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to complicate a situation already sufficiently difficult. Much feeling was aroused, and an appropriation of half a million dollars was made by Congress for the protection of the interest of the United States. Our squadron in Samoan waters was reinforced, only to be destroyed later by a hurricane in the port of Apia. Nor was the tension relieved till February, 1889, when an agreement was reached for the renewal of the conference between the three treaty powers.

In reviewing this chapter in the history of our relations to Samoa, fraught with so much peril to our "safety and prosperity," we look in vain for any compensating advantage. So far as the departure from our early and conservative policy had produced any appreciable result, it had been one of unmitigated disadvantage. It certainly can not be maintained that the condition of the natives was improved by our interference. On the other hand, no interest of our own had been promoted. The whole trade of the islands is of small value, and of this only an insignificant part is with the United States. We have never found it to be necessary to interfere in the affairs of a foreign country in order to trade with it.

Our trade with Oceanica amounts to forty million dollars a year, of which one-half is with British Australasia. Our trade with Samoa forms a scarcely appreciable part of the grand aggregate. In the year 1887, while we were exercising our good offices in behalf of the native Government and after our new policy had been in operation for nearly fifteen years, the reports for the consular district of Apia show that out of 229 merchant vessels that arrived there only 6 were American. Of these the aggregate tonnage was only 1,065 tons, or less than a fourth of that of single vessels in some of the fleets that ply weekly between our ports and those of Germany, the power with which we had fallen into serious contention. The cargoes imported by those 6 vessels were valued in the aggregate at less than $60,000. Nor has our trade been increased by the relations that we have since assumed. Our consul at Apia stated in 1887 that the importations from the United States into that district in 1886 amounted in value to $150,000. This is far more than the returns for any subsequent year disclose, the usual amount being little in excess of that of 1887, when not actually below it. The exports to the United States are scarcely appreciable. For the fiscal year ending June 30, 1892, their declared value was $20,060.58, and of this sum $18,750.65 represented the wreckage recovered from our naval vessels that were destroyed in the hurricane of 1889.

On June 14, 1889, there was concluded the general act of Berlin "for the neutrality and autonomous government of the Samoan Islands." Before proceeding to the consideration of this treaty and of its results, it is proper to advert to the fact that in the instructions given our negotiators at Berlin it did not escape observation that our course toward Samoa had involved us in a departure from our established policy. It has already been shown that in the conference of 1887 the United States presented a plan to establish through identic, yet separate and independent, treaties with Samoa an executive council, to consist of the Samoan King and vice-king and three foreigners, one of whom should be nominated by each of the three treaty powers, but who should be appointed and paid by the native Government, in order that they might be independent of foreign influence. Referring to this plan, the instructions given by Mr. Blaine to our negotiators at Berlin on April 11, 1889, said:

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.

The general act of Berlin, after declaring the independence and neutrality of the Samoan Islands and stipulating for the provisional recognition of Malietoa Laupepa as King, provides for the establishment of a government.

Of this government the principal feature is a supreme court, which consists of one judge, styled chief justice of Samoa, who is nominated by the three treaty powers, or, if they can not agree, by the King of Sweden and Norway, and who is empowered to appoint a clerk and a marshal. The salary of the chief justice is fixed at $6,000 a year in gold, to be paid the first year in equal proportions by the three treaty powers and afterwards out of the revenues of the Samoan Government, on which it constitutes a first lien, but with a provision that any deficiency shall be made good by the treaty powers. The clerk and the marshal are paid by fees.

The chief justice has jurisdiction both original and appellate, and his decisions are final. He has jurisdiction of all questions arising under the general act; of any question that may arise as to the election of a King or any other chief, or as to the validity of any powers claimed by such King or chief, and also of any differences that may arise between either of the treaty powers and Samoa. He has power to recommend the passage of laws. He has exclusive jurisdiction of all suits concerning real property in Samoa; of all suits between natives and foreigners or between foreigners of different nationalities; of all crimes and offenses committed by natives against foreigners, except minor offenses in the municipality of Apia; and he is empowered to adopt in his court, so far as applicable, and with such modifications as circumstances may require, the practice and procedure of common law, equity, and admiralty as administered in the courts of England.

In criminal cases he is authorized to impose, according to the crime, the punishment prescribed by the laws of the United States, of England, or of Germany, as he shall deem to be most appropriate, though in the case of native Samoans and other South Sea islanders he is authorized to follow the laws and customs of Samoa.

