason to the contrary.

LXVIII. The pilot may order the removal of any vessel so anchored as to obstruct the navigation in or out of the harbor, or for any other good and sufficient reason; and any master of a vessel who shall refuse to comply with such order shall be liable to a fine of ten (10) dollars.

LXIX. The throwing of ballast into the harbor is hereby strictly prohibited. And all masters, or persons in command of vessels arriving in the port of Apia, and having ballast to discharge, shall notify the pilot who will inform them where to deposit the same; and the pilot shall take such precautions as he may deem necessary, when any vessel is receiving or discharging ballast, to prevent the same from falling into the harbor. And if any master or mate of a vessel receiving or discharging ballast shall neglect the necessary measures to prevent the same from falling overboard, on complaint of the pilot a policeman shall be placed on board such vessel at the vessel’s expense to observe and report such carelessness or neglect, and the master of such vessel shall on conviction be fined for the first offense not to exceed one hundred (100) dollars, nor less than ten (10) dollars and costs of suit, and fox each subsequent conviction the fine shall be doubled.

LXX. If any master or person in command of any vessel shall have reason to complain of any action of the pilot he shall make such complaint to the municipal board.

LXXI. A printed copy of the above regulations shall be handed by the pilot to the master or person in command of every vessel which he may bring into port.

Dated Apia, Samoa, January 12, 1880.

Concerning communications.

LXXII. All communications intended for the municipal board should be addressed to the secretary, Thomas M. Dawson, U. S. consul, Apia, Samoa.

Done at Apia, Samoa, January 12, A. D. 1880.

Municipal board of the town and district of Apia.—Zembsch, Imperial German consul-general; Thomas M. Dawson, United States consul; J. Hioks Graves, Her Britannic Majesty’s, consul.

Concerning the city front.

LXXV. Since it is desirable for the public health that the sea-breeze should circulate freely through the town and not be intercepted by buildings near the water along the shore of the harbor, all persons are hereby warned against erecting or repairing buildings or structures of any kind whatever on the north or sea-side of the present public road between the store of Thomas Throod in Matafele, and the store of Messrs. Euge, Hedeman & Co., Matautu, without special permission from the municipal board, which permission will only be granted for the erection of boat-houses and similar small structures near the water. Any violation of this regulation shall be punished by a fine not exceeding $100, or three months’ imprisonment with or without hard labor.

Dated Apia, Samoa, January 30, A. D. 1880.

Concerning offenses.

LXXVI. Any person who shall commit any of the offenses specified in the schedule hereto annexed shall be liable to punishment by fine or imprisonment or both of such penalties within the limits prescribed and set opposite to such offense in the said schedule.

Schedule.

Offense.	Penalty.
	Fine.		Imprisonment with or without hard labor.
	Maximum.	Minimum.	Maximum.	Minimum.
			Days.	Days.
Burglary or housebreaking	$200	$10 00	180	12
Breach of the peace or riot	15	1 25	18	1½
Language or conduct calculated to provoke a breach of the peace	15	1 25	18	1½
Assault (except as provided in Regulations XXXII	25	1 25	30	1½
Challenging to fight, or two or more persons fighting	15	1 25	18	1½
Keeping a disorderly house	10	1 25	12	1½
Petit larceny (stealing personal property under the vain a of $50, or theft or receiving stolen goods	50	5 00	60	6
Malicious injury and cruelty to animals	*25	*1 25	30	1½
Malicious injury to proprety	*25	*1 25	30	1½
Malicious injury to property	10	1 25	12	1½
Obscene or profane language in a public place	10	1 25	12	1½
Perjury			90	30
Illegal detention of animals or personal property	5	1 25	6	1½

* And damages.

Dated Apia, Samoa, February 21, A. D. 1880.

Concerning the municipal board.

LXXVIII. Each of the consuls shall appoint a representative of his nation who shall be a member of the municipal board, and each nation having a treaty with Samoa and a consul at Apia, shall also be represented on the municipal board by one of that nation.

LXXX. The consular members of the municipal board will hereafter act as an appellate court to hear all appeals from the magistrate’s decisions, and they must approve all regulations for the government of the municipality before they can be issued or have any binding force upon their countrymen.

Dated at Apia, Samoa, March 8, 1880.

Concerning trading vessels.

LXXXIV. The captain, owner, or supercargo of every vessel entering the waters of the municipality for the purpose of trading shall take out a license within twenty-four hours after arrival. Licenses may be obtained from the treasurer on payment of the sum of $10. Any breach of this regulation shall be punished by a fine not to exceed $200.

LXXXV. A printed copy of the preceding regulation shall be furnished by the pilot to the master or supercargo of each trading vessel on her arrival in harbor.

Dated at Apia, Samoa, May 12, 1880.

Concerning appeals.

LXXXVII. After the hearing and decision of any complaint by the municipal magistrate every person against whom judgment is rendered shall be entitled to appeal from such decision to the consular members of the municipal board, provided always that such appeal shall be made by notice given to the municipal magistrate within one week from the date of such decision; provided further that in all cases where the decision appealed against imposes fine or imprisonment security shall be given by the appellant to the municipal magistrate that he will comply with the decision which the appellate court shall pronounce upon such appeal. Upon such notice and security being given as aforesaid the execution of the municipal magistrate shall be postponed pending the appeal. All appeals shall be heard by the appellate court at as early a date as shall be possible after the date of the said notice of appeal, and persons concerned shall be notified of such hearing. No appeal shall lie on account of any defect in form. If it shall appear to the appellate court that any appeal has been made upon frivolous grounds, then, and in such case, payment of costs may be placed upon the appellant by the court. The appellate court may upon the hearing of any appeal rehear the evidence adduced in the court below or may not, and may refer the case to the magistrate for rehearing, and may alter, amend, or annul the decision of the magistrate. The costs of hearing an appeal shall not exceed $25.

Dated at Apia, Samoa, June 25, 1880.

Concerning Samoan warriors.

LXXXVIII. In view of the present civil war in Samoa, the municipal board of Apia, a cting under Article IX of the convention of September 2, 1879, by which they are authorized in case of civil war to “frame and issue such regulations as may be considered necessary for the support and maintenance of neutrality” within the neutral territory, hereby adopt as municipal regulations for neutral territory the following regulations as promulgated by the Government of Samoa.

LXXXIX. Ua matua sa lava se tagata tau e toe sau i totonu o le Eleele Sa, ma ni auupega e fai ai taua.

XC. Ua faasaina foi se tagata tau e sau tafatafao vale i le Eleele Sa.

XCI. Afai e iloa se tagata tau i le Eleele Sa, ia taofia e Leoleo, ma ia fesili i ai poo lea lana feau. Afai o se feau tatau, ua lelei; ae afai o se feau faatauvaa, a ua le moe i le Eleele Sa. Afai foi o se mai ia faaalia i Leoleo lea mai pe moni.

XCII. Afai ua tonu o le feau faatauvaa ma ua le faalogo foi o ia i le faatonu ale leoleo, ia taofia e le Leoleo lea tagata.

XCIII. Afai e faamasinoina ma ua tonu ua ana solia se fuaiupu o lenei tulafono, e faasalaina o ia e le sili i le lima o tala, pe tuu i le fale puipui e le sili i aso e ono ma faigaluega mamafa, pe leai.

XCIV. E amata ona faasaina lenei tulafono i le vai aso e lima i le afiafi taeao.

XCV. E le faasaina mai ma manua e aumai i le fomai.

XCVI. E le faasaina foi le faatau o ie ma Tapaa, ae le mafai lava ona moe iinei, e faapea foi vaa e aumai ai mea e ’ai e le sili i tagata e toalua. Afai o se vaa tele e le sili i tagata e toafa. Ua faia e Taimua ma Faipule.

MALIETOA LAUPEPA,
Le Sui Tupu.

Dated at Apia, Samoa, December 4, A. D. 1880.

Concerning quarantine.

XCVII. A health officer shall be appointed for the municipality of Apia, who shall act under the quarantine laws passed by the municipal board.

Public officers, 1881.

XCVIII. Mr. H. Martin Euge having been elected treasurer, and Mr. Henry G. Hayes collector for the municipality of Apia, for the year 1881, at a public meeting of the for eign residents of Apia, held in the court-house on December 29, 1880, their election is hereby approved.

XCIX. Messrs. H. M. Ruge, James Laurenson, and Henry G. Hayes are hereby appointed members of the municipal board for the town and district of Apia till January 1, 1882.

Dated at Apia, Samoa, December 31, A. D. 1880.

ZEMBSCH,
Imperial German Consul-General.

THOMAS M. DAWSON,
United States Consul.

J. HICKS GRAVES,
Her Britannic Majesty’s Consul.

Taxes, 1881.

C. Regulations XXXIII and XXXIV, vol. I, No. 2, January 7, 1880, municipal regulations, are continued in force for the year 1881, and the municipal board will meet at the court-house in Matafele on the first Monday in February, at 10 a. m., to sit as a board of equalization to adjust any changes deemed desirable in the tax-roll according to the assessment of last year.

Quarantine.

CI. The health officer of Apia shall receive a fee of $2.50 for every vessel which he boards under the quarantine regulations, and the free use of a boat to and from such vessels. All other services of the health officer shall be paid for extra. All expenses caused to the municipality on account of any such vessel under the quarantine regulations shall be defrayed by such vessel.

Samoan warriors.

CII. All arms found on any Samoan warrior within the neutral territory shall be seized by the police, delivered to the magistrate, and disposed of in such manner as the municipal board shall direct.

I le talitane.

CIII. Afai o se fafine Samoa e talitane auā e totogi o ia, ona aluatu ai lea i le Ofisa su’e ma’i e mau i Apia o le atu tasi i le vai aso sa taitasi uma. e maua le tusi e faapea i ai, o lenei fafine e le ma’i afi poo se ma’i faapena. E totogi afatala lenā fafine i le tusi. Afai se fafine e solia lenei sauniga e faasalaina o ia e le sili i tala e lua sefulu ma le lima ($25) i se soliga e tasi.

Dated at Apia, Samoa, January 18, A. D. 1881.

Municipal board of the town and district of Apia—Zembsch, Imperial German consul-general; Thomas M. Dawson, United States consul; J. Hicks Graves, Her Britannic Majesty’s consul; H. Martin Euge, James Laurenson, Henry G. Hayes.

notice.

The foreign residents of the town and district of Apia are hereby invited to attend a public meeting at the court-house in Matafele, on Wednesday evening, December 29, at 8 o’clock, to elect a treasurer and a collector for the municipality of Apia for the ensuing year, each of whom will be required to give bonds in the sum of $2,000, and will not, by virtue of their election, be members of the municipal board.

Dated at Apia, December 23, A. D. 1880.

ZEMBSCH,
Imperial German Consul-General.

THOMAS M. DAWSON,
United States Consul.

J. HICKS GEAVES,
Her Britannic Majesty’s Consul.

January 29, 1881.

CIX. Section 1. A quarantine commission for the municipality of Apia is hereby appointed, consisting of the three consuls, who shall give orders in regard to vessels to be kept in quarantine as each case may require.

Sec. 2. To prevent the introduction of infectious or contagious diseases in the towm of Apia, no communication, except by signal, shall be held with or from any vessel coming from beyond Samoa into the waters of the municipality of Apia, before the master of each vessel has signed the certificate and bond hereto attached, or before the health officer has admitted such vessel to pratique.

Sec. 3. The pilot, or his substitute, shall go to every vessel nearing this port and coming from beyond Samoa, approaching her on the windward side, taking with him a yellow flag. Before boarding any such vessel he shall have a blank certificate and bond, in the form hereto attached, delivered to the master. Upon completion, signing, and delivering of said certificate and bond, the pilot may board the vessel, and she may enter the port.

Sec. 4. In case the master declines to subscribe the certificate and bond the pilot shall not go on board, but shall direct the master to hoist a yellow flag at the fore (if there is no yellow flag on board the vessel the pilot shall supply the same) and to remain off the port or proceed to the appointed quarantine ground or elsewhere, and anchor where the pilot may direct, and the pilot shall at once report to the health officer.

Sec. 5. Provided always that the pilot may board a vessel under any circumstances if by his not doing so her safety would be endangered. Should the pilot have been obliged to board a vessel coming from beyond Samoa, the master of which declines to sign the certificate and bond, then the pilot shall order the yellow flag to be hoisted and remain on board until the health officer has admitted the vessel to pratique, or has disinfected the pilot, his boat’s crew, and boat properly, according to circumstances, and has given permission to the pilot to leave.

Sec. 6. The master of any vessel coming from beyond Samoa shall hoist the yellow flag immediately after being directed so to do by the pilot, and shall keep the same hoisted until the health officer has admitted the vessel to prahtique and ordered the yellow flag to be hauled down; and the master or other officer of such vessel shall not allow any communication with or from such vessel except by signal or by the health officer until she has been admitted to pratique by the health officer.

Sec. 7. The health officer on seeing a vessel hoist the yellow flag or on receiving information from the pilot, shall proceed to the vessel and approach her to windward within speaking distance. He shall then by questioning the master ascertain the reason why the former declines to sign the certificate and bond.

Sec. 8. If from the answers of the master he has good reason to suspect that the vessel has any contagion on board, he shall order the vessel to remain in quarantine, to keep the yellow flag hoisted, and he shall at once report to the quarantine commissioners, who shall meet as soon as possible to investigate the case and decide according to circumstances.

Sec. 9. If the health officer has good reason to believe that there is no contagion on board such vessel he may go on board and examine her bill of health, her log-book and journal, and inspect her crew and passengers.

Sec. 10. If the health officer finds after inspection that there is no danger of any contagion being on board, he may admit the vessel to pratique and order the yellow flag to be hauled down.

Sec. 11. If he finds there is danger of any contagion being on board he shall order the vessel to remain in quarantine, to keep the yellow flag hoisted, and he shall report to the quarantine commissioners, taking good care after leaving the ship to disinfect himself and his boat’s crew and boat, as circumstances may require, before he lands or communicates with any other vessel or boat.

Sec. 12. Every master and every surgeon of any vessel which shall have sailed from a place where there shall have existed at the time of such sailing any infectious or contagious disease, or which shall have communicated otherwise than by signal with any vessel or place in which such contagious or infectious disease existed, shall make a true declaration of such circumstances to the pilot and health officer, who shall come on board or alongside such vessel.

Sec. 13. Every master or surgeon of a vessel which shall have on board any person affected with any contagious or infectious disease shall declare the same to the pilot and health officer, and shall not attempt to conceal from the health officer any person so affected, and shall, bring every person on board such vessel before the health officer at his request for inspection, and the master of any vessel shall, on the demand of the health officer, produce for inspection by him the log-book and journal of such vessel.

Sec. 14. Every person on board of any vessel arriving at the port of Apia shall answer truthfully and without evasion any question that may be put to him by the health officer or pilot in order to find out “whether there is danger of any contagion being on board such vessel.

Sec. 15. No person, save as hereinbefore provided, shall approach or leave any vessel on board of which the yellow flag is Hoisted until she has been admitted to pratique by the health officer and the yellow flag has been hauled down.

Sec 16. A quarantine fee shall be paid by all vessels coming from bayond Samoa, as follows: Vessels whose tonnage does not exceed 50 tons, 50 cents; vessels whose tonnage is over 50 tons and does not exceed 100 tons, $1; vessels whose tonnage exceeds 100 tons shall pay $1 more for every 100 tons or fraction thereof, and such fee shall be paid to the treasurer of the municipality.

Sec. 17. Any person committing a breach of any of the above quarantine regulations shall, on conviction, be punished by a fine not to exceed $200, or by imprisonment, with or without hard labor, not to exceed six months, or by both these penalties.

Sec. 18. All expenses caused to the municipality by any vessel with regard to quarantine shall be borne by such vessel, or by the master, owners, agents, or consignees thereof, and such vessel or persons shall be held responsible for the recovery of such expenses.

Sec. 19. Should any of the statements contained in the certificate signed by the master of any vessel be proved to be untrue, then the master of such vessel shall forfeit the sum stated in the bond, or any part of such sum according to the decision of the quarantine commissioners, and such sum shall be recoverable in the manner provided by section 17.

Sec. 20. All forfeits or fines levied or paid for breaches of quarantine regulations shall be paid to the municipal treasurer, to the credit of the quarantine fund, which shall be used by the municipal board to defray public expenses with regard to the public health of the municipality.

Sec. 21. No owner or any person whatever on board or connected with any vessel put in quarantine, nor any person importing or exporting or intending to export any goods or cargo in any such vessel shall have any claim against the municipality for detention or any loss or expense incurred in connection with quarantine.

Dated at Apia, Samoa, April 1, A. D. 1881.

The quarantine commission of the municipality, as appointed by Regulation CIX, issue this new regulation.

Concerning infection.

1. Any one having any infectious disorder on his premises, and not declaring such to the secretary of the board, shall be liable to a fine of $200 or six months imprisonment.

2. It shall be lawful for the quarantine commission, on the report of the health officer, to declare any premises infected, to cause them to be isolated, and to have the quarantine flag hoisted thereon. No communication with the outside must then be held, except through a properly appointed channel, under a penalty of $200 or six months imprisonment.

3. Any one from the outside found communicating with the infected premises, except through the appointed channel, will be liable to a fine of $200 or six months’ imprisonment. He will also remain in quarantine.

4. The isolation will terminate on the favorable report of the health officer. Dated at Apia, Samoa, July 4, 1884.

CXI.—The pilot shall receive at least $5 pilotage from every vessel he boards under the quarantine regulations.

Dated, Apia, Samoa, April 29, A. D. 1881.

certificate and bond.

I, — —, master of the —, of —, hereby most truly declare that the name of the port at which the vessel under my command originally cleared from for the present voyage was —, which port I left — days ago.

No epidemic or infectious or contagious disease existed at the said port or in its vicinity within a short time previous to my departure, nor has this been the case at any other port or ports at which I I have since called.

No person on board my vessel has been seized by or died of any infectious or contagious disease during my present voyage, nor have I heard of any such disease on board of any vessel that I have communicated with on my way to this place.

I hereby bind myself in the sum of $1,000 for the truth of the above statements, to be forfeited if after investigation by the quarantine commissioners of the municipal ity of Apia any one of such statements be found to be untrue.

Given on board the —, this — day of —, 188–.

— —,
Master.

Samoan warriors.

CII. All arms found on any Samoan warrior within the neutral territory shall be seized by the police, delivered to the magistrate, and disposed of in such manner as the municipal board shall direct.

I Le Talitane.

CIII. Afai o se fafine Samoa e talitane auã e totogi o ia, ona alu atu ai lea i le Ofisa su’e ma’i e mau i Apai o le atu tasi i le vai aso sa taitasi uma e maua le tusi e faapea i ai, o lenei fafine e le ma’i afi poo se ma’i faapena. E totogi seleni e tasi lenã fafine i le tusi. Afai se fafine e solia lenei sauniga e faasalaina o ia e le sili i tala lua sefulu ma le lima (25) i se soliga e tasi poo tunina o ia i le fale puipui e le sili i aso e tolugafulu.

Dated at Apia, Samoa, March 5, 1881.

Concerning violations of the neutral territory.

CXII. If the consuls receive informations that a violation of the neutral territory has been committed they shall inquire into the matter and if, after inquiry, they are of opinion that such violation has been committed, they shall summon the person or persons accused of committing such violation before them and try him or them in conjunction with the native judge. Any person convicted of a violation of the neutral territory shall be punished by a fine not exceeding $200, or imprisonment not exceeding six months, with or without hard labor, or by both fine and imprisonment not exceeding the above-mentioned penalties. This regulation shall not apply to offense against Regulations LXXXIX to XCVI inclusive. Dated at Apia, Samoa, May 6, 1881.	CXII. Afai e faalogo Konesulate uma ua solia le Eleele Sa, latou te suesueina, ma ua taofi ua solia, ona faaali atu ai lea i le tagata e toatasi, poo tagata e toatele ua molia. Ua latou solia e o mai i lurna o Konesulata e fai ai le faamasinoga o lea tagata e toatasi poo tagata e toatele e faatasi ma le faamasino Samoa, o se tagata ua iloa tonu ua ana solia le Eleele Sã e faasalaina o ia e le sili i le lua o selau (200) o tala, pe tuu i le fale puipui e fai faigaluega mamafa, pe leai, e le sili i masina e ono, pe faaopoopo ia sala e lua. E le faasaga le tulafono nei i soliga i tulafono e 89 e oo i 96. Ua faia i Apia i Samoa i le aso e 6 o Me 1881.
Concerning the use of dynamite.	O le Tulafono i le Tainamaite e Fana i’a.
CXIV. The use of dynamite or other explosives within the waters of the municipality of Apia for the purpose of killing fish is hereby prohibited. Any violation of this regulation will be punished by a fine not to exceed $25, or thirty days’ imprisonment with or without hard labor.	CXIV. Ua faasaina i le sami o le Muni-sipalite o Apia e faapã ni tainamaite po se tasi mea faapenã e fana i’a. Afai o se tasi tagata e solia lenei tulafono e faasalaina o ia e le sili i tala e lua sefulu ma le lima (25) pe tunina o ia i le fale puipui e le sili i aso e tolu sefulu (30), ma fai iraluega mamafa, pe leai.
Dated at Apia, August 5, 1881.	Ua faia i Apia i le aso e lima (5) o Aokuso, 1881.

Addition to Regulation CXIV.—Concerning dynamite.

The sale of dynamite or other similar explosives to natives is strictly forbidden within the municipality.

No person shall be allowed to keep or sell dynamite or similar explosives until he has given proof to the municipal board that he is able to store it in a light wooden building, distant at least one hundred yardS’from any inhabited house.

Persons wishing to use dynamite or other similar explosive for the removal of wrecks, or other necessary purpose, shall give due notice to the board, will limit the amount to be used, and fix the time for its use. The person using such explosive shall be responsible for all damage caused by the same.

Any infringement of these regulations will be liable to be punished by a fine of $25, or in default of payment by imprisonment for thirty days, with or without hard labor.

Dated at Apia, August 3, 1883.

Concerning trespass.

CXV. Any person found trespassing on, and thereby doing damage to inclosed land within the municipality of Apia, shall on conviction be compelled to make good the amount of damage done, and shall be fined not to exceed $25, or in default be imprisoned for any time not exceeding thirty days, with or without hard labor.

Concerning false pretenses.

CXVI. Every person who shall obtain from any other person with intent to defraud any chattel, money, or valuable security, shall be liable on conviction to a fine not exceeding $100, or to imprisonment, with or without hard labor, not exceeding one hundred and twenty-five days, or to both fine and imprisonment.

Dated at Apia, Samoa, February 6, 1882.

Concerning the magistrate.

CXVIII. The municipal magistrate shall be authorized to punish refractory prisoners, either by a prolongation of their imprisonment or by corporal punishment, the latter not to be inflicted without the consent of the consuls.

CXIX. The magistrate shall not try cases in which he is interested. In such cases he will inform the consuls, who will appoint a magistrate “ad hoe”

Dated at Apia, Samoa, June 2, 1882.

Concerning weeding.

CXX. All occupiers of houses in the town and villages of the district of Apia have to weed and keep clear the space between their houses and the public roads.

They shall also keep in sanitary condition their entire premises.

The chief of police will see that this is carried out.

Any offender shall be liable to be punished by a fine of not more than $10, or imprisonment for not more than twelve days, or by both of such penalties.

Dated, Apia, September 1, 1882.

Concerning public roads.

CXXII. All public roads that existed on 2nd of September, 1879, shall be considered as still open for public use.

Any one having closed such a road shall immediately reopen the same or prove his right to close it to the satisfaction of the municipal board.

Dated, Apia, January 5, 1883.

Concerning registration of land sales.

CXXIII. Persons buying or selling taxable real estate within the municipality of Apia shall record the same in the office of the secretary of the board.

Any breach of this regulation shall be punished by a fine not exceeding $25.

Dated, Apia, February 2, 1883.

Concerning public nuisances.

CXXIV. All public nuisances shall be removed.

1. Anything endangering the safety of public life, health, private or public property shall be considered a public nuisance, and as such be subject to immediate removal on the unanimous order of the municipal board.

2. The magistrate shall give notice in writing to the proprietors or occupants of any property on which a public nuisanqe is, to remove the same.

3. If the removal be not made within a reasonable time the magistrate will in-force this regulation by a fine not exceeding $25, or in default of payment by imprisonment not exceeding thirty days, with or without hard labor, and he will order the removal of the nuisance at the expense of the persons so fined or imprisoned.

4. Any resident of this municipality may make complaint of public nuisances in writing to the secretary off the board, who will communicate the same to the board in session, which will empower the magistrate to order the removal thereof, if proved to be such.

Dated at Apia, Samoa, March 16, 1883.

Concerning Mulivai Bridge.

CXXVII. It is forbidden to ride or drive over the Mulivai Bridge, except at a walking pace.

Any person offending against this regulation will be liable to a fine not exceeding $5, or in default of payment, to be imprisoned with or without hard labor for six days.

Any repetition of such offense shall be liable to a fine not exceeding $10, or twelve days’ imprisonment, with or without hard labor.

Dated Apia, July 6, 1883.

Concerning horses.

CXXVIII. It is forbidden to ride on horseback through the towns of the municipality without a proper bridle. Unbridled horses passing through such towns musbe led.

Any one offending will be liable to a fine not exceeding $5, or six days’ imprisonment.

Dated Apia, July 6, 1883.

Concerning dogs.

CXXIX. The owners of dogs over three month sold, belonging within the municipality, shall register the same in the office of the secretary of the board, and shall take out a license for each one, for which they shall pay the sum of $2 per annum, payable quarterly in advance. Any dog for which a license has not been taken out by the end of the first fortnight of a quarter, and which is loose in the municipality, shall be liable to be destroyed. Any violation of this regulation shall be punished by a fine of $5 or ten days’ imprisonment.

Dated at Apia, October 5, 1883.

Concerning the public peace.

CXXX. The magistrate is empowered, upon complaint of any one resident within the municipality of Apia, and upon proof of sufficient grounds for such complaint, to bind any person over in any sum not exceeding $200 to keep the peace.

The magistrate has to obtain the consent of the consul of the nationality to which the offender belongs before taking any proceedings under this regulation. In the event of the offender having no consular representation, the magistrate shall obtain the consent of the three consuls.

Dated at Apia, Samoa, June 6, 1884.

Concerning cattle.

CXXXI. No cattle shall be slaughtered in any part of the municipality where such proceeding would be likely to create a nuisance.

Any person persisting in so doing, after being warned by the police, will fee liable to a fine not exceeding $50, or to sixty days’ imprisonment.

Dated at Apia, Samoa, June 4, 1884.

Concerning supplying intoxicating liquor to policemen.

CXXXII. Any person supplying intoxicating liquor to a policeman while on duty shall be punished by a fine of not less than $10 and not exceeding $50, or by imprisonment of not less than twelve days and not exceeding sixty days.

Any policeman who shall drink intoxicating liquor while on duty shall be liable to be dismissed from the municipal police force and to forfeit all wages then due to him.

Dated at Apia, October 3, 1884.

Concerning cricket.

CXXXIII. It is strictly prohibited to play cricket on the public road or within 8 fathoms of the public road, such distance to be marked by a rope on all occasions of playing.

Anyone found guilty of a breach of this regulation shall be liable to a fine not exceeding $5, or to imprisonment not exceeding six days.

All damages or injuries received by persons passing on the public road from cricket balls, from wheresoever thrown, shall be paid for by the party throwing or striking the hall.

Dated Apia, November 7, 1884.

Concerning payment of rates.

CXXXIV. After the expiration of the time allowed, any one remaining in arrear oi payment of rates shall, on making a settlement of such payment, pay in excess 25 per cent, over and above the sum due.

Dated Apia, May 1, 1885.

Concerning new buildings.

CXXXV. 1. Before erecting any building at or close to a public road within the municipality of Apia, the permission of the municipal board will have to be applied for by laying before the same the plan of the premises, with a sketch of the building to be erected.

2. No building shall be allowed which might prove an obstruction to enlarging a public road in future.

3. No building as a rule shall be erected in advance of the row of existing buildings.

4. Any building erected in contravention of the present regulation must be removed on the order of the municipal board.

Any contravention of this regulation will be punished with a fine not exceeding $200.

Dated Apia, August 7, 1885.

Concerning buildings.

CXXXVI. 1. All buildings, wooden fences, and walls fronting on any public road within the municipality shall hereafter be erected in accordance with the building and veranda lines determined by the municipal board, a plan of which lines shall be made and kept in the municipal office for inspection.

2. The veranda line shall in no case exceed the distance of 10-feet from the building line as laid down on the plan to be kept on view in the municipal office.

3. No buildings of any description shall be erected in advance of the building line, and no veranda or fence in advance of the veranda line.

4. In the event of the building not being erected on the building line, then it will be permitted to erect a high fence on that line; and in event of no verandah being erected on the veranda line, then an open picket fence not more than 4 feet high may be erected on the veranda line.

5. No offensive buildings, such as water-closets, pigsties, &c., shall be allowed near any public road within the municipality.

6. Any violation of this regulation will be punished by a fine not exceeding $200 or imprisonment for a period not exceeding six months. The building or fence to be removed at the owner’s expense.

Dated Apia, December 24, 1885.

Concerning fireworks.

CXXXVII. No person shall from this date be permitted to fire off any fireworks of any kind on the municipal roads, nor from verandas or balconies abutting onto the same.

Any person violating the above regulation shall be liable to a fine of more than $10 or imprisonment for not more than fourteen days.

Dated Apia, March 5, 1885.

MUNICIPALITY OF APIA.

regulations concerning the port of apia.

LXIV. All vessels (except those belonging to the Samoan group and engaged in the inter-island or coasting trade), coming into and leaving the harbor of Apia, shall take the pilot licensed by the municipal board.

LXV. The pilotage shall be at the rate of $1 per foot draught of water in, and $1 per foot draught of water out of port, and the pilot may arrange with any captain for extra service, towing, use of boat, &c.

