Mr. Foster to Baron
Ketteler
Department of State,
Washington, November 3,
1892.
Sir: I have the honor to inform you that your
esteemed notes of the 15th and 24th ultimo, relative to affairs in
Samoa, have received my attentive consideration.
In the former you advert to a report received from the imperial consul at
Apia with respect to the Chief Mataafa, and you suggest that “each of
the three treaty powers send at least two war vessels for the
restoration of peace in Samoa, which vessels shall have orders to
intervene in the manner proposed last year by the British Government.”
You refer, I assume, to certain suggestions communicated to this
Government in a note from the British legation, dated August 24, 1891,
contemplating the capture and disarmament of the Mataafa faction.
In the latter note you discuss the nature of the joint instructions which
ought to be given to the naval vessels of the treaty powers. They
contemplate generally an aggressive joint military movement for the
capture and disarmament of Mataafa and his followers. You also propose
the disarmament of the other natives, and to that end it is suggested
that the principal chiefs of the several villages or districts might be
taken on board the war vessels and detained until their people surrender
their guns.
This Government, no less than the Government of His Imperial Majesty,
regrets the numerous elements of discord prevailing in Samoa, among
which must be counted the continued resistance to the government of
Malietoa of his principal native chief. The situation certainly demands
the careful consideration of the treaty powers, and this Government
desires to share in such action, if any, as they may jointly deem to be
wise st and most expedient. I regret, therefore, that I am not in
receipt of sufficient information from the American consul at Apia to
enable this Government at this time either to assent to the suggestions
of His Imperial Majesty’s Government or to dissent therefrom.
Although it is not conclusive of the suggestion that something ought to
be done, it is pertinent to the question of its immediate urgency that
so far as this Government is informed the situation at Malie is not
different now from what it has been for more than a year. The latest
report from our consul at Apia, dated October 8, is that there is “no
sign of any immediate disturbance between the natives.” Neither does
your note disclose any information that Mataafa and his followers
contemplate any change from their past policy of simply passive
resistance to the authority of the Samoan Government. By the present
mail, therefore, about leaving for Samoa, instructions have been sent to
the American consul to promptly report upon the entire situation as
respects the Chief Mataafa, and upon receipt of such advices the plan
proposed by the German Government shall receive my further attentive
consideration.
In the meantime this Government has arranged to dispatch at once a war
ship to Apia to act in concert with the vessels of the German and
British governments for the protection of life and property. Recognizing
the latitude which must of necessity be given to the local
representatives of the treaty powers, this Government will instruct its
naval commander to join with his German and British colleagues in
whatever action may be unanimously agreed upon by the consular
representatives
[Page 656]
of the three
powers. It is the desire of this Government, however, that until it has
received and can consider the advices which it is awaiting, the joint
action of the powers should avoid the precipitation of actual
hostilities.
Accept, sir, etc.,
[Confidential. Handed to the Secretary
of State by Baron Ketteler, German chargé, November 10,
1892.]
Memorandum.
The imperial German consul, Mr. Biermann, has reported from Apia to
the foreign office, under date of September 10, with regard to the
disturbed political situation in the Samoan Islands. The substance
of this report tends to show that there is every probability of a
serious outbreak of hostilities between the followers of Malietoa
and the party of Mataafa. Armaments have been proceeded with on both
sides, and the inhabitants of Aana, the western part of Upolu, have
advanced towards Malie, but have subsequently come to a stop in
order to await the armed cooperation of other districts.
The Samoan Government, acting under the advice and with the consent
of the president of the municipal council, Baron Senfft von Pilsach,
and of the chief justice, Cedercrantz, urge the followers of the
Government party to attack Malie.
While it is an established fact that the plantations belonging to
foreigners sustain heavy damages by all warlike operations within
the country, as the assembled troops or mobs of both parties raid
the plantations and rob or destroy the crops, it seems, furthermore,
highly precarious for the Government to enter upon a warlike
expedition, as even the leaders seem to have little hope of subduing
their opponents in an effective and speedy manner, thereby bringing
them into permanent subjection.
