britannien. Nr. 12077. fifteen year extension is withdrawn, but should the above be agreed to, it is Grofs- understood that Government undertake to take over factory at expiration of 14. März 1899. present contract at a price to be mutually agreed, or failing that, by arbitration. Company retain right to claim preference should Government release or sell factories. Clause respecting importation of explosives by Government is omitted. (Greene.) Nr. 12078. 15. März1899. Nr. 12078. GROSSBRITANNIEN. -- Derselbe an Denselben. Ab lehnung des Vorschlags. March 15, 1899. Telegram. || Debate on amended proposal of Dynamite Company was concluded yesterday, when Raad resolved, by 15 to 13 votes, to reject offer, and britannien. referred matter back to the Government with instructions to act in strict accordance with the resolution of Raad of November, 1897. A proposal made by member for Johannesburg for production of the other legal opinions referred to in State Attorney's recent report was defeated. Nr. 12079. Grofsbritannien. Nr. 12079. GROSSBRITANNIEN. (Greene.) · Der Kolonialminister an den Oberkommissar in Kapstadt. Die brit. Regierung erkennt die Argumente von Reitz nicht an. Downing Street, April 21, 1899. Sir, I have the honour to acknowledge the receipt of your despatch of the 15th ult., transmitting a copy of the reply of the Government of the 21.Apr. 1899. South African Republic to the representations made in my despatch of the 13th of January, on the subject of the Dynamite Monopoly. || I do not find Thätigkeit der Untersuchungskommission Nr. 12080. GROSSBRITANNIEN. Der Minister des Auswär tigen an Mr. Eliot. Unterrichtet ihn über die Vor- Foreign Office, April 13, 1899. Grofs Sir, The events which have recently occurred in the Samoan Islands Nr. 12080. have engaged the serious attention of Her Majesty's Government, and have britannien. formed the subject of communications with the Governments of Germany and 13.Apr. 1899. the United States, the Powers who, with Great Britain, were parties to the Final Act on the affairs of Samoa, signed at Berlin on the 14th June, 1889. Malietoa Laupepa, who had been King of Samoa since 1889, died on the 22nd August last. He was specially selected for the office by the Plenipotentiaries at Berlin, as explained in the 1st Article of the Final Act, with a view to the prompt restoration of peace and good order in the islands, and in view of the difficulties which would have surrounded an election in the disordered state of the Government which then existed. || As a general principle, however, the Act declared that the three Powers recognized the independence of the Samoan Government, and the free right of the natives to elect their Chief or King, and choose their form of government according to their own laws and customs. Further, by Article 3, section 6, it was provided that in case any question should arise in Samoa, respecting the rightful election 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 might claim in the exercise of his office, such question should not lead to war, but should be presented for decision to the Chief Justice of Samoa, who should decide it in writing, conformably to the provisions of the Act, and to the laws and customs of Samoa not in conflict therewith, and that the Signatory Governments would accept and abide by such decision. || After the death of *) Blaubuch C. 9506. Vgl. Nr. 11945-47, 12068-70 und Europäischer Geschichtskalender Jhrgg. 1899, Übersicht. Red. Grofs Nr. 12080. Malietoa an exchange of views took place between the Powers, and it was britannien, agreed that there should be no interference with the right of the Samoans 13. Apr. 1899. to elect a King, and that the election should proceed strictly in accordance with the provisions of the Final Act. || Some time elapsed before any action was taken, pending the completion of certain ceremonial usages customary in Samoa on the death of a High Chief. | Meanwhile, the natives from the various islands assembled in the neighbourhood of Apia, the capital. || As soon as the funeral ceremonies were at an end, deliberation and discussion among the Chiefs ensued. There were in the first instance several candidates for the succession. Their number was eventually reduced to two: || 1. Malietoa Tanu, the son of the late King. || 2. The High Chief Mataafa. || This Chief had been in rebellion against Malietoa Laupepa, but had suffered defeat, and with other Chiefs had been deported, by agreement between the three Powers, to the Marshall Islands. On the recommendation of the Consular officers at Apia, the Powers, in July 1898, consented to his return, the condition being his signature of a Protocol in the following terms, "I, Mataafa, now held at the Island of Jaluit, do solemnly promise, agree, and declare: That if I am permitted to return to Apia, Samoa, and there remain, I will at all times be and remain loyal to the Government of Samoa as established under the Berlin Final Act as concluded on the 14th June, 1889, and the Government as heretofore existing under King Malietoa Laupepa, and to the successor of the said King Malietoa, when chosen; that I will remain at Mulinuu, the present seat of the Samoan Government and will not depart therefrom without the written consent of the Consuls of the three Treaty Powers; that I will not encourage or participate in any hostile action against the Government, nor will I permit my relatives or adherents to engage in any hostile action against the Government, and that I will to the best of my ability uphold, aid, and support the Government as now established under the Treaty, and that I will use my influence to promote the peace of Samoa, and to strengthen the loyalty of the people towards the Government; and I agree that my return to Samoa and continued residence there shall depend upon my faithful performance of the conditions above named, and the wilful disregard of the conditions above named shall be sufficient cause for my removal from Samoa, or for other punishment." On the 19th September, Mataafa and the other exiled Chiefs landed in Samoa. It does not appear that he took any overt steps to claim the vacant throne, but a section of the natives pronounced in his favour and announced on the 12th November to the Consuls and to the Chief Justice that he had been duly elected King. || On the 13th November the opposing faction declared that the real election of a King had not taken place, and on the following day announced that their choice had fallen upon Malietoa Tanu.