LXVI. All vessels coming into the port of Apia shall be anchored in such a position as the pilot may direct. For changing any vessel from her moorings from one part of the harbor to another the pilot shall receive $5.

LXVII. The master of any vessel desiring to change her from one place in the harbor to another shall notify the pilot, who shall direct the removal, unless he has good and sufficient reason to the contrary.

LXVIII. The pilot may order the removal of any vessel so anchored as to obstruct the navigation in or out of the harbor, or for any other good and sufficient reason; and any master of a vessel who shall refuse to comply with such order shall be liable to a fine of $10.

LXIX. The throwing of ballast into the harbor is hereby strictly prohibited; and all masters or persons in command of vessels arriving in the port of Apia, and haying ballast to discharge, shall notify the pilot, who will inform them where to deposit the same; and the pilot shall take such precautions as he may deem necessary, when any vessel is receiving or discharging ballast, to prevent the same from falling into the harbor; and if any master or mate of a vessel receiving or discharging ballast shall neglect the necessary measures to prevent the same from falling overboard, on complaint of the pilot a policeman shall be placed on board such vessel at the vessel’s expense to observe and report such carelessness or neglect, and the master of such vessel shall on conviction be fined for the first offense not to exceed $100, nor less than $10 and costs of suit, and for each subsequent conviction the fine shall be doubled.

LXX. If any master or person in command of any vessel shall have reason to complain of any action of the pilot, he shall make such complaint to the municipal board.

LXXI. A printed copy of the above regulations shall be handed by the pilot to the master or person in command of every vessel which he may bring into port.

Dated Apia, Samoa, January 12, 1880.

Concerning trading vessels.

LXXXIV. The captain, owner, or superoargo of every vessel entering the waters of the municipality for the purpose of trading shall take out a license within twenty-four hours after arrival. Licenses may be obtained from the treasurer on payment of the sum of $10. Any breach of this regulation shall be punished by a fine not to exceed $200.

LXXXV. A printed copy of the preceding regulation shall be furnished by the pilot to the master or supercargo of each trading vessel on her arrival in harbor.

Dated at Apia, Samoa, May 12, A. D. 1880.

Concerning quarantine.

XCVII. A health officer shall be appointed for the municipality of Apia, who shall act under the quarantine laws passed by the municipal board.

CIX. Section 1. A quarantine commission for the municipality of Apia is hereby appointed, consisting of the three consuls, who shall give orders in regard to vessels to be kept in quarantine as each case may require.

Sec. 2. To prevent the introduction of infectious of contagious diseases in the town of Apia, no communication, except by signal, shall be held with or from any vessel coming from beyond Samoa into the waters of the municipality of Apia before the master of each vessel has signed the certificate and bond hereto attached, or before the health officer has admitted such vessel to pratique.

Sec. 3. The pilot, or his substitute, shall go to every vessel nearing this port and coming from beyond Samoa, approaching her on the windward side, taking with him a yellow flag. Before boarding any such vessel he shall have a blank certificate and bond, in the form hereto attached, delivered to the master. Upon completion, signing, and delivering of said certificate and bond the pilot may board the vessel, and she may enter the port.

Sec. 4. In case the master declines to subscribe the certificate and bond the pilot shall not go on board, but shall direct the master to hoist a yellow flag at the fore (if there is no yellow flag on board the vessel the pilot shall supply the same) and to remain off the port or proceed to the appointed quarantine ground or elsewhere, and anchor where the pilot may direct, and the pilot shall at once report to the health officer.

Sec. 5. Provided always that the pilot may board vessel under any circumstances if by his not doing so her safety would be endangered. Should the pilot have been, obliged to board a vessel coming from beyond Samoa the master of which declined to sign the certificate and bond, then the pilot shall order the yellow flag to be hoisted and remain on board until the health officer has admitted the vessel to pratique, or has disinfected the pilot, his boat’s crew, and boat properly according to circumstances, and has given permission to the pilot to leave.

Sec. 6. The mister of any vessel coming from beyond Samoa shall hoist the yellow flag immediately after being directed so to do by the pilot, and shall keep the same hoisted until the health officer has admitted the vessel to partique and ordered the yellow flag to be hauled down; and the master or other officer of such vessel shall not allow any communication with or from such vessel except by signal or by the health officer until she has been admitted to pratique by the health officer.

Sec. 7. The health officer on seeing a vessel hoist the yellow flag or on receiving information from the pilot, shall proceed to the vessel and approach her to windward within speaking distance. He shall then by questioning the master ascertain the reason why the former declines to sign the certificate and bond.

Sec. 8. If from the answers of the master he has good reason to suspect that the vessel has any contagion on board, he shall order the vessel to remain in quarantine, to keep the yellow flag hoisted, and he shall at once report to the quarantine commissioners, who shall meet as soon as possible to investigate the case and decide according to circumstances.

Sec. 9. If the health officer has good reason to believe that there is no contagion on board such vessel he may go on board and examine her bill of health, her logbook and journal, and inspect her crew and passengers.

Sec. 10. If the health officer finds after inspection that there is no danger of any contagion being on board he may admit the vessel to pratique and order the yellow flag to be hauled down.

Sec. 11. If he finds there is danger of any contagion being on board he shall order the vessel to remain in quarantine, to keep the yellow flag hoisted, and he shall report to the quarantine commissioners, taking good care after leaving the ship to disinfect himself and his boat’s crew and boat, as circumstances may require, before he lands or communicates with any other vessel or boat.

Sec. 12. Every master and every surgeon of any vessel which shall have sailed from a place where there shall have existed at the time of such sailing any infectious or contagious disease, or which shall have communicated otherwise than by signal with any vessel or place in which such contagious or infectious disease existed, shall make a true declaration of such circumstances to the pilot and health officer who shall come on board or alongside such vessel.

Sec. 13. Every master or surgeon of a vessel which shall have on board any person affected with any contagious or infectious disease shall declare the same to the pilot or health officer, and shall not attempt to conceal from the health officer any person so affected, and shall bring every person on board such vessel before the health officer at his request for inspection, and the master of any vessel shall, on the demand of the health officer, produce for inspection by him the log-book and journal of such vessel.

Sec. 14. Every person on board of any vessel arriving at the port of Apia shall answer truthfully and without evasion any question that may be put to him by the health officer or pilot in order to find out whether there is danger of any contagion being on board such vessel.

Sec. 15. No person, save as hereinbefore provided, shall approach or leave any vessel, on board of which the yellow flag is hoisted, until she has been admitted to pratique by the health officer and the yellow flag has been hauled down.

Sec. 16. A quarantine fee shall be paid by all vessels coming from beyond Samoa as follows: Vessels whose tonnage does not exceed 50 tons, 50 cents; vessels whose tonnage is over 50 tons and does not exceed 100 tons, $1; vessels whose tonnage exceeds 100 tons shall pay $1 more for every 100 tons or fraction thereof, and such fee shall be paid to the treasurer of the municipality.

Sec. 17. Any person committing a breach of any of the above quarantine regulations shall, on conviction, be punished by a fine not to exceed $200 or by imprisonment, with or without hard labor, not to exceed six months, or by both these penalties.

Sec. 18. All expenses caused to the municipality by any vessel with regard to quarantine shall be borne by such vessel, or by the master, owners, agents, or consignees thereof, and such vessel or persons shall be held responsible for the recovery of such expenses.

Sec. 19. Should any of the statements contained in the certificate signed by the master of any vessel be proved to be untrue then the master of such vessel shall forfeit the sum stated in the bond or any part of such sum, according to the decision of the quarantine commissioners, and such sum shall be recoverable in the manner provided for by section 17.

Sec. 20. All forfeits or fines levied or paid for breaches of quarantine regulations shall be paid to the municipal treasurer, to the credit of the quarantine fund, which shall be used by the municipal board to defray public expenses with regard to the public health of the municipality.

Sec. 21. No owner or any person whatever on board or connected with any vessel put in quarantine, nor any person importing or exporting or intending to export any goods or cargo in any such vessel shall have any claim against the municipality for detention or any loss or expense incurred in connection with quarantine.

Dated at Apia, Samoa, April 1, A. D. 1881.

CXI. The pilot shall receive at least $5 pilotage from every vessel he hoards under the quarantine regulations.

Dated at Apia, Samoa, April 29, A. D. 1881.

That all vessels over 50 tons leaving the port of Apia for any place outside of the Samoan group shall take a pilot and pay pilotage at the usual rate.

Dated at Apia, Samoa, February 1, A. D. 1884.

[Inclosure K 5.]

Municipal treasury account, 1885.

Dr.

Cr.

Revenues.		Expenditures.
To balance of 1884	$1,892 85¼	By salaries and wages accounts:
Assessments	2,223 55¾	To magistrate	$767 82
Special licenses	478 50	To native magistrate	120 00
Store licenses	737 00	To secretary magistrate	129 53
Public-house licenses	684 00	To pilot	1,800 00
Hawkers’ licenses	1 00	To police force	1,311 50
Trading licenses	130 00			$4,128 85
Dog licenses	73 50	By contribution to King Malietoa		260 00
Fines	666 25	By commission account:
Prisoners’ labor	105 62½	To treasurer	$207 65
Cemetery account	80 00	To collector of taxes	106 11
Pilotage.	1,713 00	To collector of fines	66 08
Quarantine fees	216 50			379 84
House rent of pilot station	156 00	By bridge-toll four months		10 00
Mail-service subscriptions	1,047 50	By court-house rent		120 00
Extras	2 38	By jail-ground rent		36 00
		By pilot-station ground rent		30 00
		By mail-service account		1,672 50
		Br Tutiula west-point lights		43 00
		By medical services		75 00
		By signal flags for pilot		35 00
		By flagstaff in Matautu point		175 22
		By Vaisigago bridge, building and repairing		290 05
		By Mulivai bridge, repairs		44 96
		By Osage bridge, repairs		1 28
		By Apia wharf, repairs		26 06
		By street-lanterns, putting up and maintenance		330 37½
		By prisoners’ food, &c		270 25
		By stationery and printing		128 13
		By assessor of property		5 00
		By plan of Apia by Th. Maben		30 00
		By indemnity to Grevsmuhl, Crawford & Co.		100 00
		By extras		50 33
	10,207 66½	By balance		1,965 82
Total balance	1,965 82			10,207 66½
Examined and found correct. THOMAS TROOD. Apia, December 31, 1885.		H. MARTIN RUGE. Treasurer.

[Inclosure K 6.]

No.	Name.	Description.	Amount.
1	D. H. & P. G	Store license	$25 00
2	Do	do	9 00
3	H. M. Ruge & Co.	do	25 00
4	Grevsmuhl Crawford & Co.	do	12 00
5	do	do	3 00
6	Rosenberg	do	9 00
7	S. Dean	do	9 00
8	McArthur & Co.	do	25 00
9	D. S. Parker		9 00
10	H. J. Moors & Bros		9 00
11	T. Trood		6 00
12	do		3 00
13	Ah Sue		6 00
14	P. H. Krause		6 00
15	Mr. Voight		6 00
16	E. L. Hamilton		6 00
17	Mrs. Volkmann		3 00
18	C. Netzler		3 00
19	Wm. Johnston		3 00
20	J. Mooney		$3 00
21	E. Woods		3 00
22	do		3 00
23	J. Latapie		3 00
24	Ling Sing		3 00
25	P. Fabricious		3 00
26	L. Laferrier		3 00
27	Grevs. Crawford & Co		3 00
28	E. W. Gurr & Co		6 00
29	J. Ryan		3 00
1	Thos. Meredith	Hotel licenses	36 00
2	Grevs. Crawford & Co	do	30 00
3	Thos. Schmidt	do	30 00
4	J. Johnsen	do	30 00
5	P. Fabricius	do	30 00
6	J. Laferrier	do	30 00
	special licenses.
1	J. Latapie	Carpenter	1 50
2	Wm. Smally	do	1 50
3	H. Fruean	do	1 50
4	King Ye Long	do	1 50
5	H. Rode	do	1 50
6	W. H. Dunn	do	1 50
7	John S. Kelton	do	1 50
8	Martin Ohmson	do	1 50
9	McMillan	do	1 50
10	Aug. Berrens	do	1 50
11	Ling Sing	do	1 50
12	Ah Mann	do	1 50
13	Ah Fa	do	1 50
14	A. Bohnsach	do	1 50
15	F. Miler	do	1 50
16	D. Kenison	do	1 50
17	J. Wilson	do	1 50
18	Pasi	do	1 50
19	Schiller	do	1 50
20	H. Easter	do	1 50
21	Puaa	do	1 50
22	Ah Qui	do	1 50
23	G. Laurenson	do	1 50
24	J. Rosenquest	Carpenter	1 50
25	A. Hettig	Blacksmith	1 50
26	J. Bayerline	do	1 50
27	J. Stoltenbersr	do	1 50
28	G. Hunling	Assistant blacksmith.	75
29	A. Falke	Engineer	1 50
30	J. Axmann	Overseer	1 50
31	J. Stehlen	do	75
32	J. Acosta	Barber	1 50
33	T. Schmidt	Sailmaker	1 50
34	Ah Sue	Butcher	3 00
35	Rosenberg	do	3 00
36	E. Woods	Baker	3 00
37	C. Netzler	do	3 00
38	Grevs. Crawford & Co.	Butcher	3 00
39	John Davis	Photographer	3 00
40	R. Hetherington	Lawyer	15 00
41	J. E. V. Alvord	Auctioneer	6 00
42	J. Heidlen	Surveyor	1 50
43	L. Deigle	do	1 50
44	T. Maben	do	1 50
45	P. Fabricius	Boatman, 1 boat.	1 50
46	Wm. Nelson	Boatman, 2 boats	3 00
47	R. G. Elliott	Boatman, 1 boat	1 50
48	J. Laferrier	do	1 50
49	P. Xavier	Printer	3 00
50	J. H. Denver	Shoemaker	1 50
51	Ah Fa	Cook	75
52	Ah Chong	do	75
53	Lan Fa	do	75
54	Joe Acosta	do	75
55	Ah Ling	do	75
58	Wm. Burckhardt	Clerk	1 50
59	C. Benthein	do	1 50
60	J. Schaunkel	do	1 50
61	C. Dean	do	1 50
62	J. M. Coe	do	75
63	E. V. Wolverdorf	do	75
64	H. Gebaur	do	75
65	A. Frings	Clerk	$0 75
66	R. Schultz	do	75
67	R. Otto	do	75
68	Schultz	do	75
69	Schweikel	do	75
70	J. Anton	do	75
71	E. Burnham	do	75
72	Zurn	do	75
73	A. Constable	do	75
74	J. Rage	do	75
75	Bindeman	do	75
76	Simson	do	75
77	Joe Hamilton	Salesman	75
78	L. Yandall	do	75
79	F. Prichard	do	75
80	M. Scanlon	Overseer	75
81	Spencer	Clerk	1 50
82	Otto Martin	do	1 50
83	W. H. Strut	Carpenter	1 50
84	Fletcher	Clerk	1 50
85	L. Beckmann	do	1 00
86	Bray	Salesman	75
87	Felice	Carpenter	1 50
88	Peter Paul	do	1 80
89	Keop	Clerk	75
90	Otto Landstein	do	75
91	E. W. Gurr & Co	Auctioneer, &c	6 00
92	Ah Sue	Baker	3 00
93	John Ryan	do	3 00
1	D. H. & P. G	Assessment	282 50
2	F Wilson	do	50
3	F. Miller	do	2 25
4	E. Hall	do	1 25
5	Apai (Rarotogan)	do	75
6	E. L. Hamilton	do	7 75
7	Theo. Weber	do	36 25
8	G. Pritchard	do	1 57½
9	J. M. Coe	do	5 25
10	F. Axmann	do	1 00
11	H. M. Ruge & Co	do	53 25
12	Aull’s estate	do	3 75
13	Grevs. Crawford & Co	do	30 25
14	H. P. Paterson	do	2 25
15	Nancy Thomson	do	1 75
16	John	do	25
17	A. Young	do	50
18	Wm. Bruce	do	37½
19	Williamson’s estate	do	2 50
20	U. S. consulate	do	2 25
21	J. M. A. Johnston	do	2 50
22	British consulate	do	25
23	London Mission Society	do	8 75
24	D. H. McKenzie (care of H. J. Wood)	do	5 00
25	Ah Sing	do	1 00
26	Ah Chong	do	1 25
27	C. Fruean	do	3 75
28	Wm. McArthur & Co	do	16 00
29	do	do	8 75
30	E. Woods	do	2 25
31	P. H. Krause	do	6 07½
32	Frank Moors House	do	100
33	Thos. Trood	do	6 00
34	H. J. Moors	do	10 00
35	B. C. Mission	do	16 12½
36	Mary Groth	do	75
37	Wm. Johnston	do	5 90
38	James Devoe	do	25
39	A. R. Decker	do	1 75
40	Wm. Yandall	do	25
41	Neue (Islanders)	do	62½
42	Wm. Coe	do	25
43	Wesley an Mission	do	2 00
44	S. Dean	do	8 75
45	Pito (Rarotoga)	do	37½
46	Tuana (Rarotoga)	do	1 00
47	John S. Kelton	do	1 00
48	German consulate	do	11 50
49	D. S. Parker	do	8 75
50	T. Schmidt	do	6 25
51	Wm. Nelson	House	$0 50
52	J. Johnson	do	3 50
53	J. Davis	do	2 75
54	C. Netzler	do	6 25
55	T. Trood	do	1 75
56	John Ryan	do	87½
57	Ah Sue	do	3 75
58	Mrs. Voight	do	8 75
59	Mrs. Volkmann	do	4 87½
60	Thomas Meredith	do	11 25
61	William Cowley, sr	do	4 50
62	Silver estate (Beetham)	do	2 37½
63	H. Fruean	do	2 00
64	A. Brerer (Periera)	do	1 50
65	Morris Scanlon	do	1 50
66	G. Brown	do	87½
67	William Cowley	do	75
68	Hamamum estate	do	87½
69	A. Campbell	do	37½
70	Mary Marshall	do	2 25
71	Catharine Bartlett	do	37½
72	William Schuler, not here	do	37½
73	Rees estate	do	25
74	California Land Company	do	1 00
75	Man Fiji	do	50
76	John Hunt	do	62½
77	Captain Lyons	do	75
78	J. Bayerline	do	20
79	H. Rohdea	do	20
80	Joe Acosta	do	40
81	McArthur & Co	do	50
82	Ah Lui	do	1 25
83	J. Latapie	do	2 00
84	A. Hettig	do	1 87½
85	German consulate	do	5 00
86	P. H. Krause	do	1 00
87	Wilfred Powell (British consul)	do	10 00
88	E. Yandall	do	37½
89	Peter Paul	do	17½

Report of the Secretary of State.

To the President:

In transmitting to the President, with a view to laying it before the Senate, the general act concerning affairs in the Samoan Islands, which was signed at Berlin on June 14, 1889, the Secretary of State has the honor to make the following observations touching the negotiation of that instrument:

The correspondence transmitted to Congress by President Cleveland on the 8th of February last set forth the acceptance by the Government of the United States of the proposal of Prince Bismarck for the resumption at Berlin of the conference of representatives of the United States, Great Britain, and Germany for the pacific adjustment of affairs in Samoa, which was begun in Washington on June 21, 1887, and suspended on the 26th of the following month.

In a later communication, confidentially addressed to the Senate on the 27th of February last, the President made known the reasons which rendered it advisable to leave to the administration then about to assume office the appointment of representatives of the United States at such renewed conferences.

On the 14th of March last, the President nominated, and on the 18th of the same month appointed, by and with the advice and consent of the Senate, John A. Kasson, of Iowa; William Walter Phelps, of New Jersey, and George H. Bates, of Delaware, to be Commissioners to represent the United States at the conference; and on April 12 following full powers were conferred upon the persons so appointed to meet the Commissioners to be appointed on behalf of Germany and Great Britain for the purpose of considering and adjusting in a friendly spirit all or any questions which should come before the said conference relating to or growing out of the condition of affairs which had lately existed and might still exist in the Samoan Islands affecting the rights, respectively, of the three countries, or their citizens or subjects, in those islands.

The Commissioners received ample instructions touching the nature and scope of the questions which it was thought would demand the attention of the conference, and the views of the President as to the steps proper to be advocated by the United States in settlement of all pending questions connected with Samoa. They were instructed to be governed in the fulfillment of their mission by the most earnest assurance that the Government of the United States desired a speedy and amicable solution of all the questions involved; that while it would steadily maintain its full equality of right and consideration in any disposition of these questions, it was as much influenced by an anxious desire to secure to the people of Samoa the conditions of a healthy, prosperous, and civilized life as it was bound by its duty to protect the rights and interests of its own citizens wherever their spirit of lawful enterprise might carry them; that, in the co-operation of the three Governments, the President hoped and believed that frank and friendly consultation would strengthen their respect for each other, and the result prove that it was not the wish of any of them to subordinate the rights of the native Samoans to the exigencies of a grasping commerce or to the political ambition of territorial extension on the part of any one of the powers maintaining treaty relations with them. They were further instructed that in consenting, at the request of the Emperor of Germany, to reopen, at Berlin, the adjourned proceedings of the Conference of Washington of 1887, the President, while thus manifesting his entire confidence in the motives and purposes of the German Government, desired it to be borne in mind that the step was the continuance merely of the efforts already made toward an adjustment of pending questions, and not the initiation of a new conference on another basis, inasmuch as the Government of the United States could not admit the conditions directly influencing the deliberations of the Conference of Washington to have been changed by any subsequent occurrences in the South Pacific.

The subjects as to which the Commissioners were instructed fell naturally under five heads:

(1) They were directed to ask the restoration of the status quo, in order that the disturbance of the equal rights of the powers in Samoa which had been caused by the forcible intervention of Germany and the deportation of Malietoa Laupepa might be removed, and their footing of equality restored. While the President was unwilling to consider that action of Germany, which immediately followed the suspension of the conferences at Washington, as intentionally derogatory either to the dignity or the interests of the other treaty powers, yet he could not but regard it, under the circumstances, as an abrupt breach of the joint relations of the three powers to each other and to the Government of Samoa, and impossible to reconcile with the frank and friendly declaration of the German Government, preliminary to the meeting of the conference of 1887, that it intended to maintain the status as it had theretofore existed and had neither interest nor desire to change an arrangement found satisfactory to the three Governments. The failure to restore that condition under which only, as it seemed to the President, a free choice could be made by the Samoans would not only seriously complicate, but might possibly endanger, that prompt and friendly solution which all the treaty powers so earnestly desired and which is so vital to the safety and prosperity of Samoa itself. Even were it urged that the forcible intervention of Germany had had consequences which could not be disregarded because impossible to undo, the restoration of the status quo appeared necessary to place the powers on that footing of equality which would enable them to provide such future changes as justice and unselfish interest might commend. The restoration of the status quo, however, was not to be submitted as an ultimatum which would close the conference or prevent the President from considering any plan put forward as a substitute.

(2) The organization of a stable governmental system for the islands, whereby native independence and autonomy should be preserved free from the control or the preponderating influence of any foreign government; the assistance of the United States, and equally of Germany and Great Britain, to be given to the natives of Samoa to form and administer their own Government. The President was unable to see how the suggested appointment of a governing adviser, or mandatory, by one of the powers, upon the avowed ground of supposed greater interests, could preserve that absolute equality of consideration which could alone justify the co-operation of the treaty powers, or could protect with adequate security the commercial interests of the separate powers, which are in fact the motive and the purpose of any co-operation. The obligation of the Government of the United States in the South Pacific is to protect the rights and interests of our citizens there resident and engaged in any lawful pursuit. It has no desire to dominate, and every wish to develop and strengthen a stable and just government, free from all occasions of trouble arising from, and fostered into, mischievous activity by the avarice and eagerness of competing merchants and land speculators and the irregular conduct of foreign officials who are, perhaps naturally and excusably but most injudiciously, sympathetic with the prejudices and immediate interests of their resident countrymen. Besides these evils necessarily attending the subordination of Samoan independence to any one predominant alien interest, the United States could not consent to the institution of any form of government in those islands, subject, directly or indirectly, to influences which in the contingencies of the future might check or control the use or development of the right acquired on the part of the United States by lawful treaty to establish a naval station at Pago-Pago and to control its harbor to that end.

Bearing these essential points in mind, it was impressed upon the Commissioners that any intervention of the three powers, which the existing complications might make necessary for administering the Government of Samoa, should be temporary merely, and avowedly preparatory to the restoration of as complete independence and autonomy as is practicable in those islands.

(3) The President was further of opinion that, in any arrangement for the establishment of order and stability in Samoa, too much importance could not be given to the subject of the adjustment of claims and titles to land on the part of foreigners already amounting to more than the whole area of the group and conflicting to a degree involving continual disputes. It was desirable that the ownership of all the lands in the islands should be ascertained and registered; that rules for the trausfer of title should be established, with safeguards against transfers for improper or insufficient considerations; and that, if necessary, a composition should be effected whereby a reasonable proportion of the territory might be saved to the natives. The settlement of the land question on some such equitable and comprehensive bases would give the best possible assurance for the stability and success of any government to be established, because removing the main incentive to its disturbance,

(4) In connection with the subject of land tenure, the necessity of prohibiting or regulating the importation and sale of fire-arms and alcoholic liquors naturally suggested itself, inasmuch as many of the land claims had, without doubt, been obtained by ministering to the weakness and passions of the natives by supplying them with those articles. This reproach to civilization should be removed, either by separate or joint adoption of stringent regulations on the subject.

(5) The question of a municipal administration of Apia, as a foreign settlement, under due reservation of extraterritorial rights, did not come within the scope of specific instructions, inasmuch as a system of joint municipal government, through the consular representation of the three powers, had for several years operated with satisfaction under the municipal convention of Apia, signed by the representatives of the United States, Germany, and Great Britian September 2, 1879. The Government of the United States had, indeed, not become formally a contracting party to that convention through ratification, exchange, and proclamation thereof, but the constant participation of the American consul in the tripartite scheme of foreign government thereby provided gave to the convention itself full recognition, and to the principle involved an abundant sanction. Having no special suggestions to make in this regard, and entertaining confidence in the impartial justice of any measure of foreign municipal control which might incidentally come before the conference, the subject was left to the representatives of the three treaty powers with merely a reference to the indisputable fact that peace and order bad been promoted in the islands by the establishment and maintenance of a neutral territory in and about Apia in the common and harmonious interest of the foreigners residing therein.

The American Commissioners, thus instructed, met in Berlin similarly qualified plenipotentiaries of Germany and Great Britian, with whom nine formal conferences were held between the 29th of April and the 14th of June, 1889, on which latter date the results of their labors were embodied in a general act or protocol, declaratory of the views and purposes of the three powers with regard to—

• First. The independence and neutrality of the Islands of Samoa, the restoration of peace therein, and the guaranty of equal rights to foreigners there resident.
• Second. The modification of existing treaties, and the assent of the Samoan Government to said general act.
• Third. The establishment and definition of the jurisdiction of a supreme court of justice for Samoa.
• Fourth. The investigation and registration of land titles in Samoa.
• Fifth. The administration of the municipal district of Apia.
• Sixth. Taxation and revenue in Samoa.
• Seventh. Restriction of the traffic in fire arms and intoxicants.

The protocols of the several sessions, herewith submitted, show the discussion which took place on each of these important heads, and indicate the successive stages by which the views of the three Governments thereon came into harmony. The result is, in the main, entirely in accord with the instructions under which the American plenipotentiaries acted. It is proper to observe that the matters in respect of which an agreement seemed most difficult were the restoration of the status quo, the formation of a stable government, without preponderance of influence on the part of any of the treaty powers, and the raising of revenue for the maintenance of that government.

As to the first of these points, the chief obstacle to an unqualified renewal of the status which existed when the conferences of Washington were held was found in the reluctance of Germany to admit such a situation as would appear to leave Mataafa, against whom she had declared war, eligible for the free choice of the natives as King. It is confidently believed that the final accord removes these difficulties, and the Samoans themselves, in the exercise of the freedom which they are to continue to enjoy, appear to have effected a practical solution of the matter. Under date of November 8 last the representatives of the three Governments at Apia issued a proclamation recognizing Malietoa Laupepa as King, in conformity with the understanding reached with reference to the restoration of the status quo. This was followed on the 4th of December last by a convocation of representatives of all the different districts of the Samoan group who formally elected Malietoa Laupepa King of Samoa. On the next day, December 5, the consular representatives of the three powers issued a proclamation formally recognizing the King so elected. Copies of these two proclamations are appended, together with a report from the commanding officer of the U. S. S. Adams, at Apia, in relation to the election of a King and the announced acceptance of the result by Tamasese.

On the second point, the danger of preponderating influence on the part of any one of the three powers is obviated by taking the chief foreign adviser and judge from a neutral nation. The revenue question has been adjusted, with a due regard to the limited resources of the natives and the obligation of the three powers to share in the burden which, by force of circumstances, it has been necessary to impose in protection of their common interests and for the maintenance of peace and order.

With this brief exposition, the undersigned, Secretary of State, has the honor to place before the President the general act of Berlin of June 14, 1889, in relation to the Islands of Samoa, to the end that it be laid before the Senate for its advice and consent to the ratification thereof. It is hoped that this act may be conducive to the good government of Samoa under native autonomy, and to the lasting settlement of the vexed questions which have agitated the three powers in their complex relations to these islands.

With the general act is transmitted, for the information of the Senate, copy of a note from the Imperial German envoy, dated June 29, 1889, calling attention to the circumstance that, through a mistake of the printer, the fourth paragraph of section 2, Article V was repeated in the signed instrument, and proposing, on behalf of the German Government, that when the general act shall be ratified and proclaimed the repetition of the paragraph referred to shall be omitted. As such omission can not in any wise alter the stipulations of the act, or take away any of its provisions, it does not appear necessary to resort to formal amendment in correction of the error.

The repeated passage will be omitted, as proposed, when the general act shall be proclaimed.

Respectfully submitted.

James G. Blaine.

Department of State,
Washington, January 7, 1890.

accompaniments.