Apparently the Government has given up the belief of obtaining an
armed cooperation of the three treaty powers in favor of Malietoa’s
authority. It is feared that a prolonged delay in attacking the
party of Mataafa will only tend to strengthen his forces, and to
make an ultimate victory more questionable. The attitude of the
Samoan Government as prompted by the inaction of the great powers is
illustrated by the following facts:
When the three consuls had duly informed Malietoa of the decisions of
their Governments to assist the supreme court in the execution of
warrants of arrest, he at once ordered Mr. Maben to expose to them
his wishes with regard to such joint action, which are contained in
a letter, dated Mulinuu, August 25, and, marked Annex 1, inclosed
herewith.
This letter was accompanied by a report of the marshal of the supreme
court of Samoa, dated Mulinuu, August 23, and addressed to the chief
justice, and gives evidence of the armed resistance and hostile
feeling of the natives. (Annex 2.)
The report addressed by the chief justice to the King, dated Mulinuu,
the 24th of August, shows that warrants of arrest issued by the
supreme court are openly defied, its officers resisted, and the
authority of the court utterly ignored. (Annex 3.)
It appears from a letter inclosed as Annex 4, and addressed by the
three consuls to the King, that they decided in accordance with
their
[Page 657]
instructions not to
comply with his request, as the desired intervention of a man-of-war
in this case would be likely to lead to a warlike action.
In the meantime a certain American citizen, Mr. Moors, as well as a
British subject, Mr. Stevenson, are said to make regular visits at
Malie, and to their direct or indirect influence the offensive
attitude and disrespect of Mataafa toward the government at Mulinuu,
recognized by the treaty powers, is attributed.
According to information emanating from reliable sources a financial
crisis at Apia is inevitable. Already in the month of September
several outstanding accounts of importance had to be left unpaid,
and also the salaries due to some officials have not been
forthcoming.
The entire failure of the Government to meet their obligations was
considered certain if within the following weeks native taxes could
not be collected. This being highly improbable, Baron Senfft von
Pilsach tried to evade a financial collapse by inviting tenders for
the purchase of the Samoa Times.
The municipality has been forced to advertise the sale of a piece of
land situated in the neighborhood of the German Hospital, and which
only a short time ago had been purchased by the municipality from
the English firm, McArthur & Co., the reason being that the
first installment of the purchase money of £1,000 due in October was
not available.
There is a great depression in trade; the natives are unwilling to
pay taxes as well as to buy merchandise, and they economize in order
to purchase ammunition in case of war.
The customs receipts are consequently low and are likely to be
further reduced.
The above statements, taken from the report of the imperial German
consul at Apia, show in an explicit manner the deplorable state of
public affairs now existing in the Samoan Islands.
Imperial German legation,
Washington, November 10,
1892.
[Annex 1.]
Department of State,
Mulinuu, Augusts 25,
1892.
Sir: I am requested by His Majesty, the
King, to forward to you the copy of a letter he has received from
his honor, the chief justice, stating that the execution of warrants
of arrest issued by the supreme court against several persons
residing at Malie had been forcibly resisted. The particulars are
set forth in the inclosed copies of the warrants and the marshal’s
report.
The chief justice requests His Majesty to send a military force
sufficient to enforce the execution of these warrants of arrest,
otherwise he says it is impossible to uphold the system of
judicature established by the final act of the conference in Berlin
on Samoan affairs.
His Majesty and the Government are of opinion that if they were to
send an armed force to Malie to attempt to execute these warrants of
arrest in the present unsettled state of the country, blood would be
almost sure to be shed, and a civil war with all its consequent
danger to the persons and property of not only Samoans but
foreigners would ensue.
It is His Majesty’s wish to avoid this if possible, and therefore he
feels justified in adopting the course which the reply of the treaty
powers through their representatives here on the 10th instant leaves
open to him, namely, to ask for the assistance of a man-of-war to
help enforce the execution of warrants of arrest which have been
issued by the supreme court.
