Baron Saurma to Mr.
Gresham.
[Translation.]
Imperial German Embassy,
Washington, November 12,
1894.
Mr. Secretary of State: I have the honor, in
pursuance of instructions received, to invite your excellency’s
attention to the following matter:
In a memorial bearing date of September 10, 1894, Chief Justice Ide, of
Samoa, complained that he had not been invited to attend a conference
held August 23, 1894, between the consuls, the commanders of the war
vessels lying in the harbor, and the president of the municipality, in
which conference the subject of the interference of the war ships and
the measures to be adopted for the restoration of quiet and order on the
islands were discussed. Mr. Ide assumes that he is jointly responsible,
on the ground of the Samoa act, for the preservation of order in Samoa,
and that he must consequently claim the right to be present at
discussions of the kind in question. He makes a general complaint at the
same time that he has been neglected by the consuls in business matters.
The British consul especially, he says, renders the performance of the
duties of his office difficult, inasmuch as he frequently fails to show
proper consideration for him.
Presuming that your excellency has likewise received a copy of the chief
justice’s memorial, I have the honor to inquire what attitude the United
States Government proposes to assume with regard to Mr. Ide’s
complaints.
As to the view taken by the Imperial Government, it regards this case as
furnishing additional evidence that a many-headed administration of
affairs in Samoa is in the long run untenable, and that it must
[Page 735]
lead to constant friction,
even supposing the officials thereto be guided by the most upright and
conciliatory feelings. It appears beyond a doubt from the chief
justice’s memorial that in the conduct of his office his intentions are
the best, but, on the other hand, it appears therefrom with equal
clearness that under present conditions a well-ordered administration of
affairs and a well-ordered situation will not be reached.
In the matter itself, and as regards the present point in dispute, the
Imperial Government is inclined to consider the view taken by the
consuls of the treaty powers as the right one. This view is shown by the
correspondence between the consuls and the chief justice, a copy of
which is herewith inclosed. A right of the chief justice to be present
at all political discussions between the representatives of the
Governments, including the Samoan Government, does not exist, and it is
the less possible to deduce any such right from the Samoa act, which
explicitly defines the competency of the chief justice, inasmuch as that
act makes no provision for such discussions. Leaving this out of the
question, however, it would, in the opinion of the Imperial Government,
be exceedingly hazardous on practical grounds to add a fifth to the four
political officials who are already in Samoa.
Should the United States Government agree with this view of the case it
might be well so to inform the chief justice.
With respect to the course pursued by the British consul, to which
reference is made in the chief justice memorial, the Imperial Government
has received the impression, both from the memorial and from other
sources, that that officer is less anxious to adjust existing
difficulties than are the German and American representatives.
The imperial ambassador in London has consequently been instructed to
bring the matter of again making it Mr. Cusack-Smith’s duty to maintain
a good understanding to the attention of the British Government.
Begging to be favored with a reply,
I avail, etc.,
[Inclosure 1 of November
12.—Memorial.]
Chief Justice Ide to
the Consuls.
Apia, Samoa, August 24, 1894.
Gentlemen: I am officially informed that a
meeting of the three consuls, the president, and the captains of the
English and German war ships stationed at Samoa was held at Mulinuu
on the 23d instant, for consideration of the situation and devising
remedies therefor, which meeting was in conference for several
hours. One of the officials in attendance came a long distance to
attend the meeting and no more time is required to give me notice of
such conference than to give the president notice. Having been
charged by the three treaty powers with important duties relating to
the punishment of crime and the promotion of good order in Samoa,
and having been held responsible in part for the securing of those
ends, and having functions to perform in strict pursuance of my
official duty which are materially affected by the course adopted at
such conferences, I hereby enter my protest against such conferences
being held without notice in advance to me and against the
determination of questions relating to the peace and good order of
Samoa without my having an opportunity to be present. No notice was
given me of the meeting above referred to.
[Page 736]
Before my acceptance of the position of chief justice I was
officially assured that I should receive the cordial support and
cooperation of the foreign officials in Samoa. I am unable to regard
the course above stated, which has occurred several times before, in
substance, as such cooperation. Matters have heretofore this year
been determined by the consular board without the slightest
conferene with me which have directly invaded my jurisdiction, in
the strictest judicial sense, and which have occasioned serious
embarrassment. If I should proceed directly in the line of the
treaty to decide the questions now pending in a sense under sections
4 and 6 of Article III and to recommend legislation upon the
questions of good order, under section 8, without conference, it
would be almost certain that my action would bring divided counsels
and conflicting procedure. The lines of authority between different
officials under the treaty are so obscurely defined that interfering
action is inevitable unless by mutual previous conference a common
course is arranged. It is needless to say that I can not regard that
as a conference which consists in previous determination of the
matter for consideration and then informing me by letter of such
determination. The situation is sufficiently difficult to require
the best wisdom of all in authority here acting in unison.
