Done at Apia the twenty-eighth day of August, in the year of our Lord one thousand eight hundred and seventy-nine. (L.S.) ARTHUr Gordon. (L.S.) ALFRED P. MAUDSLAY. (L.S.) MALIETOA LAUPEPA. In November 1879 the German man-of-war Bismarck' arrived upon the scene, and, acting under telegraphic orders from Europe, seized Tupua's fleet, which had the desired effect of speedily stopping the fighting. An agreement was now drawn up and signed by both parties, on board the Bismarck,' giving the Malietoa dynasty supreme power for seven years; and Telavou was placed on the throne hitherto occupied by his nephew Laupepa. Soon after the events just related, on board the 'Bismarck,' Captain Purvis, commanding H.M.S. 'Danae,' arrived at Apia with orders from the British Government to recognise Malietoa, and, in conjunction with the naval power of America and Germany, to protect the Government. A very knotty problem, however, had now to be solved. Germany had already effected the following treaty with the old Government. I give it epitomised: Treaty of Friendship between Germany and Samoa, signed at Apia, 24th of January, 1879.9 [TRANSLATION.] ART. I. States that there shall be peace and perpetual friendship between the German Empire and Samoa. ART. II. That the subjects of both parties shall enjoy equal protection in their persons and property in both countries. ART. III. And equal religious liberty. ART. IV. Refers to commerce. I give it verbatim: There shall be full freedom of commerce for German subjects in all parts and places of Samoa; they may enter unpreventedly with their vessels and cargoes of whatsoever kind into all places, harbours, and waters of Samoa, sell the cargoes of their vessels, and land and store them, and they may also send off produce of the country or articles of any other kind belonging to them for loading their vessels. The German subjects shall not pay any taxes or duties, or be submitted to any restrictions with regard to their vessels and cargoes which arrive or depart, or with regard to the pursuit of commerce as long as such have not been especially agreed upon between the two Governments, but also in this case the German subjects shall always enjoy in Samoa the same nights and advantages as the Samoans or the subjects of the most favoured nation. ART. V. Relates to harbour of Saluafata. ART. VI. After setting out equal submission of both contracting parties to the laws and regulations of both governments, it concludes thus: From State Papers,' Vol. 70, now in course of publication. Specially does the Samoan Government hereby guarantee to the German subjects peaceable possession of all lands in Samoa which they have hitherto bought from Samoans in a regular manner and in accordance with the custom at the time, and all further interference with regard to such lands is therefore excludel by this confirmation by the Samoan Government of the ownership of the German subjects. The Germans shall therefore be at liberty to make use of all their lands in Samoa without interference, to establish plantations thereon, and to procure and employ the necessary labourers as well for such purpose as also in general for their wharves, business premises, and houses. ART. VII. Germany to determine what jurisdiction shall decide disputes between Germans and Samoans. Meanwhile, until the two Governments have thus agreed, all disputes arising between Germans in Samoa and Samoans shall be decided in the manner hitherto customary by the German Consul or his substitute in conjunction with an officer of the Samoan Government. ART. VIII. No submission to future laws and regulations until deliberated upon by German Consul and Samoan officials, and all laws and measures already agreed upon between the officials of Germany and Samoa only to come into force after confirmation by the German Government. But any agreements which the officers of the two Governments have come to with regard to municipal arrangements or police, quarantine, and Apia Harbour regulations, Sc. ART. IX. Relates to civil status and position, and further declares all matters concerning commerce not yet settled shall be reserved to an agreement between the two Governments. ART X. The Government of Samoa promises not to grant in their own country any monopolies, indemnities, or real advantages to the disadvantage of German commerce or of the flag and the subjects of the German Empire. ART. XI.-The Government of Samoa promises to grant the German Government as many rights as the most favoured nation as well in respect to all matters alluded to in the preceding articles of this treaty as also generally and as may be granted to any other nation in future. ART. XII. States treaty to come into force at once. ART. XIII. Certain references to ratification which have been complied with. Captain Zempsch, the German Consul, now desired the new king. to ratify this treaty. Telavou, however, thinking such a step would involve the acknowledgment of all the purchases of land made by German subjects in Samoa, refused to give it his sanction. He was willing to confirm any sale made with the sanction of the hereditary head of any family, but averse to recognising any other land transactions. The German Consul was greatly annoyed at Telavou's action in this matter, and for some time it was thought that he had an intention of lending his influence to the old party; indeed, the VOL. XIX.