His Majesty is of opinion that no further action of the man-of-war
would be necessary than to take the officer of the court and land
him opposite to Malie, and wait until the arrests were completed.
His Majesty is well aware how anxious the treaty powers are to avoid
taking any action in the internal affairs of these islands, but he
would respectfully refer to the conditions under which the Berlin
treaty was
[Page 658]
made and
accepted by Samoa and ask you to consider the gravity of the present
position, and then decide whether it would not be better to take
action in this case through a man-of-war and thereby prevent
bloodshed, than to compel the Samoan Government to act with the
almost certain result of considerable loss of life and damage to
property. His Majesty and the Government feel convinced that the
time has come when definite and determined action must be taken to
enforce the decrees of the Government and of the courts of
justice.
His Majesty makes the request for the assistance of a war ship by
this identic note to the three consuls in accordance with the
suggestion contained in the last clause of your joint communication
to His Majesty on the 10th instant. He leaves the matter with
perfect confidence in your hands, feeling certain that you will act
for the best interests of both foreigners and Samoans.
As His Majesty considers the case an urgent one, he makes this
request while Her Britannic Majesty’s war ship Curaçoa is in Samoan waters.
I have the honor to be, etc.,
- Thomas Maben,
Secretary of State. - C. Biermann, Esq.,
Imperial German Consul,
etc.
[Annex 2.]
Mulinuu, Samoa, August 23, 1892.
To His Honor, the Chief Justice of
Samoa:
Herewith I beg to return two warrants issued by your honor, one for
the arrest of Pio, Aigu, Tausisii, and Sia, and another for the
arrest of Fli and Rosi, all at present residing in Malie, I having
been forcibly prevented from executing the same by the people
congregated at Malie.
The circumstances are as follows: On the evening of Monday, the 22d
instant, I received the above-mentioned warrants from the clerk of
the court, with instructions that they were to be immediately
executed. I arranged to leave Mulinuu for Malie on the following
morning, which I did, arriving at the latter place at about half
past 8 a.m. I was accompanied by a boat’s crew of four men and an
interpreter. On nearing the beach at Malie, a native stepped out on
some stones and shouted to take down the Samoan flag, which was
flying at the stern of my boat. This I at first refused to do, but
upon consideration, and seeing an angry crowd on the shore evidently
prepared for a quarrel, I decided to take down the flag, as I did
not wish to provoke a disturbance. Upon landing, the boat’s crew,
the interpreter, and myself were surrounded by an excited and angry
party of from 80 to 100 Samoans, many of whom were armed with axes,
knives, and clubs. They demanded to know what my business was. I
answered through my interpreter that I had come to execute warrants
of the supreme court of Samoa. The crowd still continued to be angry
and excited, when a Samoan, who appeared to be some person of
authority, arrived at the spot, ordered them to be quiet and allow
me to go to a house which he pointed out. I remained in this house
for a short time, when two chiefs arrived, Leiatana Punivalu and.
Telea, who informed me that they had come to speak with me, and that
they represented the King and Government, meaning Mataafa and those
associated with him. They asked my business, and I informed them
that it was not with them; that I had come to arrest several persons
for whom warrants had been issued by the supreme court. They at once
told me that they would not allow this, as they neither recognized
the Government of Samoa nor the supreme court. I told them I was
sorry to hear this, and as my orders were to arrest these people, I
must endeavor to do so, if I could succeed in finding them. They
informed me that force would be used to prevent me from arresting
the persons I wanted. At this juncture Rosi, a person named in one
of the warrants, came into the house where I was. I formally
arrested him, telling him with what offense he was charged, and that
he must accompany me to Apia. This he stated he would not do, and
that if I attempted to remove him I would be forcibly resisted. The
other chiefs also spoke again in like manner and appeared to become
very excited. Seeing the large number of natives who were in and
around the house, evidently bent upon forcibly resisting me, I came
away feeling that I was powerless, under the circumstances, to
effect the arrests. From the hostile feeling evinced by nearly all
the natives whom I saw, I am convinced that considerably more force
than I have at my disposal will be required to execute the warrants
which your honor intrusted me with.
