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PUBLIC RECORD OFFICE

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5 PUBLIC RECORD OFFICE, LONDON

MY LORD,

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Enclosure 3.

[See paragraph 31 of Report.]

SIR E. THORNTON to the EARL of DERBY. (Received March 9.)

Washington, February 25, 1878. I HAVE the honour to transmit herewith three copies of the Treaty recently concluded between the Unites States and Samoa, as officially published by the Depart- ment of State.

Your Lordship will perceive that the error which I pointed out in Article III., with regard to tonnage duty, still remains there. Mr. Evarts has informed me that it means

a tonnage duty of" one half of one per cent. per ton actual measurement."

I have, &c., (Signed)

EDWD. THORNTON.

A TREATY between the UNITED STATES OF AMERICA and the Goverument of the SAMOAN ISLANDS.

Concluded, January 17th, 1878. Proclaimed, February 13th, 1878.

TREATY between the UNITED STATES OF AMERICA and the GOVERNMENT of the SAMOAN ISLANDS.

Friendship and Commerce.

Concluded, January 17th, 1878.

Ratification advised by Senate with amendments, January 30th, 1878.

Ratified by President, February 8th, 1878.

Ratified by the Samoan Envoy, February 11th, 1878.

Ratifications exchanged at Washington, February 11th, 1878.

Proclaimed, February 13th, 1878.

By the PRESIDENT of the UNITED STATES of AMERICA. A Proclamation.

Whereas a Treaty of Friendship and Commerce between the United States and the Government of the Samoan Islands was concluded and signed by their respective Plenipotentiaries at the City of Washington, on the 17th day of January, in the year of Our Lord 1878, which treaty, after having been amended and ratified by the contracting parties, is word for word as follows:

The Government of the United States of America and the Government of the Samoan Islands, being desirous of concluding a Treaty of Friendship and Commerce, the President of the United States has, for this purpose, conferred full powers upon William M. Evarts, Secretary of State; and the Government of the Samoan Islands bas conferred like powers upon M. K. Le Mamea, its Envoy Extraordinary to the United States. And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon the following articles :-

ARTICLE I.

There shall be perpetual peace and friendship between the Government of the United States and the Government of the Samoan Islands.

ARTICLE II.

Naval vessels of the United States shall have the privilege of entering and using the port of Pagopago, and establishing therein and on the shores thereof, a station for coal and other naval supplies for their naval and commercial marine, and the Samoan Government will hereafter neither exercise nor authorise any jurisdiction within said

185

The same

port adverse to such rights of the United States, or restrictive thereof. vessels shall also have the privilege of entering other ports of the Samoan Islands. The citizens of the United States shall likewise have free liberty to enter the same ports with their ships and cargoes of whatsoever kind, and to sell the same to any of the inhabitants of those islands. All such traffic, in whatever articles of trade or barter, shall be free, except that the trade in fire-arms and munitions of war in the islands shall be subject to regulations by that Government;

ARTICLE III.

No import or export duty shall be charged on the cargoes of the vessels of the United States entering or clearing from the ports of the Samoan Islands, and no other than a tonnage duty of one half of one per cent. per ton actual measurement, shall be· charged on the entrance of such vessels.

ARTICLE IV.

All disputes between citizens of the United States in the Samoan Islands, whether relating to civil matters, or to offences or crimes, shall be heard and determined by the Consul of the United States at Apia, Samoa, under such regulations and limitations as the United States may provide; and all disputes between citizens of the United States and the people of those islands shall be heard by that Consul, in conjunction with such officer of the Samoan Government as may be designated for that purpose. Crimes and offences, in cases where citizens of the United States may be convicted, shall be punished according to the laws of their country; and in cases where the people of the Samoan Islands may be convicted, they shall be punished pursuant to Samoan laws, and by the authorities of that country.

ARTICLE V.

If, unhappily, any differences should have arisen, or shall hereafter arise, between the Samoan Government and any other Government in amity with the United States, the Government of the latter will employ its good offices for the purpose of adjusting those differences upon a satisfactory and solid foundation.

ARTICLE VI.

The Government of Samoa agrees to allow to the Government and citizens of the United States free and equal participation in any privileges that may have been or may hereafter be granted to the Government, citizens, or subjects of any other nation.

ARTICLE VII.

The present treaty shall remain in force for 10 years from its date. If neither party shall have given to the other six months' previous notice of his intention then to terminate the same, it shall further remain in force until the end of 12 months after either party shall have given notice to the other of such intention.

ARTICLE VIII.

The present treaty shall be ratified and the ratifications exchanged as soon as possible. In faith whereof the Plenipotentiaries have signed and sealed this treaty at Washington, the 17th day of January 1878.

(L.S.) (L.B.)

WILLIAM MAxwell EvartTS. MK. LE MAMEA.

And whereas the said treaty as amended has been duly ratified on both parts, and the respective ratifications of the same were exchanged in the city of Washington on the 11th day of February 1878;

Now, therefore, be it known that I, Rutherford B. Hayes, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good

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:rictive thereof. The same 'ts of the Samoan Islands. liberty to enter the same o sell the same to any of atever articles of trade or

I munitions of war in the

oes of the vessels of the oan Islands, and no other ual measurement, shall be

PUBLIC RECORD OFFICE

لسياسيا

e Samoan Islands, whether heard and determined by egulations and limitations en citizens of the United at Consul, in conjunction gnated for that purpose. States may be convicted, and in cases where the be punished pursuant to

eafter arise, between the the United States, the rpose of adjusting those

nent and citizens of the

s that may have been

r subjects of any other

Reference :-

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date.

If neither party

his intention then to

nd of 12 months after

1.

8855 PUBLIC RECORD OFFICE, LONDON

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ged as soon as possible.

treaty at Washington,

MAXWELL EVARTS. MAMEA.

on both parts, and the of Washington on the

'esident of the United

, to the end that the

d fulfilled with good