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PUBLIC RECORD OFFICE

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C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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GENTLEMEN,

No. 19.

(WESTERN PACIFIC.)

FOREIGN OFFICE to LAW OFFICERS.

Foreign Office, September 15, 1892.

I HAVE the honour to transmit to you, by direction of the Earl of Rosebery, the papers noted in the accompanying list, which relate to the question of passing Regu- lations to enforce on British subjects the provisions of the Final Act of the Berlin Conference on Samoan affairs, which formed the subject of a Report by your prede- cessors dated the 1st December 1890.

I am to draw your special attention to the letter from Baron S. von Pilsach, Adviser to the King of Samoa, inclosing a copy of an Ordinance passed by the Samoan Government to provide for the collection and management of the customs revenue in the port of Apia.

In forwarding this Ordinance to Her Majesty's Government, Baron von Pilsach states that it has been drawn up in conformity with the Customs Regulations Ordinance of 1881 enacted in Fiji, a few clauses having been modified to suit local requirements; and he asks that the necessary steps may be taken to render it applicable to British subjects in Samoa.

In connexion with this matter a correspondence took place in 1891 relative to the imposition of penalties under the tax laws in Samoa, and to the steps to be taken against vessels landing goods which had not been entered and passed by the Customs at Apia. These papers also appear to call for special notice.

Inquiry has been made of the German and United States Governments as to what action, if any, they propose to take for the purpose of making the Ordinance now in question obligatory upon their respective nationals, and you will observe by the annexed despatch from Her Majesty's Ambassador at Berlin that the opinion of the former is opposed to the Ordinance both on the ground of its unsatisfactory character, and because it rests on the assumption that customs dues can be administered by the Samoan Government, which assumption is held by the German Government to be an erroneous one. The reply of the United States Government has not yet been received.

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I am to request that you will take the papers transmitted herewith into your consi- deration, and that you will favour Lord Rosebery with your opinion as to the answer which should be returned to Baron von Pilsach's letter, having regard to the views expressed by your predecessors on the 28th July last, relative to the apportionment of the import and export duties in Samoa leviable under the provisions of Article VI. of the Final Act of the Berlin Conference on Samoan affairs.

His Lordship would also be glad to be favoured with any general observations that you may have to offer on the case.

I am, &c. (Signed)

P. W. CURRIE.

REPORT.

We have considered the letter of Sir P. W. Currie (annexed to this Report) and the matters therein referred to, and beg to report as follows:-

1. We are of opinion, having regard to the views expressed by our predecessors on the 28th July last, that the objection taken by the German Government, to the effect that the proposed Ordinance proceeds, upon the basis of the decision of the Chief Justice, which cannot be accepted as valid, affords a sufficient reason for declining in the present state of things to make the Ordinance binding upon the British subjects. The letter of Baron von Pilsach ought, therefore, in our opinion, to be answered in that sense.

2. As to the other points arising upon the papers submitted for our consideration, it would seem that the provisions of Article VI., section 39, of the Final Act with reference to the appropriation of the revenues paid into the Treasury require amendment, with a view to a clearer and more equitable division as between the

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