(1) General act, signed at Berlin, June 14, 1889, by the plenipotentiaries of the United States, Germany, and Great Britain, in regard to the neutrality and autonomous government of the Samoan Islands, and providing for equal rights therein of the three Governments and their citizens and subjects.

(2) Printers’ copy of same.

(3) Protocols of the conference of Berlin, 29th April to 14th June, 1889.

(4) Proclamation by the consular representatives of the United States, Germany, and Great Britain, dated Apia, November 8, 1889.

(5) Report of commander of U. S. S. Adams, dated December 5, 1889, with annexes, including proclamation by consular representatives of the United States, Germany, and Great Britain, dated Apia, December 5, 1889, recognizing Malietoa as elected King of Samoa.

(6) Note from the Imperial German envoy to the Secretary of State, June 29, 1889.

general act of the conference at berlin.

The President of the United States of America, His Majesty the Emperor of Germany, King of Prussia, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India,

Wishing to provide for the security of the life, property, and trade of the citizens and subjects of their respective governments residing in, or having commercial relations with, the Islands of Samoa, and desirous at the same time to avoid all occasions of dissension between their respective governments and the Government and people of Samoa, while promoting as far as possible the peaceful and orderly civilization of the people of these islands, have resolved, in accordance with the invitation of the Imperial Government of Germany, to resume in Berlin the conference of their plenipotentiaries which was begun in Washington on June 25, 1887, and have named for their present plenipotentiaries the following:

• The President of the United States of America:
  • Mr. John A. Kasson,
  • Mr. William Walter Phelps,
  • Mr. George H. Bates;
• His Majesty the Emperor of Germany, King of Prussia:
  • Count Bismarck, minister of state, secretary of state for foreign affairs,
  • Baron von Holstein, actual privy councillor of legation,
  • Dr. Krauel, privy councillor of legation;
• Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India—
  • Sir Edward Baldwin Malet, Her Majesty’s ambassador to the Emperor of Germany, King of Prussia,
  • Charles Stewart Scott, esquire, Her Majesty’s envoy extraordinary and minister plenipotentiary to the Swiss Confederation,
  • Joseph Archer Crowe, esquire, Her Majesty’s commercial attaché for Europe,

who, furnished with full powers which have been found in good and due form, have successively considered and adopted—

• First. A declaration respecting the independence and neutrality of the islands of Samoa, and assuring to their respective citizens and subjects equality of rights in said islands, and providing for the immediate restoration of peace and order therein.
• Second. A declaration respecting the modification of existing treaties, and the assent of the Samoan Government to this act.
• Third. A declaration respecting the establishment of a supreme court of justice for Samoa and defining its jurisdiction.
• Fourth. A declaration respecting titles to land in Samoa, restraining the disposition thereof by natives, and providing for the investigation of claims thereto and for the registration of valid titles.
• Fifth. A declaration respecting the municipal district of Apia, providing a local administration therefor, and defining the jurisdiction of the municipal magistrate.
• Sixth. A declaration respecting taxation and revenue in Samoa.
• Seventh. A declaration respecting arms and ammunition and intoxicating liquors, restraining their sale and use.
• Eighth. General dispositions.

Article I.

A declaration respecting the independence and neutrality of the islands of Samoa, and assuring to the respective citizens and subjects of the signatory powers equality of rights in said islands, and providing for the immediate restoration of peace and order therein.

It is declared that the islands of Samoa are neutral territory, in which the citizens and subjects of the three signatory powers have equal rights of residence, trade, and personal protection. The three powers recognize the independence of the Samoan Government and the free right-of the natives to elect their chief or king and choose their form of government according to their own laws and customs. Neither of the powers shall exercise any separate control over the islands or the government thereof.

It is further declared, with a view to the prompt restoration of peace and good order in the said islands, and in view of the difficulties which would surround an election in the present disordered condition of their government, that Malietoa Laupepa, who was formerly made and appointed King on the 12th day of July, 1881, and was so recognized by the three powers, shall again be so recognized hereafter in the exercise of such authority unless the three powers shall by common accord otherwise declare; and his successor shall be duly elected according to the laws and customs of Samoa.

Article II.

A declaration respecting the modification of existing treaties and the assent of the Samoan Government to this act.

Considering that the following provisions of this general act can not be fully effective without a modification of certain provisions of the treaties heretofore existing between the three powers, respectively, and the Government of Samoa, it is mutually declared that in every case where the provisions of this act shall be inconsistent with any provision of such treaty or treaties the provisions of this act shall prevail.

Considering, further, that the consent of the Samoan Government is requisite to the validity of the stipulations hereinafter contained, the three powers mutually agree to request the assent of the Samoan Government to the same, which, when given, shall be certified in writing to each of the three governments through the medium of their respective consuls in Samoa.

Article III.

A declaration respecting the establishment of a supreme court of justice for Samoa and defining its jurisdiction.

Section 1. A supreme court shall be established in Samoa, to consist of one judge, who shall be styled chief-justice of Samoa, and who shall appoint a clerk and a marshal of the court; and record shall be kept of all orders and decisions made by the court, or by the chief-justice in the discharge of any duties imposed on him under this act. The clerk and marshal shall be allowed reasonable fees to be regulated by order of the court.

Section 2. With a view to secure judicial independence and the equal consideration of the rights of all parties, irrespective of nationality, it is agreed that the chief-justice shall be named by the three signatory powers in common accord; or, failing their agreement, he may be named by the King of Sweden and Norway. He shall be learned in law and equity, of mature years, and of good repute for his sense of honor, impartiality, and justice.

His decision upon questions within his jurisdiction shall be final. He shall be appointed by the Samoan Government upon the certificate of his nomination as herein provided. He shall receive an annual salary of six thousand dollars ($6,000.00) in gold, or its equivalent, to be paid the first year in equal proportions by the three treaty powers, and afterward out of the revenues of Samoa apportioned to the use of the Samoan Government, upon which his compensation shall be the first charge. Any deficiency therein shall be made good by the three powers in equal shares.

The powers of the chief-justice in case of a vacancy of that office from any cause shall be exercised by the president of the municipal council until a successor shall be duly appointed and qualified.

Section 3. In case either of the four governments shall at any time have cause of complaint against the chief-justice for any misconduct in office, such complaint shall be presented to the authority which nominated him, and if, in the judgment of such authority, there is sufficient cause for his removal he shall be removed. If the majority of the three treaty powers so request he shall be removed. In either case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as hereinbefore provided.

Section 4. The supreme court shall have jurisdiction of all questions arising under the provisions of this general act, and the decision or order of the court thereon shall be conclusive upon all residents of Samoa, The court shall also have appellate jurisdiction over all municipal magistrates and officers.

Section 5. The chief-justice is authorized at his own discretion, and required upon written request of either party litigant, to appoint assessors, one of the nationality of each litigant, to assist the court, but without voice in the decision.

Section 6. In case any question shall hereafter arise in Samoa respecting the rightful election or appointment of king or of any other chief claiming authority over the islands, or respecting the validity of the powers which the king or any chief may claim in the exercise of his office, such question shall not lead to war, but shall be presented for decision to the chief-justice of Samoa, who shall decide it in writing, conformably to the provisions of this act and to the laws and customs of Samoa not in conflict therewith; and the signatory governments will accept and abide by such decision.

Section 7. In case any difference shall arise between either of the treaty powers and Samoa which they shall fail to adjust by mutual accord, such difference shall not be held cause for war, but shall be referred for adjustment on the principles of justice and equity to the chief-justice of Samoa, who shall make his decision thereon in writing.

Section 8. The chief-justice may recommend to the Government of Samoa the passage of any law which he shall consider just and expedient for the prevention and punishment of crime and for the promotion of good order in Samoa outside the municipal district and for the collection of taxes without the district.

Section 9. Upon the organization of the supreme court there shall be transferred to its exclusive jurisdiction—

1. All civil suits concerning real property situated in Samoa and all rights affecting the same.

2. All civil suits of any kind between natives and foreigners or between foreigners of different nationalities.

3. All crimes and offences committed by natives against foreigners or committed by such foreigners as are not subject to any consular jurisdiction; subject, however, to the provisions of section 4, Article V, defining the jurisdiction of the municipal magistrate of the district of Apia.

Section 10. The practice and procedure of common law, equity, and admiralty, as administered in the courts of England, may be—so far as applicable—the practice and procedure of this court; but the court may modify such practice and procedure from time to time as shall be required by local circumstances. The court shall have authority to impose, according to the crime, the punishment established therefor by the laws of the United States, of England, or of Germany, as the chief-justice shall decide most appropriate; or, in the case of native Samoans and other natives of the South Sea Islands, according to the laws and customs of Samoa.

Section 11. Nothing in this article shall be so construed as to affect existing consular jurisdiction over all questions arising between masters and seamen of their respective national vessels; nor shall the court take any ex post facto or retroactive jurisdiction over crimes or offences committed prior to the organization of the court.

Article IV.

A declaration respecting titles to land in Samoa and restraining the disposition thereof by natives, and providing for the investigation of claims thereto, and for the registration of valid titles.

Section 1. In order that the native Samoans may keep their lands for cultivation by themselves and by their children after them, it is declared that all future alienation of lands in the islands of Samoa to the citizens or subjects of any foreign country, whether by sale, mortgage, or otherwise, shall be prohibited, subject to the following exceptions:

(a) Town lots and lands within the limits of the municipal district as defined in this act may be sold or leased by the owner for a just consideration when approved in writing by the chief-justice of Samoa;

(b) Agricultural lands in the islands maybe leased for a just consideration and with carefully-defined boundaries for a term not exceeding forty (40) years, when such lease is approved in writing by the chief executive authority of Samoa and by the chief-justice.

But care shall be taken that the agricultural lands and natural fruit lands of Samoans shall not be unduly diminished.

Section 2. In order to adjust and settle all claims by aliens of titles to land or any interest therein in the islands of Samoa, it is declared that a commission shall be appointed, to consist of three (3) impartial and competent persons, one to be named by each of the three treaty powers, to be assisted by an officer to be styled natives’ advocate, who shall be appointed by the chief executive of Samoa, with the approval of the chief-justice of Samoa.

Each commissioner shall receive during his necessary term of service a compensation at the rate of three hundred dollars per month and his reasonable fare to and from Samoa. The reasonable and necessary expenses of the commission for taking evidence and making surveys (such expenses to be approved by the chief-justice) shall also be paid, one-third by each of the treaty powers.

The compensation of the natives’ advocate shall be fixed and paid by the Samoan Government.

Each commissioner shall be governed by the provisions of this act, and shall make and subscribe an oath before the chief-justice that he will faithfully and impartially perform his duty as such commissioner.

Section 3. It shall be the duty of this commission, immediately upon their organization, to give public notice that all claims on the part of any foreigner to any title or interest in lands in Samoa must be presented to them, with due description of such claim and all written evidence thereof, within four months from such notice, for the purpose of examination and registration, and that all claims not so presented will be held invalid and forever barred; but the chief-justice may allow a reasonable extension of time for the production of such evidence when satisfied that the claimant has, after due diligence, been unable to produce the same within the period aforesaid. This notice shall be published in Samoa in the German, English, and Samoan languages, as directed by the commission.

The labours of the commission shall be closed in two years, and sooner if practicable.

Section 4. It shall be the duty of the commission to investigate all claims of foreigners to land in Samoa, whether acquired from natives or from aliens, and to report to the court in every case the character and description of the claim, the consideration paid, the kind of title alleged to be conveyed, and all the circumstances affecting its validity.

They shall specially report—

(a) Whether the sale or disposition was made by the rightful owner or native entitled to make it.

(b) Whether it was for a sufficient consideration.

(c) The identification of the property affected by such sale or disposition.

Section 5. The commission, whenever the case requires it, shall endeavour to effect a just and equitable compromise between litigants. They shall also report to the court whether the alleged title should be recognized and registered or rejected in whole or in part, as the case may require.

Section 6. All disputed claims to land in Samoa shall be reported by the commission to the court, together with all the evidence affecting their validity; and the court shall make final decision thereon in writing, which shall be entered on its record.

Undisputed claims and such as shall be decided valid by the unanimous voice of the commission shall be confirmed by the court in proper form in writing, and be entered of record.

Section 7. The court shall make provision for a complete registry of all valid titles to land in the islands of Samoa which are or may be owned by foreigners.

Section 8. All lands acquired before the 28th day of August, 1819—being the date of the Anglo-Samoan treaty—shall be held as validly acquired, but without prejudice to rights of third parties, if purchased from Samoans in good faith, for a valuable consideration, in a regular and customary manner. Any dispute as to the fact or regularity of such sale shall be examined and determined by the commission, subject to the revision and confirmation of the court.

Section 9. The undisputed possession and continuous cultivation of lands by aliens for ten years or more shall constitute a valid title by prescription to the lands so cultivated, and an order for the registration of the title thereto may be made.

Section 10. In cases where land acquired in good faith has been improved or cultivated upon a title which is found to be defective, the title may be confirmed in whole or in part upon the payment by the occupant to the person or persons entitled thereto of an additional sum to be ascertained by the commission and approved by the court as equitable and just.

Section 11. All claims to land, or to any interest therein, shall be rejected and held invalid in the following cases:

(a) Claims based on mere promises to sell or options to buy.

(b) Where the deed, mortgage, or other conveyance contained at the time it was signed no description of the land conveyed sufficiently accurate to enable the commission to define the boundaries thereof.

(c) Where no consideration is expressed in the conveyance, or if expressed has not been paid in fall to the grantor, or if the consideration at the time of the conveyance was manifestly inadequate and unreasonable.

(d) Where the conveyance, whether sale, mortgage or lease, was made upon the consideration of a sale of fire-arms or munitions of war, or upon the consideration of intoxicating liquors, contrary to the Samoan law of October 25, 1880, or contrary to the municipal regulations of January 1, 1880.

Section 12. The land commission may at its discretion through the local government of the district in which the disputed land is situated appoint a native commission to determine the native grantor’s right of ownership and sale; and the result of that investigation, together with all other facts pertinent to the question of validity of title, shall be laid before the commission, to be by them reported to the court.

Article V.

A declaration respecting the municipal district of Apia, providing a local administration therefor, and defining the jurisdiction of the municipal magistrate.

Section 1. The municipal district of Apia is defined as follows: Beginning at Vailoa, the boundary passes thence westward along the coast to the mouth of the River Fuluasa; thence following the course of the river upwards to the point at which the Alafuala road crosses said river; thence following the line of said road to the point where it reaches the River Vaisinago; and thence in a straight line to the point of beginning at Vailoa—embracing also the waters of the harbor of Apia.

Section 2. Within the aforesaid district shall be established a municipal council, consisting of six members and a president of the council, who shall also-have a vote.

Each member of the council shall be a resident of the said district and owner of real estate or conductor of a profession or business in said district, which is subject to a rate or tax not less in amount than $5 per ann.

For the purpose of the election of members of the council, the said district shall be divided into two or three electoral districts, from each of which an equal number of councillors shall be elected by the taxpayers thereof qualified as aforesaid, and the members elected from each electoral district shall have resided therein for at least six months prior to their election.

It shall be the duty of the consular representatives of the three treaty powers to make the said division into electoral districts as soon as practicable after the signing of this act. In case they fail to agree thereon, the chief-justice shall define the electoral districts. Subsequent changes in the number of councillors or the number and location of electoral districts may be provided for by municipal ordinance.

The councillors shall hold their appointment for a term of two years and until their successors shall be elected and qualified.

In the absence of the president the council may elect a chairman “pro tempore.”

Consular officers shall not be eligible as councillors, nor shall councillors exercise any consular functions during their term of office.

Section 3. The municipal council shall have jurisdiction over the municipal district of Apia so far as necessary to enforce therein the provisions of this act which are applicable to said district, including the appointment of a municipal magistrate and of the necessary subordinate officers of justice and of administration therein; and to provide for the security in said district of person and property, for the assessment and collection of the revenues therein as herein authorized 5 and to provide proper fines and penalties for the violation of the laws and ordinances which shall be in force in said district and not in conflict with this act, including sanitary and police regulations. They shall establish pilot charges, port dues, quarantine and other regulations of the port of Apia, and may establish a local postal system. They shall also fix the salary of the municipal magistrate and establish the fees and charges allowed to other civil officers of the district, excepting clerk and marshal of the supreme court.

All ordinances, resolutions and regulations passed by this council before becoming law shall be referred to the consular representatives of the three treaty powers sitting conjointly as a consular board, who shall either approve and return such regulations or suggest such amendments as may be unanimously deemed necessary by them.

Should the consular board not be unanimous in approving the regulations referred to them, or should the amendments unanimously suggested by the consular board not be accepted by a majority of the municipal council, then the regulations in question shall be referred for modification and final approval to the chief-justice of Samoa.

Section 4. The municipal magistrate shall have exclusive jurisdiction in the first instance over all persons irrespective of nationality in case of infraction of any law, ordinance, or regulation passed by the municipal council in accordance with the provisions of this act, provided that the penalty does not exceed a fine of two hundred dollars or imprisonment for a longer term than 180 days.

In cases where the penalty imposed by the municipal magistrate shall exceed a fine of twenty dollars or a term of ten days imprisonment an appeal may be taken to the supreme court.

Section 5. The president of the municipal council shall be a man of mature years, and a good reputation for honor, justice, and impartiality. He shall be agreed upon by the three powers; or, failing such agreement, he shall be selected from the nationality of Sweden, The Netherlands, Switzerland, Mexico, or Brazil, and nominated by the chief executive of the nation from which he is selected, and appointed by the Samoan Government upon certificate of such nomination.

He may act under the joint instruction of the three powers, but shall receive no separate instruction from either. He shall be guided by the spirit and provisions of this general act, and shall apply himself to the promotion of the peace, good order, and civilization of Samoa. He may advise the Samoan Government when occasion requires, and shall give such advice when requested by the king, but always in accordance with the provisions of this act, and not to the prejudice of the rights of either of the treaty powers.

He shall receive an annual compensation of five thousand dollars (5,000.00), to be paid the first year in equal shares by the three treaty powers, and afterward out of that portion of Samoan revenues assigned to the use of the municipality, upon which his salary shall be the first charge.

He shall be the receiver and custodian of the revenues accruing under the provisions of this act, and shall render quarterly reports of his receipts and disbursements to the king and to the municipal council.

He shall superintend the harbor and quarantine regulations, and shall, as the chief executive officer be in charge of the administration of the laws and ordinances applicable to the municipal district of Apia.

Sections. 6 The chief-justice shall, immediately after assuming the duties of his office in Samoa, make the proper order or orders for the election and inauguration of the local government of the municipal district under the provisions of this act. Each member of the municipal council, including the president, shall, before entering upon his functions, make and subscribe before the chief-justice an oath or affirmation that he will well and faithfully perform the duties of his office.

Article VI.

A declaration respecting taxation and revenue in Samoa.

Section 1. The port of Apia shall be the port of entry for all dutiable goods arriving in the Samoan Islands; and all foreign goods, wares, and merchandise landed on the islands shall be there entered for examination; but coal and naval stores which either government has by treaty reserved the right to land at any harbor stipulated for that purpose are not dutiable when imported as authorized by such treaty, and may be there landed as stipulated without such entry or examination.

Section 2. To enable the Samoan Government to obtain the necessary revenue for the maintenance of government and good order in the islands, the following duties, taxes, and charges may be levied and collected, without prejudice to the right of the native government to levy and collect other taxes in its discretion upon the natives of the islands and their property, and with the consent of the consuls of the signatory powers upon all property outside the municipal district, provided such tax shall bear uniformly upon the same class of property, whether owned by natives or foreigners.

A.—Import duties.

		Doll. c.
1.	On ale and porter and beer, per dozen quarts	.50
2.	On spirits, per gallon	2.50
3.	On wine except sparkling, per gallon	1.00
4.	On sparkling wines, per gallon	1.50
5.	On tobacco, per lb	.50
6.	On cigars, per lb	1.00
7.	On sporting arms, each	4.00
8.	On gunpowder, per lb	.25
9.	Statistical duty on all merchandise and goods imported, except as aforesaid, ad valorem	2 p.c.

B.—Export duties.

On copra	}	ad valorem	{	2½ p. c.
On cotton				1½ p. c.
On coffee				2 p. c.

C.—Taxes to be annually levied.

		Doll. c.
1.	Capitation tax on Samoans and other Pacific Islanders not included under No. 2 per head	1.00
2.	Capitation tax on colored plantation laborers, other than Samoans, per head	2.00
3.	On boats, trading and others (excluding native canoes and native boats carrying only the owner’s property), each	4.00
4.	On firearms, each	2.00
5.	On dwelling houses (not including the dwelling houses of Samoan natives) and on land and houses used for commercial purposes, ad valorem	1 p.c.
6.	Special taxes on traders as follows:
	Class I. On stores of which the monthly sales are $2,000 or more, each	100.00
	Class II. Below 12,000 and not less than $1.000	48.00
	Class III. Below $1,000 and not less than $500	36.00
	Class IV. Below $500 and not less than $250	24.00
	Class V. Below $250	12.00

D.—Occasional taxes.

1.	On trading vessels exceeding 100 tons burden, calling at Apia, at each call.	10.00
2.	Upon deeds of real estate, to be paid before registration thereof can be made, and, without payment of which, title shall not be held valid, upon the value of the consideration paid	½ p. c.
3.	Upon other written transfers of property, upon the selling price	1 p. c.
	Evidence of the payment of the, last two taxes may be shown by lawful stamps affixed to the title paper, or otherwise by the written receipt of the proper tax collector.
4.	Unlicensed butchers in Apia shall pay upon their sales	1 p. c.

E.—License taxes.

No person shall engage as proprietor or manager in any of the following professions or occupations except after having obtained a license therefor, and for such license the following tax shall be paid in advance:

	Doll.		Doll.
Tavern keeper per month	10	Engineer apprentices per annum	3
Attorney, barrister, or solicitor, per annum	60	Hawker do	1
Doctor of medicine or dentistry, per annum	30	Pilot do	24
Auctioneer or commission agent, per annum	40	Printing-press do	12
Baker per annum	12	Sail-maker do	6
Banks or companies for banking, per annum	60	Ship-builder do	6
Barber per annum	6	Shoemaker do	6
Blacksmith do	5	Land surveyor do	6
Boat-builder do	6	Tailor do	6
Butcher do	12	Waterman do	6
Cargo-boat or lighter do	6	Salesmen, book-keepers, clerks, paid less than $75 a month, per annum	3
Carpenter do	6	Same when paid over $75 a month, per annum	6
Photographer or artist do	12	White laborers and domestics, per head	5
Engineer do	12	Factory hands and independent workmen per annum	5
Engineer assistants do	6

Section 3. Of the revenues paid into the Treasury the proceeds of the Samoan capitation tax, of the license taxes paid by native Samoans, and of all other taxes which may be collected without the municipal district, shall be for the use and paid out upon the order of the Samoan Government. The proceeds of the other taxes, which are collected in the municipal district exclusively, shall be held for the use and paid out upon the order of the municipal council to meet the expenses of the municipal administration as provided by this act.

Section 4. It is understood that “dollars” and “cents,” terms of money used in this act, describe the standard money of the United States of America, or its equivalent in other currencies.

Article VII.

A declaration respecting arms and ammunition, and intoxicating liquors, restraining their sale and use.

Section 1. Arms and ammunition.—The importation into the Islands of Samoa of arms and ammunition by the natives of Samoa, or by the citizens or subjects of any foreign country, shall be prohibited, except in the following cases:

(a) Guns and ammunition for sporting purposes, for which written license shall have been previously obtained from the president of the municipal council.

(b) Small arms and ammunition carried by travellers as personal appanage.

The sale of arms and ammunition by any foreigner to any native Samoan subject or other Pacific Islander resident in Samoa is also prohibited.

Any arms or ammunition imported or sold in violation of these provisions shall be forfeited to the Government of Samoa. The Samoan Government retains the right to import suitable arms and ammunition to protect itself and maintain order; but all such arms and ammunition shall be entered at the customs (without payment of duty) and reported by the president of the municipal council to the consuls of the three treaty powers.

The three governments reserve to themselves the future consideration of the further restrictions which it may be necessary to impose upon the importation and use of fire-arms in Samoa.

Section 2. Intoxicating liquors.—No spirituous, vinous, or fermented liquors, or intoxicating drinks whatever, shall be sold, given, or offered to any native Samoan, or South Sea Islander resident in Samoa, to be taken as a beverage.

Adequate penalties, including imprisonment, for the violation of the provisions of this article shall be established by the municipal council for application within its jurisdiction, and by the Samoan Government for all the islands.

Article VIII.

General dispositions.

• Section 1. The provisions of this act shall continue in force until changed by consent of the three powers. Upon the request of either power after three years from the signature hereof, the powers shall consider by common accord what ameliorations, if any, may be introduced into the provisions of this general act. In the meantime any special amendment may be adopted by the consent of the three powers with the adherence of Samoa.
• Section 2. The present general act shall be ratified without unnecessary delay, and within the term of ten months from the date of its signature.

In the meantime the signatory powers respectively engage themselves to adopt no measure which may be contrary to the dispositions of the said act.

Each power further engages itself to give effect in the meantime to all provisions of this act which may be within its authority prior to the final ratification.

Ratifications shall be exchanged by the usual diplomatic channels of communication.

The assent of Samoa to this general act shall be attested by a certificate thereof signed by the King and executed in triplicate, of which one copy shall be delivered to the consul of each of the signatory powers at Apia for immediate transmission to his Government.

Done in triplicate at Berlin this fourteenth day of June, one thousand eight hundred and eighty-nine.

(Signed:)

• John A. Kasson.
• Wm. Walter Phelps.
• Geo. H. Bates.
• H. Bismarck.
• Holstein.
• R. Krauel.
• Edward B. Malet.
• Charles S. Scott.
• J. A. Crowe.

Protocols of the Conferences in regard to Samoan affairs, held at Berlin by representatives of the United States, Germany, and Great Britain, April 29, to June 14, 1889.

Lundi, 29 Avril, 1889.

première séance.

Les Gouvernements de l’Allemagne, des États-Unis d’Amérique et de la Grande-Bretagne étant convenus de délibérer en commun, dans une meme pensée d’intérêt général, sur les affaires des lies de Samoa, les Plénipotentiaires de ces Gouvernements se sont réunis en conférence à Berlin le lundi, 29 Avril, à 2½ heures.

Étaient présents:

• Pour l’Allemagne.—Son Excellence Mr. le Comte de Bismarck, Ministre d’État, Secrétaire d’État du Département des Affaires Étrangères; Mr. le Baron de Holstein, Conseiller Intime Actuel de Légation; Mr. le Docteur Krauel, Conseiller Intime de Légation.
• Pour les États-Unis.—Mr. John A. Kasson, of Iowa; Mr. William Walter Phelps, of New Jersey; Mr. George H. Bates, of Delaware.
• Pour la Grande-Bretagne.—Son Excellence Sir Edward Baldwin Malet, G. C. B., G. C. M. G., Ambassadeur de la Grande-Bretagne à Berlin; Mr. Charles Stewart Scott, C. B., Ministre de la Grande-Bretagne près la Confédération Suisse; Mr. Joseph Archer Crowe, C. B.

Son Excellence le Comte de Bismarck en souhaitant la bienvenue à Mrs. les Pléipotentiaires dit qu’il considère l’accord qui s’est manifesté entre les trois Gouvernements amis, relativement à la réunion de cette Conférence, comme étant de bon augure pour la réussite de leurs travaux, et il propose de constituer la conférence.

Mr. Kasson se fait l’interprète des sentiments des membres de la réunion en exprimant leurs remercîments au sujet des paroles sympathiques que vient de leur adresser le Comte de Bismarck. Il propose en conséquence que la présidence de la Conférence soit confiée à Son Excellence. Cette proposition est accueillie et le Comte de Bismarck, après avoir remercié de l’honneur à lui fait, prend la présidence en présentant, avec l’assentiment de Mrs. les Plénipotentiaires, comme secrétaires Mr. le Docteur Arendt, Consul Général d’Allemagne en Belgique, et Mr. Beauclerk, Secrétaire à l’Ambassade de S. M. Britannique à Berlin.

Sur la demande du Président, Messieurs les Plénipotentiaires remettent les pleins-pouvoirs dont ils sont munis au bureau de la Conference. Ensuite le Comte de Bismarck reprend:

Afin de faciliter nos travaux, je erois utile que nous tombions d’accord que les propositions et documents destinés à figurer au protocole soient rédigés d’avance par, écrit et lus au commencement de chaque séance;

ce qui est adopté.

En outre Monsieur le Président exprime le désir que les Membres de la réunion veuillent bien prendre l’engagement entre eux, conformément aux usages observés en pareils cas, de garder le secret de leurs délibérations. Cette proposition est adoptée.

Son Excellence demande alors la permission, avant d’entrer en délibération, de donner lecture d’une déclaration ainsi concue:

Leg événements dont les lies de Samoa soot le théâtre, ont pris, pendant ees derniers mois, un aspect qui impose aux Puissances contractantes le devoir de prendre en considération des mesures aptes à protéger la vie et la propriété des blancs établis en ce pays.

Guidés par cette conviction, les Gouvernements d’Allemagne, d’Angleterre et des États-Unis sont convenus de réunir une Conférence à Berlin, afin de se concerter sur les moyens propres à aplanir les difficultés de la situation actuelle et à donner des garanties suffisantes pour l’avenir. Comme devant servir de base aux négociations, le Gouvernement Allemand considère le maintien des traités existants, la parité de droits des trois Puissances contractantes, l’indépendance et la neutralité de 1’État de Samoa.

Dans l’opinion du Gouvernement Impérial il ne s’agira point, en cette Conferénce, de trouver un gouvernement convenable pour les indigenes de Samoa, mais d’établir sur une base solide la protection de la vie, de la propriété et du commerce, dans ce pays, des nationaux des trois Puissances contractantes et de procéder vers ce but par une action commune de ces Puissances.

