PUBLIC RECORD OFFICE
Reference :-
mmimmim TITLICO. 885
PUBLIC RECORD OFFICE, LONDON
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authorities (Taima and Faipule) of Samoa with a two-fold object, (1) to secure German interests during the prevalent disputes and petty wars of contending native parties, and (2) to obtain the recognition of Germany's equal rights with other Powers, as against the efforts constantly being made to bring the group under the Protectorate cf a foreign Government.
29. With these objects in view the German representative at Samoa obtained certain engagements from the then ruling native authority, by such representative termed the Protocol of the 3rd July 1877. (Enclosure I.)
30. The position assumed by the Representatives of Germany under this Protocol is stated with conciseness in a letter directed to the Taimua and Faipule by Captain Hassenpflug and Consul T. Weber, dated Apia, May 24th, 1877. (Enclosure 2.)
31. On the 17th January a treaty was concluded between the Governments of Samoa and the United States of America. (Enclosure 3.)
32. When the ratified treaty arrived at Apia by the United States war ship " Adams," the German representative deemed it necessary to vindicate the rights of the most- favoured nation, which they affirmed had, under the Protocol already cited, been guaranteed to Germany.
33. The German Consul affirmed that in the commercial treaty concluded with the United States, privileges were granted to another nation in violation of the terms of Article 4 of the Protocol. The objection raised by the German Consul was founded upon the terms of Article 5 of the American Treaty."
34. Not receiving a satisfactory reply from the Government of Samoa, the ports of Saluafata and Fulealili were seized by the German authority, and the Imperial Government notified its determination to maintain this seizure until security was given for the conclusion of a treaty between Germany and Samoa on the footing of the most- favoured nation.
35. Such a treaty was, after some difficulty, finally concluded on the 24th of January 1879. Among other things, the treaty provided (Article V.) for the exercise of certain exclusive privileges by Germany in the harbour of Saluafata. It also contained an agreement with respect to land in the following words :—
"To confirm in quiet possession of German subjects, all lands in Samoa which they "have hitherto bought from Samoans in a regular manner, and in accordance with "the custom prevailing at the time; and all further interference with regard to such "lands is therefore excluded by this confirmation by the Samoan Government of the ownership of the German subjects." [It is open to question whether this rendering of the original German text is permissible, but it is the rendering given by Mr. Weber, who at the time was both German Consul and manager for Messrs. Godeffroy, and who, sitting as a judge in his own causes, immediately proceeded to act on it.]
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36. Much jealousy was created by the exclusive privileges accorded to Germany in respect of Saluafata harbour, and the Samoans laid themselves open to a complaint similar to that so recently preferred by German representatives, viz., that Article V. of the German treaty was in violation of the provisions of Article VI. of the American treaty. 37. British and American residents were much disturbed by the assumption that German subjects, which practically meant the house of Messrs. Godeffroy, had secured possession of all lands claimed by them without investigation.
38. As much of the land so claimed was, and still is disputed by other nationals upon titles believed to be equally as good or better than those of Germans, this further feeling of irritation was, perhaps, not unnatural. A treaty with great Britain conferring
upon the latter the privileges of the most favoured-nation was concluded upon the 28th August 1879.
39. It is proper to note that all through the official correspondence relating to the periods and events adverted to, the German Government declared itself only anxious to acquire "equal rights" with other nations in Samoa, in order to safeguard "the well-won rights of its subjects" against the arbitrary measures of a policy influenced by speculators.
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40. In the Reichstag on the 13th June 1879 Herr von Bulow, when submitting the Samoan treaty for the approval of the Chamber, observed, "nous ne voulons point fonder de colonie en ce pays, nous ne voulons pas avoir de monopole envers et contre d'autres, nous voulons uniquement établir autant qu'on peut le faire, que la navigation allemande et le commerce allemand aient là le bon droit et l'égalité "de droit.'