|| Both parties appealed to Mr. Chambers, the Chief Justice, who considered himself then in a position to take cognisance of the matter, according to the Grofs provisions of the Final Act, a question having arisen "in Samoa respecting Nr. 12080. the rightful election or appointment of King." || Communications with the Chiefs britannien. on either side occasioned some further delay, and it was not until the 13.Apr. 1899. 19th December that the investigation was opened. Both candidates were represented by European Counsel, and witnesses on either side were exhaustively examined-in-chief and cross-examined. Oral argument followed, each party being permitted all the time requested by them. || On the last day but one of the trial a copy of the Protocols and Final Act of the Berlin Conference was submitted in evidence for the purpose of proving that Mataafa was excluded from the Kingship as long as the Act was in force and unchanged. This contention was based on the statement made by Count Bismarck, at the fifth sitting of the Conference, that, while accepting the principle that the Samoans should have the right of freely electing their King, he was bound to make one exception, in the person of Mataafa, on account of the outrages committed by his people, and under his authority, upon dead and wounded German sailors lying on the field of action. || The outrages to which Count Bismarck made allusion occurred in December, 1888, during hostilities between two rival factions in Samoa. A detachment of marines from the Imperial ship "Olga," which had been landed to protect the German plantations, was on that occasion attacked and more than fifty officers and men were killed and wounded. || The decision of the Chief Justice was given on the 31st December. Referring to the veto placed upon Mataafa, in 1889, he stated: "Had this question arisen in the first stages of the investigation, and it had been thought wise to make a decision thereon, much time and labour might have been saved, but it would not have been decided at any time before the conclusion of the case as originally outlined for the good reasons || 1. That the defeated contestant and his followers would have justly felt that they had not been permitted the investigation that they asked for, and which had been promised them by the Chief Justice; and || 2. Because the contest presented the first, possibly the last, and unquestionably the most favourable opportunity for a thorough inquiry and judicial ascertainment of the laws and customs of Samoa relating to the choice of a King. || No question or doubt as to the eligibility of Mataafa to the Kingship of Samoa had been entertained until after the beginning of this investigation, and it was not seriously considered until it formally arose during the last two days of the investigation." In conclusion, he declared: || "As the Judicial Officer, nominated by three Signatory Powers, agreed to and commissioned by the Government of Samoa, and thus designated by them all to decide this question and appealed to by contestants, I cannot throw off the obligation to obey the plain and emphatic declaration of the framers of the Treaty when they declare that one exception must be made amongst all the people of Samoa from eligibility britannien. Nr. 12080. to the Kingship. It is plainly stated by one of the Powers represented in Grofs- the Conference, as a condition precedent to its consent to the principle of 13.Apr. 1899. the election of a King, that there must be one exception. That exception is mentioned in the person of Mataafa. Reasons were given for making the exception which not only commended themselves to the other Plenipotentiaries and commanded their assent, but appealed to the highest instincts of universal humanity. As long as this condition remains in the Protocol, and until it is stricken out or altered by the same Powers that placed it there, a Judicial Officer, whose right to exercise the functions of his office depends upon the same Treaty and Protocols, cannot give any interpretation to Article I than that so manifestly and mandatorily stated in the Protocols of the fifth session of the Conference. It is therefore decided that Mataafa, because of his ineligibility, has not been rightfully elected or appointed King of Samoa conformably to the provisions of the Berlin Treaty; it is therefore unnecessary to discuss at this time whether there has been a compliance with the laws and customs of Samoa not in conflict therewith in connection with his alleged election. || It is furthermore decided that Malietoa Tanumafili, being the only candidate for the Kingship eligible thereto, whose election has been reported to the Chief Justice, and who is the contestant and claimant in this proceeding for the office, is elected King of Samoa, and this decision is made in writing conformably to the provisions of the Berlin Act, and to the laws and customs of Samoa not in conflict therewith." The adherents of Mataafa refused to accept the decision of the Chief Justice, and a serious conflict, involving loss of life, occurred. The followers of Malietoa Tanu were defeated, a large number sought the protection of Her Majesty's ship "Porpoise" which together with the Imperial German vessel of war "Falke” was, and has been for some time previously, lying in the harbour of Apia. Malietoa Tanu himself, Tamasese his principal supporter, and Mr. Chambers, the Chief Justice, were granted asylum on board Her Majesty's ship. Much destruction and pillage of native property is reported to have taken place and some damage to the property of Europeans also occurred. Repeated conferences were held between the Consuls of the three Powers, the Naval Commanders, the Chief Justice, and the President of the Municipal Council of Apia. || On the 4th January it was decided to establish a Provisional Government, and the following Proclamation was issued: "Owing to the events of the last days, and to the urgent necessity to establish a strong Provisional Government of Samoa, we, the undersigned Consular Representatives of the three Treaty Powers, declare as follows 1. The Mataafa party, represented by the High Chief Mataafa and the following thirteen Chiefs: Lemana, Morfaano, Lanaki, Toelupe, Molioo, Fue, Laufa, Antagavaia, Asiata, Leiatana, Tufuga, Leiato, and Suatele, who lately acted on behalf of said party, and who are now in de facto possession of the Samoan Government, are recognized to be the Provisional Government of |