The record-union., 1899-07-31

cured. The Kingship depends on the
grant of certain titles by certain dis
tricts. They are in the gift not of the
whole population, but of small bodies
of electors, who owe their position to
their rank. Even among the electors
the principle that the majority of the
vote bestows the title is not accepted,
and the gist of all the laws and Gus
toms of Samoa is that there is moth
ing to prevent two candidates rom
being duly elected King at the same
time
Formerly the claims of such rivals
were decided by force of arms, but the
trainers of the Act of Berlin, who evil
IDENTIFY thoroughly understood Samoan
custom and practice in this matter, laid
down that questions respecting the
rightful appointment of King shall not
lead to war, but shall be presented for
decision to the Chief Justice of Samoa
Recent experience has unhappily
proved that an attempt to settle the
question in this way also leads to war,
and we are therefore strongly of opin-
ion that the only chance of preventing
such dissensiOns in the future is to
abolish the office which provokes them.
I'm the place of the Kingship we pro-
pose to create system of native gov
eminent analogous to that which works
successfully in Fiji. The islands will
be divided into certain administrative
districts corresponding as nearly as
possible with those recognized by Sa-
moan usage, for each of which a chief
will be responsible, and these chiefs will
meet annually at Apia in a native coun-
Gil to discuss such matters as interest
them and make recommendation to the
administrator and council. Native
courts will be allowed to punish minor
crimes according to native law and GUS
toms, and every provision has been
made to secure to the Samoan popua-
ton complete independence and self
government. We fear, however, that
the same causes which produced rival
Kings will long continue to produce
rival chiefs who will claim the post of
provincial Governor and create con,
tinual dissension.
Perhaps the evils which it is least
easy to cure are the second class, those
which arise from the rivalry and mu-
tual hostility of the different nationali-
ties. This hostility permeates all de-
partments of life. The traders on one
side combine against those on the other.
The Municipal Council is divided into
two parties, each determined to support
its own program and defeat the other.
Proposed reforms and methods are
judged not on their merits, but by party
considerations, and officials, however
impartial they may wish to be, are con-
sidered to belong to one side or the
other, according to their nationality,
and inevitably end by becoming more
or less partisans. From the very COM
mencement of the late contest for the
Kingship it was no mere native quarrel
between Mataafa and Tanu. On the
one side were ranged one foreign ma
tionality and it's officials, and one the
other side two other nationalities with
their officials. and the contest was pro-
svnged and not afiowed to reach its nat
ural termination.
I'VE do not think it will ever be pos
sible to do away with this state of
things under a tripartite administra-
ton, and we take this opportunity of
recording our opinion that the only
natural and normal plan of government
for these islands and the only system
which can assure permanent prosper
ity and tranquility is a government by
one power. We regard it, however, as
beyond our province to make any but
a general statement on such a subject
and we have endeavored to amend ex-
listing arrangements in such a manner
that they may prove, if not entirely
satisfactory, at least workable.
I'VE propose to introduce an element
of nd loo int
government by the appointment of an
administrator who will doubtless be
chosen from some disinterested power.
He will be assisted by council of
delegates from the three governments,
who might exercise such consular func-
lions as are necessary in Samoa We
propose TO give this administrator a
large measure of authority, whicH. if
exercised by just and capable man,
should enable him to put an end to
many disputes.
We propose that the administrator
and the three delegates should form a
legislative council and we have intro
duced into the Act several clauses Civ
ing them power to modify existing or
dinances. We are of opinion that the
original Act of Berlin was drafted and
has been construed in too rigid a man
ner, and that greater elasticity in it's
provisions would have a beneficial eff
feet. We have, therefore, enlpow cred
the council to make such alterations
as it may think fit in the boundaries
of districts, the details of native gov
eminent and other matters enumerated
in the proposed Act.
Thirdly, we hope to create greater
harmony among the white residents by
abolishing consular jurisdiction. We
believe that in other parts of the world
such jurisdiction prevails only where
the laws of a country are for religious
or other reasons not suitable for appli-
cation to foreigners. But the Chief
Justice of Samoa is an American or
European, and administers American
or European law. 1t would appear,
therefore, that there is no reason why
he should not take cognizance of all
suits brought against foreigners, nor
why foreigners should enjoy privileges
of extra territoriality, except that of
not being amenable to the jurisdiction
| of native courts, which will deal only
with such matters as are decided ac-
cording to native custom. Hitherto
=
erful means of embittering internatio. al
strife in Apia. Each nationality has
had it's own law. and the Consul who
administered that law was popularity
regarded not as an impartial Judge. but
as the protector of his own nationality.
I'VE believe that by abolishing this
outward sign of separate national in
situations. and by submitting all ma
e. .,,l
great advantage will be made in the