A general assent was given to the proposal, but in some quarters a desire
was expressed for more complete information as to the scope and form of
the proposed agreement.
The trade in question is already prohibited to British subjects
throughout the western Pacific, and is strictly regulated in the German
Possessions in that region.
It has been prohibited under severe penalties in the French colony of New
Caledonia and is strictly regulated in the Navigator’s Islands by the
provisions of the final act of the Samoan Conference, to which Great
Britain, Germany, and the United States are parties.
Nevertheless, Her Majesty’s Government continue to receive frequent
representations as to the prevalence of this demoralizing traffic; and
it is evident that some more general action is required to put a stop to
it entirely.
Encouraged by the favorable reception given to their former proposal, Her
Majesty’s Government have now prepared for the consideration of the
Powers interested the draft of an International Declaration prohibiting
the supply of the aforesaid articles to natives of the Pacific islands,
and providing suitable penalties for any infringement of its
provisions.
In accordance with instructions which I have received from the Marquis of
Salisbury, I have the honor to inclose five copies of this Declaration,
and at the same time to state that Her Majesty’s Government hope that it
will be given a favorable consideration by the United States
Government.
Draft international declaration for the
protection of natives in the islands of the Pacific
Ocean.
A declaration respecting arms, ammunition, explosive substances, and
intoxicating liquor, and prohibiting the supply of these articles to
natives of the Pacific islands.
1. In this declaration the following words and expressions shall have
the meanings here assigned to them, that is to say:
“Subject of the contracting powers” includes a citizen of the French
Republic or of the Republic of the United States of America.
‘“Pacific islands” means and includes any islands lying within the
twentieth parallel of north latitude and the fortieth parallel of
south latitude and the one-hundred and twentieth meridian of
longitude west and the one-hundred and twentieth meridian of
longitude east of Greenwich and not being in the possession or under
the protection of any civilized power.
“Native” means any person who is or appears to be a native, not of
European or American descent, of some island or place within the
limits of this declaration.
“Arms” means every kind of firearm and any part or parts of
firearms.
“Ammunition” means every kind of ammunition for firearms and any
material for the preparation thereof.
“Explosive substances” means gunpowder, nitroglycerin, dynamite, gun
cotton, blasting powder, and every other substance used or
manufactured with a view to produce a practical effect by
explosion.
“Intoxicating liquor” includes all spirituous compounds and all
fermented liquors, and any mixture part whereof is spirituous or
which contains fermented liquors, and any mixture or preparation
containing any drug capable of producing intoxication.
“Offense” means offense against this declaration.
2. Any subject of the contracting powers who shall give, sell, or
otherwise supply, or shall aid or abet the giving, selling, or
otherwise supplying to any native any arms, ammunition, explosive
substance, or intoxicating liquor [Qy. except under special license
from one of the contracting powers] shall be guilty of an offense
against this declaration.
3. An offense against this declaration shall be punishable with
imprisonment not exceeding three months, with or without hard labor,
or a fine not exceeding £10, or both.
In addition to such punishment all articles of a similar nature to
those in respect of which an offense has been committed found in the
possession of the offender, may [Page 289] be declared forfeited to the contracting power
to whose nation the offender belongs.
4. A person charged with an offense may be apprehended by any
commissioned officer of a ship of war of any of the contracting
powers, and may be brought for trial before any of the persons
hereinafter mentioned.
5. Every person so charged, if difficulty or delay is likely to arise
in delivering him over for trial by the authorities of his own
country in the Pacific islands, may be tried summarily, either
before a magistrate or other judicial officer of any of the
contracting powers having jurisdiction to try crimes or offenses in
a summary manner, or before the commander of a ship of war of any of
the contracting powers.
Any such commander may, if he think fit, associate with himself as
assessors any one or more fit persons, being commissioned officers
of a ship of war of one of the contracting powers, or other
reputable persons, not being natives, who are subjects or citizens
of one of the contracting powers, and, either with or without
assessors, may hear and determine the case, and if satisfied of the
guilt of the person charged, may sentence him to the punishment
hereinbefore prescribed.
6. Sentences of imprisonment shall be carried into effect in a
Government prison in Fiji or New Caledonia, or in any other place in
the Pacific Ocean or in America or Australasia in which a government
prison is maintained by one of the contracting powers.
7. All fines, forfeitures, and pecuniary penalties received in
respect of this declaration shall be paid over by the person
receiving the same to [Qy. H. B. M. high commissioner for the
western Pacific] for the benefit of the contracting power from whose
subject or citizen the same was received.
8. Each contracting power shall defray the cost of the imprisonment
of any of its subjects or citizens, which cost shall be calculated
upon the actual cost of maintaining the prisoner with an addition of
[twenty] per cent as a contribution to
the salaries and other expenses of the prison. A certificate under
the hand of the governor of the colony, or other chief authority of
the place where the prison is situated, shall be conclusive as to
the amount to be paid.
An offender shall not be taken to any British colony in Australasia
for imprisonment unless the government thereof shall have consented
to receive such offenders.
9. It shall not be an offense against this declaration to supply
without recompense or remuneration intoxicating liquor to any native
upon any urgent necessity and solely for medicinal purposes, but if
the person giving such liquor shall be charged with an offense
against this declaration it shall rest upon the accused to prove
that such urgent necessity existed, and that the liquor was given
for medicinal puposes.
10. This declaration shall cease to apply to any of the Pacific
islands which may hereafter become part of the dominions or come
under the protection of any civilized power; nor shall it apply to
the Navigator’s or Friendly islands, in both of which groups a
government exists which has been recognized as such by more than one
of the contracting powers in the negotiation of formal treaties; nor
shall it be held to affect any powers conferred upon its own
officers by any instrument issued by any of the contracting
powers.
11. The contracting powers will severally take measures to procure
such legislation as may be necessary to give full effect to this
declaration.
12. The present declaration shall be put into force three months
after the deposit of the ratifications, and shall remain in force
for an indefinite period until the termination of a year from the
day upon which it may have been denounced. Such denunciation shall
only be effective as regards the country making it, the declaration
remaining in full force and effect as regards the other contracting
parties.
13. The present declaration shall be ratified, and the ratifications
deposited at London as soon as possible.
In witness whereof the respective plenipotentiaries have signed the
same, and have affixed thereto the seal of their arms.