Les délibérations de la Conférence n’auraient pas besoin de s’étendre à l’arrangement des affaires intérieures de Samoa, qu’en autant que cela paraîtrait nécessaire pour sauvegarder la sécurité de la vie, de la propriété et du commerce des sujets des trois Puissances.

Le Gouvernement Impérial croit devoir se borner pour le moment aux indications generates qui précédent, car avant d’entrer dans le détail des questions qui doivent trouver leur solution, il lui paraît important, de conuaître d’abord les vues des autres Gouvernements quant à la tâche que la Conférence aurait à remplir et au but vers lequel tendraient ses travaux.

Sir Edward Malet lit alors la déclaration suivante:

Le Gouvernement de Sa Majesté Britanique voit avec une légitime satisfaction se rouvrir la Conférence sur les affaires de Samoa, qui, faute d’entente, avait dû se séparer sans aboutir à Washington.

Il ose espérer que le succès couronnera la reprise à Berlin des travaux de la Conference.

Dans l’intervalle qui vient de s’écouler les Gouvernements intéressés ont pu étudier les points de divergence qui se sont présentés, et de cette manière il a été possible de s’arrêter à certains principes généraux, de soite que les détails seuls resteraient a résoudre.

Nous acceptons cordialement les bases de négociation mises en avant par Son Excellence Monsieur le Comte de Bismarck et, comme lui, nous voulons:

1° Le maintien des traités existants;

2° L’égalité des droits des trois Puissances contractantes,

3° L’indépendance et la neutralité des îles de Samoa.

Su rces bases les Plénipotentiaires de Sa Majesté Britannique feront tout en leur pouvoir pour arriver à une solution satisfaisante et créer, avec l’aide de leurs collègues, un système d’administration aux îles de Samoa qui pourra leur assurer la paix et les bienfaits d’une tranquillité prospère.

Mr. Kasson, en demandant l’autorisation de développer en langue anglaise les points de vue adoptés par son Gouvernement dans la question qui fait l’objet de la Conférence, donne lecture de la pièce suivante:

The Government of the United States received with pleasure the proposition of the German Government to meet the representatives of Germany and England at Berlin for the resumption of the negotiations begun in the conference at Washington, which adjourned in July, 1887.

Upon the occasion of this renewal of the conference, the President has instructed us to give the most earnest assurance of his desire for a speedy and amicable solution of the questions relating to Samoa upon the principles accepted at its earlier meeting.

The American Government accepts and reciprocates the assurances communicated by his highness Prince Bismarck, through the German minister at Washington, in February last, of satisfaction with the neutrality of the islands and of the absence of any intention to put in question the independence of Samoa or the equal rights of the treaty powers.

The President also shares the common desire of the powers to apply these principles to protect the islands against a repetition of bloody wars, and to secure all the just interests of foreigners engaged there in lawful business.

These views being entertained in common by the powers interested, we may confidently hope for an early and satisfactory result of the deliberations of the conference.

So far as the “status quo,” existing before the violent disturbances which have occurred since the adjournment of the conference at Washington, can be restored, the Government of the United States earnestly desires it, as the initiation of permanent peace and order among the natives.

To the consideration of the preceding questions, and of all others presented, the American representatives are instructed, and sincerely desire, to contribute their best efforts in the spirit of amity and concord.

Count Bismarck having understood that Mr. Kasson had suggested that the business of the conference should be conducted in the English language, agreed that the subsequent discussions be held in English—reserving the right to resume the French language if circumstances should render it necessary for the German plenipotentiaries to do so.

first session.

Monday, April 29, 1889.

The Governments of Germany, the United States of America, and Great Britain having agreed to deliberate in common, with a view to the general interest, concerning the affairs of the Samoan Islands, the plenipotentiaries of those Governments met at Berlin on Monday, April 29, at half past 2 o’clock.

The following plenipotentiaries were present:

• For Germany.—His excellency Count Bismarck, minister of state, secretary of state of the department of foreign affairs, Baron de Holstein, actual privy counselor of legation, Doctor Krauel, privy counselor of legation.
• For the United States.—Mr. John A. Kasson, of Iowa, Mr. William Walter Phelps, of New Jersey, Mr. George H. Bates, of Delaware.
• For Great Britain.—His excellency Sir Edward Baldwin Malet, G. C. B., G. C. M. G., ambassador of Great Britain at Berlin, Mr. Charles Stewart Scott, C. B., minister of Great Britain near the Swiss Confederation, Mr. Joseph Archer Crowe, C. B.

His excellency Count Bismarck, in welcoming the plenipotentiaries, said that he considered the harmony of feeling that had been manifested by the three friendly Governments as a good omen for the success of their labors, and proposed that the conference be organized.

Mr. Kasson expressed the sentiments of the members of the Conference by returning their thanks for the kind words just addressed to them by Count Bismarck, and proposed that his excellency be chosen to preside over the Conference. This proposition was accepted, and Count Bismarck, after expressing his gratitude for the honor done him, took the chair, introducing as secretaries, with the consent of the plenipotentiaries, Dr. Arendt, consul-general of Germany in Belgium, and Mr. Beauclerk, secretary to the embassy of H. B. M. at Berlin.

At the request of the president, the plenipotentiaries delivered their full powers to the secretaries of the conference. Count Bismarck then remarked as follows:

In order to facilitate our labors, I think it would be well for us to agree that such propositions and documents as are to appear in the protocol be put in writing beforehand, and read at the commencement of each session.

Which was adopted.

The president also expressed a desire that the members of the conference should pledge themselves according to the usages observed in such cases, to keep their deliberations secret. This proposition was adopted.

His excellency then asked permission, before the deliberations were begun, to read the following statement:

The events which are now taking place in the Samoa Islands have assumed, during the past few months, an aspect which renders it the duty of the contracting powers to consider what measures are best adapted to protect the lives and property of white settlers on those islands.

Entertaining this conviction, the Governments of Germany, England, and the United States have agreed to convoke a conference at Berlin, with a view to making arrangements as to the means best suited to remove the difficulties of the present state of affairs, and to furnish sufficient guaranties for the future. The German Government thinks that the observence of existing treaties, the equality of the rights of the three contracting powers, and the independence and neutrality of the State of Samoa should form the basis of the negotiations.

In the opinion of the Imperial Government, the attempt should not be made by this conference to devise a suitable form of government for the natives of Samoa, but to establish on a solid basis, protection for the lives, property, and commerce in that country, of the subjects or citizens of the three contracting powers, and to seek to attain that end by the joint action of the said powers.

The deliberations of the conference need not extend to the settlement of the internal affairs of Samoa, except so far as that may seem necessary in order to secure protection for the lives, property, and commerce of the subjects of the three powers.

The Imperial Government thinks that it must confine itself for the present to the foregoing general indications, since, before entering into the details of the questions to be settled, it deems it important to become acquainted with the views of the other Governments on the subject of the task to be performed by the conference, and of the object to be attained by its labors.

Sir Edward Malet then read the following statement:

The Government of Her Britannic Majesty is gratified at the reopening of the conference concerning Samoan affairs, which, owing to a failure to reach an understanding, was obliged to break up at Washington without having accomplished the object for which it met.

I trust that success will crown the resumption of the labors of the conference at Berlin.

In the interval which has just elapsed, the Governments interested have been able thoroughly to examine the points of divergency which have presented themselves, and thus it has been possible to fix upon certain general principles, so that the details alone remain to be settled.

We cordially accept the bases of negotiation stated by his excellency Count Bismarck, and, like him, we desire:

1. The observance of existing treaties;

2. The equality of the rights of the three contracting powers;

3. The independence and neutrality of the Samoan Islands.

On these bases, the plenipotentiaries of Her Britannic Majesty will do all in their power to reach a satisfactory settlement, and to establish, with the aid of their colleagues, a system of government on the Samoa Islands that will secure to them peace and the benefits of prosperous tranquillity.

Mr. Kasson thereupon asked permission to state, in the English language, the views adopted by his Government in relation to the question which formed the subject of the conference. He then read the following statement:

Mr. Kasson thanked Count Bismarck, and moved that the protocols should be drawn up in English as a language well understood by all the plenipotentiaries, although he was aware that it was customary to hold the discussions of conferences in French.

Count Bismarck accepted Mr. Kasson’s suggestion, and said that as the French language was customary in international negotiations, Con-sui-General Arendt had been selected as secretary to the conference on account of his thorough acquaintance with the French tongue.

He would, however, substitute Legationsrath W. Stemrich as secretary in place of Dr. Arendt as long as the English language should be used in the conference.

His excellency then read the following statement:

We have recently received an official report from the commander of the man-of-war Olga to the effect that Malietoa, the former Samoan king, has expressed his regret and the earnest wish to be reconciled with the German Government. His Majesty the Emperor, after having taken cognizance of this report, has ordered his release. Consequently Malietoa is at liberty to go wherever he pleases.

Mr. Kasson expressed the great satisfaction with which he and his colleagues had listened to the statement of the president, and expressed the pleasure with which their Government would receive this announcement of his excellency, as well as their conviction that the action of His Imperial Majesty the Emperor of Germany in this regard would tend towards the restoration of good feeling and the promotion and maintenance of peace.

Sir Edward Malet expressed equal pleasure and satisfaction on hearing of the gracious act of His Majesty the Emperor.

The President proposed that no general debate should take place at the present meeting of the conference; but that a subcommittee of three representatives—one for each power—should be nominated to draw up a programme of deliberations and to study the details of matters to be considered by the plenary conference.

Mr. Kasson and Sir E. Malet considered the plan suggested by the president as very desirable, especially as the members of the conference appeared to be unanimous with regard to all the principles submitted to them.

Count Bismarck proposed that the land question should be the first to be submitted to the subcommittee, as being perhaps the most important of all the questions to be dealt with by the conference.

The proposal of the president was accepted unanimously.

The sub committee was elected, consisting of Dr. Krauel, Mr. Bates, and Mr. Scott; and it was agreed that all other members of the conference should be at liberty to attend their discussions.

The meeting was adjourned at 4 p.m., and it was agreed that the president would issue invitations to the plenipotentiaries for the next meeting of the plenary conference.

Signed:

• John A. Kasson.
• Wm. Walter Phelps.
• Geo. H. Bates.
• Edward B. Malet.
• Charles S. Scott.
• J. A. Crowe.
• H. Bismarck.
• Holstein.
• R. Krauel.

Certified to be a true copy of the original protocol:

• W. N. Beauclerk.
• Stemrich.

second session.

Saturday, 4 May, 1889—3.45 p.m.

• Present:
• For Germany.—Count von Bismarck, Baron von Holstein, Dr. Krauel.
• For the United States of America.—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain.— Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the first meeting, held on Monday, 29th April, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck presented the report on the land question, drawn up by the subcommittee, and invited discussion thereupon.

It was agreed that the recommendations submitted by the subcommittee to the plenipotentiaries should be taken by them ad referendum for the approval of their respective governments.

Count Bismarck supposed that it would be requisite to propose a supplementary treaty or convention with the Samoan Government, invalidating all previous acts contrary to the provisions contained in such new treaty or convention.

Mr. Kasson agreed that the consent of the Samoan Government to a new convention would be necessary, and suggested that the discussion as to the form of the proposal in question should be reserved for a later meeting of the conference.

The proposal of Mr. Kasson was unanimously accepted.

Count Bismarck requested Mr. Bates to read seriatim the conclusions arrived at by the subcommittee in their above-mentioned report, and that gentleman proceeded to do so, as follows:

I. A suggestion as to the necessity of a strict prohibition in the future of all sales of land by natives to foreigners, similar to that already in force in Tonga and Hawaii, and, with certain limitations, also in Fiji and other Polynesian Islands. The committee were all strongly inclined to recommend prohibition of the absolute alienation of land to foreigners either by sale or mortgage, but that the land might be leased by the natives with the approval of the executive department of the Samoan Government and the land court.

Mr. Scott explained, at the request of Mr. Bates, his hesitation upon this point in the subcommittee. He had with Mr. Bates doubted whether a resolution by the conference to enforce such a prohibition were in strict conformity with one of the bases laid down by the president, namely, the recognition of the independence of the Samoan Government, and also whether an unconditional prohibition to sell lands to foreigners might not interfere with legitimate enterprises to develop Samoan resources.

Mr. Scott added that on its being explained to him that the prohibition would be enforced by the Samoan Government as party to the contemplated treaty, and that the power of leasing left to the natives would give every necessary facility to foreign enterprise, he had finally concurred in recommending the foregoing suggestion to the consideration of the conference.

A discussion took place concerning the question of sales or leases, in which it was pointed out that leases for very long periods of Mme were almost identical in effect with actual sales.

Mr. Kasson suggested that the period of leases might be limited to a term of years not exceeding the life-time of one generation; and that the words “for years” should be inserted in the resolution after the words “land might be leased.”

The resolution was adopted in principle and it was agreed, upon the suggestion of the president, that the details of the question should be considered later.

Dr. Krauel remarked that he considered the same principles to be necessary in Samoa as obtained in Tonga and Fiji, namely, to protect the natives from bartering away their land, and that the only means of: doing so was by absolute prohibition.

Mr. Bates observed that if a great company were to lease a large tract of land they would require the protection of a long lease, which they might obtain with the approval of the land court. He was of opinion that no such company would risk the expenditure of considerable sums of money on a short lease without the guarantee of a renewal of their lease or of compensation for improvements in case of its termination.

Mr. Phelps said that the renewal of leases constituted a very unsatisfactory title. It was desirable that improvements should be encouraged in Samoa, and he would suggest that “no sale to foreigners should be permitted except with the approval of the land court and the Samoan Government.”

Baron Holstein considered that leases for a limited period were the best protection for the natives against themselves.

Sir E. Malet asked whether the land court itself would not afford sufficient guarantees for the purposes required.

Mr. Bates remarked that the reversion, even after a long term of years, had always a distinct value.

Count Bismarck suggested that the period of 99 years would be a fair and equitable term for leases—neither too much nor too little.

Mr. Kasson said that, as speculators were to be found in all countries, there was a danger lest unprincipled persons should take, if authorized, large tracts of land in Samoa and dispose of them at a profit, leaving the property to take care of itself. In this manner much of the valuable fruit-growing land might be taken from the control of the natives, who would thus be deprived of their very means of subsistence. He was of the opinion that it would never do to grant leases of indefinite duration, and he considered that some rules must be framed for the guidance of the judge in this particular.

Sir E. Malet did not think that a company would be satisfied with a lease of so short a period as 45 years without further guarantees.

Dr. Krauel concurred in recommending absolute prohibition of sales of land to foreigners.

Mr. Phelps remarked that, if such sales were to be absolutely prohibited, a company or a merchant might be debarred from the possibility of buying a site suitable as a dock, wharf, or warehouse, merely because it happened to be the property of a native.

Mr. Kasson suggested that some limitation of vicinity to the commercial port might be arranged to meet the difficulty set forth by the previous speaker.

Count Bismarck pointed out that the question of the duration of leases was not very important at the present moment. The whole arrangements for the Samoan Islands which this conference should endeavor to draw up would, as he understood from the confidential exchange of views between the delegates, be limited to a period of three or five years in order, to put them to the test. After the end of this period the treaty powers would have to reconsider the said arrangements. The land commission and the land court would have work before them for several years, and he did not think that large enterprises of companies would be started before the important land question was settled.

Mr. Bates agreed with the remarks of his excellency the president, since, when the islands had regained tranquillity, a stable constitution would be framed and such matters would naturally be arranged on a proper footing.

Mr. Kasson proposed that the conference should accept the principle that “it is necessary to restrain the disposal of land to foreigners in Samoa.”

This proposal was unanimously accepted.

Mr. Bates then read the second suggestion of the subcommittee:

II. That a commission consisting of three (3) members be appointed, and paid a uniform compensation by the three treaty powers, respectively, to investigate and report for the decision of the land court all claims to land in Samoa between foreigners, and also between foreigners and natives, and that this commission should be empowered to receive and obtain evidence as to all the circumstances under which the alleged titles had in each case been acquired. Among the points to be investigated shall be—

(a) Whether the sale was made by the rightful owner or native entitled to make it.

(b) Whether it was upon a sufficient consideration.

(c) The identification of the land sold.

It should be one of the duties of the commission to endeavor to effect just and equitable compromises between litigants and to make recommendations to the land court about granting or refusing the recognition and registration of titles.

This suggestion was adopted unanimously.

Mr. Bates then read:

III. While desiring a representation of the native interests the committee did not deem it practicable to have a native representative in the commission, but decided to recommend the appointment, by the Samoan Government, with the approval of the land commission, of an assistant native commissioner or natives’ advocate.

Dr. Krauel gave precedents for the course proposed from the arrangements made in Fiji, and suggested that perhaps a suitable “natives’ advocate” would be found in the person of a foreign resident missionary.

Mr. Bates seconded Dr. Krauel’s suggestion, and gave it as his experience that the missionaries were very suitable persons for such an office.

IV. It is unanimously considered proper that the expenses of this land commission should be paid equally by the three governments.

The proposal was adopted.

V. That a land court be established, to consist of one judge learned in the law, to be appointed by the Samoan Government upon the nomination of the three treaty powers, his decision to be final in all land cases. That the judge should be empowered at his own discretion, and obliged on application of either party to a suit, to appoint for each party an assessor of the nationality of each party to aid the judge but to have no vote in the decision.

That all disputed claims should be reported by the commission to the court for final decision, and that undisputed claims or such as were determined by the unanimous vote of the commission should be confirmed by the court without re-examination.

At this point the president proposed that the conference should elect a committee to arrange all suggestions laid before them, with a View to drawing up in due order and form the final resolutions agreed upon in principle by the plenary conference; this committee to be called the “committee of revision.”

This proposal was accepted and Baron von Holstein, Mr. Kasson, and Sir B. Malet were named to serve as the members of the said committee.

The above resolution (No. V) was accepted, to be referred with ail others to the newly formed committee of revision.

Count Bismarck initiated a discussion as to the payment of the above-mentioned judge, which his excellency suggested ought to fall upon the Samoan Government.

Mr. Kasson suggested that the judge might at the outset of his appointment, be paid by the three powers, or that his salary might at least be guaranteed by them.

Sir E. Malet remarked that the question of whether the judge should be removable ought to be considered, or whether he could be removed from office only with the consent of the three powers.

It was agreed that the questions of the salary and tenure of office of the judge should be reserved for further consideration.

The following suggestions were next read by Mr. Bates and referred to the committee of revision, as amended:

VI. All deeds and other muniments of title, mortgages, or claims of liens or interests in lands claimed by foreigners, must be produced before the land commission within a specified time, not exceeding six months, during which all foreigners being in possession of or claiming any estate or interest in lands must send in an application to the commission in form as prescribed by them with a view to the recognition and equitable adjustment of such claims and the registration of such titles. Due advertisement shall be made in the English, German, and Samoan languages as directed by the commission.

VII. All lands acquired before the 28th of August, 1879, the date of the Anglo-Samoan treaty, must be held as validly acquired, if purchased from Samoans in a customary and regular manner, without prejudice to claims or rights of third persons, and any dispute as to the fact or regularity of such purchase, shall be determined by the commission, subject to the power of confirmation hereinbefore vested in the land court. In such cases a deed valid on its face shall be held prima facie evidence of the title.

VIII. The undisputed possession and continuous cultivation of lands for ten years or upwards shall constitute a valid title by prescription thereto, and an order for the registration of the same may be made.

IX. Where lands have been improved or cultivated upon a title which proves to be faulty, the title may be confirmed upon the payment by the occupant, to such person or persons as the commission may find entitled to the same, of an additional sum, to be determined upon principles of equity and justice.

Mr. Kasson suggested that this resolution should terminate with the words “by the commission.”

X. Recognition and registration shall be refused in the following cases:

(a) Claims based on mere promises to sell (or options).

(b) When the deed or mortgage contains no description of the land purporting to be sold or mortgaged sufficiently accurate to enable the commission to define the boundaries thereof.

(c) If no consideration is expressed in the deed or mortgage, or, if being named, the consideration has not been paid in full to the seller.

(d) Conveyances or mortgages of land made since Jan. 1, 1880, upon an actual consideration of the sale of firearms, or of munitions of war, or of intoxicating liquors, in violation of the Samoan law of Oct. 25, 1880, or of the municipal regulations of January 1, 1880.

XI. The commission may at any time at its discretion, through the local government of the district in which the disputed land lies, institute a native commission to determine the seller’s right of ownership and to lay the result of such investigation, together with the surrounding circumstances, before the land commission.

Mr. Kasson was of opinion that it would be the duty of the land commission to lay this report also before the judge.

Mr. Bates understood that the commission would be expected to send the whole record to the land court, and that the registry of the land court would constitute a registry of land titles.

Count Bismarck then laid before the conference the following propositions, which were referred to the first subcommittee:

Proposition I.

We propose that the conference may devise means by which the interests of the foreign residents in the Samoan Islands can be protected.

Proposition II.

The treaty powers agree to take steps to prevent the importation and sale of arms and munitions of war, as well as the sale and gift of intoxicating liquors, to natives of Samoa.

Sir E. Malet expressed the wish that when subcommittees should be appointed, dealing with commercial and financial matters, the services of Air. Crowe should be made use of by the conference.

Mr. Kasson supposed that the existing consular jurisdiction over foreigners, as provided by treaty, would be continued, at least in what concerns alone the co-nationalists of the consul, and he called attention to the fact that any provisions which the three powers should now agree upon affecting the rights of proper Samoan jurisdiction would require the consent of the Samoan Government.

The Conference adjourned at 5.15 p.m.

(Signed:)

• John A. Kasson.
• Wm. Walter Phelps.
• Geo. H. Bates.
• Edward B. Malet.
• Charles S. Scott.
• J. A. Crowe.
• H. Bismarck.
• Holstein.
• E. Krauel.

Certified to be a true copy of the original protocol:

• W. N. Beauclerk.
• Stemrich.

third session.

Saturday, 11 May, 1889—2.30 p.m.

• Present:
• For Germany.—Count von Bismarck, Baron von Holstein, Dr. Krauel.
• For the United States of America.—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain.—Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the second meeting, held on Saturday, 4 May, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck presented three reports brought up from the subcommittee, and suggested that they should be read in order to ascertain whether they met with the approval of the plenary conference.

Mr. Crowe accordingly proceeded to read as follows:

report on the importation and sale of arms, munitions of war, and intoxicating liquors.

The subcommittee, comprising Dr. Krauel, Mr. Bates, and Mr. Scott, which, on this occasion, was also attended, as provided by the full conference, by Mr. Phelps and Mr. Crowe, took into its consideration the prohibition of the importation and sale of arms and ammunition in Samoa, and also the prohibition of the sale to Samoans and other Pacific Islanders of spirituous liquors.

As regards the first of these points, certain alternatives were discussed.

The Samoan Government might be invited to pass a law preventing the importation and sale of arms and ammunition, or the same purpose might be attained by treaty. Importation for the use of Europeans and sportsmen might be regulated by special arrangements, and infringements might be punished by the lex loci or under consular jurisdiction.

The subcommittee agreed that it was desirable under all circumstances to exclude all arms and ammunition from Samoa, and that the prohibition should be rigidly upheld, except in the case of arms and ammunition imported for sporting purposes or for national defence under special license or other proper restrictions.

Count Bismarck considered that the expression “for national defence,” as an exception to the absolute prohibition of the importation of arms into Samoa, was too elastic, as it might convey the impression that the Samoans would possibly require to defend themselves against an attack on the part of foreigners. Such an emergency his excellency considered to be out of the question, since the three treaty powers had virtually already pledged themselves by agreement to protect the future of Samoa, and it was most unlikely that any other power would menace the independence of the natives whilst they remained under the aegis of such protection.

Mr. Crowe explained that the subcommittee had rather had in view the contingency of civil disturbances in the framing of this passage.

Sir E. Malet was of opinion that it was equally undesirable that’ facilities should be reserved for the natives to obtain weapons for use on such occasions.

Mr. Phelps stated that the object of the subcommittee had been to suggest that the conference should endeavour to leave to the Samoans all the attributes of independence, not inconsistent with the safety of foreigners. The right of defending the national existence was a very important attribute. The Samoan Government would need possibly to defend itself against disorderly persons or against an insurrection on a small scale. It must have the right of suppressing such outbreaks, and this could only be done by the use of fire-arms.

Any abuse of the privilege in question would be guarded against by the provision that the arms could only be procured by special permission of the general government, yet to be created, and in which it is assumed that the treaty powers will have a controlling representation.

It was agreed that the words “for purposes of the government” should be substituted for the words “for national defence;” and that the committee of revision should be charged with the ultimate wording of the text in this matter.

Mr. Crowe read the remainder of the report, viz:

The subcommittee acknowledged the absolute necessity of prohibiting the sale of intoxicating liquors to Samoans or other Pacific Islanders. Under municipal regulations, which had already been applied, the retailing of such liquors was already forbidden to unlicensed persons in Apia; and the breach of this regulation was punishable by fines. A new municipal organization would have to keep this prohibition in force. The subcommittee recommends that it should be left to the Samoan Government, when such a government has been provided, to establish regulations for controlling the sale of intoxicating liquors; and the treaty powers might agree or arrange by treaty to take the necessary steps to secure this object either under the consular jurisdictions or by such means as may be considered binding on the subjects of the several states concerned.

Count Bismarck suggested that the above should be referred to the committee of revision.

This proposal of the president was adopted.

Mr. Kasson asked which of the two alternative proposals contained in the concluding paragraph was to be taken into consideration by the committee.

Mr. Bates said that the subcommittee had considered that the point could not well be more definitely stated whilst it was yet unknown what form of civilized government would be established in Samoa.

It was agreed that the committee of revision should make their choice as to the proposal to be submitted to the plenary conference, in harmony with the other provisions contained in the above report.

Mr. Crowe then read:

report on revenue and taxation.

As regards revenue, the subcommittee, in conjunction with Mr. Crowe and Mr. Phelps, thought that it was desirable, before anything else was done, to settle the question of the income available for the purposes of government, and for this purpose they drafted an estimate of the dues and taxes which might be levied in Samoa as hereafter follows:

To a remark made at the outset that the Hid article of the treaty of January 17, 1878, between the United States and Samoa barred the levying of import or-export dues in the ports of the islands, it was stated that the United States Government were so desirous to aid the Samoan Government to raise a sufficient revenue that it might be assumed that it would offer no opposition to waiving these rights.

This much being premised, the following is a schedule of duties and taxes as finally drafted by the subcommittee.

I. Import duties. One port of entry, which shall be Apia, to be allowed for the islands, except that additional ports of entry for general use shall be established, one for each of the three treaty powers, upon the request of, and at the point named by, each power.

Sir E. Malet inquired on what consideration the last suggestion was based.

Mr. Phelps explained that the representatives of the United States desired to have their coal-ships entered at their own harbour of Pago Pago; and, as this right was asked for their Government, they wished Germany and England to have the same opportunity to choose each a port.

Count Bismarck observed that, by the treaty of 1879 with Samoa, Germany had selected the port of Saluafata as a naval station for her own use, whilst England, though having the same right, had up to the present moment not yet made a choice as to a port of her own.

Mr. Kasson considered that coal and naval stores imported for use of naval vessels on the high seas ought to be exempt from taxation.

Mr. Bates stated that this point had been considered in committee, and as the duty was so small it was not deemed necessary to provide for a special exemption for the treaty powers.

Sir E. Malet remarked that it was only proposed to levy a duty of one per cent, on coal, and this should be regarded merely as a statistical and not as an import duty.

Mr. Phelps remarked that as the income on the proposed budget would be very small, it was not worth while to make exceptions.

Mr. Crowe stated that the statistical duties in question had been placed at as low a figure as possible in order to afford no advantage to smugglers, and for this same reason the suggestion of a sole port of entry had originally been made.

Mr. Kasson said that Pago Pago was the only place in Samoa used by the United States, so far as he was aware, as a coaling station. If coal were to be taxed it would be necessary to have a customs officer there, and this expenditure would equal the revenue derived from the duty on coal. Pago Pago was distant from Apia, and it would be very annoying to take it from the former to the latter port and back again for the purpose of customs entry.

Dr. Krauel suggested that it would be sufficient for the agent of the United States at Pago Pago to furnish the authorities at Apia with the necessary details concerning the amount of importation.

Mr. Kasson doubted whether any general administration would accept such declarations as sufficient. Besides, it was a treaty right of the United States to have this particular harbour for a depot of coal and naval supplies, and it was unnecessary, and might be inexpedient, to report the quantity and value to the local government.

Sir E. Malet supposed that the Samoan Government would make the necessary regulations upon this subject at a later period.

Mr. Kasson proposed to insert that—

No duties shall be levied on coal and naval stores imported for the use of either of the treaty governments.

It was agreed that this suggestion should be noted for the consideration of the committee of revision, and that the paragraph under discussion should run as follows:

One port of entry, which shall be Apia, to be allowed for the islands.

Mr. Crowe then read the following tariffs:

I.—Duties.

		Doll. c.
1.	On ale, and porter, and beer, per doz. quarts	.50
2.	On spirits, per gallon	2.50
3.	On wine, except sparkling, per gallon	.75
4.	On sparkling wines, per gallon	1.00
5.	On tobacco, per lb	.50
6.	On cigars, per lb	1.00
7.	On arms, a piece	2.00
8.	On gun-powder, per lb	.25
9.	Statistical duly on all merchandise and goods imported, excepting the foregoing, ad valorem	1 p.c.

Mr. Kasson inquired whether the proposed duties on intoxicating liquors and fire-arms were sufficiently high.

Mr. Bates said that with regard to the duty on ale, porter, and beer, the question of revenue had been duly considered; that these liquors were imported in very considerable quantities and formed an important item of revenue.

It was agreed, on the suggestion of Mr. Kasson, seconded by Mr. Crowe, that the duty on arms (No. 7) should be raised from 2 dollars to 4 dollars.

Mr. Phelps stated with respect to No. 9 that he would ask, as he had done in the subcommittee, that the general statistical duty should be at the rate of 5 per cent, instead of 1 per cent. He regarded the latter as a mere method of keeping accounts, and rather as a system of book-keeping than as a means of obtaining revenue.