After the supreme court, the feature next in order is the local government provided for the municipal district of Apia, in which there are only about 170 electors. Of this government the principal organ is a municipal council, composed of six members and a president. The president, who is the chief executive of the district and who is also invested with the function of advising the King "in accordance with the provisions of the general act,' and not to the prejudice of the rights of either of the treaty powers," is selected through the instrumentality of those powers, and receives an annual compensation of $5,000, paid the first year in equal shares by the treaty powers, and afterwards out of that portion of Samoan revenues assigned to the use of the municipality, upon which his salary is the first charge. The municipal council in turn appoints a municipal magistrate and necessary subordinate officers of justice and of administration within the municipality. But the orders passed by the municipal council have no effect till approved by the three foreign councils, or, if they fail to agree, by the chief justice.

In addition to these provisions for the permanent government of the islands, the general act provides for a land commission for the exami nation of claims and titles to lands, subject to the final jurisdiction of

the chief justice. It is provided that this commission shall consist of three persons, one to be named by each of the powers, and each to receive a compensation of $300 a month and his reasonable fare to and from Samoa. Following the same rule it is provided that the reasonable and necessary expense of taking evidence and making surveys shall be borne by the three powers in equal proportions.

The general act further provides a system of revenue, consisting of import and export duties, capitation taxes on Samoans and colored plantation laborers other than Samoans, license taxes, and certain occasional duties.

It is obvious that the machinery thus devised for the government of the islands is inaccurately styled an "autonomous government." It is true that in the first article of the act the contracting parties declare that they "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." This declaration, however, only adds force to the fact that we may look in vain in all the comprehensive framework of the treaty for a single provision that secures to the nominal and unsalaried King or to the natives either independence or any substantial part in the exercise of the executive, legislative, or judicial powers of the Government. All these powers are in reality discharged by foreign officials actually chosen by the treaty powers and backed up by their force and their funds. The so-called "autonomous government" is more than a joint protectorate. It is in substance and in form a tripartite foreign government, imposed upon the natives and supported and administered jointly by the three treaty powers. Such is the arrangement to which the United States, in the pursuit of its new policy, has committed itself for the purpose of securing the so-called neutrality of these distant islands.

In due time the Samoan Government gave its formal adherence to the treaty, and it was put into operation. An election of King by the so-called chiefs was held and resulted in the choice of Malietoa, of whom the powers had, however, already renewed their recognition.

Immediately difficulties were encountered in the administration of the new Government. It was found that, like its predecessors, it must encounter the inveterate reluctance of the natives to submit to a centralized government, or indeed to any government, as government is understood among civilized nations. They refused to heed the warrants of the supreme court, and it became necessary to invoke the assistance of a man-of-war for their enforcement. They also manifested, though not for the first time, an aversion to the payment of capitation taxes, and it became necessary to resort to coercive measures in order to collect them.

As early as 1891 some of the natives, under the lead of Mataafa, began to betray rebellious symptoms of even a more pronounced character. In a dispatch of December 6, 1892, Mr. Blacklock, the consul of the United States at Apia, in reporting upon the condition of affairs that had prevailed in the islands for a year prior to that date, said:

Ever since Mataafa's establishment at Malie he has endeavored to gather strength, and there is not the slightest doubt had he been successful in getting sufficient following he would have made war upon Malietoa; he has done everything in opposing the Government except making war; he has defied its courts, obstructed its officials in the execution of their duties, harbored refugees from justice, succored and supported prisoners escaped from prison, and at the present moment is living in open defiance of the King and Government and all the laws of the country, keeping up an armed force and plundering foreigners' plantations for subsistence. Time and again

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.

The general act of Berlin, after declaring the independence and neutrality of the Samoan Islands and stipulating for the provisional recognition of Malietoa Laupepa as King, provides for the establishment of a government.

Of this government the principal feature is a supreme court, which consists of one judge, styled chief justice of Samoa, who is nominated by the three treaty powers, or, if they can not agree, by the King of Sweden and Norway, and who is empowered to appoint a clerk and a marshal. The salary of the chief justice is fixed at $6,000 a year in gold, to be paid the first year in equal proportions by the three treaty powers and afterwards out of the revenues of the Samoan Government, on which it constitutes a first lien, but with a provision that any deficiency shall be made good by the treaty powers. The clerk and the marshal are paid by fees.