I have the honor to be, sir, etc.,
F. H. Denvers,
Marshal of the Supreme Court of
Samoa.
[Annex 3.]
Mulinuu, August 24,
1892.
Your Majesty: Referring to my letter of the
3d of December, 1891, I have the honor to forward herewith copies of
two warrants of arrest issued by the supreme court on the 22d
instant against six individuals at Malie, all of whom are named in
my above-mentioned letter.
I have to state that the marshal of the court, having yesterday
proceeded to Malie in order to execute the warrants returned the
same day in the afternoon to Mulinuu without having succeeded, for
the particulars of which executory measure I beg to refer to
inclosed copy of the marshal’s report.
Thus it appears that the condition of affairs in Malie complained of
in my letter-hereinbefore referred to still remains unchanged.
Warrants of arrest issued by the supreme court are openly defied,
its officers resisted and willfully obstructed in the execution of
their duty; the jurisdiction, nay, the existence, of the court
utterly ignored.
I therefore feel obliged once more to apply to Your Majesty’s
Government with a view to uphold the system of judicature
established by the final act of the conference of Berlin on Samoan
affairs, for such military assistance as may be deemed requisite by
Your Majesty to enforce the execution of the above warrants of
arrest.
I submit that Your Majesty, in view of the importance and urgency of
this matter, should take the same into consideration immediately,
and I also submit for like reasons that Your Majesty should request
the advice of the president of the municipal council of Apia.
I have the honor to be, with the highest consideration, Your
Majesty’s most obedient and humble servant,
[Annex 4.]
Lau Afioga: We, the consular
representatives of the treaty powers, have the honor to acknowledge
the receipt of your request for the assistance of a ship of war to
execute certain warrants of arrest at Malie, the stronghold of the
Chief Mataafa, and his followers.
We observe from the report of the marshal of the supreme court, that
he was received with violence at Malie, that he was not permitted to
land until he had himself hauled down the Samoan Government flag,
then flying in his boat, and that the two chiefs who represented the
party of Mataafa distinctly declared that not only the persons
threatened to be arrested would resist, but that the said party,
considering itself a Samoan Government, did not recognize your
Government or the supreme court in Mulinuu, and therefore would make
common cause in opposing by force the execution of any orders issued
by your Government.
It must therefore be concluded that the warrants of arrest can only
be executed after overpowering the resistance of the so-called Malie
Government. Such a course would cease to be an executory measure
against individuals and assume the character of a warlike action.
Before we could accept the requisition for execution of the warrants
of the supreme court by a man-of-war, we had to be convinced that
the purpose of the intervention of the man-of-war could be
accomplished.
Contrary to the opinion of your Afioga, we have not the conviction
that only by the appearance of one man-of-war opposite to Malie, the
whole Mataafa party could be induced to obey the orders of your
Government, and any more extended action of the man-of-war we have
not the right to demand. Our instructions are that the intervention
of ships of war in these cases should have the character of an
executory measure against individuals, and should not lead to any
warlike actions. For these reasons we regret not to be able to
comply with your request. We fully concur with your Afioga’s
opinion, that if you and the Government were to send an armed force
to Malie to attempt to execute these warrants of arrest in the
present unsettled state of the country, blood would be almost sure
to be shed and a civil war, with all its consequent danger to the
person and the property of not only Samoans but also foreigners
would ensue, and this we are glad that you wish to avoid.
Finally, we must disclaim the imputation contained in the letter of
Mr. Maben, that our inability to comply with your request in this
instance can be construed as compelling the Samoan Government to act
with the almost certain effect of considerable loss of life and
damage to property.
We have the honor to be, your Afioga, most obedient servants,
(Signatures of the three consul).