Since in the United States 45 percent, was about the average rate of import duties, he was of opinion that 5 per cent. could not be deemed excessive in this instance.

Mr. Crowe observed that as imports into Samoa were only to be allowed at the single port of Apia, it would be difficult to prevent smuggling at other places if the statistical duty was raised to a high figure. The United States Government had themselves enunciated the desire that there should be neither import nor export duties in Samoa. Large taxation had been imposed under other heads than those of customs, and it would be a hardship to increase the amount of the proposed import duties.

Mr. Kasson agreed with Mr. Phelps that an import duty was the best method of obtaining revenue; it was far preferable to the taxing of useful artisans. Smuggling would not be encouraged so long as it was better to pay a moderate duty than to run the risks of confiscation of goods. He would prefer to raise the duty to 3 per cent. to any taxation of artisans.

Mr. Phelps desired that it should be recorded that the majority of the subcommittee was not averse to a duty of 2½ or 3 per cent, and he trusted that this point would be borne in mind in all subsequent consideration of the matter.

Mr. Bates advocated a duty of 2½ per cent, as an appreciable item of revenue, yet not sufficient to encourage smuggling. He was opposed to import duties upon general economic principles, and favored freedom of trade. Here, however, any duties imposed would be for revenue and not protective. In view of the necessity for revenue and the meagre resources of the islands, he was willing to make the so called statistical duty at least 2½ per cent.

The question was referred to the committee of revision.

Mr. Crowe read:

II.—Export duties.

On copra	}	ad valorem	{	2½ p. c.
On cotton				1½ p. c.
On coffee				2 p. c.

III.—Taxes.

		Dolls.
1.	Capitation tax on Samoans and other Pacific Islanders not included under No. 2, per head per annum	1.00
2.	Capitation tax on coloured plantation labourers, other than Samoans, per labourer	2.00
3.	On boats (trading and others), excluding native canoes, each	4.00
4.	On fire-arms, each	2.00
5.	On houses and on land used for commercial purposes, ad valorem	1 p.c.
6.	For registry of deeds of sale in proportion to selling price	½ p.c.
7.	For stamp tax on transfers of property in proportion to selling price	1 p.c.
8.	Trader tax (per annum):
		Dolls.
	Class I. Stores of which the monthly sales are above 2,000 doll. each store.	100.00
	Class II. Below 2,000 doll. and above 1,000 doll	48.00
	Class III. Below 1,000 and above 500 doll	36.00
	Class IV. Below 500 doll, and above 250 doll	24.00
	Class V. Below 250 doll	12.00
9.	Trading ships	10.00

Mr. Phelps said that, lest it might be supposed that a capitation tax was collected only from Samoan and other Pacific Islanders, he called attention to the fact that, under license or other provision, each white resident paid a larger tax, viz, even white labourers and domestics, factory hands, and independent workmen.

Mr. Scott hoped the natives would be able to pay this tax without resorting to the objectionable practice of raising cash for its payment by mortgaging their communal lands and produce. He thought this expedient ought to be very strongly condemned and if possible provided against in the future.

Mr. Bates earnestly seconded Mr. Scott’s desire that means should be devised to prevent the natives from mortgaging or pledging the produce of their lands.

Dr. Krauel stated that an attempt had been made to collect this tax under the government of Tamasese with very satisfactory results. It had then been found that some districts were so eager to pay this tax that they had been known to contribute more than was legally due from them on that account.

Count Bismarck remarked that the capitation tax in Tonga amounted to 3 dollars per head, and was paid in cash.

Sir E. Malet considered that it would be most improper if the produce of the land should be mortgaged in order to pay the tax in question.

It was agreed that the conference desired to record its strong opinion of the justice of this observation, with a view to the guidance of the future Samoan Government.

In reply to Mr. Kasson it was stated that the capitation tax included all members of the native population, viz, men, women, and children.

With regard to No. 3 of this tariff of taxes (No. III) a discussion was initiated by Mr. Kasson, who expressed the opinion that native boats, other than canoes, should be exempted from taxation, provided that they were of small size and used for the purpose of retail and domestic trading.

Mr. Bates explained that the intention of the committee was to exclude from taxation all boats ordinarily used by the natives, their capitation tax being intended to be in lieu of all other taxation. He had found on inquiry that the word “canoes” did not include all such native boats, and thought an amendment required to make the intention more clear.

Various amendments were suggested as to the wording of the article, and the question was referred to the committee of revision, it being understood that some provision was desirable which should exclude from taxation “small boats employed by the natives for purely domestic purposes.”

Mr. Kasson asked, with reference to § 5, whether all houses were intended to be included in this category, or only buildings devoted to purposes of commerce.

After discussion of this subject, it was unanimously stated as the desire of the conference that the huts belonging to Samoan natives should not be subject to taxation.

Mr. Phelps said there was a tax (No. 5) on land and houses used for commercial purposes; ought there to be no tax on agricultural lands?

Mr. Crowe thought it would be unfair to lay additional charges on agricultural property or plantations, burdened as these would be with other dues and taxes on traders and export produce.

Mr. Kasson desired to know whether the stamp act (No. 7) included both real and personal property, and was to apply to ordinary sales of merchandise.

Mr. Bates explained that it was not intended that the stamp tax should have such an application, and suggested that as a stamp tax only properly applied to written documents it had not been considered necessary to express it, but there could be no objection to amending it to apply only to writings.

It was accordingly agreed that the article should run, “for stamp tax on written transfers of property,” etc.

Mr. Crowe then read the remainder of this report:

IV.—Licenses.

	Doll.		Doll.
Tavern per month	10 to 12	Engineers’ apprentices, per year	3
Attorney, barrister, solicitor, per year	60	Hawkers do	1
Doctor of medicine or dentistry, per year	30	Pilots do	24
Auctioneer or commission agent, per year	24	Printing-press do	12
Baker per year	12	Sail-maker (not employed), per year	6
Banks or companies for banks,g per year	60	Ship-builder per year	6
Barber per year	6	shoemaker do	6
Blacksmiths do	5	Land surveyor do	6
Boat-builders do	6	Tailor do	6
Butcher do	12	Waterman (not employed), per year	6
Cargo boat or lighter do	6	Salesmen, book-keepers, clerks, paid not less than 75 doll. a month per year	3
Carpenter do	6	Salesmen, book-keepers, clerks, paid over 75 doll. a month, per year	6
Photographers or artists unemployed per year	12	Unlicensed butchers in Apia, on sales	1 p. c.
Engineers do	12	Unlicensed butchers in Apia, on sales	1 p. c.
Engineers’ assistants do	6	Factory hands and independent workmen a year	5
While labourers and domestics per head a year	5

V.—Pilot-dues.

Per foot-draft a year

1

VI.—Quarantine dues.

	Doll. c.
On vessels of 50 tons	0.50
“ 50 to 100 tons	1.00
On over 100 tons	1.00
And for every farther 100 tons or fraction thereof 1 doll extra.

VII.—Judicial fees,

VIII.—Fines.

IX.—Postal receipts.

It was pointed out in reference to these duties and taxes that they are much lower than any charged in Fiji; and, on all articles except ale and porter much lower than those levied under the tariff of Hawaii; the general duty on goods imported into the latter islands being at the rate of 15 per cent, ad valorem.

It was urged, indeed, that the general statistical charge of 1 per cent, could scarcely be called a duty at all, because it was to be used for purposes of account rat her than for purposes of revenue. But stress was laid, on the other hand, upon the fact that Samoa had hitherto been entirely free from import duties of any kind; and it might be feared that if they were raised to a high figure smuggling would be dangerously encouraged.

As regards export dues it was pointed out that though undesirable they would be found necessary under the peculiar circumstances in which the islands were placed; and the rates at which they had been drafted might be considered not too burdensome.

The capitation tax of 1 dollar a head on Samoans requires to be contrasted with the far higher tax imposed in the Tonga group, in which 20,000 souls yield an income under that head of 60,000 dollars a year.

It will be seen that the duty on ships calling at Apia for trading purposes has been kept at the rate of 10 dollars habitually levied up to the present time. It was not thought desirable to raise additional income by an increase to this duty.

On the whole it would appear that the revenue from all sources, which has been estimated in the draft-budget submitted by the German Government to the conference at Washington may well reach the amount of 90,000 dollars.

There is, unfortunately, no means of ascertaining exactly the yield of all the taxes or duties included in the estimate now presented.

The entire report was referred to the committee of revision for their further consideration, and

Mr. Crowe read the

report on the special administration of the town and district of apia.

I.—The subcommittee after having considered the question what revenue could be raised for the Government of Samoa by taxation, proceeded naturally to the subject of the Government itself. The question of the creation of some distinct municipal government for the town and district of Apia, having been made a special order for Wednesday, May 8th, was on that and the following days taken up for consideration.

Dr. Krauel gave a brief history of the municipal government of Apia under the convention of September 2d, 1879, between Great Britain, Germany, the United States, and the King and Government of Samoa. This convention had never been ratified by the United States. Mr. Bates assented to this, and added that that power had accepted it, and the consuls had entered de facto into the municipal council under it, and united in executing it, as a convenient arrangement for conducting a local administration for the benefit of citizens of all the treaty powers. Attention was called to the provision of Art. II, permitting a consul who might be sent by any other power to reside at Apia to have a seat in the municipal board. This, it was agreed by all, was an undesirable stipulation. The committee also noted the limitation contained in the convention, requiring its revision at the end of four years, and directing that if the internal state of Samoa should admit of it, the powers conferred upon the municipality should pass to the Samoan Government. The convention was renewed indefinitely by agreement of the consuls Sept. 3rd, 1883, and under that extension it continued to be executed until the municipal government was terminated in October, 1887.

Dr. Krauel thought that this municipality did not work satisfactorily, and expressed his opinion that it was found undesirable to have the foreign consuls on the board.

In this opinion Mr. Scott concurred, as did also Mr. Bates, though the latter expressed the opinion that the municipal board had given Apia a reasonably good local administration. He thought its authority had been weakened by the interference of consuls with the municipal magistrate, in withdrawing persons held for trial to the consular court, and also by the power of representatives of any one power to prevent meetings. Mr. Bates also thought that the declarations by all the treaty powers in the conference would set at rest the expectation of residents of Apia that the islands would finally be annexed by some one of the powers. This had been a prime cause of local international dissensions and schemes for gaining advantages, each for his own nationality.

After a general discussion of the whole subject it was finally concluded—

1. That there should be a special local administration provided for the territory containing most of the foreign residents, being the town and district of Apia, without impairing the territorial rights of the Samoan Government.

2. That upon the municipality so to be created there should be conferred clearly defined powers over all residents and persons for the time being within its territory.

3. That the territorial limits of the district to be included in the municipality should be what was known as the municipality of Apia, as described in Art. I of the convention of Sept. 2nd, 1879, and such limits may hereafter be changed with the consent of the Samoan Government and with that of the three consuls.

4. That among the treaty stipulations to be made between the three powers and Samoa, as the result of the conference, should be included such provisions as would effectuate the creation and due execution of this local municipal administration.

This is required because the consular jurisdiction conferred by existing treaties includes the police jurisdiction over citizens and subjects of the respective treaty powers.

The question of the form of the municipal government, and the persons or body to administer it, having been fully discussed and various plans suggested, it was, finally agreed to recommend:

5. That there shall be created a municipal council composed of rate-payers, paying not less than $5 per annum. Their term of office shall be two years.

(a) It shall be composed of six members, three to be appointed by the consular representatives of the three treaty powers, one by each, and three to be elected by the rate-payers, residing within the municipality, paying not less than $5 per annum.

(b) The chairman of the council shall be an officer of the Samoan Government, to be hereafter designated, who shall have a vote, or in the absence of such officer, the council may elect its own chairman.

(c) The powers of the council shall be limited to local municipal administration including the making and enforcement of regulations and by-laws not in conflict with the Samoan laws or the treaty stipulations.

The control of the harbour and its lights, of pilotage and of quarantine were under the control of the old municipality, but the committee was of the opinion that all these subjects, as well as the collection of customs to be now provided for, should be under the control of officers of the Samoan Government.

(d) So many of the regulations of the former municipality as are applicable to the limited powers now conferred shall be deemed to be in force until repealed or amended.

(e) The board shall also appoint policemen and such minor officers as are required, and fix their compensation, terms of office, etc.

6. There shall be a municipal magistrate appointed by the Samoan Government with the approval of the chief judicial officer thereof. His term of office and compensation, and his power shall be defined hereafter. There shall also be an appeal to the chief judicial officer of the Samoan Government, in cases to be specified, under such conditions as may be prescribed by that officer.

In submitting these conclusions the subcommittee expresses its conviction—

1. That no adequate measures can be devised for the protection of the lives, commerce, and property of the foreign residents in Samoa unless they include the security of a Samoan Government sufficiently stable to restore and preserve tranquility in those islands.

2. That under present circumstances no native government can be expected to fulfil this necessary condition without foreign assistance.

The subcommittee therefore thinks that the conference should proceed, first, to consider in what form that assistance shall be rendered.

Count Bismarck thought that it should be the next task of the conference to consider the summary of this long and interesting report, and to begin by examining its two final paragraphs.

Mr. Bates said that the paragraphs alluded to by the president were not a summary of the report but suggestions relating to another subject. The report was a scheme of limited local administration in the municipality, but the concluding paragraphs concerned the general government of the islands. While it seemed manifest that the real scope of the general proposition I referred to at the last meeting of the conference included the establishment of stable government for the group, the committee did not feel sure that the reference was intended to cover that entire subject. They therefore reported these general suggestions in order to bring the subject of the government before the conference.

The subject of the proposed municipality was then taken up for consideration of the conference.

Mr. Kasson observed that the composition of the municipal council (No. 5 a) was a matter of no small importance.

Mr. Scott understood that the subcommittee had not submitted its suggestions for the composition of the municipal board as a complete and thoroughly satisfactory scheme. He thought that he might without indiscretion reveal the fact that it was practically the result of a compromise between two conflicting opinions which had been advocated in the subcommittee. One opinion was that the consuls should be in some form represented on the board. The other, which he had himself shared, was that they should be kept entirely aloof from it, so as to avoid the danger of imparting an international colour to possible disputes on purely municipal and local questions which ought to be decided solely in accordance with local requirements and interests.

He threw out a suggestion that the municipality might be divided into two or three wards or districts, and care taken that each of these should be properly represented on the board so that their wants might receive equal attention and no one part of the town be unfairly favoured to the prejudice of the others.

Sir E. Malet expressed a doubt as to the wisdom of placing the nomination of three members of the municipal council in the hands of the three consuls.

Mr. Bates was glad that this question, of the composition of the board had been raised; it had given rise to much discussion in the subcommittee. He desired to separate the consuls from the purely local administration as much as possible, but thought there were good reasons for giving them the right to appoint one member each. The police powers conferred upon the municipality include a portion of the jurisdiction heretofore exercised as part of the extraterritorial jurisdiction of the powers.

There was perhaps too much of a tendency now to criticise the consuls as a class, but whatever else they had done this one function of appointing members of the municipal board had been exercised wisely by them all. There was therefore no objection to having each of the powers whose subjects were to be governed by the council represented by one member selected by the consuls.

The election of three members was a concession to the desire of the residents to have a voice in the selection of the council, and it was sufficient for the present.

Mr. Scott’s suggestion for a distribution of the members elected could be easily effected by requiring one to be chosen from each of the three national divisions of the town, Matafele, Apia, and Matautu, or the town could be fairly divided into two districts by the Mulivai River.

Mr. Bates was strongly opposed to the suggestion of vesting the appointment in the judge if it could be avoided, as it was in his judgment not in accordance with a correct distribution of the powers of government and would he feared impair the moral influence of the judge. The designation of an officer of the Samoan Government as chairman provided an arbiter in case of a tie, and made a connecting link between the government and the municipality.

Count Bismarck remarked that if it were proposed that the judge should nominate three of the municipal council he was of opinion that a preponderating amount of local influence would be thus thrown into the hands of that official—sufficient, indeed, as possibly to affect his impartiality.

Mr. Phelps, alluding to Mr. Scott’s remarks, was willing to admit that the arrangement proposed was by way of a “compromise,” for which he was himself responsible.

The reason for which he had urged that the consuls should each name one member of the municipal council was because that board was intended to exercise consular rights over foreign subjects. If such rights were to be delegated to other authorities, the British, German, and American Governments ought to nominate these new officials, and the consuls were the best agents for the Governments to employ in selecting the members of the council, as they were in a position to nominate the fittest persons.

The clause under discussion was agreed to in principle, and was referred to the Committee on Revision.

Dr. Krauel considered that the ratepayers themselves would be well able to take care of their own interests in such elections; he had seen a similar system working without difficulty in Shanghai.

Sir E. Malet alluded to the fact that the meetings of the former municipality in Samoa had been liable to be rendered null and void on account of the absence of a single member of the board, and he suggested that decisions in the proposed new corporation should be taken by a quorum.

Count Bismarck thought that decision by majority would be advisable, which would exclude the necessity of a quorum.

To this the conference agreed.

Mr. Bates remarked that it would be needful to consider by what means the machinery for the proposed new admin stratum should be set in motion. The committee had not overlooked this point, but simply left it for future consideration.

Mr. Phelps proposed the nomination of a “second subcommittee” to consider the form of the future Samoan Government and its connection with municipal affairs.

The second subcommittee was appointed, consisting of Dr. Krauel, Mr. Phelps, and Mr. Scott, and it was arranged that they should meet on Monday, 13 May, at 2.30 p.m., and that the Committee of Revision should assemble on Tuesday, 14 May, at 10 a. m.

Count Bismarck undertook to convoke the next session of the plenary conference as soon as sufficient materials for further debate should be prepared.

The conference adjourned at 4.50 p.m.

fourth session.

Friday, 17 May, 1889—2.30 p.m.

• Present:
• For Germany—Count von Bismarck, Baron von Holstein, Dr. Krauel.
• For the United States of America—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain—Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the third meeting, held on Saturday, 11 May, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck stated that since the last meeting of the conference the 2nd subcommittee, and also the committee of revision, had been at work, and his excellency requested Sir E. Malet to make a statement as to the conclusions arrived at by the latter.

Sir E. Malet said that the committee of revision had met three times and had finished as much of their work as was possible with the matter which had hitherto been referred to them by the conference, but that to formulate definitely all the conclusions already come to by the conference must still depend in some measure upon its future decisions.

The only point of importance which he now desired to mention was a suggestion which had been adopted by the committee for reference to the conference that the chief-justice of Samoa should be nominated by the lord chief-justice of England. Her Majesty’s government were anxious to do all in their power to meet the wishes of the Governments of Germany and the United States, but they were disinclined to be in any way responsible for the actions of the chief-justice of Samoa. It was felt that if the nomination were made by the government some such responsibility might be held to attach. By placing the nomination in the hands, of the lord chief justice of England, who was not a member of the government, the odour of government selection and consequent responsibility would be entirely removed.

Count Bismarck fully agreed to this proposal, and considered that an analogous system might well be adopted in the appointment of the executive representative.

The German Government would not willingly assume the responsibility of nominating this officer, and in his opinion it would be advisable to select a subject of some neutral power, as, for instance, a Dutchman or a Scandinavian, for the appointment in question.

His excellency observed that it might be useful to suggest to the subcommittee that they should proceed in accordance with the above considerations as regards the nomination of the executive officer.

Mr. Kasson concurred with the proposal made as to the nomination of the judicial officer, which was acceptable to him in view of the non-political character of the appointment, and because the qualities required in such an official appeared to be guaranteed by the proposed manner of his nomination, viz, that he would be thoroughly acquainted with the English language, a person of sound and complete legal education, and one who could be relied upon to discharge his duties with perfect impartiality.

The proposal set forth by Sir E. Malet was accepted.

Count Bismarck repeated his suggestion that a similar method might with advantage be followed in the selection of the executive officer, with regard to whose appointment the same arguments prevailed, and that all political considerations ought to be eliminated from his nomination in order to establish a guarantee for his impartiality.

Sir E. Malet stated that Count Bismarck’s proposal would be acceptable to the British plenipotentiaries.

Mr. Kasson said that he had not as yet studied this proposal minutely; but he was in favour of its being considered by the subcommittee with a view to obtaining further details as to the nationality and method of appointment of the said executive officer.

The proposal of Count Bismarck was referred to the subcommittee and, at the request of his excellency, Mr. Scott read their “Report on the Form of the Future Samoan Government:”

The committee to whom was referred the task of “considering the form of the future Samoan Government and its connection with municipal affairs,” having considered the subject, in conjunction with Messrs. Crowe and Bates, beg leave to report:

The committee were at one in concluding—

1. That an independent and stable native government is a necessary condition to the security of foreign interests.

2. That the forms of authority now existing on these islands could not be considered as fulfilling these conditions or even be recognized as governments at all.

Count Bismarck thought that it might be preferable, to use the word “government” instead of “governments” in the last line of No. 2.

Mr. Phelps said that the purpose of using the plural number with reference to the actual authorities in Samoa had been in order to avoid indicating either the control of Tamasese or Mataafa, in such a way as to exclude neither and to include both.

Count Bismarck feared lest the word, standing as it did in the report, might give rise to misunderstanding, since the object of the conference was to provide a new government for Samoa, and expressed a wish that the committee of revision should give its attention to this question.

Mr. Scott read:

3. And that, to secure both the independence and the stability of the native government to be established, it is necessary that the Samoans should choose and construct their own form of government, after their own native fashion, and administer it themselves receiving from the treaty powers only such counsel and aid as they might ask and need.

Count Bismarck suggested the insertion of the word “conjointly” after the words “from the treaty powers.”

This wording would avoid a possible misinterpretation of the clause; since, as the judge would act under the combined influence of the three treaty powers, it would be well to demonstrate that they were proceeding in concert in this particular.

Mr. Phelps gladly accepted Count Bismarck’s suggestion, as giving clearer expression to the views of the subcommittee, viz, to offer no counsel and no aid except such as should be furnished by all of the three powers acting together.

Mr. Scott read:

With these general views the committee were willing to suggest, by way of counsel and aid, the following:

form of government.

1. The natives might elect a king.

2. The natives might also elect a vice-king, if they wished to do so.

On this point the committee divided, some thinking the existence of a vice-king harmful because it perpetuated a jealousy between two native sections; others, that it recognized and appeased this jealousy.

Whether there should be any restriction as to candidates was left to the general conference.

Mr. Kasson proposed in view of the uncertainty of opinion existing as to the proposals in this respect, that the two above clauses should form the subject of further discussion at the next meeting of the conference.

This proposal was adopted.

Mr. Scott read:

3. That any disputes as to this or other elections might be decided and the results declared by the land judge, whom, for convenience, we may call the judicial representative of the three powers.

Sir E. Malet remarked that the title given by the committee of revision to the land judge was “chief-justice of Samoa.”

Count Bismarck suggested that the committee of revision might determine the appellation of the official in question.

Mr. Kasson observed that the term was merely descriptive of the office to be created, and that the exact title would be settled without difficulty.

Mr. Scott read:

All were agreed here, that the election must be decided by some one, and the plan proposed was deemed worthy of suggestion by all. The judge was certainly better, as an umpire, than the consuls or a man-of-war, as provided in the agreement of December 15th, 1879.

While considering this use of the judge it was deemed wise to suggest that his functions should be defined so as to include (a) duties in land court; (b) duties in elections; (c) duties in appeals from the municipal magistrate; (d) duties as appellate judge and final umpire, in any misunderstanding between the Samoan Government and the representatives of any of the treaty powers.

4. That the Samoans might reconstitute their old Taimua and Faipule, or adopt such other legislative machinery as they might prefer.

5. The committee suggest that the foreign powers have an executive representative who shall be the adviser of the Samoan Government in all matters that concern foreign interests.

The above was accepted in principle and referred to the committee of revision.

Mr. Bates desired that if proposals were sent back to the subcommittee it should be clearly understood whether or no the said committee were at liberty to consider any alternative propositions submitted in the course of their deliberations.

Sir E. Malet observed that the subcommittee should only be empowered to examine proposals which were sent back to it by the conference for reconsideration, otherwise the proceedings of the conference would come to a dead-lock.

Count Bismarck considered that the only questions to be reconsidered by the subcommittee were those of the nationality and mode of appointment of the executive representative; if the discussion of questions that had already been dealt with by subcommittees, and about which the commissioners had arrived at an agreement, should be reopened, the conference and the committees would be in danger of undoing their own work after the fashion of Penelope’s web.

Mr. Phelps remarked that this portion of the report would in due course be put into more perfect shape by the committee of revision.

Mr. Bates understood that all proposals of the subcommittee were subject to the result of the consultations of the plenipotentiaries with each other and with their respective governments, and were accepted by the plenary conference simply “ad referendum.” This had been distinctly understood at the outset with reference to reports of subcommittees.

Baron Holstein thought it well to recur to the plan which the conference had adopted at the beginning. The admission underlying all the work of the committee was that all the conclusions of the conference, in principle and detail, were adopted, subject to the final approval of their governments—in short, “ad referendum.” To facilitate work the conference had given the preparation of its business to three committees; there was the committee on revenue, land, etc. This committee had reported; its work was approved by the conference, and was already gone to the committee of revision. The duty of this committee was to revise the work of separate committees, so as to make it appear as a consistent whole. The third committee was to report the form of future government for Samoa. Mr. Phelps had reported for it; the conference had accepted most of the recommendations, but had referred some back to that same committee for further consideration.

Mr. Bates said that there appeared to be some misapprehension as to the functions of the committee of revision. He understood that their function was to revise or edit the conclusions of the conference, and not to substitute new proposals. For instance, he considered that if this report be accepted without qualification it would not be in their power to propose any other plan than that of a single executive representative. He wanted the opportunity of consulting his Government upon such points, if necessary.

Mr. Phelps thought that was a correct statement. The committee of revision was mainly one of editing, but it would be necessary, as its task was to unite all separate reports, as Baron Holstein said, into one consistent whole, to make such changes in details, as well as in words, as would accomplish this object.

Sir Edward Malet agreed in this view.

Count Bismarck also agreed therewith, and said that it was understood that the final conclusions of the conference were to be taken “ad referendum “to the respective governments. Meanwhile, it was hardly possible to refer to the governments for instructions on every point of detail. Each group of plenipotentiaries had instructions to which they might refer, and they could easily discover how far the decisions to which they adhered tallied with their instructions. His excellency proposed that the subcommittee should simply reconsider the two points referred back to them.

This proposal was adopted.

Mr. Scott then read the remainder of the report as follows:

The executive representative shall be appointed by the Samoan Government, upon the nomination of the three powers, and shall advise the Samoan Government in all matters, where he can he useful, but especially shall he perform the following duties:

A. —He shall be the president of the municipal board of Apia.

B. —He shall control the income and expenditure of all custom duties and of the revenue collected otherwise in the district of Apia, a certain sum being set aside annually by him for the requirements of the municipality of Apia, which can be altered by the judicial representative upon appeal.

C. —He shall superintend the harbour and quarantine regulations and other measures connected with foreign trade and shipping.

6. The question of salaries coming up, it was agreed that the salary of the judicial and executive representatives ought to be paid, or at least guaranteed by the powers; that the salary of the judicial should be larger than that of the executive representative. Opinion as to the amount of these salaries varied. Some preferred $7,500.00 for the judge; others thought $5,000.00 sufficient. For the salary of the executive representative $4,000.00 was mentioned.

Mr. Kasson stated that the committee of revision had concluded in favour of a salary of $6,000 for the judge or chief-justice, which amount appeared to be a just medium of the suggested remuneration for the services of that officer.

Count Bismarck agreed, inasmuch as the judge ought not to receive a smaller salary than a foreign consul in Samoa. The German consul had a salary of $6,000; as the conference was agreed that it was very important to procure the best possible person for the office of judge, the pay of the latter should at least be equal to that of the best paid consul on the spot.

The conference agreed to the foregoing conclusion and to the proposal that the executive representative should receive a somewhat smaller salary than the judge.

Sir E. Malet inquired whether the question of paying or guaranteeing the salary of the judge by the powers had been well considered. He asked whether it would be needful to do so beyond the period of one year, and he doubted whether his government would be disposed to go beyond a limited period for this purpose.

Mr. Phelps suggested that the words “as long as it may be necessary” might be inserted in this clause.

Count Bismarck thought that the Samoans would be able to pay at the outset at least one-half of the necessary amount, out of the taxes, and that if the treaty powers should agree to guarantee the salaries of both the judicial and the executive officer they would hardly risk having to pay more than a few thousand dollars between them during the first period of perhaps a couple of years.

Sir E. Malet asked whether the salaries of the judicial and executive officers might not be made a first charge upon the revenues of Samoa.

Mr. Kasson remarked that these officers were hot to be appointed for the benefit of the Samoans themselves, but rather in the interest of the subjects of the three treaty powers and of other foreigners—as it was not contemplated to force any particular form of government upon the Samoans, it was but reasonable that the powers, in whose interests these officers were to be appointed, should at first bear the expense of their maintenance.

Mr. Bates suggested that the recommendation as to the actual payment of these officers might be omitted, whilst the guarantee for their salaries for a fixed or indefinite period might remain.

Mr. Phelps agreed entirely with the views expressed by Mr. Kasson upon this point.

Mr. Bates gave it as his opinion that it was good and expedient to nominate officials to act in the interests of foreigners, but every person with a local and practical knowledge of the affairs of Samoa would understand that these officers would virtually constitute the Samoan government. Their success would depend on the services actually rendered by themselves; they would be the collectors and comptrollers of the revenue, which ought to furnish all the requisite outlay.

It would promote the efficiency of the said officers to make them dependent upon their own efforts.

Sir E. Malet observed that the native government would not have the power of removing these officials.

Count Bismarck remarked that the two officers would have the important task of maintaining order in the municipal district of Apia. It would also be their duty to watch over the interests of foreigners. In principle, no doubt, they should be paid by the Samoan Government; but if this were found to be impracticable for the first few years, he opined that the three treaty powers might undertake conjointly this small expenditure in their own interests.

