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APPENDIX XXVIII.

New Hebrides Land Claim Negotiations.

On February 12th 1901, the French Ambassador in conversation with Lord Lansdowne, suggested informally, that the Naval Commission might be empowered to dispose of questions relating to proprietary rights. At the same time, tho Colonial Office were writing to the Foreign Office urging the appointment of an International Commission, on the lines laid down in the Samoan Agreement, and on February 27th, Lord Lansdowne brought that suggestion before M. Cambon. On April 2nd, the latter told Lord Lansdowne that M. Delcasse objected to it on the ground that the Samoan Commission was merely consultative, the proceedings having been reported to a properly constituted Court; in the case of the New Hebrides, no such tribunal was available. His Excellency therefore thought it would be more convenient to extend On the 5th June the French Ambassador handed the powers of the Naval Commission.

to Lord Lansdowne an official proposal to that effect--against the British suggestion of a Special Commission; it was urged (in addition to tue legal objection that there was no properly constituted Court to which the Commission could report), that in the New Hebrides there would be great difficulty in finding a third arbitrator.

His Majesty's Government replied on the 26th June that Naval officers are not suitable for the investigation of land claims, which would involve a long and difficult inquiry; that the two objections of the French Government could easily be met, the first by making the decisions of the Commission final, and the second by one of the expedients usual in arbitrations, such as the appointment of the third arbitrator by some neutral Power, and that His Majesty's Government therefore adhered to the suggestion of a Special Commission consisting of trained lawyers.

On the 28th August the French Ambassador stated that the Minister of Marine was disposed to agree to a Special Commission, and asked for a formal proposal. A draft agreement was accordingly proposed, and handed to the French Ambassador on the 29th October. The agreement provided for a Special Commission of three members, one to be named by France, one by Great Britain, and one in common accord, or failing agreement, by some third party. The Commission was to investigate and decide all land claims by British subjects and French citizens, and to make provision for a complete registry of all valid titles.

On April 9th 1902, the French Ambassador told Lord Lansdowne that the French Government entertained objections to the proposal of His Majesty's Government, for 'They therefore proposed the reason (among others) that it would involve legislation.

that the Naval Commission should be empowered to deal with land disputes, and that for that purpose it should be strengthened by the addition of two lawyers, one chosen by France and one by England. The French proposal expressly stipulated that the validity of land titles should not be called in question if acquired more than three years before the opening of the investigation ("litige").

To this His Majesty's Government replied by a memorandum handed to the French Ambassador on the 19th June 1902, pointing out (1) that a Commission of Naval officers is not suited for the investigation of land titles; (2) that a British Naval officer is not, as a rule, a member of the Joint Commission for more than one season; he therefore has no chance of becoming really familiar with the questions involved. In these circumstances it would be unfair to place upon him the responsibility of deciding to uphold or reverse the opinions of his legal assistant, but if he is not prepared to do so, and to seek a compromise where the French and English lawyers differ, it would be impossible to reach a settlement; (3) that the labour of such an investigation, if thrown on the Naval Commission, would seriously interfere with the discharge of its proper duties; (4) that the Commission would always have to act jointly in such matters, which would be difficult to arrange as the French ship is only at the New Hebrides every alternate month during the season; (5) that in view of the occupation and sub-division of claims now proceeding, it is necessary to have the validity of titles determined once for all; and the Commission would be quite unable to cope with the vast amount of work thus thrown on it.

For these reasons His Majesty's Government adhered to their previous proposal; but they were willing to regard as valid without further investigation a claim asserted for three years by actual occupation (fencing, cultivation, &c.) without opposition or protest.

Colonial Office,

25th July 1902. -

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APPENDIX XXIX.

Memorandum by the Earl of Onslow.

I had an interview with Sir E. Barton and Mr. Seddon, to discuss the affairs of the Pacific Islands and their relation to the Commonwealth and New Zealand respectively. Mr. Seddon expressed the opinion that all islands in the Pacific over which Great Britain exercises a protectorate ought to be brought into still closer relations, and that in most cases it was desirable that they should be annexed either to the Commonwealth or New Zealand, and that some line of geographical demarcation might be agreed upon. In principle Sir E. Barton assented, but there was no discussion as to details. Sir E. Barton pointed out that the Commonwealth had (since the assumption of many responsibilities hitherto borne by the States) readily undertaken the administration of British New Guinea. He added that the responsibilities of the Commonwealth might before very long increase as to the Pacific Islands, and made it clear that he strongly objected to any such notion as the partition of the remaining islands between the Commonwealth and New Zealand. Such a policy, he considered, would be both unwise and unsafe.

Mr. Seddon expressed the opinion that the King of Tonga was in rapidly failing health, and that his government of the group was far from satisfactory. He said New Zealand was ready and anxious to incorporate Fiji within her boundaries, and to give the natives political advantages similar to those extended to the Maories in New Zealand and the Cook Islands. Even if it were thought premature to do this, he considered that an early opportunity should be taken of giving the white population a more direct interest in the administration of the Government, and he strongly urged that an inquiry should be made into the effect of the existing communal system on the well-being of the native population and their existence as a race.

Sir E. Barton agreed to both of the latter proposals, but he deprecated any interference at present with the continuance of the Crown Colony system of Govern- ment. He pointed out that the capital invested in sugar production in Fiji almost all belonged to residents in the Commonwealth, who were opposed to annexation to New Zealand.

I told them that the question of annexation was one which His Majesty's Govern- ment were willing to discuss, but that, as yet, there seemed to be no sufficient grounds for adopting any such course. There were three classes to be considered-the natives, the white residents, and the sugar plantera. No expression in favour of such annexation had been given by the first. and it was doubtful whether they could be really made to understand what such a change would mean to them, while anything in the nature of a political agitation among them was strongly to be deprecated. The bulk of the opinion of the white residents appeared to be averse to such a change, those petitioning in favour having a very small interest compared to that of the persons supporting the present system; while the sugar planters were unanimously against it.

As to inquiry into the present communal system and the condition of the natives, I told Sir E. Barton and Mr. Seddon that, so long as Fiji continued a Crown Colony, this was a matter of internal administration which concerned only the Imperial Government, but that representations such as those made by Mr. Seddon after a personal visit to the islands (and in view of the fact that nearly all the sugar produced by Fiji came to New Zealand) would, of course, engage the earnest consideration of His Majesty's Government.

I pointed out that a new Governor, Sir H. Jacksor, was on his way to Fiji, and I said that the Government would draw his attention to all the statements and opinions expressed by Mr. Seddon, and that he would be asked to report very fully upon the condition of the natives, and specially upon the points mentioned by Mr. Seddon. Mr. Seddon said he should ask the Colonial Conference to pass a resolution on the subject in the following terus:-

That inquiry should be made by His Majesty's Government into the conditions of the natives of Fiji as to whether any modification or extension of the present system of Government would be better adapted to the requirements of the island.'

11th August 1902.

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