The chief justice has jurisdiction both original and appellate, and his decisions are final. He has jurisdiction of all questions arising under the general act; of any question that may arise as to the election. of a King or any other chief, or as to the validity of any powers claimed by such King or chief, and also of any differences that may arise between either of the treaty powers and Samoa. He has power to recommend the passage of laws. He has exclusive jurisdiction of all suits concerning real property in Samoa; of all suits between natives and foreigners or between foreigners of different nationalities; of all crimes and offenses committed by natives against foreigners, except minor offenses in the municipality of Apia; and he is empowered to adopt in his court, so far as applicable, and with such modifications as circumstances may require, the practice and procedure of common law, equity, and admiralty as administered in the courts of England.

In criminal cases he is authorized to impose, according to the crime, the punishment prescribed by the laws of the United States, of England, or of Germany, as he shall deem to be most appropriate, though in the case of native Samoans and other South Sea islanders he is authorized to follow the laws and customs of Samoa.

After the supreme court, the feature next in order is the local government provided for the municipal district of Apia, in which there are only about 170 electors. Of this government the principal organ is a municipal council, composed of six members and a president. The president, who is the chief executive of the district and who is also invested with the function of advising the King "in accordance with the provisions of the 'general act,' and not to the prejudice of the rights of either of the treaty powers," is selected through the instrumentality of those powers, and receives an annual compensation of $5,000, paid the first year in equal shares by the treaty powers, and afterwards out of that portion of Samoan revenues assigned to the use of the municipality, upon which his salary is the first charge. The municipal council in turn appoints a municipal magistrate and necessary subordinate officers of justice and of administration within the municipality. But the orders passed by the municipal council have no effect till approved by the three foreign councils, or, if they fail to agree, by the chief justice.

In addition to these provisions for the permanent government of the islands, the general act provides for a land commission for the examination of claims and titles to lands, subject to the final jurisdiction of

the chief justice. It is provided that this commission shall consist of three persons, one to be named by each of the powers, and each to receive a compensation of $300 a month and his reasonable fare to and from Samoa. Following the same rule it is provided that the reasonable and necessary expense of taking evidence and making surveys shall be borne by the three powers in equal proportions.

The general act further provides a system of revenue, consisting of import and export duties, capitation taxes on Samoans and colored plantation laborers other than Samoans, license taxes, and certain occasional duties.

It is obvious that the machinery thus devised for the government of the islands is inaccurately styled an "autonomous government." It is true that in the first article of the act the contracting parties declare that they "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." This declaration, however, only adds force to the fact that we may look in vain in all the comprehensive framework of the treaty for a single provision that secures to the nominal and unsalaried King or to the natives either independence or any substantial part in the exercise of the executive, legislative, or judicial powers of the Government. All these powers are in reality discharged by foreign officials actually chosen by the treaty powers and backed up by their force and their funds. The so-called "autonomous government" is more than a joint protectorate. It is in substance and in form a tripartite foreign government, imposed upon the natives and supported and administered jointly by the three treaty powers. Such is the arrangement to which the United States, in the pursuit of its new policy, has committed itself for the purpose of securing the so-called neutrality of these distant islands.

In due time the Samoan Government gave its formal adherence to the treaty, and it was put into operation. An election of King by the so-called chiefs was held and resulted in the choice of Malietoa, of whom the powers had, however, already renewed their recognition.

Immediately difficulties were encountered in the administration of the new Government. It was found that, like its predecessors, it must encounter the inveterate reluctance of the natives to submit to a centralized government, or indeed to any government, as government is understood among civilized nations. They refused to heed the warrants of the supreme court, and it became necessary to invoke the assistance of a man-of-war for their enforcement. They also manifested, though not for the first time, an aversion to the payment of capitation taxes, and it became necessary to resort to coercive measures in order to collect them.

As early as 1891 some of the natives, under the lead of Mataafa, began to betray rebellious symptoms of even a more pronounced character. In a dispatch of December 6, 1892, Mr. Blacklock, the consul of the United States at Apia, in reporting upon the condition of affairs that had prevailed in the islands for a year prior to that date, said:

Ever since Mataafa's establishment at Malie he has endeavored to gather strength, and there is not the slightest doubt had he been successful in getting sufficient following he would have made war upon Malietoa; he has done everything in opposing the Government except making war; he has defied its courts, obstructed its officials in the execution of their duties, harbored refugees from justice, succored and supported prisoners escaped from prison, and at the present moment is living in open defiance of the King and Government and all the laws of the country, keeping up an armed force and plundering foreigners' plantations for subsistence. Time and again

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