Mr. Phelps was willing, if such were the desire of the conference, that the powers should agree to guarantee and not to pay these salaries; but he must remark that the opinion of the sub-committee had been in favor of payment because the said officers would be the actual judicial and executive representatives of the three powers. It was therefore right that they should be paid by the powers and not by the Samoans, who would, indeed, at first be unable to do so from lack of means.

Again, the required officials would need to be assured of their salaries on accepting such distant and important employments.

He felt sure that the United States Government would be willing to pay one-third of the expense and so to assist in the formation of a system of government for Samoa, at least for a time.

Moreover, as the two officers would have the disposal of all revenues collected, they would naturally provide their own emoluments out of the said funds so soon as the income of the country allowed of their doing so.

Count Bismarck presumed that if the estimated revenue of $90,000 were forthcoming there would be no difficulty in creating a first charge thereupon for the salaries in question.

Mr. Kasson desired to know who would be charged with the assessment, custody, and disbursement of the revenue collected. It would surely be necessary to appoint a treasurer.

Count Bismarck thought that the executive official might undertake this duty.

Mr. Kasson considered that an officer acting as auditor would still be required; he suggested that the subcommittee should consider this matter.

Mr. Phelps understood from the tenor of the report under consideration that it would be the function of the judge to decide this, like all other differences, on appeal.

Mr. Kasson trusted that the committee of revision would harmonize this detail in conformity with the other conclusions of the conference.

Mr. Bates urged that the sub-committee had, as yet, prepared no complete scheme of a form of Government for Samoa. He desired to know what committee or sub-division of the conference had the task of framing such proposals and how it was intended that the future system of Government in Samoa should be set in motion.

Count Bismarck had no doubt that when the Samoan Government was once fairly constituted, it would find no difficulty in setting its own machinery in motion.

Mr. Bates asked in what manner the first election of the proposed municipal council was to be managed.

Sir E. Malet understood that this would be under control of the judge, according to the provisions of the report now under the consideration of the conference.

Baron von Holstein proposed that the committee of revision should consider these particular points.

This proposal was adopted.

The President proposed that the remaining subjects of discussion should be dealt with by the subcommittees and that the committee of revision should work upon all matters submitted to it from day to day.

Count Bismarck’s proposal was unanimously accepted.

The conference adjourned at 3.50 p.m.

fifth session.

Wednesday, 22 May, 1889—3 p.m.

• Present:
• For Germany.—Count von Bismarck, Baron von Holstein, Br. Krauel.
• For the United States of America.—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain.—Sir Edwin Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the fourth meeting, held on Friday, 17 May, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck inquired of Sir E. Malet what progress had been made by the committee of revision with their important labors.

Sir E. Malet said that the committee of revision had worked assiduously and had virtually completed their report as far as regarded the materials already placed into their hands. The result of their deliberations would shortly be placed before the plenary conference in the form of a complete act.

Count Bismarck proposed that the plenary conference should discuss the conclusions of the committee of revision as soon as the plenipotentiaries had received the same in print and had had time to consider them.

Mr. Kasson was convinced that the report of the committee of revision would lead to no protracted discussion, since they had not felt at liberty to alter any principle involved in proposals which were accepted by the conference. They had chiefly occupied themselves with adjusting necessary details, supplying omissions, and putting the different proposals into a harmonious scheme. He gave the outline of the arrangement which they proposed to report.

Count Bismarck expressed his assurance that the careful work of the committee of revision would certainly achieve the objects which the conference had in view and would formulate the decisions taken in the best possible manner.

It was agreed that the report of the committee of revision should be laid before the next meeting of the plenary conference.

Count Bismarck: observed that during the last meeting, when the report on the form of the future Samoan Government had been discussed, the following points had been reserved for future consideration, viz, that—

1. The natives might elect a king.

2. The natives might also elect a vice-king, if they wished to do so.

His excellency understood that the plenipotentiaries of the United States had been made acquainted with the views of their Government in this respect.

The conference had already agreed that it was desirable to interfere as little as possible with the internal affairs of Samoa, and the German Government had no objection to recognizing any form of government which the natives might choose for themselves. The principle of the election of a king was therefore acceptable, but he was bound to make one exception, in the person of Mataafa, on account of the outrages committed by his people and under his authority upon dead and wounded German sailors lying on the field of action.

Sir E. Malet considered the exception made by Count Bismarck as fair and reasonable. His Government would have probably entertained a similar objection, had the like outrages been committed on British sailors. His excellency then read the following statement:

With reference to the question of the election of a king, which is now before us, we are anxious to make a proposal which, we trust, may recommend itself to you We are advised by those who have a local knowledge of the country that if the powers disclaim all intention of intervention and devolve upon the Samoans themselves the duty of freely electing their king, the result will be that they will have given the signal for civil war; as the practice of the islands only confers kingship upon the chief who is able to vindicate his supremacy by arms. A peaceful election, such as is the design of the powers, is, we are assured on good authority, not possible. Now civil war would be a lamentable beginning to our efforts toward the peace and good government of the islands. We have therefore turned for guidance to the principles which were announced on behalf of the three governments at the opening of the conference, and we find in the words pronounced by the first American plenipotentiary a practical suggestion. He expressed the earnest desire of his Government for the restoration of the status quo. On the same occasion the president of the conference announced that Malietoa, the former Samoan king, had been released by His Majesty the Emperor of Germany.

We have reason to suppose that, if such a peaceful election as we believe to be impossible could take place, Malietoa would be returned by a large majority.

We therefore propose that, in the interests of the peace and prosperity of the islands, it should be intimated to the Samoan people that if they will take Malietoa as king, such act on the part of the Samoans shall receive the sanction of the treaty powers.

Count Bismarck was of opinion that Sir E. Malet’s proposal was much to the point; since all were agreed that the main, if not the sole, object of the conference was to secure peace and order in Samoa. He therefore considered the motives of the suggestion to be sensible and acceptable. He referred to what he had stated before with respect to Samoan autonomy, and repeated that in case Malietoa should carry the votes of his countrymen there would be no reason to raise an objection.

Mr. Kasson said that he and his colleagues had foreseen a great practical difficulty if such an election had taken place whilst Samoa was still held by two rival chiefs at war with one another. He recognized the amicable character of Sir E. Malet’s proposal, to the principle involved in which he had no objection, and he suggested that it should be referred to the committee of revision.

Sir E. Malet expressed his satisfaction at the kind reception accorded to his proposal by the plenipotentiaries of the other two powers.

The proposal was accordingly referred to the committee of revision.

Count Bismarck: proposed now to consider the question which had been referred back to the subcommittee at the last meeting, namely, the nationality and mode of appointment of the executive representative to act as adviser to the Samoan Government.

Dr. Krauel stated that the subcommitte had reconsidered this subject but had not been able to come to any decision, as they understood that some further proposal was likely to be made to the plenary conference upon the point in question.

Mr. Phelps said that he had felt it his duty to call the attention of the subcommittee to the fact that he had learned that the United States Government, while recognizing some of the advantages of a single adviser, would much prefer two advisers. The subcommittee, as Dr. Krauel had said, thought the consideration of this proposal to be beyond their powers, and it was therefore now brought before the conference.

The two advisers would be selected by the three powers and would be of different nationalities from each other and from the judge. When the two agreed, their decision would be final; where they disagreed, the decision would be left to the judge. Neither adviser could be president of the municipal board of Apia, and the board would meet to elect its own president. As their agreement would give the advisers absolute control within their own sphere, the tendency of the plan was to induce them to harmonize their views and thus to avoid yielding control to the judge.

They would soon learn that it was preferable not to quarrel.

Baron Holstein inquired which of the two systems proposed would be the less expensive.

Mr. Phelps admitted that the system of one executive officer would certainly be cheaper; but he thought that if there were two such officers they might receive smaller salaries, say, $2,000 or $3,000.

Count Bismarck did not think that it would be feasible to find trustworthy officials for such posts in those distant parts of the globe at so low a salary as $3,000.

Sir E. Malet said that he had heard with regret this new proposal of the United States plenipotentiaries, which appeared calculated to alter an entire scheme which the conference had been on the point of completing. He thought that the present view of the United States Government might be founded on an incomplete knowledge, as the whole scheme elaborated by the conference had not been before them. He trusted that the Government would reconsider the scheme as a whole, in which event he felt confident that they would recognize in it a happy expedient for the avoidance of disputes between the representatives of the three powers. It might be that the wish of the United States Government was consequent on the assignment of the nomination of the chief justice of Samoa to the lord chief justice of England; that they, therefore, were of opinion that a German and an American should also hold positions of influence in the Samoan Government. If that were so he must repeat that that arrangement was agreed to by Her Majesty’s Government as a concession in order to solve difficulties, and that, in agreeing, they repudiated all responsibility for the acts of the chief justice and all representation on his part of the British Government.

He inquired whether in the event of a disagreement between the adviser nominated by the German Government and the one nominated by the United States, if it were proposed that they were to refer to the chief justice for his decision, the latter would not be compelled to side with one or other of the advisers, viz, with an American or with a German adviser. Such a measure would re-introduce the system of decision by majorities.

This system, as he was instructed, could not be admitted by his Government; it was one which would revive all the former difficulties and jealousies in Samoa, and would perpetuate the troubles which it was the principal object to the conference to allay. He would, therefore, propose that the conference of revision should complete the drawing up of the general act on the lines previously agreed to as a preliminary to the consideration of the alternative scheme.

Mr. Phelps admitted the justice of Sir E. Malet’s observations, in as far as, if there were two advisers, whilst the judge would in all probability be an Englishman, he thought that the three powers in choosing two advisers would be apt to select an American and a German.

Count Bismarck fully agreed with the remarks of Sir E. Malet, and he trusted that when the final act came before the United States Government they would find the whole scheme to be acceptable. Meanwhile, if it were so desired, the new proposal might be laid before the United States Government as an alternative suggestion and the final form to be adopted might be reserved until they had expressed their opinion thereupon. He considered it advisable to provide the Samoans with as few officials as possible, owing to the difficulty of providing salaries for them. The natives might be unable or unwilling to pay two executive officers, and if the three governments had to pay them, as well as their own consuls, a large item of expenditure would be created.

In his opinion the suggestion of Sir E. Malet was most reasonable; and if the United States Government were not willing to accept the proposal the matter might be arranged later between the three powers.

Mr. Phelps admitted that in view of the disfavor with which his proposal had been received it would be unwise on his part to press it further upon the conference. He would therefore accept Sir E. Malet’s proposal and leave the matter for final decision at a later period. He only desired to add that if the system of two advisers were accepted it was the opinion of his Government that they would be efficient in protecting the interests of foreigners, and that the United States Government would therefore be willing to pay one-third of all official expenditure thus incurred.

He suggested that the conference might proceed to consider the method of appointment of the executive officer, in case only one should be chosen; and he suggested, in the interests of all and as very satisfactory to his own Government, that the appointment might best be conferred upon a Dutch or Swiss subject, on the nomination of some neutral power; for example, the nomination might be made by the President of the Swiss Republic.

Mr. Scott was of opinion that the Swiss Government were not sufficiently acquainted with the interests of distant colonies to enable them to make such nominations.

Count Bismarck agreed with Mr. Scott; he was glad that Mr. Phelps had been able to meet more than half-way the views expressed by other plenipotentiaries, and he proposed that the point at issue should be referred to the committee of revision for examination by them in its present form.

This proposal was adopted.

Mr. Scott said that he did not desire to ask the conference to undo any of the work which it had already completed, but there was one recommendation of the subcommittee of which he had been a member which had been sent to the committee of revision in an admittedly incomplete form. He alluded to that concerning the composition of the municipal council. In the third sitting of the conference he had explained the origin of this recommendation, and the suggestion which he had made on that occasion for some provision to secure an equal representation of the natural divisions of the municipal district had, he thought, met with a certain measure of general approval on the part of the conference; but he understood that the committee of revision had not as yet been able to give effect to it.

He believed that the German plenipotentiaries found themselves unable to support the proposal for a division of the municipality into two or three wards unless all the members of the proposed council were elected and the proposal for three consular nominees were abandoned.

He therefore desired to suggest the following alternative scheme for the composition of the municipal council, which he hoped would meet the views both of the German and American plenipotentiaries:

(1) To amend the original proposal of the subcommittee by the suppression of the three consular nominee members of the municipal council and by providing instead that all six members shall be elected; three of them by ratepayers resident in the district lying to the west of the Mulivai River and three by ratepayers resident in that part which is situated to the east of the said river.

(2) To add to the original proposal in its amended form the following words:

“All regulations passed by this council under Article . . of this act, before becoming law, shall be referred to the consular representatives of the three treaty powers, sitting conjointly as a consular board, who shall either approve and return such regulations or suggest such amendments as may be unanimously deemed necessary by them. Should the consular board not be unanimous in approving the regulations referred to them, or should the amendments unanimously suggested by them not be accepted by a majority of the full municipal council, then the regulations in question shall be referred for final decision to the chief judicial officer of the Samoan Government.”

He added that in his opinion such a scheme, in addition to securing an equal attention to all the local wants and interests of the municipal district, would also have the advantage of minimising the danger of rivalry and jealousies which would be likely to arise in the municipal council itself, if half the members held their seats by appointment and half by election.

The desire of the United States plenipotentiaries to give the consuls some influence in the municipal government would be better satisfied by allowing them to exert it whilst sitting apart in a clearer and more independent atmosphere than that of the council room.

Mr. Kasson believed it to be the opinion of the committee of revision that it was not advisable to create too elaborate a machinery for simple working purposes. It would be better to define and limit the powers of the municipal council; and then trust to its discretion, subject to the revision and sanction of the chief-justice. In this manner it might be expected that the ordinances and regulations drawn up by the council would be found to be just and reasonable, whilst the superintendence of the chief-justice would prevent any extravagant action on the part of the municipal board.

He was well aware that topographical distribution must be taken into account in the formation of a municipal council; this was everywhere the case, and he approved the suggestion. Therefore, if the lines of demarcation had been well ascertained by the experts, he agreed that the members of the proposed body should belong to different districts.

Count Bismarck observed that it might be left for consideration in a committee, to examine what electoral system would suit best the local wants.

Mr. Phelps proposed that the subject should be referred to the committee of revision.

Sir E. Malet suggested that it should rather be referred back to the subcommitee, giving them power to come to a decision and to submit the same to the committee of revision.

This proposal was accepted.

Mr. Phelps asked permission to revert to certain views expressed by Count Bismarck at the beginning of the session, that he might state that the silence of the American plenipotentiaries was not to be construed as assenting to those views, except as they expressed an indignation at the atrocities mentioned, with which the United States heartily sympathized.

Happily the assent of the conference to Sir Edward Malet’s proposition made the question of who among the natives was responsible for these atrocities a mere academic question and the subject need not therefore be further pursued.

The conference adjourned at 4.10 p.m.

sixth session.

Monday, 27 May, 1889—3 p.m.

• Present:
• For Germany—Count von Bismarck, Baron von Holstein, Dr. Krauel;
• For the United States of America—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates;
• For Great Britain—Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the fifth meeting, held on Wednesday, 22 May, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck said that the conference would see with satisfaction that the project of the general act had been completed and laid before the plenipotentiaries by the committee of revision.

His excellency proposed at once to consider the said project with a view to the discussion of its various sections, and proceeded to read as follows:

project of the general act of the samoan conference.

His Majesty the Emperor of Germany, King of Prussia, the President of the United States of America, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India,

Wishing to provide for the security of the life, property, and trade of the citizens and subjects of their respective Governments residing in or having commercial relations with the Islands of Samoa, and desirous at the same time to avoid all occasions of dissension between their respective Governments and the Government and people of Samoa, while promoting as far as possible the peaceful and orderly civilization of the people of these islands, have resolved, in accordance with the invitation of the Imperial Government of Germany, to resume in Berlin the conference of their plenipotentiaries which was begun in Washington on June 25, 1887, and have named for their present plenipotentiaries the following:

• His Majesty the Emperor of Germany, King of Prussia:
  • Count Bismarck, minister of state, secretary of state for foreign affairs,
  • Baron Holstein, actual privy councellor of legation,
  • Dr. Krauel, privy councellor of legation;
• The President of the United States of America:
  • Mr. John A. Kasson,
  • Mr. William Walter Phelps,
  • Mr. George H. Bates;
• Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India:
  • Sir Edward Baldwin Malet, Her Majesty’s ambassador to the Emperor of Germany, King of Prussia;
  • Charles Stewart Scott, esquire, Her Majesty’s envoy extraordinary and minister plenipotentiary to the Swiss Confederation;
  • Joseph Archer Crowe, esquire, Her Majesty’s commercial attaché for Europe;

who, furnished with full powers, which have been found in good and due form, have successively considered and adopted—

• First. A declaration respecting the independence and neutrality of the islands of Samoa, and assuring to their respective citizens and subjects equality of rights in said islands, and providing for the immediate restoration of peace and order therein.
• Second. A declaration respecting the modification of existing treaties, and the assent of the Samoan Government to this act.
• Third. A declaration respecting the establishment of a supreme court of justice for Samoa, and defining its jurisdiction.
• Fourth. A declaration respecting titles to land in Samoa, restraining the disposition thereof by natives, and providing for the investigation of claims thereto, and for the registration of valid titles.
• Fifth. A declaration respecting the municipal district of Apia, and providing a local administration therefor.
• Sixth. A declaration respecting taxation and revenue in Samoa.
• Seventh. A declaration respecting arms and ammunition, and intoxicating liquors, restraining their sale and use.
• Eighth. General dispositions.

Article I.

A declaration of the independence and neutrality of the islands of Samoa, and assuring to their respective citizens and subjects equality of rights in said islands, and providing for the immediate restoration of peace and order therein.

It is declared that the islands of Samoa are neutral territory in which the citizens and subjects of the three signatory powers have equal rights of residence, trade, and personal protection. The three powers recognize the independence of the Samoan Government and the free right of the natives to elect their chief or king and choose their form of government according to their own laws and customs. Neither of the powers shall exercise any separate control over the islands or the government thereof.

It is further declared, with a view to the prompt restoration of peace and good order in the said islands and in view of the difficulties which would surround an election in the present disordered condition of their Government, that Malietoa Laupepa, who was formerly made and appointed King on the 12th day of July, 1881, and was so recognized by the three powers, shall again be so recognized hereafter in the exercise of such authority, unless the three powers shall by common accord otherwise declare; and his successor shall be duly elected according to the laws and customs of Samoa.

With respect to the wording of the preamble of Article I, Dr. Krauel suggested a verbal alternation, which was supported by Mr. Bates, and upon explanations furnished by Mr. Kasson it was agreed that the said preamble should be worded:

Article I.

A declaration of the independence and neutrality of the Islands of Samoa, and assuring to the respective citizens and subjects of the signatory powers equality of rights in said islands; and providing for the immediate restoration of peace and order therein.

Count Bismarck proceeded to read:

Article II.

A declaration respecting the modification of existing treaties, and the assent of the Samoan Government to this act.

Considering that the following provisions of this general act can not be fully effective without a modification of certain provisions of the treaties heretofore existing between the three powers, respectively, and the Government of Samoa, it is mutually declared that in every case where the provisions of this act shall be inconsistent with any provision of such treaty or treaties, the provisions of this act shall prevail.

Considering further, that the consent of the Samoan Government is requisite to the validity of the stipulations hereinafter contained, the three powers mutually agree to request the assent of the Samoan Government to the same, which, when given, shall be certified in writing to each of the three Governments through the medium of their respective consuls in Samoa.

Article III.

A declaration respecting the establishment of a supreme court of justice for Samoa and defining its jurisdiction.

• Section 1. A supreme court shall be established in Samoa to consist of one judge, who shall be styled chief-justice of Samoa, and who shall appoint a clerk and a marshal of the court; and record shall be kept of all orders and decisions made by the court, or by the chief-justice in the discharge of any duties imposed on him under this act. The clerk and marshal shall be allowed reasonable fees, to be regulated by order of the court.
• Section 2. With a view to secure judicial independence and the equal consideration of the rights of all parties, irrespective of nationality, it is agreed that the chief-justice may be named by the Lord Chief-Justice of England, and shall be of English professional experience. He shall be learned in law and equity, of mature years, and of good repute for his sense of honor, impartiality, and justice.
• His decision upon questions within his jurisdiction shall be final. He shall be appointed by the Samoan Government upon the certificate of his nomination as herein provided. He shall receive an annual salary of six thousand dollars ($6,000) in gold or its equivalent, to be paid the first year in equal proportions by the three treaty powers, and afterward out of the revenues of Samoa apportioned to the use of the Samoan Government, upon which his compensation shall be the first charge. Any deficiency therein shall be made good by the three powers in equal shares.
• Section 3. In case either of the four Governments shall at any time have cause of complaint against the chief-justice for any misconduct in office such complaint shall be presented to the authority which nominated him, and if in the judgment of such authority there is sufficient cause for his removal, he shall be removed. If the majority of the three treaty powers so request, he shall be removed. In either case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as herein before provided.
• Section 4. The supreme court shall have jurisdiction of all questions arising under the provisions of this general act, and the decision or order of the court thereon shall be conclusive upon all residents of Samoa. The court shall also have appellate jurisdiction over all municipal magistrates and officers.
• Section 5. The chief-justice is authorized, at his own discretion, and required upon written request of either party litigant, to appoint assessors, one of the nationality of each litigant, to assist the court, but without voice in the decision.
• Section 6. In case any question shall hereafter arise in Samoa respecting the rightful election of King or other native authority, or respecting the validity of the powers which they may claim in the exercise of their office, such question shall not lead to war, but shall be presented for decision to the chief-justice of Samoa, who shall decide it in writing conformably to the provisions of this act and to the laws and customs of Samoa not in conflict therewith, and the signatory Governments will accept and abide by such decision.
• Section 7. In case any difference shall arise between either of the treaty powers and Samoa which they shall fail to adjust by mutual accord such difference shall not be held cause for war, but shall be referred for adjustment on the principles of justice and equity to the chief-justice of Samoa, who shall make his decision thereon in writing.
• Section 8. The chief-justice may recommend to the Government of Samoa the passage of any law which he shall consider just and expedient for the prevention and punishment of crime and for the promotion of good order in Samoa outside the municipal district, and for the collection of taxes without the district.
• Section 9. After the organization of the supreme court civil litigation arising in Samoa outside the municipal district in which a Samoan native shall be of one party and a foreigner of the other party shall be transferred from the consuls and shall come with the jurisdiction of the supreme court. Crimes and offences occurring outside the municipal district committed by natives against foreigners, or by foreigners against natives, shall also come within the jurisdiction of the supreme court, and shall be punished in accordance with the practice of civilized nations.
• Section 10. The jurisdiction over civil matters arising and crimes and offences committed within the municipal district of Apia which has heretofore been exercised by the consuls of the respective treaty powers shall, after the civil organization of the municipality as hereinafter provided shall be completed, be transferred to and assumed by the judicial tribunals within said district.

Article II was adopted.

With regard to Article III, Mr. Bates inquired, with reference to section 3, what would be considered sufficient cause for the removal of the chief-justice, and whether he could be removed at the request of a majority of the three treaty powers, with or without sufficient cause.

Sir E. Malet supposed that there would be no proposal for the removal of the chief-justice without sufficient cause.

Mr. Bates objected to the provision permitting the removal of the judge upon the simple request of a majority of the three treaty powers. He thought the provision unwise, since no such man as it is hoped by all may be selected for this dignified position, would be likely to accept any office from which he might be removed without cause at the will of two of the powers. He would not object to a removal by the joint action of the three powers, and that ought to be readily secured in any case which would warrant such summary action.

Mr. Kasson thought it better that the clause should remain as it stood. Special occasions might arise in which the delay for the trial of the question in England would be very injurious. It could hardly be supposed that any two of the powers would unite in so serious a step without the most unquestioned cause for such action. The government of the nationality of the judge might hesitate where the other two powers would be satisfied. It was thought best to have this authority, although not likely to be exercised, as a sort of security against possible partiality.

Sir E. Malet suggested that it would be advisable to make provision for supplying the place of the chief-justice in case of his death or inability to continue the exercise of his functions.

Mr. Scott understood that in all British possessions care was taken that the course of justice should never be suspended, and he considered a similar precaution most necessary when establishing a court of justice to which, according to sections 9 and 10 of the article under consideration, it was proposed to transfer an important part of the jurisdiction now vested in the consuls of the three powers.

Mr. Crowe agreed with the observation made by Mr. Scott.

Count Bismarck thought that in case of necessity the minor functions of the chief-justice might be delegated to the consuls during the interval which must elapse before the arrival of his successor, subject to revision by the incoming chief-justice. It was, however, hardly requisite to provide beforehand for all such emergencies.

Mr. Scott indicated certain cases in which a serious defect of justice might occur if no provision were made for temporary substitute to carry on the business of the court in case of the judge’s death.

Count Bismarck suggested that the executive officer might be charged with these functions during a limited period of vacancy in the office of chief-justice, say for three months; or the three powers might agree to exchange views with the purpose of nominating a substitute until a successor should be appointed.

Mr. Scott was of opinion that the chief-justice might appoint his substitute during his own life-time.

This suggestion was adopted.

Count Bismarck referred to section 6 of Article III, the provisions of which he considered should be revised, especially as regarded the words “such question shall not lead to war.”

Mr. Kasson explained that the committee of revision had desired to lay down the rule that the local chieftains should no longer resort to fighting for the purpose of settling local rivalries, as, for instance, between the heads of tribes, and about conflicting claims among themselves.

Sir E. Malet proposed that the words “civil war” should be used.

Baron Holstein agreed with the suggestion of Sir E. Malet.

Mr. Bates objected to the words “other native authority.” The object of the section—the prevention of civil war—was secured by referring to an impartial tribunal the election of the king or chief executive officer, by whatever name called. The project as originally drawn placed the election of “king, vice-king, or chief” under the jurisdiction of the chief-justice. The change had not disposed of the objection to that language. To permit foreign interference with the selection of a chief other than the supreme ruler would violate the principle laid down at the outset, and would foment rather than compose civil disorder.

Civil war in Samoa had heretofore arisen only from differences about their chief rulers. There was no need of foreign interference about other chiefs. When any differences arose about the selection or authority of their minor chiefs they had a summary—and to them satisfactory—method of settling such disturbances.

It was agreed that section 6 should run as follows:

Section 6. In case any question shall hereafter arise in Samoa respecting the rightful election of king or other supreme chief, or respecting the validity of the authority which he or any chief may claim in the exercise of his office, such question shall be presented for decision to the chief-justice of Samoa, who shall decide it in writing, conformably to the provisions of this act and to the laws and customs of Samoa not in conflict therewith; and the signatory Governments will accept and abide by such decision.

Mr. Bates called attention to the fact that although in section 7 there was a provision for arbitrating differences between any one of the treaty powers and Samoa, there was no agreement on the part of the signatory powers that they would respectively accept and abide by the result of such arbitration. Whatever is meant should be expressed and no room left for future misunderstandings.

Sir E. Malet, Mr. Kasson, Count Bismarck, and Mr. Phelps were of opinion that the clause admitted of no ambiguity, and they would prefer to let it remain as it stood in the text.

Mr. Kasson referred to sections 9 and 10 of Article III, which he understood to be a logical sequence to a complete system of justice in Samoa. The three governments would perhaps like to retain a fuller consular jurisdiction; but the system proposed was considered as a natural and proper complement of the system of civilized tribunals now established for Samoa. Consular judicial functions should pass over to the courts of civilization, as they do in civilized countries.

Causes would be tried as in other civilized courts.

The sections in question were intended merely to be taken as suggestions for the sanction of the respective Governments.

Count Bismarck inquired if crimes were committed by foreigners against other foreigners under no consular jurisdiction, to what tribunal would they at the present time be amenable?

Mr. Kasson stated that there was no court to try such cases.

Count Bismarck suggested that power might be given to the chief-justice to decide such cases.

Sir E. Malet considered it an important matter to put a stop to the present unsatisfactory state of things in this respect; since it appeared from what had been said that some foreigners under no consular jurisdiction were not amenable to any court of justice.

Count Bismarck fully agreed with Sir E. Malet that it was an important matter to settle this question.

Mr. Kasson said that any civilized tribunal, if duly established and recognized by the treaty powers would, in his opinion, be sufficient to meet such emergencies.

Mr. Scott doubted whether his Government would be prepared at least for the present to transfer to the proposed chief-justice or to the municipal tribunal the full extent of jurisdiction over British subjects contemplated by sections 9 and 10.

Dr. Krauel made the suggestion that some similar system might be adopted as that in force for the mixed tribunals in Egypt. It was very valuable to further local jurisdiction and all possible extension should be given thereto. He was in favor of extending the jurisdiction of the supreme court to criminal cases in which natives or foreigners under no consular jurisdiction were the offenders. The supreme court should also be competent in all civil causes relating to real property—otherwise the provisions relating to the land question would be incomplete.

It would be, however, essential that the consuls should retain jurisdiction between people of their own nationality.

Count Bismarck proposed to alter section 9 as follows:

Section 9. After the organization of the supreme court, civil litigation arising in Samoa outside the municipal district, in which a Samoan native shall be of one party and a foreigner of the other party, shall be transferred from the consuls and shall come within the jurisdiction of the supreme court. Crimes and offences occurring outside the municipal district, committed by natives against foreigners, or by foreigners not exempt from local jurisdiction shall also come within the jurisdiction of the supreme court, and shall be punished in accordance with the practice of civilized nations, or according to Samoan custom as far as natives, are concerned.

His excellency further suggested that all eases should be referred to the consuls where their own countrymen were concerned, excepting in land disputes, which should be decided by the chief-justice.

This question was unanimously agreed to in principle and sections 9 and 10 were referred to a subcommittee consisting of Mr. Phelps, Mr. Scott, and Dr. Krauel for further consideration.

Count Bismarck read:

Article IV.