1 will only add that this is a matter which, in my judgment, might
and ought immediately to be arranged satisfactorily and pleasantly
here, without requiring application to the powers. I do not address
this letter to the president, because he has assured me that he
agrees with me in my position entirely. I shall, however, furnish a
copy of it to Captain Gibson, as senior officer of the men-of-war
now in Samoa in the interest of the treaty powers, but in my letter
to him inclosing the copy I make no comment or request for action or
reply.
I have, etc.,
Henry C. Ide,
Chief Justice of Samoa.
[Inclosure 2 of November
12.]
The Consuls to Chief Justice Ide.
Apia, Samoa, September 5, 1894.
Sir: Your letter of the 24th ultimo, in
which you are pleased to enter your protest against such
conferences, as that referred to of the 23d, being held without
notice in advance to you and against the determination of questions
relating to the peace and good order in Samoa without your having an
opportunity to be present, was duly received, and we beg to inform
you that with regard to the meeting of the 23d ultimo, to which you
especially refer, we had no part in arranging it, but were ourselves
hastily invited to it, and therefore, if you were in fact entitled
to be of right present, which we do not concede, we are guiltless of
any real or implied omission or lack of consideration in the
matter.
We further beg leave to assure you that, so far as rests with the
undersigned, acting as a consular board, or as representing our
respective Governments, every assurance given you officially or
otherwise that you should receive the cordial support and
cooperation of the foreign officials in Samoa shall be, in the line
and scope of your authority, sincerely made good in the letter and
in spirit. We much regret that
[Page 737]
you are unable to regard what you term the
course stated, and which, as you correctly state, has occurred
several times before in substance, as such cooperation.
We must dissent from your declaration that matters have heretofore
this year been determined by the consular board, without the
slightest conference with you, which have directly invaded your
jurisdiction in the strict judicial sense, and which has occasioned
serious embarrassment.
The conference referred to of the 23d ultimo between the three
commanders of the men-of-war and the president, to which the
undersigned were invited, was called to consider—
- First. The request from the King that the war ships should
cooperate with and take part in the operations of his army
against the rebels in Aana in the same manner as they had
done in Atua.
- Second. A complaint from the King that a part of the late
rebels in Atua had broken the conditions of peace lately
concluded with the commanders of the men-of-war.
- Third. A communication from the Tumua of Leulumoega (Aana)
in regard to the action of the war ships, and lastly, a
message from the people of Lufilufi (Atua) stating that the
peace made with Atua was binding also by Samoan custom upon
Aana.
All these several matters were questions directly pertaining to the
conclusion of peace in one district and the prosecution of war in
the other.
After careful examination of every part of the Berlin general act, in
which the rights, powers, and jurisdiction of the chief justice are
inscribed, we are unable to perceive an on the part of the chief
justice to be present at such a conference, however agreeable it
might be that he should be present as a private gentleman on a like
or other occasion.
The line of precedent, we beg leave to suggest, since the formation
of the present Government is in support of the position here
assumed, and we can not admit that the friction which has been
experienced, and the difficulties so often encountered in the
administration of the internal affairs of this Kingdom, wherein, as,
you say, the lines of-authority between different officials are so
obscurely defined, would have been lessened or avoided by the
addition of yet another authority, whose jurisdiction in our opinion
is, in the midst of all the obscurity that may exist, clearly
defined and limited to another and more exalted field.
The supreme court, made up of but a single judge, is, under the
treaty, invested in some sense with perhaps the most unlimited
jurisdiction conferred upon any court in any country in connection
with the various nationalities and in the large number of
jurisdictions conferred upon it. We submit that each such
jurisdiction is of a legal character, if we may express it, and not
political.
We are aware that it is superfluous to remind you that the effort in
every country where the judiciary has been made an independent
department of the government has been to keep it separate and free
from political entanglement.
We do not believe that the three treaty powers, in the effort to
provide good government for a people essaying feeble steps in the
direction of higher civilization, would, disregarding all the
experience of time, have fixed upon them a system repudiated long
ago and conspicuously absent in their own constitutions. In our
opinion the only instance
[Page 738]
where an authority other than purely judicial is conferred upon the
chief justice is set forth in section 8, Article III:
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.
The adviser of the Samoan Government in all other questions is the
president.
The possibility that a political question may ultimately come in a
legal form before the supreme court for adjudication is a
controlling reason why the chief justice should be so situated as to
deal with it impartially and free from any participation in its
origin.
In conclusion we beg to assure you, that whenever you wish to have a
conference with us we shall always, as heretofore, be glad and ready
to comply with your request; but we can not, as stated before,
acknowledge as justified by the treaty your claim to be present as
of right and heard at the meetings of the consular representatives
and the president when purely political affairs are under
consideration.
We have, etc.,
- James H. Mulligan,
United States
Consul-General. - T. B. Cusack-Smith,
Her Britannic Majesty’s
Consul. - Biermann,
Imperial German Consul.
