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PUBLIC RECORD OFFICE

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8855 PUBLIC RECORD OFFICE, LONDON

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(2.) That British interests have been retarded by the disability of British subjects to procure Polynesian labourers, and to sell alcoholic liquors, arms, and ammunition to natives.

183. There is much truth at all events in the last statements. For reasons which need not here be entered into, Her Majesty's Government has not favoured the intro- duction of Pacific Islanders to act as agricultural labourers in places not within Her Majesty's jurisdiction. The lands of British subjects therefore lie almost wholly un- cultivated.

184. The Government of Germany on the other hand gives its sanction to such immigration, and has lately brought under its influence certain large and populous islands for the sake, as it would appear, of among other things conserving the Samoan plantations which otherwise might fall into neglect or ruin.

185. The affirmation in respect of alcohol, arms, and ammunition is also substantially

correct.

186. The High Commissioner for the Western Pacific has, by regulation issued under the provisions of the Western Pacific Orders in Council, made it a penal offence to sell or give such articles to natives, and there can be no doubt of the humanity and sound wisdom of such regulations.

187. But other traders, Germans especially, sell arnis and ammunition freely, and thus enjoy an immense advantage over British subjects.

188. It is necessary before concluding this report upon the condition of Samoa to advert to the neutral territory and Municipal Board of Apia.

189. The circumstances under which a neutral region round about Apia was defined have been previously described.

190. The nature of the Board constituting the local authority at Apia, the regulations it has passed, and the revenue it collects and disburses, will be seen upon reference to the annexed papers. Enclosures 17 and 18.

191. The German Commissioner expressed a strong opinion that the municipal scheme had been a failure, that its jurisdiction frequently came in contact with the jurisdiction of the German Consular Court, and that it could not continue without inconvenience soon arising.

192. This view was not shared by the American Commissioner or myself.

193. Not only do the majority of Europeans in Samoa regard the Municipal Board with favour, but I found that Mgr. Lamaze, the Roman Catholic Bishop of this part of Oceania, considered that it had conferred great advantages upon the community. The same opinion was expressed by the head of the London Missionary Society.

194. I observe also that Consul-General Stuebel, in his correspondence with the King, Malietoa, refers to the benefits conferred by this body.

195.. Some of the regulations passed are, as might be expected, of an exceptional character. Thus the "offence of burglary or housebreaking" is made punishable by fine or imprisonment, rauging from 810 to $200, and 12 to 180 days, respectively,

196. No doubt the framers of the regulation had native Samoans in view, to whom the immediate and strict application of European laws might have been unfair. But the expression " any person," with which Regulation 76 begins, makes the law applicable to those who are not natives, and who may regard burglary at a cost of $10 a cheap and profitable amusement.

197. It is not improbable that a few of the regulations made by the Municipal Board are, as regards the Convention of the 2nd September 1879, “ultra vires.”

198. Consul Zembsch, writing to Sir Arthur Gordon, observes: "details of the Municipality we had to regulate a good many things which are not "In organising the provided for in the Convention. The Convention can only be the basis on which to "construct the whole Municipality."

199. Another great objection taken by Germans to the Municipal Board is, that the three magistrates hitherto appointed have been Englishmen, whereas, it is argued, the predominating interests of Germans in Apia demand that the post should be filled by a German subject.

200. It seems to me that the qualifications of a magistrate are competency and honesty, irrespective of nationality.

201. And, I may observe, that the two first appointed magistrates were German nominees, placed in office contrary to the wishes of the British Consul.

202. This objection therefore has not much to support it.

203. The present incumbent of the office is a British subject, named Maben, who appears a not unfit person. Mr. Maben is by profession a land surveyor, and was formerly a resident of New Zealand. It appears from his statement that he has been

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in the habit of writing an occasional private letter upon Samoan affairs to a member of the New Zealand Cabinet.

204. In one of these letters, referring to political matters. he wrote that it was difficult to put faith in the statements of Germans as "they are such liars.'

205. This private letter having been sent by the Minister in question to the New Zealand press for publication, the German community at Samoa were natur lly indignant at the use, even though privately intended, of such unwarrantable language, and now insist upon Mr. Muben's retirement from the magistracy.

206. His retirement has been agreed to, and in all probability a German subject will shortly be nominated for the post without any opposition from at least the British Consul.

207. I could not ascertain that any action by a British subject in his judicial capacity had hitherto operated, or was ever alleged to have operated, to the disadvantage of the rights of

any German subject.

Remedies against future Disorders.

208. Upon this most important subject the Commissioners could come to no common agreement or recommendation.

209. Like myself, the American Commissioner conceived that an earnest attempt to establish the present Native Government upon an improved footing was at least worthy of trial.

210. The German Commissioner had no hope for any such attempt, and, while not refusing to informally discuss any proposals having this object in view, he evidently inclines to the conviction that a solution of the difficulty could only be found in the assumption of the Government of the islands by one of the Powers in the name and on behalf of the Samoan Sovereign, and, further, that the lower assuming such control should be Germany.

211. This subject not harmonising with my instructions, I felt unable to regard it as within the field of discussion;. a view that was shared by the American Commissioner.

212. I deem it right to state that, having invited the opinion of the Roman Catholic Bishop, the Resident Representative of the Protestant Mission, and other authorities upon native character, I found them unanimous in the opinion that no Native Govern- ment was possible if unaided by Europeans holding the most responsible posts, and barely possible even then.

213. Having no previous experience in such affairs, the American Commissioner felt an insuperable difficulty in formulating any scheme of Native Government, but after receiving explanation on the subject, he concurred with me in thinking that a Govern- ment such as that in force among the native communities in Fiji could be made applicable to a purely Native Government in Samoa.

214. After careful observation and consideration upon the spot, it does not, however, appear to me that with the exception of questions of police and good order, such as night be dealt with in a court of summary jurisdiction, the interests and affairs of Europeans could as yet be entrusted to a Native Government.

215. The first step towards the attainment of a good and stable Native Government, necessitates that the natives be taught to rule themselves and coalesce in all matters concerning their common weal, as natives have been, and still are, taught in Fiji.

216. With this object I would recommend that a Government be formed consisting of the King and two Councils, and that, with the exception of its nominee European members such Councils be constituted upon the elective principle.

217. The higher body might be called the King's Council or "Taimus," and the lower one the Legislative Assembly or "Faipule."

218. The outline schemes annexed (Enclosure 19) accord, I believe, with the instincts

of the people and with the attempts made in 1875-6.

219. The Municipal Board for the governance of Apia could I consider be enlarged and re-modelled with advantage.

220. The magistrate might have jurisdiction over all persons in civil and criminal matters to the extent conferred upon stipendiary magistrates in the Colony of Fij!. He might be aided by assessors in certain cases.

221. A sketch of such Board remodelled is annexed (enclosure 19).

222. In respect of criminal matters not coming within the category of minor offences, and in all civil matters wherein the sum of money or subject-matter of the action E e 4