A declaration respecting titles to land in Samoa and restraining the disposition thereof by natives, and providing for the investigation of claims thereto, and for the registration of valid titles.

Section 1. In order that the native Samoans may keep their lands for cultivation by themselves and by their children after them, it is declared that all future alienation of lands in the islands of Samoa to the citizens or subjects of any foreign country, whether by sale, mortgage, or otherwise shall be prohibited, subject to the following exceptions:

(a) Town lots and lands within the limits of the municipal district as defined in this act may be sold or leased by the owner for a just consideration when approved in writing by the chief-justice of Samoa.

Mr. Kasson suggested a short addition to No. 1a in order to prevent the mortgaging by natives of the produce of their lands, viz: “and all mortgages of produce of land prior to its removal shall be prohibited.”

Mr. Scott proposed that all mortgages should be registered.

Count Bismarck believed that it was the unanimous desire of the Conference to recommend to the Samoan Government and to the chief-justice that every possible precaution should be taken to prevent the natives from mortgaging the produce of their lands. He agreed with Mr. Scott’s remark, and thought it would meet the views of the conference, and that it, as well as Mr. Kasson’s suggestion, would appear in the protocol.

The resolution proposed by the president was adopted by all the plenipotentiaries; and his excellency continued to read:

(b) Agricultural lands in the islands may be leased for a just consideration, and with carefully denned boundaries, for a term not exceeding forty (40) years, when such lease is approved in writing by the chief executive authority of Samoa and by the chief-justice.

But care shall be taken that the agricultural lands and natural fruit lands of Samoans shall not be unduly diminished.

Section 2. In order to adjust and settle all claims by aliens of title to land or any interest therein in the islands of Samoa, it is declared that a commission shall be appointed, to consist of three (3) impartial and competent persons, one to be named by each of the three treaty powers, to be assisted by an officer to be styled natives’ advocate, who shall be appointed by the chief executive of Samoa, with the approval of the chief-justice of Samoa.

Each commissioner shall receive during his necessary term of service a compensation at the rate of three hundred dollars per month and his reasonable fare to and from Samoa. The reasonable and necessary expenses of the commission for taking evidence and making surveys (such expenses to be approved by the chief-justice) shall also be paid, one-third by each of the treaty powers.

The compensation of the natives’ advocate shall be fixed and paid by the Samoan Government.

Each commissioner shall be governed by the provisions of this act, and shall make and subscribe an oath before the chief-justice that he will faithfully and impartially perform his duty as such commissioner.

Mr. Bates thought the compensation of the natives’ advocate should be paid by the powers and not put upon Samoa. He was a part of the machinery for settling land titles, which had been made necessary by the disputes of foreigners concerning land purchases. For this reason it had been deemed proper that the expense of the commission should not be imposed upon the Samoan Government. The natives’ advocate was considered a necessary adjunct of the commission, because a native representation upon the commission was deemed impracticable. He therefore should be paid in the same manner as the commissioners.

Baron Holstein considered that the natives’ advocate should be paid by the natives themselves.

Count Bismarck thought it would be better to leave the wording as it stood, for he felt sure that the German Government would not be inclined, on principle, to pay the salary of the natives’ advocate.

His excellency then read:

Section 3. It shall be the duty of this commission, immediately upon their organization, to give public notice that all claims on the part of any foreigner to any title or interest in lands in Samoa must be presented to them, with due description of such claim and all written evidence thereof, within four months from such notice, for the purpose of examination and registration; and that all claims not so presented will be held invalid and forever barred; but the chief-justice may allow a reasonable extension of time for the production of such evidence when satisfied that the claimant has, after due diligence, been unable to produce the same within the period aforesaid. This notice shall be published in Samoa in the German, English, and Samoan languages, as directed by the commission.

The labors of the commission shall be closed in two years, and sooner, if practicable.

Section 4. It shall be the duty of the commission to investigate all claims of foreigners to land in Samoa, whether acquired from natives or from aliens, and to report to the court in every case the character and description of the claim, the consideration paid, the kind of title alleged to be conveyed, and all the circumstances affecting its validity.

They shall especially report—

(a) Whether the sale or disposition was made by the rightful owner or native entitled to make it.

(b) Whether it was for a sufficient consideration.

(c) The identification of the property affected by such sale or disposition.

Section 5. The commission, whenever the case requires it, shall endeavour to effect a just and equitable compromise between litigants. They shall also report to the court whether the alleged title should be recognized and registered or rejected, in whole or in part, as the case may require.

Section 6. All disputed claims to land in Samoa shall be reported by the commission to the court, together with all the evidence affecting their validity; and the court shall make final decision thereon in writing, which shall be entered on its record.

Undisputed claims and such as shall be decided valid by the unanimous voice of the commission shall be confirmed by the court in proper form in writing, and be entered of record.

Section 7. The court shall make provision for a complete registry of ail valid titles to land in the islands of Samoa which are or may be owned by foreigners.

Section 8. All lands acquired before the 28th day of August, 1879—being the date of the Anglo-Samoan treaty—shall be held as validly acquired, but without prejudice to rights of third parties, if purchased from Samoans in good faith, for a valuable consideration, in a regular and customary manner. Any dispute as to the fact or regularity of such sale shall be examined and determined by the commission, subject to the revision and confirmation of the court.

Count Bismarck asked whether the words “for a valuable consideration” were not too elastic in their meaning, and wished that, in order to facilitate the task of the judge, they should be modified, in order to make it clear that the word “customary,” in the next line, meant that the land had been purchased at rates customary at the time of acquisition.

It was agreed that “rates customary at the time of acquisition” should be considered as the meaning of the words “for a valuable consideration,” and that this should be inserted in the protocol.

Count Bismarck read:

Section 9. The undisputed possession and continuous cultivation of lands by aliens for ten years or more shall constitute a valid title by prescription to the lands so cultivated, and an order for the registration of the title thereto may be made.

Section 10. In cases where land acquired in good faith has been improved or cultivated upon a title which is found to be defective, the title may be confirmed in whole or in part upon the payment by the occupant to the person or persons entitled thereto of an additional sum, to be ascertained by the commission and approved by the court as equitable and just.

Section. 11. All claims to land, or to any interest therein, shall be rejected and held invalid in the following cases:

(a) Claims based upon mere promises to sell or options to buy.

(b) Where the deed, mortgage, or other conveyance contained at the time it was signed no description of the land conveyed sufficiently accurate to enable the commission to define the boundaries thereof.

(c) Where no consideration is expressed in the conveyance, or if expressed has not been paid in full to the grantor, or if the consideration at the time of the conveyance was manifestly inadequate and unreasonable.

(d) Where the conveyance, whether sale, mortgage, or lease, was made upon the consideration of a sale of fire-arms or munitions of war, or upon the consideration of intoxicating liquors, contrary to the Samoan law of October 25, 1880, or contrary to the municipal regulations of January 1, 1880.

Section 12. The land commission may at its discretion, through the local government of the district in which the disputed land is situated, appoint a native commission to determine the native grantor’s right of ownership and sale; and the result of that investigation, together with all other facts pertinent to the question of validity of title, shall be laid before the commission to be by them reported to the court.

Article V.

A declaration respecting the municipal district of Apia and providing a local administration therefor.

Section 1. The municipal district of Apia is defined as follows: Beginning at Vailoa, the boundary passes thence westward along the coast to the mouth of the river Fuluasa; thence following the course of the river upwards to the point at which the Alafuala road crosses said river: thence following the line of said road to the point where it reaches the river Vaisinago; and thence in a straight line to the point of beginning at Vailoa, embracing also the waters of the harbour of Apia.

Section. 2. Within the aforesaid district shall be established a Municipal council, consisting of six members and a president of the council, who shall also have a vote.

Each member of the council shall be a resident of the said district and owner of real estate or conductor of a profession or business in said district which is subject to a rate or tax not less in amount than $5 per ann.

For the purpose of the election of members of the council the said district shall be divided into two or three electoral districts, from each of which an equal number of councillors shall be elected by the tax-payers thereof, qualified as aforesaid, and the members elected from each electoral district shall have resided therein for at least six months prior to their election.

It shall be the duty of the consular representatives of the three treaty powers to make the said division into electoral districts as soon as practicable after the signing of this act. In case they fail to agree thereon the chief-justice, shall define the electoral districts. Subsequent changes in the number of councillors or the number and location of electoral districts may be provided for by municipal ordinance.

The councillors shall hold their appointment for a term of two years and until their successors shall be elected and qualified.

In the absence of the president the council may elect a chairman pro tempore.

Consular officers shall not be eligible as councillors, nor shall councillors exercise any consular functions during their term of office.

Section 3. The municipal council shall have jurisdiction over the municipal district of Apia so far as necessary to enforce therein the provisions of this act which are applicable to said district, including the appointment of the necessary subordinate officers of justice and of administration therein; and to provide for the security in said district of person and property, for the assessment and collection of the revenues therein as herein authorized; and to provide proper fines and penalties for the violation of the laws and ordinances which shall be in force in said district and not in conflict with this act, including sanitary and police regulations. They shall establish pilot charges, port dues, quarantine and other regulations of the port of Apia, and may establish a postal system. They shall also establish the fees and charges allowed to magistrates and other civil officers of the district excepting clerk and marshal of the supreme court.

All ordinances, resolutions, and regulations passed by this council before becoming law shall be referred to the consular representatives of the three treaty powers sitting conjointly as a consular board, who shall either approve and return such regulations or suggest such amendments as may be unanimously deemed necessary by them.

Should the consular board not be unanimous in approving the regulations referred to them, or should the amendments unanimously suggested by the consular board not be accepted by a majority of the municipal council, then the regulations in question shall be referred for modification and final approval to the chief-justice of Samoa.

With regard to the establishment of a postal system various suggestions were made, and it was agreed to insert the word local before postal system.

Count Bismarck read:

Section 4. The president of the municipal council shall be a man of mature years and of good reputation for honor, justice, and impartiality. He shall be agreed upon by the three powers; or, failing such agreement, he shall be selected from the nationality of Sweden, The Netherlands, Switzerland, Mexico, or Brazil, and nominated by

* * * and appointed by the Samoan Government upon certificate of such nomination.

He may act under the joint instruction of the three powers, but shall receive no separate instruction from either. He shall be guided by the spirit and provisions of this general act, and shall apply himself to the promotion of the peace, good order, and civilization of Samoa. He may advise the Samoan Government when occasion requires, and shall give such advice when requested by the King, but always in accordance with the provisions of this act and not to the prejudice of the rights of either of the treaty powers.

He shall receive an annual compensation of five thousand dollars ($5,000.00), to be paid the first year in equal shares by the three treaty powers and afterward out of that portion of Samoan revenues assigned to the use of the municipality, upon which his salary shall be the first charge.

He shall be the receiver and custodian of the revenues accruing under the provisions of this act, and shall render quarterly reports of his receipts and disbursements to the King and to the municipal council.

He shall superintend the harbor and quarantine regulations, and shall, as the chief executive officer, be in charge of the administration of the laws and ordinances applicable to the municipal district of Apia.

Mr. Kasson asked that this article might be passed for future consideration as the American plenipotentiaries were not prepared to act finally upon it without further instructions from their Government.

The conference, in deference to Mr. Kasson’s wish, agreed to pass over section 4 at present and to reserve it to future consideration.

Count Bismarck read:

Section 5. The chief-justice shall, immediately after assuming the duties of his office in Samoa, make the proper order or orders for the election and inauguration of the local government of the municipal district under the provisions of this act. Each member of the municipal council, including the president, shall, before entering upon his functions, make and subscribe before the chief-justice an oath or affirmation that he win well and faithfully perform the duties of his office.

Article VI.

A declaration respecting taxation and revenue in Samoa.

Section 1. The port of Apia shall be the port of entry for all dutiable goods arriving in the Samoan Islands; and all foreign goods, wares, and merchandise landed on the islands shall be there entered for examination; but coal and naval stores which either government has by treaty reserved the right to laud at any harbour stipulated for that purpose are not dutiable when imported as authorized by such treaty, and may be there landed as stipulated without such entry or examination.

Count Bismarck, whilst agreeing with the purport of this section, feared lest its wording might lead to misunderstanding, and suggested that it should be precisely stated that it referred only to coals and naval stores for government purposes.

Mr. Kasson only desired to preserve intact the rights secured to his Government by its treaty.

Mr. Bates asked if he had correctly understood the president’s suggestion for alteration to be to change the last clause of the section so as to read, “but coal and naval stores imported by any of the governments under treaty stipulations in the harbour reserved by treaty for its use may be landed free of duty without entry or examination.”

Count Bismarck said that the addition “for government purposes” would correctly state his view, and suggested that it be substituted.

Mr. Kasson observed that his instructions did not permit him to consent to any provision which should impair or modify the plain rights of the United States in the harbour of Pago Pago. The clause as found in the project was carefully drawn by him to preserve those rights intact as they existed by virtue of the treaty.

If any of these articles so imported should afterwards pass from government’s control into private ownership, and then be removed for consumption or sale in Samoa, he had no objection to the application of the statistical import duty to such goods.

Count Bismarck thought that a limitation to the clause should be added, and while considering that the last proposal was much to the point it appeared from Mr. Kasson’s first remark that a misunderstanding had arisen as to the observation made with respect to private importation which was not intended in any way to affect the rights acquired by treaty by the three powers.

Mr. Kasson still thought it unwise to make any change in the present section for the reasons already mentioned. But the qualification about such importations when removed for consumption in the islands as private property might be inserted elsewhere.

Count Bismarck pointed out that the clause read by Mr. Bates would appear in the protocol, and summed up the unanimous opinion in the following words:

If any articles so imported should afterwards pass from government control into private” ownership and be introduced for sale or consumption into other parts of the islands, they shall be subject to the statistical import duty as in the case of private merchandise imported.

Count Bismarck read:

Section 2. To enable the Samoan Government to obtain the necessary revenue for the maintenance of government and good order in the islands the following duties, taxes, and charges may be levied and collected, without prejudice to the right of the native government to levy and collect other taxes in its discretion upon the natives of the islands and their property, and upon all property outside the municipal district, provided such tax shall bear uniformly upon the same class of property, whether owned by natives or foreigners.

A.—Import duties.

		Doll. c.
1.	On ale and porter and beer per dozen quarts	.50
2.	On spirits, per gallon	2.50
3.	On wine, except sparkling, per gallon	1.00
4.	On sparkling wines, per gallon	1.50
5.	On tobacco, per lb	.50
6.	On cigars, per lb	1.00
7.	On sporting arms, each	4.00
8.	On gunpowder, per lb	.25
9.	Statistical duty on all merchandise and goods imported, except as aforesaid, ad valorem	2 p.c.

B.—Export duties.

On copra,	}	Ad valorem	{	2½ p. c.
On cotton,				1½ p. c.
On coffee,				2 p. c.

C.—Taxes to be annually levied.

		Doll. c.
1.	Capitation tax on Samoans and other Pacific islanders not included under No. 2, per head	1.00
2.	Capitation tax on coloured plantation labourers, other than Samoans, per head	2.00
3.	On boats, trading, and others (excluding native canoes and native boats carrying only the owner’s property) each	4.00
4.	On fire-arms, each	2.00
5	On dwelling-houses (not including the dwelling-houses of Samoan natives) and on land and houses used for commercial purposes, ad	1. p.c.
6.	Special taxes on traders as follows:
	Class I. On stores of which the monthly sales are $2,000 or more, each store	100.00
	Class II. Below $2,000 and not less than $1,000	48.00
	Class III. Below $1,000 and not less than $500	36.00
	Class IV. Below $500 and not less than $250	24.00
	Class V. Below $250	12.00

D.—Occasional taxes.

		Doll. c
1.	On trading vessels exceeding 100 tons burden, calling at Apia, at each call	10.00
2.	Upon deeds of real estate, to be paid before registration thereof can be made, and without payment of which, title shall not be held valid, upon the value of the consideration paid.	½ p.c.
3.	Upon other written transfers of property upon the selling price	1 per cent.
Evidence of the payment of the last two taxes may be shown by lawful stamps affixed to the title paper, or otherwise by the written receipt of the proper tax collector.
4.	Unlicensed butchers in Apia shall pay upon their sales	1 per cent.

E.—License taxes.

No person shall engage as proprietor or manager in any of the following professions or occupations except after having obtained a license therefor, and for such license the following tax shall be paid in advance:

	Doll.		Doll.
Tavern keeper per month	10	Engineer apprentices per annum	3
Attorney, barrister, or solicitor, per annum	60	Hawker do	1
Doctor of medicine or dentistry, per annum	30	Pilot do	24
Auctioneer or commission agent, per annum	40	Printing-press do	12
Baker per annum	12	Sail-maker do	6
Banks or companies for banking, per annum	60	Ship-builder do	6
Barber per annum	6	Shoe-maker do	6
Blacksmith	5	Land-surveyor do	6
Boat-builder	6	Tailor do	6
Butcher	12	Waterman do	6
Cargo-boat or lighter do	6	Salesmen, book-keepers, clerks, paid not less than $75 per month, per annum	3
Carpenter do	6	Same, when paid over $75 a month, per annum	6
Photographer or artist do	12	White labourers and domestics, per head per annum	5
Engineer	12	Factory hands and independent workmen per annum	5
Engineer assistants	6

Section 3. Of the revenues paid into the Treasury the proceeds of the Samoan capitation tax, of the license taxes paid by native Samoans, and of all other taxes which may be collected without the municipal district, shall be for the use and paid out upon the order of the Samoan Government. The proceeds of the other taxes, which are collected in the municipal district exclusively, shall be held for the use and paid out upon the order of the municipal council to meet the expenses of the municipal administration, as provided by this act.

Section 4. It is understood that “dollars” and “cents,” terms of money used in this act, describe the standard money of the United States of America, or its equivalent in other currencies.

Article VII.

A declaration respecting arms and ammunition and intoxicating liquors, restraining their sale and use.

Section 1. Arms and ammunition.—The importation into the islands of Samoa of arms and ammunition by the natives of Samoa, or by the citizens or subjects of any foreign country, shall be prohibited except in the following cases:

(a) Guns and ammunition for sporting purposes, for which written license shall have been previously obtained from the president of the municipal council.

(b) Small-arms and ammunition carried by travelers as personal appanage.

The sale of arms and ammunition by any foreigner to any native Samoan subject or other Pacific islander resident in Samoa, is also prohibited.

Any arms or ammunition imported or sold in violation of these provisions shall be forfeited to the government of Samoa. The Samoan Government retains the right to import suitable arms and ammunition to protect itself and maintain order.

Section 2. Intoxicating liquors.—No spirituous, vinous, or fermented liquors, or intoxicating drinks whatever, shall be sold, given, or offered to any native Samoan, or South Sea Islander resident in Samoa, to be taken as a beverage.

Adequate penalties, including imprisonment, for the violation of the provisions of this article, shall be established by the municipal council for application within its jurisdiction; and by the Samoan Government for all the islands.

It was suggested by Count Bismarck to add, at the end of section 1, the words, “under proper restrictions or control.”

Mr. Bates said that there could be no right to deprive the Samoan Government of the use of arms for its defence unless they were guaranteed against war. It would not do to take away their means of self-protection unless at the same time they were effectually secured from foreign aggression. Count Bismarck having interposed the remark that he did not see the possibility of any foreign aggression after the three treaty powers had agreed to act in concert with reference to the affairs of the Samoan Islands and to recognize their neutrality. Mr. Bates said that was just what he had called attention to in connection with Article III. The conference declared against war, but did not make its declaration effectual. The powers have no moral right to interfere with the natural right of the Samoan Government to have arms unless they are willing effectually to prevent any use of force against Samoa or Samoans.

Mr. Kasson pointed out that it would be difficult to define the restrictions which had been suggested, as no one could deny to the Samoans the right of self-government and self-defence. It would be difficult to allow foreigners to import arms and at the same time to deny this privilege to the Samoan Government.

Count Bismarck suggested the words “under restrictions to be hereafter agreed upon by the three powers.”

It was suggested by Mr. Phelps that all importation of arms for the use of the Samoan Government should be reported through the consular board.

Count Bismarck considered it necessary to place a certain limit upon this importation of arms, as it seemed to him to constitute a dangerous element for the natives.

Mr. Kasson remarked that the question could hardly as yet be fully considered. It was perhaps as dangerous to allow anus to foreigners as to give them to natives.

He would add the following at the end of section 1.

But all such arms and ammunition shall be entered at the customs (without payment of duty) and reported by the president of the municipal council to the consuls of the three treaty powers.

The three Governments reserve to themselves the future consideration of the further restrictions which it may be necessary to impose upon the importation and the use of lire-arms in Samoa.

This proposal was accepted.

Count Bismarck read:

Article VIII.

General dispositions.

• Section 1. The provisions of this act shall continue in force until changed by consent of the three powers. Upon the request of either power after three years from the signature hereof, the powers shall consider by common accord what ameliorations, if any, may be introduced into the provisions of this general act. In the mean time any special amendment may be adopted by the consent of the three powers with the adherence of Samoa.
• Section 2. The present general act shall be ratified without unnecessary delay, and within the term of —— months from the date of its signature.

In the mean time the signatory powers, respectively, engage themselves to adopt no measure which may be contrary to the dispositions of the said act.

Each power further engages itself to give effect in the mean time to all provisions of this act which may be within its authority prior to the final ratification.

Ratifications shall be exchanged by the usual diplomatic channels of communication.

The assent of Samoa to this general act shall be attested by a certificate thereof signed by the King and executed in triplicate, of which one copy shall be delivered to the consul of each of the signatory powers at Apia for immediate transmission to his Government.

His excellency proposed to make the term for the ratification of the general act ten months, and expressed a hope that it would be ratified as soon as possible within that term.

This proposal was accepted, and the conference adjourned at 6 p.m.

seventh session.

Wednesday, 29 May, 1889—3 p.m.

• Present:
• For Germany—Count von Bismarck, Baron von Holstein, Dr. Krauel.
• For the United States of America—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain—Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the sixth meeting, held on Monday, 27 May, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck declared the session to be opened.

Baron von Holstein proposed that Mr. Kasson should make known to the conference what had been decided by the committee on revision with regard to the definitive form of the general act.

Mr. Kasson accordingly read the emendations and additions proposed by the committee of revision, which were agreed to by all the plenipotentiaries and the general act ordered to be printed with the amendments (vide appendix to this present protocol). The conference being advised that the American plenipotentiaries had not yet received final instructions touching section 5 of Article V, it was agreed that this section should be reserved for consideration at the next session.

With reference to section 3 of Article V, Mr. Kasson asked whether the conference at its last session decided that the appointment of the municipal magistrate should be confirmed by the chief-justice.

Mr. Phelps considered that the authority of the chief-justice finally operated on the appointment. It was made by the municipal council, it was approved by the consular board; it was reviewed by the chief-justice on appeal and confirmed.

Mr. Kasson was of opinion that the provisions of the said section referred to resolutions, ordinances, and regulations made by the municipal council rather than to the appointment by them of the municipal magistrate.

Mr. Scott explained that it was the intention of the subcommittee that the magistrate should be appointed by the council in some form which would require the approval of the consular board.

Sir E. Malet observed that such appointment would come under the head of a resolution passed by the council, which would necessarily be referred for final approval to the chief-justice.

It was agreed to state in the protocol that section 3 of Article V intended that the appointment of the municipal magistrate should be made by resolution of the council, and thus be subject to approval, as in the case of other resolutions.

Sir E. Malet mentioned that the question of a substitute for the chief-justice, in case his office should become vacant, had not been settled.

Mr. Kasson proposed that either the suggestion made by Mr. Scott during the last meeting of the conference might be adopted, viz, that the chief-justice might appoint his substitute during his own lifetime; or that the powers of the chief-justice might be exercised by the president of the municipal council, in case of a vacancy from any cause, until a successor should be duly appointed and qualified.

This latter proposal was adopted, and it was agreed to insert the provision at the end of section 2 of Article III.

Dr. Keauel alluded to the original section 9 of Article III, found in the project of the general act as reported in the protocol of the 6th session. He thought that some provision should be made for the guidance of the chief justice of Samoa as to what laws he should enforce in judging cases to be tried by him. He suggested that, until some fresh agreement were made upon this point by the treaty powers, the supreme judge might be instructed to follow the procedure and rules employed by the British high commissioner for the western Pacific—a code which was known to be very well adapted for the purposes for which it had been created.

Mr. Kasson said that he valued greatly the suggestion of Dr. Krauel; but there might be an objection on the part of the conference to the adoption of a system of laws with which they were not fully acquainted. The object in view was to find a system for the control of the local courts and particularly to devise rules for the punishment of offences. It would be unwise to adopt any laws which might subsequently be found to be in conflict with the provisions of this act.

Count Bismarck remarked that if the chief-justice were not to be bound to administer the laws of any civilized country it might lead to serious difficulties, because he would be at a loss to decide what special system of laws out of the many in existence he should adopt in giving his judgments.

Mr. Kasson considered that the chief-justice would have the right to adopt such rules of procedure as he considered best, whilst the municipality would regulate procedue within its own jurisdiction. But further provision was needed for punishment of crime by the supreme court.

After further discussion the conference decided to provide the rule as found in section 10 of Article III (vide appendix), and in lieu of sections 9 and 10 of the project as originally reported the conference adopted sections 9 and 10, Article III, as found in the appendix to this protocol.

Dr. Krauel asked whether a clause should not be inserted exempting the consuls from the jurisdiction of the supreme court.

It was agreed that such a clause was not necessary, as it was the manifest intention of the conference that the consuls and their families should be exempt from such jurisdiction.

Count Bismarck observed that the conference had now adopted all the articles except section 5 of Art. V in the amended project (vide appendix), which awaited the receipt of further instructions on the part of the American plenipotentiaries from their Government. His excellency suggested that the conference should adjourn until all the members were prepared to sign the complete general act with the approval of their governments.

It was agreed to adjourn accordingly.

Sir E. Malet wished to say that it any proposal for the establishment of telegraphic communication with Samoa should be submitted to the conference it would receive the careful consideration of Her Majesty’s government, who were of opinion that the want of such communication had greatly contributed to the recent troubles and that its establishment would be greatly conducive to the prevention of future disturbances.

Mr. Kasson was convinced that the United States Government had an equally ardent desire to see telegraphic communication established with Samoa; but the American plenipotentiaries had no authority to designate the method of its accomplishment.

The conference expressed the unanimous opinion that the establishment of telegraphic communication was most desirable.

Count Bismarck, in closing the session, desired to express his warmest thanks for the amicable manner in which each and all of the plenipotentiaries had facilitated the labours of the conference over which he had had the honour to preside; and, in the name of the plenary conference, he also wished to thank the gentlemen who had done so much towards the furtherance of the work performed by their attendance on the various subcommittees which had been appointed. His excellency trusted that the final results of the conference would be to the advantage of the Samoans themselves and for the benefit of all the inhabitants of that part of the world.

The conference adjourned at 4.30 p.m., subject to the summons of the president.

(Signed)

• John A. Kasson.
• Wm. Walter Phelps.
• Geo. H. Bates.
• Edward B. Malet.
• Charles S. Scott.
• J. A. Crowe.
• H. Bismarck.
• Holstein.
• R. Krauel.

Certified to be a true copy of the original protocol.

W. N. Beauclerk.

appendix to protocol of the seventh session

Project of the general act of the Samoan conference.

His Majesty the Emperor of Germany, King of Prussia, the President of the United States of America, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India,

Wishing to provide for the security of the life, property, and trade of the citizens and subjects of their respective governments residing in or having commercial relations with the islands of Samoa, and desirous at the same time to avoid all occasions of dissension between their respective governments and the government and people of Samoa, while promoting as far as possible the peaceful and orderly civilization of the people of these islands, have resolved, in accordance with the invitation of the Imperial Government of Germany, to resume in Berlin the conference of their plenipotentiaries which was begun in Washington on June 25, 1887, and have named for their present plenipotentiaries the following:

• His Majesty the Emperor of Germany, King of Prussia:
  • Count Bismarck, minister of state, secretary of state for foreign affairs,
  • Baron von Holstein, actual privy councillor of legation,
  • Dr. Krauel, privy councillor of legation;
• The President of the United States of America:
  • Mr. John A. Kasson,
  • Mr. William Walter Phelps,
  • Mr. George H. Bates;
• Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India:
  • Sir Edward Baldwin Malet, Her Majesty’s ambassador to the Emperor of Germany, King of Prussia;
  • Charles Stewart Scott, esquire, Her Majesty’s envoy extraordinary and minister plenipotentiary to the Swiss Confederation;
  • Joseph Archer Crowe, esquire, Her Majesty’s commercial attaché for Europe;

who, furnished with full powers which have been found in good and due form, have successively considered and adopted—

• First. A declaration respecting the independence and neutrality of the islands of Samoa, and assuring to their respective citizens and subjects equality of rights in said islands and providing for the immediate restoration of peace and order therein.
• Second. A declaration respecting the modification of existing treaties and the assent of the Samoan Government to this act.
• Third. A declaration respecting the establishment of a supreme court of justice for Samoa and defining its jurisdiction.
• Fourth. A declaration respecting titles to land in Samoa, restraining the disposition thereof by natives, and providing for the investigation of claims thereto and for the registration of valid titles.
• Fifth. A declaration respecting the municipal district of Apia, providing a local administration therefor, and defining the jurisdiction of the municipal magistrate.
• Sixth. A declaration respecting taxation and revenue in Samoa.
• Seventh. A declaration respecting arms and ammunition, and intoxicating liquors, restraining their sale and use.
• Eighth. General dispositions.

Article I.

A declaration respecting the independence and neutrality of the islands of Samoa, and as suring to the respective citizens and subjects of the signatory powers equality of rights in said islands, and providing for the immediate restoration of peace and order therein.

It is declared that the Islands of Samoa are neutral territory in which the citizens and subjects of the three signatory powers have equal rights of residence, trade, and personal protection. The three powers recognize the independence of the Samoan Government and the free right of the natives to elect their chief or king and choose their form of government according to their own laws and customs. Neither of the powers shall exercise any separate control over the islands or the government thereof.