-No. 108. X intimation he gave to Masua, the rebel leader, certainly pointed in that direction. However, on receipt of a letter from Sir Arthur Gordon, dated British Consulate, Apia, September 1880,' from which I extract the following paragraph, Malietoa was induced to ratify the treaty in question. (1) That in reference to the Treaty which you made with Germany, the Consul of the German Government informs me that you are in error if you think that in that treaty there is any reference to debts contracted by the old Samoan Government; another thing about which he informs me, that you are in error if you think there is any reference in that treaty about entertaining an appeal in reference to any land question which had previously been investigated. I therefore positively inform your Majesty that there is no danger, and no difficulty will arise to you, if you hold rightly to the meaning of that treaty. And on September 2, 1879,10 a Convention was agreed upon between Great Britain and Samoa in order to make better provision for The good government of the town and district of Apia. The preservation of peace and good order therein. And the maintenance of its neutrality should internal disturbance unhappily take place in the Samoan State. This was signed by Malietoa Lupepa and Sir Arthur Gordon on behalf of Samoa and England, and agreed to and attested by the signatures of Mr. Weber, Imperial German Consul, and Captain Chandler, commanding U.S.S. Lackawanna.' By the terms of the Convention (Art. X.), the entire authority of the town and district of Apia was to revert to Malietoa and his Government on the 2nd September, 1882, if the internal state of Samoa would admit of such a proceeding being carried out; but when this time came round, affairs in these islands were so unsettled that it was deemed wise by the Governments of Great Britain, Germany, and the United States to enter into another Convention with the King and Government of Samoa, so as to enable the clause in the original Convention to hold good." Accordingly on September 26, 1883, King Malietoa and the Consuls of the Great Powers agreed that the 1879 Convention should remain in force without change until the internal state of the island would admit of the district again passing under the control of the Samoan Government. Notwithstanding the recognition of the new Government by the great Powers, peace was not long maintained, and in the party strife that ensued much more land passed from the natives to the Germans. In July 1881, Captain Willis, commanding the U.S.S. 'Lackawanna,' put an end to the rebellion, and Malietoa and Tupua signed a treaty, attested by the Consuls of Great Britain, America, and • Translated from original in the Samoan language. 10 Vide Samoa, No. 2 (1881). Germany, by which it was agreed that the armies should be disbanded at once, and that all Samoa should be amicably united under Malietoa and Tupua, the former as King and the latter as Vice-King. Events that have taken place in the islands during the last few years leave no room to doubt the determination of Germany to be paramount in Samoa. On the 10th of November, 1884, Malietoa and his Government were forced into signing the following treaty by the German Consul. I give the text as telegraphed to England by Sir William Jervois on the 8th of January, 1885. In order to secure German subjects residing Samoa advantages good government, and in conformity with Article XVII. Treaty of Friendship between Germany and Samoa 24th January, 1879, Acting German Consul, South Sea Islands, and' King, Vice-King, and Government Samoa, have agreed to following Articles:— I. German-Samoan State Council (Staatsrath) is hereby formed, the same to consist of German Consul or his substitute, two Samoans, of whom on [? one] shall be appointed by King, the other by Vice-King, with approval of the Taimua and Faipule, and two Germans, who shall be appointed by German Consul. II. German-Samoan State Council (Staatsrath) shall discuss all laws and regulations, and decide whether same are in conformity with common interests of Samoan Government and of German subjects residing Samoa, it shall especially pass such laws as refer to crimes of Samoans when a German subject or subject of other State in German employ, or coloured labourer in German service, or the property of such persons has been injured thereby; same regulations shall apply to crimes committed by coloured labourers in German employ. III. The Regulations passed by German-Samoan States Council (Staatsrath) shall be published as laws by King and Vice-King under their