Evening star., 1899-04-14

It is emphatically asserted at the State
Department that no amendment has ever
been adopted by England, Germany and
the United States to the Berlin agreement
OF 1859 as to the government of Samoa
There has been no counter assertion upon
official authority in behalf of the German
contention that the action of the English
and American naval commanders in en-
forcing Chief Justice Chambers decision
in favor of Malietoa Tanu king was un-
warranted. Let the text of the Berlin
agreement on the point of the choice of a
king when the natives disagree be stated:
Section Gin case any question shall
hereafter arise in Samoa respecting the
rightful election or appointment of king or
of 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 exercise of his office,
such question shall not lead to war, but
shall be presented for decision to the chief
justice of Samoa, who shall decide 1t IN
writing. conformably to the provisions of
this act and to the laws and customs OF
Samoa not in conflict Herewith; and the
Signatory Governments will accept and
abide by such decision"
1t is impossible to conceive that the
final clause of this provision does not
carry with IL a pledge on the part of the
governments to enforce such decision as
well as to accept and abide by it Other
wise it is obvious that the function of the
chief justice would be merely nominal and
his decision useless. for the purpose of the
section is TO prevent war among the ma
tives. Chief Justice Chambers held that
Mataafa was ineligible to the kngShip IN
view of his deposition from the throne and
his expulsion from the islands. His record
was bad. he had been repudiated by Ger
i grr1
in this emergency had been elected king by
a faction of his traditional followers.
There was plausible ground, within the
provisions of the act and the laws and
customs of Samoa" for his rejection by the
chief Justice in the exercise of his discre-
tion. There was the same justification OF
the selection of Malietoa Tanu, son of the
dead king. and the choice of another fac
ton of the people.
The sixth section of the agreement pro-
yides no means of scrutinizing the decision
of the chief justice, even if his judgment
was not the best. The whole matter is en-
trusted to him on the assumption that he
will conscientiOusly and properly perform
his duty. Under these circumstances il is
impossible to reconcile with the spirit and
plain intent of the solemn compact of the
powers the action of the German consul
anu PESStlCLll Ol lIlS LluI4Gipti COuliCAl III
their effort to overrue the decision and
their establishment of a provision govern
meDt under Mataafa. These matters must
be borne in mind in reviewing the events
which have flowed from the original dis
pute over the hngship. The action of the
American and British commanders in seek
ing to enforce the decision thus lawfully
rendered, the command to Mataafa to dis
perse his forces and dissolve his provisional
government, the counter proclamation by
Consul Rose resulting in warfare with the
natives. and finally the massacre in ambush
of American and British sailors under cir
cumstances strongly suggesting German
treachery. all have resulted from the first
infraction of the Berlin agreement by the
German representatives.
Fortunately the organization of the joint
high commission is now proceeding smooth
" and it is believed that this body Will
sail for Samoa in about ten days. Eng
land is anxious to provide against future
hitches in the program. and it may be
that the slight delay has after all been for
the best interests OF the three governments.