Evening star., 1899-04-10
THE TREATY OF BERLIN
Agreement for the Government Of the
Samoan Islands.
Details of Especial Interest in View
of the Recent Deposition
of Mataafa.

The Berlin agreement of 1889 between
Germany, Great Britain and the United
States, providing for the government of
Samoa, was the result of the blocking by
the United States of Prince Bismarcks ef-
forts at the annexation of the group. The
German chancellor had been steadfastly
working toward the absorption of Samoa by
Germany with what seemed to be the taCit
agreement of Great Britain. Late in 1SSS.
however. the United States interposed a pro-
test. and January 49, 1889, Prince Bis
marrk, sitter German blood had been shed
by Mataafas followers, proposed TO the
United States a renewal of the conference
which had been held in 1887 in this city,
which resulted in an agreemen to respect
the neutrality of Samoa The invitation of
the chancellor was accepted by Secretary
Bayard en- the condition that beligerent
action in the islands should meanwhile lie
suspended.
The new conference was assembled April
%, 1889. the Washington representatives
being John A Kasson, William Walter
Phelps and George H. Bates. Three Eng
lish and three German delegates were also
present. After some weeks OF discussion,
an agreement was signed, June H. and that
agreement, which is still in force, is the
one commonly and frequently referred to
as the Berlin treaty"
The first article declares the independence
ard neutrality of the islands, the equal
rights of citizens of the three signatory
powers and the right of the Sanioans to
elect their own king and choose their own
form of government, over which peiJner of
the powers shall exercise a separate con-
troll. The powers agreed to restore to the
kingship the deposed Malietoa Lautepa.
The second article nuliiliad all previous
DEGREES and agreements in conflict with the
latest one The third article provided for
the creation of supreme court, to consist
of single judge. to be named by the three
treaty powers, or, if they should fail to
agree, by the King of Norway aud Sweden.
He might be removed for cause a the Ie-
quest of the majority of the signatory pow
ers. To him was given Jurisdiction of all
questions arising under the treaty, includ-
ing any question arising among the Sa-
means respecting the election of kings or
chiefs, his decision TO he final He was also
to decide as to the differences between the
treaty powers which they might fail to ad-
Just by mutual accord. 1t was his func-
ton to recommend to the Samoan govern
ment laws for the punishment of crime
and the protection of good order and the
collection of taxes in Samoa outside of the
district of Apia- Other powers were given
to him of a strictly judicial nature. Suisse
quent articles related to purely domestic
matters.
The fifth article decreed that the tax
payers of the municipality of Apia should
elect SIX counSellorS, the president of the
SOunCn anu Cne1 executive OfnCer of the
municipality to be appointed by the three
powers, or, should they fail to agree on
any person, by the chief executive of SWe-
den. the Netherlands, Switzerland or Brazil.
He was authorized to act on the joint in
| structions of the three powers but not un-
| der separate instructions of one of them
and it was right to advise the Samoan king
| and his duty to give such advice when the
king might request it He was also given
various municipal functions. including the
| custody of the municipal revenues, being
| accountable to the king and the council.
o. h W. Won Cedercrantz a Swedish jur-
! lst, was appointed chief justice, in conform
| ity with the agreement and Baron Senfft
Won Pilsach, a German, was made presi-
dent of the municipal council. Under these
| officials Samoa, including the municipality
OF Apla, was reduced almost to bankruptcy.
There was constant friction between them
and the islands degenerated into state
approaching anarchy. No one would pay
taxes. The natives complained that the
! sole reason for the collection of public reve-
/ nueS was to enable the chief justice and
| the municipal president to draw their salar-
| les of $1,000 and $1,000 annually each re-
Spectvelys The only newspaper in Samoa
published attacks on these officials doubt
| less magnifying their errors and msdeeds,
and Baron Won Pilsach finally, to quiet the
| criticism, purchased the newspaper secret
| ~, using Tor this purpose some of the pub
! lie funds remaining in the treasury. Early
| in 1888 both Baron Won Pilsach and Judge
| Won CedercrantZ. realizing that their at
| al government was a 1atl0re, wanted
to resign. The powers then were forced 20
deliberate to their Successors, and Ma
| taafas followers took advantage of the
! sad condition OF affairs to become more
arrogant toward the Malietoa government.
| Fighting occurred in the middle of the year
and Mataafa succeeded in marching a force
| triumphantly into Apia- The warships of
| the powers, however, intervened and took
Mataafa prisoner. After a consultation of
| the consuls and naval commanders. he was
| deported with ten of his chiefs to the Mar
! shall Island. The judge and president of
| the council were relieved from duty Henry
| Ide of Vermont, in September. 1893, being
| appointed chief Justice and a German
| named Schmidt, who had been vice consul
| on the islands, was given Won Pisach's po-
! sition. Since then Chief Justice ide has
| been succeeded by Mr.. Chambers and Presi-
! dent Schmidt by Herr Rose. The last-na med
official is about to be succeeded by DR.. Solf,
| a German.
| Although the agreement of 1889 contained
| provision that its terms We're open to
| amendment i'll case they should he found
| imperative or impracticable, no radical
amendments arespublicly on record as hav-
! ing been made since that time. AS far as
| the text of the agreement is accessible. 1t
! appears that the powers of the chief justice
| in deciding disputes are absolute and are
| no tn r.a-if tintN hx-t h,