41. Shortly after the conclusion of the treaty with Germany the islands were distracted by civil war, which was brought to a partial close in the month of December 1879 by the influence of the Treaty Powers, but chiefly by the active steps taken by Captain
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Deinhard of H.I.G.M.S. Bismarck," acting on behalf, and at the request, of the representatives of Great Britain and the United States, as well as those of Germany.
42. Malietoa Talavoa was then recognised and declared to be King" for lifetime," and Malietoa Laupepa was appointed Regent.
43. It may be convenient in this place to state that as far back as the year 1873 the so-called Government of Samoa consisted of two Councils, named respectively, the Taimua and Faipula.
44. These Councils existed at the date of the first visit of Colonel Steinberger in the
year 1873.
45. Upon the return of this gentleman from Hamburg in 1875, they, at his instance, increased the number of representative Chiefs, re-organized their Government to some extent, and elected the Chief Malietoa Talavoa as their King. Colonel Steinberger · himself became Prime Minister.
46. This Government, however, broke up in February 1876, when, at the instance of the American Consul Forster and King Malieton, the Premier, Colonel Steinberger, was removed from Samoa by Captain Stevens of H. M.S. "Barracouta."
47. King Malietoa was shortly afterwards deposed by the friends of Colonel Stein- berger, and an acephalous Government was conducted by the Chiefs calling themselves Taimux and Faipule.
48. It was with this Government, without the concurrence of Malietoa and the strong party following his lead, that the German-Samoan Treaty was concluded.
49. În March 1879 the Taimua and Faipule placed themselves in the hands of General J. J. Bartlett, described in the Samoan official papers as "a gentleman of the United States of America." His connexion with the Government occasioned some difficulty, but was of brief duration.
50. The British-Samoan Treaty was concluded with the Government of Malietoa, who soon established themselves in power.
51. In this matter Sir Arthur Gordon (representing Her Majesty's Government) appealed for an opinion to the different consular officers resident in Apia, the naval officers in command of the English, German, and American ships-of-war in harbour, and Her Majesty's Deputy Commissioner and late Acting Consul, who unanimously informed him that in their judgment Malietoa was entitled to recognition as a de facto King, and was in a position to enter into treaty engagements with Great Britain.
52. Malietoa was generally recognised as the Chief most entitled by birth and actual authority to be King. He was accordingly proclaimed, and anointed King at Mulinuu on the 24th May 1879.
53. This position, as above stated, was subsequently confirmed by the influence and authority of the three Treaty Powers, in December 1879 (vide Articles of Agreement signed by the contending native parties, on board H.I.G.M.'s ship "Bismarck," 23rd December 1879, and witnessed by Capt. Deinhard, Capt. Chuden,- and Consul Weber).
54. The party opposed to Malietoa shortly afterwards repudiated their obligations under the Agreement referred to, and until the middle or end of June 1880 the island of Upolu was the scene of constant fighting and disorder.
55. For the better security of life and property during the continuance of strife, the contending parties had already agreed with the foreign Consuls to define and respect a neutral territory in and about Apia. This Agreement was made on 29th May
1879.
56. On the 24th March 1880 the foreign representatives agreed with King Malietoa for the constitution of an Executive Council for the Samoan Government.
57. This Agreement was not, however, confirmed by the Treaty Powers. Majesty's Government were of opinion that a Council of the nature proposed would Her exercise so preponderating an influence over Samoans, over the officers of Samoa, as practically to throw the government of the islands upon the three Governments who would be represented by the Executive Council.
58. During 1880 the contending native factions in Samoa seldom ceased quarrelling, and petty conflicts were of frequent occurrence.
59. King Malietoa Talavoa died on the 7th November 1880, and on the 13th of the month the Consuls wrote to both war parties proposing a cessation of hos- tilities.
60. The King's party accepted, the others declined, these proposals.
61. In March 1881 Malietoa Laupepa, the Vice-King, was appointed King, the Chief of the opposing party protesting and notifying that they had chosen Tamasese, a Chief of Tupua family, to be King.
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