The sun., 1890-01-22
Samoan Independence e"-Government
by Chief Justice.


The main point in the proposed Samoan
treaty. as published by the Herald is the
erection Of an Office invested with extra
ordinary powers, the occupant Of which is
TO be known as the Chief Justice of Samoa.
1t does not make much difference whether
this parsonage Is called Chief Justice, or
Dictator, or Power Behind the Throne, or
King Of Kings, or Boss. Any one of these
titles would describe his potency in the man.
agement Of the affairs Of people for whom
It has been the policy Of the United States
TO preserve autonomy and absolute inde-
pendence Of European control
The treaty now before the Senate for rati-
fication declares that the islands OF Samoa
"are neutral territory" 1t recognizes 1.-The
independence of the Samoan Government
and the free right Of the natives to elect
their King or chief, and choose their form of
government according to their own laws and
customs" It declares that neither Of the
Powers shall exercise any separate control
over the islands or the Government thereof"
That is all very pretty and very proper, so
far as the words 60. But how does the treaty
propose 10 carry out this unexceptionable
scheme OF non-interference and neutrality
By establishing In the islands, over the
head OF tho Samoan King, Supreme Court,
consisting Of one Judge, to be styled the
Chief Justice. and by defining for the Chief
Justice jurisdiction which practically makes
BIN an autocrati
Upon all questions within his jurisdiction
the decision OF the Chief Justice Is to be
final. His jurisdiction extends to "all ques-
tons arising under the provisions Of this
general act;" that is to say to the final in
depreciation Of the treaty itself. He makes
the King, In any case of dispute. He defines
and limits the power of the King. "In case
any question ahall arise hereafter" says the
treaty respecting the rightful appoint
ment and election Of Kings, or any other
chief claiming authority over the islands, or
respecting the validity of the powers which
the King or any chief may claim in the ex-
ercise of his Office such question shall not
lead to war but shall be presented for de-
cision to the Chief Justice and the
signatory Governments will accept and
abide by such decision"
That is not all. The Chief Justice is not |
only to be the maker and the boss Of the '1nde- |
pendent" Government which the treaty pro-
fesses to bostow upon our friends the Samo- |
ans, but he is constituted the arbitrator be- |
tween the signatory Powers themselves, and |
the Powers are pledged to accept his judg-
ment. "In case" continues the treaty, "any |
difference shall arise between either OF the |
treaty Powers, which they shall fail to adjust
bymutual 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"
So this remarkable functionary would not
only be In his single person the maker Of the
King, and the restricter OF the Kings author
ity, and the Interpreter OF the treaty, and
the recommender Of laws, and the sole judge
in "all civil suits concerning real property
situate In Samoa" and the final authority
above "all municipal magistrates and OFF,
oerS." and the regulator OF differences be-
tween the Consuls at Apia but he would also
sit as Judge and listen to the pleas Of Eng
land, Germany and the United States OF
America in cases where the interests OF those
great Powers were at variance! Would there
DO anywhere on earth bigger man than the
Chief Justice OF Samoan
1t strikes us that the spendor OF the tri-
umph won at Berlin by American diplomacy
over the audacous designs Of Prince Bis
MARcK's colonial policy can be appreciated
best when 1t 10 known who is to be Chief
Justice OF Samoa, and what national inter-
ests he represents as the uncrowned mon
arch Of the isles.
Hisquallhcatons are defined by the treaty.
He must be Learned In law and equity, of
mature years, and Of good repute for his
sense Of honor. impartiality, and justice"
But how Is the Chief Justice to be appointed;
and. once appointed. how far has any one of
the signatorv Powers. the United States, for
example, any control or check over his sense
Of honor, impartiality, and justice in the OK
ercise OF tho duties OF an Office which, as
defined. amounts almost to omnipotence
Itself
The Chief Justice shall be named by the
three Powers in common accord; or, failing
In their agreement, he may be named by Me