770 



SAMOA. 



outside of tho limits of Apia. Murder and other 

 serious crimes, when committed by men of rank, 

 remained unpunished, and the Supreme Court and 

 the nominal Government at Mulinuu had been 

 alike powerless. The importance and bitterness 

 of the disputes arising from the election of a king 

 and his subsequent efforts to exert his authority 

 were complicated by rivalries between the foreign 

 nationalities among themselves and their disposi- 

 tion to take sides in native politics. The insuffi- 

 cient enforcement of the customs regulations al- 

 lowed unscrupulous traders to distribute large 

 numbers of arms among the native population 

 rent by political factions and ready to fight both 

 cne another and Europeans. Even the most im- 

 portant chiefs acquiesced in the abolition of the 

 kingship, which was not an ancient institution. 

 The commissioners recommended its permanent, 

 abolition, and in its place they proposed to cre- 

 ate a native system of government, by which 

 the islands should be divided into administrative 

 districts, corresponding with those recognized by 

 Samoan usage, for each of which a chief would 

 be responsible, and these chiefs should meet an- 

 nually in Apia in a native council to discuss 

 matters of general interest and make recommen- 

 dations to the Government. Native courts would 

 be allowed to punish minor crimes in accordance 

 with native law and custom. To guard against 

 strife between rival claimants for the office of 

 provincial chief it was recommended that the 

 head of the administration should have power 

 to appoint the provincial governor or chief in 

 case of dispute. Because of evils arising from 

 rivalry and mutual hostility of the different 

 nationalities, which formed two parties in the 

 municipal council and decided all questions on 

 partisan and national considerations, the com- 

 missioners proposed that an administrator be 

 appointed by the three powers acting in concert, 

 or, in the event of their disagreement, chosen by 

 some disinterested power, to be assisted by dele- 

 gates of the three protecting governments, who 

 might exercise consular powers. These four 

 would form a legislative council, with power to 

 modify existing laws and ordinances, to alter the 

 boundaries of districts and the details of native 

 government, etc. Consular jurisdiction would be 

 abolished, and the chief justice empowered to de- 

 cide cases between Europeans and between natives 

 and Europeans, and also to try natives when 

 charged with sericus crimes against one another. 

 A municipal magistrate would act as a court of 

 the first instance within the limits of the munici- 

 pality. The treaty provision against the impor- 

 tation of firearms and the sale of liquor to na- 

 tives, which had become a dead letter, the com- 

 missioners proposed to make more stringent. The 

 commissioners did not think it possible to do 

 away with the disturbing influence of national 

 jealousies under a tripartite administration, and 

 they all agreed that the only natural and normal 

 form of government for the islands, and the only 

 system capable of insuring permanent prosperity 

 and tranquillity, was the government by one 

 power. The task of the commission was to find 

 a workable system under the tripartite arrange- 

 ment. The chief justice, to be selected in the 

 same way as the administrator, would have power 

 to interpret the amended act, the powers reserving 

 the right to modify or revoke judicial, executive, 

 or legislative decisions on certain political or in- 

 ternational questions. 



The commissioners visited every district of the 

 islands, and held meetings of the natives. They 

 brought about a reconciliation between the ad- 

 herents of the Tanu and Mataafa parties, and 



learned the views of the people in regard to the 

 form of native government that would be accept - 

 able and best adapted to their retirements. 

 After having decided upon the amendments neces- 

 sary and proper to be made in the Berlin general 

 act, the commissioners called a meeting on July 

 14 of all the leading and common chiefs of both 

 the Malietoa and Mataafa factions at Apia. At 

 this meeting 450 chiefs of all ranks were present. 

 The commissioners explained the general propo- 

 sitions contained in their amendments, and these 

 were agreed to and adopted and signed by 13 

 chiefs delegated by each party. When Chief-Jus- 

 tice Chambers returned to America on July 14 

 Dr. Wilhelm Solf, the new German municipal 

 president, claimed that the office devolved upon 

 him, but waived his rights at the instance of the 

 German commissioner, and the commission ap- 

 pointed Luther W. Osborn, the American consul 

 general, to act as chief justice until the nomina- 

 tion of a permanent incumbent under the new 

 Constitution. The commission advised the aboli- 

 tion of the office of municipal president, the di- 

 vision of the municipality into three districts 

 instead of two, the election of a mayor by the 

 six councilors, and the submission of the regula- 

 tions passed by the municipal council to the ad- 

 ministrator for approval, instead of to the >M 

 sular representatives. After appointing Dr. >-lt 

 as adviser to the new provisional Government, 

 consisting of the consuls of the three powers, the 

 high commissioners departed on July 18. It was 

 not till a week later that the consular board is- 

 sued a proclamation assuming the government. 

 The Malietoans failed to obey the orders of the 

 commissioners to leave Mulinuu and dissolve t licit 

 Government. The Mataafans complained, and the 

 consuls ordered them anew to go to their homes, 

 but failed to give effect to their proclamation. 



Division of Samoa between Germany and 

 the United States. The three governments, 

 adopting the conclusion of t licit eoinmi--iouers 

 that the tritlominium in any form would not lead 

 to permanent tranquillity, negotiated on the ki-i- 

 of a partition of the islands, and on Nov. 14 con- 

 cluded the following convention: 



"The commissioners of the three po\\ei- i-mi- 

 cerned having in their report of the 18th July 

 last expressed the opinion, based on a thorough 

 examination of the situation, that it \vouhl l.c 

 impossible effectually to remedy the troubles mid 

 difficulties under which the islands of Samoa are 

 at present suffering as long as they are pl;i< -cd 

 under the joint administration of the three gov- 

 ernments, it appears desirable to seek for a solu- 

 tion which shall put an end to these difficulties, 

 while taking due account of the legitimate inter- 

 ests of the three governments. 



" Starting from this point of view, the under- 

 signed, furnished with full powers to that elleet 

 by their respective sovereigns, have agreed on ' he 

 following points: 



" ARTICLE I. Great Britain renounces in fa- 

 vor of Germany all her rights over the inlands 

 of Upolu and of Savaii, including the right of es- 

 tablishing a naval and coaling station then 1 , and 

 her right of extraterritoriality in these islands. 

 Great Britain similarly renounces, in favor of the 

 United States of America, all her rights over the 

 island of Tutuila and the other islands of the 

 Samoan group east of 171 longitude east of 

 Greenwich. Great Britain recognizes as falling 

 to Germany the territories in the eastern p;i 

 the neutral zone established by the arrangement 

 of 1888 in West Africa. The limits of the portion 

 of the neutral zone falling to Germany are de- 

 fined in Article V of the present convention. 