signatures; in the introductory [sic] shall be stated that the law is published after having previously been passed by German-Samoan Council (Staatsrath). IV. Kings shall, in concert with German Consul, appoint a German officer in the German Government; the said officer shall be Secretary and Adviser of the King in all matters relating to German subjects residing Samoa; he shall exercise functions of a German Judge in every case in which Germans residing Samoa are interested when punishment to be inflicted does not exceed two years' imprisonment with hard labour, in concert with a Samoan Judge, in cast [? cases] where Samoans and coloured labourers have committed crimes against Samoans or Samoans' property alone. In case where coloured labourers have committed crimes amongst themselves, when more than two years' imprisonment with hard labour can be inflicted, German Consul shall, in concert with a Samoan Judge, take upon himself the functions, or authorise the German official in Samoan Government, or a third person, to act. V. In order to provide for convicts in cases in which German subjects in Samoa are interested, a gaol shall be erected; those convicted to imprisonment with hard labour shall be held to proper work, proceeds of which shall be applied to defraying expenses arising from the administration of gaol. VI. German officer in the Samoan Government shall have supervision of the prison system. The King, in concert with German Consul, shall appoint police, who shall attend to the prison service and security of the German plantations; the same shall be subject to the orders of official in Samoan Government. VII. The necessary expenses arising in consequence this Agreement shall be defrayed out of Court fees and receipts from convict labour, and out of taxes to be levied on Germans interested; the control of this money shall be intrusted to a representative of German tax-payers; the levying such taxes, also the taxing the amount of the expenses, takes place through German- Samoan State Council (Staatsrath). VIII. This Agreement has immediate force, subject to approval of Imperial German Government. As long as this is not given, payment of taxes cannot be demanded from German subjects. Imperial German Government shall have right to abrogate this Agreement, in which case it loses legal force after lapse of six months, in testimony whereof we have herewith subscribed our signatures. Done in Imperial Consulate, Apia, 10th November, 1884. D. Stuebel, Imperial Acting Consul; Malietoa; Te Lipu Samoa Tapua Te tuż Tupu; T. Weber as witness.12 I say forced into signing,' and the meaning of the phrase is justified by the fact that Malietoa on the 29th of December, 1884, forwarded to the Emperor of Germany a piteous protest, stating that both he and Tupua had only signed it on account of fear and through being continually threatened,' and praying that the Treaty would not be received by the Emperor. The petition also brought serious charges against Mr. Weber, who, though no longer acting German Consul, held a high position in a firm of German merchants in Samoa, and acted as witness to Dr. Stübel's signature in the treaty in question; it accuses him of endeavouring to bring about. wars, and of causing difficulties in Samoa, of scheming with certain Samoan chiefs, and giving them bribes to break up Malietoa's Government, and various other wrongs. The arbitrary action of Dr. Stübel and the backing he received from Mr. Weber, caused the native Government much uneasiness. A petition for British protection was now drawn up and signed by the King, Vice-King, and the members of the Government, with but two dissentients, and immediately despatched to England viâ New Zealand. Sir William Jervois at once telegraphed the news and subject-matter of Treaty to the Colonial Office. From this method of proceeding, no doubt, arose the report, which was circulated in London and the colonies during the early part of last year, of the annexation of Samoa by New Zealand. Now mark the sequel. We received intelligence from Samoa few days ago that two German vessels arrived there, and learning King and Chiefs had petitioned Her Majesty for annex ation, officers made treaty for five years with King, who states he was forced Chiefs not consulted. Chiefs and people repudiate treaty, and Parliament Samoa decline ratify. Treaty gives whole authority Government to German Representative. Premier and Consuls not consulted. New Zealand has large interests in Samoa. My Ministry consider that if Germany keep New Guinea and adjacent islands, Samoa and Tonga should become British. They hope compact will be maintained with France about New Hebrides.13 12 Forwarded by telegraph from Governor Sir W. F. D. Jervois, G.C.M.G., C.B. (New Zealand), to the Right Hon. the Earl of Derby, K.G. (Received January 8, 1885.) 13 Forwarded by telegraph from Governor Sir W. F. D. Jervois, G.C.M.G., C.B. (New Zealand), to the Right Hon. the Earl of Derby, K.G. (Received January 6, 1885). |
