17055.
PUBLIC RECORD OFFICE
TIT
Reference :-
C.O.
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 13B.
(WESTERN PACIFIC.)
LAW OFFICERS to FOREIGN OFFICE.
Royal Courts of Justice, July 28, 1892. We were honoured with your Lordship's commands signified in Sir Philip Currie's letter of the 10th ultimo, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list relative to a dispute which had arisen as to the proper destination of the import and export duties in Samoa, leviable under the provisions of Article VI. of the Final Act of the Berlin Conference on the affairs of Samoa.
That in February last Baron S. von Pilsach, the adviser of the Samoan Government, and the President of the Municipal Council of Apia, submitted a Memorandum to the three Treaty Powers, in which he explained the system hitherto followed for the apportionment of those duties, and suggested certain modifications of the Final Act, with a view to avert the bankruptcy of the Samoan Government, and provide it with a more equitable share of the revenue.
That that Memorandum he subsequently withdrew by telegram, in consequence of a decision of the Chief Justice, that the customs duties belonged to the Samoan Government.
That detailed reports respecting that decision had now been received.
That Sir Philip Currie was to call our attention to Mr. Consul Cusack-Smith's despatch No. 18 of the 26th April, in which was enclosed the written decision of the Chief Justice, assigning the import and export duties leviable under section 2 of Article VI. of the Final Act, to the use of the Samoan Government.
That in the same despatch would be found a case submitted by the Municipal Council, protesting against that decision, and appealing to the Treaty Powers.
That nothing was known in the Foreign Office of a previous verbal decision of the Chief Justice to which reference was made in the case for the Municipality, beyond what was stated in the papers.
That under Section 4, Article III., of the Final Act, the Supreme Court was invested with jurisdiction over all questions arising under the provisions of the General Act, and that it would appear, therefore, at first sight, that the Chief Justice was competent to decide the question which had arisen.
That Consul Cusack-Smith, however, took exception to the decision of the Chief Justice on the ground that it was given without the judicial proceedings provided for in Section 5 of Article III., and without previously informing the Municipal Council, or giving them an opportunity of stating their views. But that it was not clear that the provisions of that section applied to the case in point.
That as matters at present stood, it would appear that, if they were deprived of the customs duties, the Samoan Government would be practically bankrupt, and unable to carry on the duties of administration, as it was generally admitted that the Capitation tax could not be collected.
That, on the other hand, the Municipality stated that they would be reduced to the same position if the customs duties were withdrawn from them,
That public opinion among the European community had been much aroused by the incident, and that it was obvious that Baron S. von Pilsach, the Municipal President, was placed in a very difficult position; for in the dual capacity conferred upon him by the Berlin Act, of Adviser to the King and Government of Samoa, and, at the same time, President of the Municipal Council, he represented two parties whose interests conflicted.
That under those circumstances a temporary compromise had been effected through the intervention of the Consuls, pending the result of the appeal to the Treaty Powers. That a modification of the provisions of the General Act had been suggested both by Consul Cusack-Smith and the Municipal President, with a view to meet the exigencies of the situation.
That the question of modifying the Act was, however, one of policy, and would have to be considered in conjunction with the other Treaty Powers, viz., Germany and the United States.
o 70451.-82, 25.-9/92.