A.—3.
Article 2 declares that in every case where the provisions of this Act shall be inconsistent with any provision of a previous treaty or treaties the provisions of this Act shall prevail. By Article 3 it is agreed that a Supreme Court shall be established in Samoa, to consist of one Judge, who shall be styled Chief Justice of Samoa, and who shall appoint a clerk and a marshal of the Court. With a view to" secure judicial independence and the equal consideration of the rights of all parties, irrespective of nationality, it is agreed that the Chief Justice shall be named by the three signatory Powers in common accord, or, failing their agreement, he may be named by the King of Sweden and Norway. He shall be learned in law and equity, of mature years, and of good renown for his sense of honour, impartiality, and justice. His decision upon questions,within his jurisdiction shall be final; he shall be appointed by the Samoan Government upon the certificate of his nomination as herein provided, and receive an annual salary of §6,000, but, on proper cause shown, he may be removed if in conflict with the Government, and the signatory Governments will accept and abide by such decision. In case any difference shall arise between either of the treaty Powers and Samoa which they shall fail to adjust by mutual accord, such difference shall not be held cause for war, but shall be referred, for adjustment on the principles of justice and equity, to the Chief Justice of Samoa, who shall make his decision thereon in writing. Upon the organization of tbe Supreme Court there shall be transferred to its exclusive jurisdiction —(1) all civil suits concerning real property situated in Samoa, and all rights affecting the same ; (2) all civil suits of any kind between natives and foreigners or between foreigners of different nationalities ; (3) all crimes and offences committed by natives against foreigners or committed by such foreigners as are not subject to any consular jurisdiction. In order that the native Samoans may keep their lands for cultivation by themselves and by their children after them, it is declared by Article 4 that all future alienation of lands in the islands of Samoa to the citizens or subjects of any foreign country, whether by sale, mortgage, or otherwise, shall be prohibited, subject to certain specified exceptions. In order to adjust and settle all claims by aliens of titles to land or any interest therein in the islands of Samoa, it is declared that a commission of inquiry shall be appointed, to consist of three impartial and competent persons, one to be named by each of three treaty Powers, to be assisted by an officer to be styled " Native's advocate," who shall be appointed by the chief Executive of Samoa, with the approval of the Chief Justice of Samoa. The labours of the commission, which are described in great detail, shall be closed in two years, and sooner if practicable. Article 5 is a declaration respecting the municipal district of Apia, providing a local administration therefor, and defining the jurisdiction of the municipal Magistrate. Article 6 deals with taxation and revenue in Samoa. The port of Apia shall be the port of entry for all dutiable goods arriving in the Samoan islands, and all foreign goods, wares, and merchandise landed on the islands shall be there entered for examination; but coal and naval stores, which either Government has by treaty reserved the right to land at any harbour stipulated for that purpose, are not dutiable when imported as authorised by such treaty, and may be there landed without such entry or examination. To enable the Samoan Government to obtain the necessary revenue for the maintenance of government and good order in the islands, certain specified duties, taxes, and charges may be levied and collected without prejudce to the right of the native Government to levy and collect other taxes in its discretion upon the natives of the islands and their property, and with the consent of the Consuls of the signatory Powers upon all property outside the municipal district, provided such tax shall bear uniformly upon the same class of property, whether owned by natives or foreigners. Article 7 deals with arms and ammunition and intoxicating liquors, restraining their sale and use. The importation into the islands of Samoa of arms and ammunition by the natives of Samoa, or by the citizens or subjects of any foreign country, shall be prohibited, except in certain specified cases. The sale of arms and ammunition by any foreigner to any native Samoan subject or other Pacific Islander resident in Samoa is also prohibited. Any arms or ammunition imported or sold in violation of these provisions shall be forfeited to the Government of Samoa. The Samoan Government retains the right to import suitable arms and ammunition to protect itself and maintain order; but all such arms and ammunition shall be entered at the Customs without payment of duty, and reported by the President of the Municipal Council to the Consuls of the three treaty Powers. No spirituous, vinous, or fermented liquors or intoxicating drinks whatever shall be sold, given, or offered to any native Samoan or South Sea Islander resident in Samoa, to be taken as a beverage, under adequate penalties, including imprisonment. The provisions of this Act shall continue in force until changed by consent of the three Powers upon the request of either Power. After three years from the signature hereof the Powers shall consider by common accord what ameliorations, if any, may be introduced into the provisions of this General Act. In the meantime, any special amendment may be adopted by the consent of the three Powers, with the adherence of Samoa.
[Extract from the Times, Friday, 24th January, 1890.j Washington, 23rd January. Samoa. —The protocols in connection with the Samoan treaty are published here to-day. The documents close with an expression of the esteem of the British and United States Commissioners for Count Herbert Bismarck on account of the efficient and fair manner in which he acted as President of the Conference in Berlin. At length the precise term% of the Samoan treaty have been revealed to the- world. The Conference at Berlin separated on the 14th June last year, and was then understood to have arrived at an amicable settlement of the SamoaQ question. For the secrecy which has been observed for the succeeding seven months we presumably have to thank the institutions of the United States. Every allowance has to be made far the susceptibilities of the Senate. Our own experience has shown that in a certain state of the political atmosphere that body will regard it as
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