It is further declared, with a view to the prompt restoration of peace and good order in the said islands, and in view of the difficulties which would surround an election in the present disordered condition of their Government, that Malietoa Laupepa, who was formerly made and appointed King on the 12th day of July, 1881, and was so recognized by the three powers, shall again be so recognized hereafter in the exercise of such authority, unless the three powers shall by common accord otherwise declare; and his succcessor shall be duly elected according to the laws and customs of Samoa.

Article II.

A declaration respecting the modification of existing treaties, and the assent of the Samoan Government to this act.

Considering that the following provisions of this general act can not be fully effective without a modification of certain provisions of the treaties heretofore existing between the three powers, respectively, and the Government of Samoa, it is mutually declared that in every case where the provisions of this act shall be inconsistent with any provision of such treaty or treaties, the provisions of this act shall prevail.

Considering further, that the consent of the Samoan Government is requisite to the validity of the stipulations hereinafter contained, the three powers mutually agree to request the assent of the Samoan Government to the same, which, when given, shall be certified in writing to each of the three governments through the medium of their respective consuls in Samoa.

Article III.

A declaration respecting the establishment of a supreme court of justice for Samoa and defining its jurisdiction.

Section 1. A supreme court shall be established in Samoa, to consist of one judge, who shall be styled chief-justice of Samoa, and who shall appoint a clerk and a marshal of the court; and record shall be kept of all orders and decisions made by the court or by the chief-justice in the discharge of any duties imposed on him under this act. The clerk and marshal shall be allowed reasonable fees, to be regulated by order of the court.

Section 2. With a view to secure judicial independence and the equal consideration of the rights of all parties, irrespective of nationality, it is agreed that the chief-justice may be named by the lord chief-justice of England, and shall be of English professional experience. He shall be learned in law and equity, of mature years, and of good repute for his sense of honor, impartiality, and justice.

His decisions upon questions within his jurisdiction shall be final. He shall be appointed by the Samoan Government upon the certificate of his nomination as herein provided. He shall receive an annual salary of six thousand dollars ($6,000) in gold, or its equivalent, to be paid the first year in equal proportions by the three treaty powers, and afterward out of the revenues of Samoa apportioned to the use of the Samoan Government, upon which his compensation shall be the first charge. Any deficiency therein shall be made good by the three powers in equal shares.

The powers of the chief-justice, in case of a vacancy in that office from any cause, shall be exercised by the president of the municipal council until a successor shall be duly appointed and qualitied.

Section 3. In case either of the four governments shall at any time have cause of complaint against the chief-justice for any misconduct in office, such complaint shall be presented to the authority which nominated him, and, if in the judgment of such authority there is sufficient cause for his removal, he shall be removed. If the majority of the three treaty powers so request, he shall be removed. In either case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as hereinbefore provided.

Section 4. The supreme court shall have jurisdiction of all questions arising under the provisions of this general act; and the decision or order of the court thereon shall be conclusive upon all residents of Samoa. The court shall also have appellate jurisdiction over all municipal magistrates and officers.

Section 5. The chief-justice is authorized at his own direction, and required upon written request of either party litigant, to appoint assessors, one of the nationality of each litigant, to assist the court, but without voice in the decision.

Section 6. Incase any question shall hereafter arise in Samoa respecting the rightful election or appointment of king, or of any other chief claiming authority over the islands, or respecting the validity of the powers which the king or any chief may claim in the exercise of his office, such question shall not lead to war, but shall be presented for decision to the chief-justice of Samoa, who shall decide it in writing conformably to the provisions of this act and to the laws and customs of Samoa not in conflict therewith, and the signatory governments will accept and abide by such decision.

Suction 7. In case any difference shall arise between either of the treaty powers and Samoa which they shall fail to adjust by mutual accord, such difference shall not be held cause for war, but shall be referred for adjustment on the principles of justice and equity to the chief-justice of Samoa, who shall make his decision thereon in writing.

Section 8. The chief-justice may recommend to the Government of Samoa the passage of any law which he shall consider just and expedient for the prevention and punishment of crime and for the promotion of good order in Samoa outside the municipal district, and for the collection of taxes without the district.

Section 9. Upon the organization of the supreme court there shall be transferred to its exclusive jurisdiction:

1. All civil suits concerning real property situated in Samoa and all rights affecting the same.

2. All civil suits of any kind between natives and foreigners or between foreigners of different nationalities.

3. All crimes and offences committed by natives against foreigners or committed by such foreigners as are not subject to any consular jurisdiction; subject, however, to the provisions of section 4, Article V, defining the jurisdiction of the municipal magistrate of the district of Apia.

Section 10. The practice and procedure of common law, equity, and admiralty, as administered in the courts of England, may be, so far as applicable, the practice and procedure of this court; but the court may modify such practice and procedure from time to time as shall be required by local circumstances. The court shall have authority to impose, according to the crime, the punishment established therefor by the laws of the United States, of England, or of Germany, as the chief-justice shall decide most appropriate; or, in the case of native Samoans and other natives of the South Sea Islands, according to the laws and customs of Samoa.

Article IV.

A declaration respecting titles to land in Samoa and restraining the disposition thereof by natives, and providing for the investigation of claims thereto, and for the registration of valid titles.

Section 1. In order that the native Samoans may keep their lands for cultivation by themselves and by their children after them, it is declared that all future alienation of lands in the islands of Samoa to the citizens or subjects of any foreign country, whether by sale, mortgage, or otherwise shall be prohibited, subject to the following exceptions:

(a) Town lots and lands within the limits of the municipal district as defined in this act, may be sold or leased by the owner for a just consideration when approved in writing by the chief-justice of Samoa.

(b) Agricultural lands in the islands may be leased for a just consideration and with carefully defined boundaries for a term not exceeding forty (40) years, when such lease is approved in writing by the chief executive authority of Samoa and by the chief-justice.

But care shall be taken that the agricultural lands and natural fruit lands of Samoans shall not be unduly diminished.

Section 2. In order to adjust and settle all claims by aliens of titles to land or any interest therein in the islands of Samoa, it is declared that a commission shall be appointed to consist of three (3) impartial and competent persons, one to be named by each of the three treaty powers; to be assisted by an officer to be styled, “natives’ advocate,” who shall be appointed by the chief executive of Samoa, with the approval of the chief-justice of Samoa.

Each commissioner shall receive during his necessary term of service, a compensation at the rate of three hundred dollars per month and his reasonable fare to and from Samoa. The reasonable and necessary expenses of the commission for taking evidence and making surveys (such expenses to be approved by the chief-justice) shall also be paid, one-third by each of the treaty powers.

The compensation of the natives’ advocate shall be fixed and paid by the Samoan Government.

Each commissioner shall be governed by the provisions of this act, and shall make and subscribe an oath before the chief-justice that he will faithfully and impartially perform his duty as such commissioner.

Section 3. It shall be the duty of this commission, immediately upon their organization, to give public notice that all claims on the part of any foreigner to any title or interest in lands in Samoa must be presented to them, with due description of such claim and all written evidence thereof, within four months from such notice, for the purpose of examination and registration, and that all claims not so presented will be held invalid and forever barred; but the chief-justice may allow a reasonable extension of time for the production of such evidence when satisfied that the claimant has, after due diligence, been unable to produce the same within the period aforesaid. This notice shall be published in Samoa in the German, English, and Samoan languages, as directed by the commission.

The labours of the commission shall be closed in two years, and sooner if practicable.

Section 4. It shall be the duty of the commission to investigate all claims of foreigners to land in Samoa, whether acquired from natives or from aliens, and to report to the court in every case the character and description of the claim, the consideration paid, the kind of title alleged to be conveyed, and all the circumstances affecting its validity.

They shall especially report—

(a) Whether the sale or disposition was made by the rightful owner or native entitled to make it.

(b) Whether it was for a sufficient consideration.

(c) The identification of the property affected by such sale or disposition.

Section 5. The commission, whenever the case requires it, shall endeavour to effect a just and equitable compromise between litigants. They shall also report to the court whether the alleged title should be recognized and registered or rejected, in whole or in part, as the case may require.

Section 6. All disputed claims to land in Samoa shall be reported by the commission to the court, together with all the evidence affecting their validity, and the court shall make final decision thereon in writing, which shall be entered on its record.

Undisputed claims, and such as shall be decided valid by the unanimous voice of the commission, shall be confirmed by the court in proper form in writing, and be entered of record.

Section 7. The court shall make provision for a complete registry of all valid titles to land in the islands of Samoa which are or may be owned by foreigners.

Section 8. All lands acquired before the 28th day of August, 1879 (being the date of the Anglo-Samoan treaty), shall be held as validly acquired, but without prejudice to rights of third parties, if purchased from Samoans in good faith, for a valuable consideration, in a regular and customary manner. Any dispute as to the fact or regularity of such sale shall be examined and determined by the commission, subject to the revision and confirmation of the court.

Section 9. The undisputed possession and continuous cultivation of lands by aliens, for ten years or more, shall constitute a valid title by prescription to the lands so cultivated, and an order for the registration of the title thereto may be made.

Section 10. In cases where land acquired in good faith has been improved or cultivated upon a title which is found to be defective, the title may be confirmed in whole or in part upon the payment by the occupant to the person or persons entitled thereto of an additional sum, to be ascertained by the commission and approved by the court as equitable and just.

Section 11. All claims to land, or to any interest therein, shall be rejected and held invalid in the following cases:

(a) Claims based upon mere promises to sell or options to buy.

(b) Where the deed, mortgage, or other conveyance contained at the time it was signed no description of the land conveyed sufficiently accurate to enable the commission to define the boundaries thereof.

(c) Where no consideration is expressed in the conveyance, or, if expressed, has not been paid in full to the grantor, or if the consideration at the time of the conveyance was manifestly inadequate and unreasonable.

(d) Where the conveyance, whether sale, mortgage, or lease, was made upon the consideration of a sale of fire-arms or munitions of war, or upon the consideration of intoxicating liquors, contrary to the Samoan law of October 25, 1880, or contrary to the municipal regulations of January 1, 1880.

Section 12. The land commission may at its discretion, through the local government of the district in which the disputed land is situated, appoint a native commission to determine the native grantor’s right of ownership and sale; and the result of that investigation, together with all other facts pertinent to the question of validity of title, shall be laid before the commission, to be by them reported to the court.

Article V.

A declaration respecting the municipal district of Apia, providing a local administration therefor, and defining the jurisdiction of the municipal magistrate.

Section 1. The municipal district of Apia is defined as follows: Beginning at Vailoa, the boundary passes thence westward along the coast to the mouth of the river Fuluasa; thence following the course of the river upwards to the point at which the Alafuala road crosses said river; thence following the line of said road to the point where it reaches the river Vaisinago; and thence in a straight line to the point of beginning at Vailoa, embracing also the waters of the harbour of Apia.

Sections 2. Within the aforesaid district shall be established a municipal council, consisting of six members, and a president of the council, who shall also have a vote.

Each member of the council shall be a resident of the said district and owner of real estate or conductor of a profession or business in said district which is subject to a rate or tax not less in amount than $5 per ann.

For the purpose of the election of members of the council, the said district shall be divided into two or three electoral districts, from each of which an equal number of councillors shall be elected by the tax-payers thereof qualified as aforesaid, and the members elected from each electoral district shall have resided therein for at least six months prior to their election.

It shall be the duty of the consular representatives of the three treaty powers to make the said division into electoral districts as soon as practicable after the signing of this act. In case they fail to agree thereon the chief-justice shall define the electoral districts. Subsequent changes in the number of councillors or the number and location of electoral districts may be provided for by municipal ordinance.

The councillors shall hold their appointment for a term of two years and until their successors shall be elected and qualified.

In the absence of the president the council may elect a chairman “pro tempore.”

Consular officers shall not be eligible as councillors, nor shall councillors exercise any consular functions during their term of office.

Section 3. The municipal council shall have jurisdiction over the municipal district of Apia so far as necessary to enforce therein the provisions of this act which are applicable to said district, including the appointment of a municipal magistrate and of the necessary subordinate officers of justice and of administration therein; and to provide for the security in said district of person and property, for the assessment and collection of the revenues therein as herein authorized; and to provide proper fines and penalties for the violation of the laws and ordinances which shall be in force in said district and not in conflict with this act, including sanitary and police regulations. They shall establish pilot charges, port dues, quarantine and other regulations of the port of Apia, and may establish a local postal system. They shall also fix the salary of the municipal magistrate, and establish the fees and charges allowed to other civil officers of the district, excepting clerk and marshal of the supreme court.

All ordinances, resolutions, and regulations passed by this council before becoming law shall be referred to the consular representatives of the three treaty powers sitting conjointly as a consular board, who shall either approve and return such regulations or suggest such amendments as may be unanimously deemed necessary by them.

Should the consular board not be unanimous in approving the regulations referred to them or should the amendments unanimously suggested by the consular board not be accepted by a majority of the municipal council, then the regulations in question shall be referred for modification and final approval to the chief justice of Samoa.

Section 4. The municipal magistrate shall have exclusive jurisdiction in the first instance over all persons irrespective of nationality in cases of infraction of any law, ordinance, or regulation passed by the municipal council in accordance with the provisions of this act, provided that the penalty does not exceed a fine of two hundred dollars or imprisonment for a longer term than 180 days.

In cases where the penalty imposed by the municipal magistrate shall exceed a fine of twenty dollars or a term often days’ imprisonment an appeal may be taken to the supreme court.

Section 5. The president of the municipal council shall be a man of mature years, and of good reputation for honour, justice, and impartiality. He shall be agreed upon by the three powers; or, failing such agreement, he shall be selected from the nationality of Sweden, The Netherlands, Switzerland, Mexico, or Brazil, and nominated by * * * and appointed by the Samoan Government upon certificate of such nomination.

He may act under the joint instruction of the three powers, but shall receive no separate instruction from either. He shall be guided by the spirit and provisions of this general act, and shall apply himself to the promotion of the peace, good order, and civilization of Samoa. He may advise the Samoan Government when occasion requires, and shall give such advise when requested by the King, but always in accordance with the provisions of this act, and not to the prejudice of the rights of either of the treaty powers.

He shall receive an annual compensation of five thousand dollars ($5,000), to be paid the first year in equal shares by the three treaty powers, and afterward out of that portion of Samoan revenues assigned to the use of the municipality, upon which his salary shall be the first charge.

He shall be the receiver and custodian of the revenues accruing under the provisions of this act, and shall render quarterly reports of his receipts and disbursements to the King, and to the municipal council.

He shall superintend the harbour and quarantine regulations, and shall, as the chief executive officer of the municipality, be in charge of the administration of the laws and ordinances applicable to the municipal district of Apia.

Section 6. The chief-justice shall, immediately after assuming the duties of his office in Samoa, make the proper order or orders for the election and inauguration of the local government of the municipal district under the provisions of this act. Each member of the municipal council, including the president, shall, before entering upon his functions, make and subscribe before the chief-justice an oath or affirmation that he will well and faithfully perform the duties of his office.

Article VI.

A declaration respecting taxation and revenue in Samoa.

Section 1. The port of Apia shall be the port of entry for all dutiable goods arriving in the Samoan Islands, and all foreign goods, wares, and merchandise lauded on the islands shall be there entered for examination; but coal and naval stores which either Government has by treaty reserved the right to land at any harbour stipulated for that purpose are not dutiable when imported as authorized by such treaty, and may be there landed as stipulated without such entry or examination.

Section 2. To enable the Samoan Government to obtain the necessary revenue for the maintenance of government and good order in the islands, the following duties, taxes, and charges may be levied and collected, without prejudice to the right of the native government to levy and collect other taxes in its discretion upon the natives of the islands and their property, and with the consent of the consuls of the signatory powers upon all property outside the municipal district, provided such tax shall bear uniformly upon the same class of property, whether owned by natives or foreigners.

A.—Import duties.

		Doll. c.
1.	On ale and porter and beer, per dozen quarts	.50
2.	On spirits, per gallon	2.50
3.	On wine, except sparkling, per gallon	1.00
4.	On sparkling wines, per gallon	1.50
5.	On tobacco per pound	.50
6.	On cigars, per pound	1.00
7.	On sporting arms, each	4.00
8.	On gunpowder, per lb	.25
9.	Statistical duty on ail merchandize and goods imported, except as aforesaid, ad valorem	2 p.c.

B.—Export duties.

On copra,	}	ad valorem	{	2½ p. c.
On cotton,				1½ p. c.
On coffee,				2 p. c.

C.—Taxes to be annually levied.

		Doll. c.
1.	Capitation tax on Samoans and other Pacific Islanders not included under No. 2, per head	1.00
2.	Capitation tax on coloured plantation laborers, other than Samoans, per head	2.00
3.	On boats, trading, and others (excluding native canoes and native boats carrying only the owner’s property), each	4.00
4.	On firearms, each	2.00
5.	On dwelling-houses (not including the dwelling-houses of Samoan natives) and on land and houses used for commercial purposes, ad valorem.	1 p.c.
6.	Special taxes on traders as follows:
	Class I. On stores of which the monthly sales are $2,000 or more, each	100.00
	Class II. Below $2,000 and not less than $1,000	48.00
	Class III. Below $1,000 and not less than $500	36.00
	Class IV. Below $500 and not less than 250	24.00
	Class V. Below $250	12.00

D.—Occasional taxes.

		Doll. c.
1.	On trading vessels exceeding 100 tons burden, calling at Apia, at each call	10.00
2.	Upon deeds of real estate, to be paid before registration thereof can be made, and without payment of which title shall not be held valid, upon the value of the consideration paid	½ p.c.
3.	Upon other written transfers of property, upon the selling price	1 p.c.
Evidence of the payment of the last two taxes may be shown by lawful stamps affixed to the title paper, or otherwise by the written receipt of the proper tax-collector.
4.	Unlicensed butchers in Apia shall pay upon their sales	1 p.c.

E.—License taxes.

No person shall engage as proprietor or manager in any of the following professions or occupations except after having obtained a license therefor, and for such license the following tax shall be paid in advance:

	Doll.		Doll.
Tavern keeper per month	10	Engineer apprentices per annum	3
Attorney, barrister, or solicitor, per annum	60	Hawker do	1
Doctor of medicine, or dentistry, per annum	30	Pilot do	24
Auctioneer or commission agent, per annum	40	Printing press do	12
Baker per annum	12	Sail-maker do	6
Banks or companies for banking, per annum	60	Ship-builder do	6
Baber per annum	6	Shoemaker do	6
Blacksmith do	5	Land surveyor do	6
Boat-builder do	6	Waterman do	6
Butcher do	12	Tailor do	6
Cargo boat or lighter do	6	Salesmen, book-keepers, clerks, paid not less than $75 a month, per annum	3
Carpenter do	6	Same, when paid over $75 a month, per annum	6
Photographer or artist do.	12	White labourers and domestics per head per annum	5
Engineer do	12	Factory hands and independent work per annum	5
Engineer assistants do	6

• Section 3. Of the revenues paid into the treasury, the proceeds of the Samoan capitation tax, of the license taxes paid by native Samoans, and of all other taxes which may be collected without the municipal district, shall be for the use and paid out upon the order of the Samoan Government. The proceeds of the other taxes which are collected in the municipal district exclusively shall be held for the use and paid out upon the order of the municipal council to meet the expenses of the municipal administration, as provided by this act.
• Section 4. It is understood that “dollars” and “cents,” terms of money used in this act, describe the standard money of the United States of America, or its equivalent in Other currencies.

Article VII.

A declaration respecting arms and ammunition and intoxicating liquors, restraining their sale and use.

Section 1. Arms and ammunition.—The importation into the islands of Samoa of arms and ammunition by the natives of Samoa, or by the citizens or subjects of any foreign country, shall be prohibited, except in the following cases:

(a) Guns and ammunition for sporting purposes, for which written license shall have been previously obtained from the president of the municipal council.

(b) Small arms and ammunition carried by travelers as personal appanage.

The sale of arms and ammunition by any foreigner to any native Samoan subject, or other Pacific islander resident in Samoa, is also prohibited.

Any arms or ammunition imported or sold in violation of these provisions shall be forfeited to the Government of Samoa. The Samoan Government retains the right to import suitable arms and ammunition to protect itself and maintain order; but all such arms and ammunition shall be entered at the customs (without payment of duty), and reported by the president of the municipal council to the consuls of the three treaty powers.

The three governments reserve to themselves the future consideration of the further restrictions which it may be necessary to impose upon the importation and use of tire-arms in Samoa.

Section 2. Intoxicating liquors.—No spirituous, vinous, or fermented liquors, or intoxicating liquors whatever shall be sold, given, or offered to any native Samoan or South Sea islander resident in Samoa, to be taken as a beverage.

Adequate penalties, including imprisonment, for the violation of the provisions of this article shall be established by the municipal council for application within its jurisdiction and by the Samoan Government for all the islands.

Article VIII.

General dispositions.

• Section 1. The provisions of this act shall continue in force until changed by consent of the three powers. Upon the request of either power, after three years from the signature hereof, the powers shall consider by common accord what ameliorations, if any, may be introduced into the provisions of this general act. In the mean time any special amendment may be adopted by the consent of the three powers with the adherence of Samoa.
• Section 2. The present general act shall be ratified without unnecessary delay and within the term of ten months from the date of its signature.

In the meantime the signatory powers, respectively, engage themselves to adopt no measure which may be contrary to the dispositions of the said act.

Each power further engages itself to give effect in the mean time to all provisions of this act which may be within its authority prior to the final ratification.

Ratifications shall be exchanged by the usual diplomatic channels of communication.

The assent of Samoa to this general act shall be attested by a certificate thereof, signed by the King and executed in triplicate, of which one copy shall be delivered to the consul of each of the signatory powers at Apia for immediate transmission to his government.

eighth session.

Thursday, 13 June, 1889—4 p.m.

• Present:
• For Germany—Count von Bismarck, Baron von Holstein, Dr. Krauel.
• For the United States of America—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain—Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the seventh session, held on Wednesday, 29 May, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck stated that the plenipotentiaries of the three powers having meanwhile received instructions with respect to the agreement drawn up at this table, he should venture to ask what modifications had been proposed in the general act in order that they might be discussed and referred to the proper quarter. His excellency added that His Imperial Majesty the Emperor had approved of the general act in its present form and that the German plenipotentiaries were prepared to sign it as it stood.

Sir E. Malet stated that the general act in its present form might be acceptable to Her Majesty’s government; bat that the British plenipotentiaries had no authority to accept any alterations therein without the previous consent of their government.

Mr. Kasson said that the distance of communication had necessarily caused delay in the decision of the United States Government with regard to the general act as a whole; but that the American plenipotentiaries were now authorized to sign the same with only two modifications. The first of these was the proposal of an additional section, to be numbered section 11 to Article III, in the following terms:

Nothing in this article shall he so construed as to affect existing consular jurisdiction over all questions arising between masters and seamen of their respective national vessels; nor shall the court take any ex post facto or retroactive jurisdiction over crimes or offenses committed prior to the organization of the court.

Count Bismarck considered that inasmuch as the proposed amendment did not affect any matter of principle, and as the conference were already fully agreed concerning consular jurisdiction, he did not think that the German Government would raise any objection to the addition of the proposed new section.

Sir E. Malet did not anticipate any difficulty on the part of Her Majesty’s government with regard to the insertion of the addition suggested.

The proposal was adopted.

Mr. Kasson stated that the United States Government had had some hesitation in accepting all the terms of Article III respecting the jurisdiction of the chief-justice of Samoa, whose powers they had found to be much larger than they had expected. They were also disinclined to give to one of the three signatory nationalities an appointment entailing so much political importance. It was proposed to strike out the words “may be named by the lord chief-justice of England, and shall be of English professional experience” in this section, and to substitute the words “shall be named by the three signatory powers in common accord; or, failing their agreement, he may be named by the King of Sweden and Norway from the subjects of that kingdom or of other neutral power.” Mr. Kasson further suggested that it might be desirable to add the words “and shall be fully acquainted with the English language.”

Count Bismarck: thought that it would be sufficient that the latter suggestion should be recorded in the protocol; which proposal was adopted.

The opinion was unanimously expressed by the conference that the person selected for that office should be fully acquainted with the English language.

Sir E. Malet suggested that the new wording of the section should terminate at the word “Norway,” in order to avoid restricting in any way the choice of the King of Sweden and Norway.

Count Bismarck would concur with the suggestion of Sir E. Malet in case the German Government should agree to the proposed alterations.

Mr. Kasson said that he would immediately refer this point to his Government, as his actual instructions were insufficient to enable him and his colleagues to go farther than had been already stated. He had no doubt that the suggestion just made would be fully appreciated by the United States Government.

He added that he assumed that should the nomination ultimately fall to the King of Sweden and Norway, he would, according to the usages of international courtesy, give previous informal notice to the three powers of the person he proposed in order to learn whether there was any reasonable objection to his appointment.

Count Bismarck proposed that the amendments suggested should be at once referred by telegraph to the respective governments.

This proposal was adopted. His excellency then remarked that the sole point remaining for settlement was the filling up of the lacuna left in section 5, Article V, of the general act, concerning the nomination of the president of the municipal council of Apia.

It was agreed to do so with the words “the chief executive of the nation from which he is selected.”

Mr. Bates observed, with reference to section 4 of Article VI, that the levying of the capitation tax especially would press heavily upon the Samoans if it were exacted in the equivalent of the American currency, the rate of which was nearly 40 per cent. higher then the value of the dollar current in the Samoan Islands. He would like to see the Samoans exempted from the operation of this clause.

Mr. Crowe remarked that the Bolivian dollar had already been excluded from circulation in Samoa and it was equally desirable to exclude the Chilian dollar and the like.

It was agreed to leave this section in its present form.

The conference adjourned at 5.20 p.m.

(Signed.)

• John A. Kasson.
• Wm. Walter Phelps.
• Geo. H. Bates.
• Edward B. Malet.
• Charles S. Scott.
• J. A. Crowe.
• H. Bismarck.
• Holstein.
• R. Krauel.

Certified to be a true copy of the original protocol.

W. N. Beauclerk.

ninth session.

Friday, 14 June, 1889—2 p.m.

• Present:
• For Germany—Count von Bismarck, Baron von Holstein, Dr. Krauel.
• For the United States of America—Mr. John A. Kasson, Mr. William Walter Phelps, Mr. George H. Bates.
• For Great Britain—Sir Edward Baldwin Malet, Mr. Charles Stewart Scott, Mr. Joseph Archer Crowe.

The protocol of the eighth meeting held on Thursday, 13 June, 1889, was approved and signed by all the plenipotentiaries.

Count Bismarck stated that all the plenipotentiaries had received instructions to sign the general act as agreed to at the previous meeting.

Mr. Kasson expressed the desire of his Government that secrecy should be observed as to the contents of the general act until it should be ratified by the respective governments.

Count Bismarck observed that such course would be entirely in accordance with established precedents. His excellency suggested that it would be be very desirable if the three powers would agree to, send identic instructions to their consuls in Samoa in order to communicate to the Samoans such provisions of the general act as could be properly made known to them previous to ratification.

It had been understood to be the general desire of the conferences that such provisions as those concerning the Government of Samoa should be carried into effect with the least possible delay; and it was advisable that the Samoans should profit as soon as possible by the results of the conference.

Mr. Kasson believed that this desirable object so far as could be done before ratification would be attained without difficulty by means of an exchange of correspondence between the three governments.

Sir E. Malet considered that the proposal would be acceptable to Her Majesty’s Government.

It was expressed as the unanimous opinion of the conference that it was desirable that the three governments should decide what provisions of the general act could be made known at once to the Samoans through their consuls, and what should be reserved until after ratification.

Mr. Kasson, referring to the impending departure, on leave, of the president of the conference in search of the rest and recreation demanded by his health after a long period of labor, continued as follows:

I should neglect a duty, which is both an obligation and a pleasure, if I failed to express on the part of the American plenipotentiaries our appreciation of the important service which his excellency Count Bismarck has rendered by his fairness and impartiality as our presiding officer. The conciliatory attitude which he has maintained, and the friendly spirit in which he has conducted the business of the conference have exercised the most beneficial influence on the deliberations which now touch their end, and demand our frank recognition.

I believe that I interpret the sentiments of all the plenipotentiaries when I beg his excellency to convey with him the assurance not only of our high appreciation of the official qualities which he has so usefully displayed throughout our proceedings, but also of the personal traits associated with them which have added a charm to official functions.

Sir E. Malet said:

On behalf of the British plenipotentiaries I am anxious to say that we most cordially associate ourselves to the expressions which have fallen from Mr. Kasson and that we desire that his words should he considered as coming equally from us.

Count Bismarck was anxious to express his warmest gratitude for the very flattering words addressed to him by Mr. Kasson and Sir E. Malet. He appreciated and valued very highly the complimentary expressions uttered by them; but he considered that, if the conference had been able to perform work which would prove satisfactory to the governments represented and useful to the several nations concerned, it was mainly due to the loyal and conciliatory attitute of each and all of the plenipotentiaries and to the large amount of good work which they had done. Thanks were also due to the secretaries for the diligence with which they had facilitated the progress of the labors of the conference.

He repeated what he had said at the close of the seventh session and reiterated the hope that the results arrived at would be of immediate and permanent benefit to the natives of Samoa, as well as to all foreigners residing in that quarter of the globe.

The general act was then signed by all the plenipotentiaries as hereto appended, and the conference finally closed its deliberations.

(Signed)

• John A. Kasson.
• Wm. Walter Phelps.
• Geo. H. Bates.
• Edward B. Malet.
• Charles S. Scott.
• J. A. Crowe.
• H. Bismarck
• Holstein.
• R. Krauel.

Certified to be a true copy of the original protocol.

W. N. Beauclerk.

[Note.—The appendix to this protocol of the ninth session being the general act, as signed, will be found in its proper place, supra, p. 353, and is not here reprinted.]

1. The term used is “hemisphere,” which, as the map shows, includes nearly all of Polynesia.
2. Query, unauthorized.