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(Inclosure.)-Pro-memoriâ.

SECTION 1 of Article VIII of the Berlin General Act provides

that

"Upon the request of either Power after three years from the signature hereof, the Powers shall consider by common accord what ameliorations, if any, may be introduced into the provisions of this General Act. In the meantime, any special amendment may be adopted by the consent of the three Powers with the adherence of Samoa."

It is believed that some amendment of the Act, if only for explanatory purposes, is necessary. There are inherent ambiguities in its language; and the usual practical difficulties have arisen which naturally arise in the working of any new organization. These difficulties exist equally with respect to each of the instrumentalities created by the Treaty, such as the Court, the Municipality, and the Land Commission. Mention need only be made, for example, of the pending unsettled questions with respect to the division of the customs revenue, and the supervisory power of the Supreme Court over the findings of the Land Commission, as it is now evident that its work cannot be completed within the time originally limited by the Treaty.

The residents of Apia, in a public meeting last February, asked the three Governments to consider a series of amendments which they proposed. The President of the Municipal Council has recommended changes. The Government of the United States also has at different times been advised by its Representatives in Samoa of amendments deemed necessary or desirable. Any one of the Powers might now, in accordance with the section quoted, require the subject of Treaty revision to be taken into consideration; but it is not believed that the purpose to be accomplished requires a formal Conference such as originated the Treaty, and much less so since there seems to be no necessity for any discussion of its general scope or plan. The purpose desired is not any alteration in its essential features, but merely minor changes in its details. That purpose might be accomplished very simply by an informal conference between the Secretary of State and the Representatives of the three Governments in Samoa.

At the present time each of the three Treaty Powers has a Consular Representative at Apia. They are well informed regarding the necessity and propriety of any proposed changes, and they, aided by the counsel of the Land Commissioners of their respective Governments, could profitably confer with reference to this subject without delay and without expense. Their consideration of the matter should be limited to explanatory amendments and details in

the interest of the best practical results under the Treaty. They could, of course, make separate Reports to their respective Governments, but in so far as they were able to agree they should make a joint Report of their recommendations. These Reports could be treated as being simply for the information of the Powers, which could reserve to themselves the fullest liberty of final action. It is believed, however, that they would furnish an intelligent basis for the practical consideration of the questions involved.

It is therefore proposed by the United States that instructions be sent by the three Powers to their respective Consular Representatives in Samoa to hold a joint conference at the earliest convenient date after receipt of the instructions, and make a joint Report as to recommendations which they may be able to agree upon respecting the more effective working of the Berlin General Act. When this joint Report is received, it is further proposed that a conference be held between the Secretary of State and the Diplomatic Representatives of Great Britain and Germany with a view to the adoption of such modifications or explanatory declarations of the Berlin General Act as, in the light of the recommendations of the Consuls or other officials, may be deemed advisable.

No. 314.-Sir E. Malet to the Earl of Rosebery.-(Received

MY LORD,

December 26.)

Berlin, December 19, 1892. I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 17th instant, respecting the refusal of Baron Senfft von Pilsach to supply copies of his Quarterly Financial Reports to Her Majesty's Consul in Samoa, and to inform your Lordship that I have this day addressed a note to Baron von Marschall, of which I inclose a copy, in the terms of your Lordship's abovementioned despatch. I have, &c.,

The Earl of Rosebery.

EDWARD B. MALET.

(Inclosure.)-Sir E. Malet to Baron von Marschall.

M. LE BARON,

Berlin, December 19, 1892. HER Majesty's Consul at Apia has reported to the Earl of Rosebery that, having made application to the President of the Municipal Council to be furnished with copies of his Quarterly Financial Reports, Baron Senfft von Pilsach, in a letter dated the 21st October last, declined to supply such copies without a joint instruction to do so from the Powers.

Baron Senfft added that he had returned a similar answer, under date of the 2nd August last, to a like application on the part of the Imperial German Consul.

Her Majesty's Government are disposed to consider it desirable that the Financial Reports of the President of the Municipal Council should be communicated to the Consular Representatives of the three Treaty Powers, and I am accordingly directed to propose to your Excellency that joint action should be taken with this object. I avail, &c.,

Baron von Marschall.

EDWARD B. MALET.

No. 315.-Count Hatzfeldt to the Earl of Rosebery.-(Received

(Translation.) (Extract.)

December 26.)

German Embassy, London, December 22, 1892. WITH reference to your Lordship's note of the 12th August, relative to the import and export duties in Samoa, I have the honour to transinit herewith a copy of a despatch from the Imperial Minister at Washington, together with its inclosure, from which it appears that the Government of the United States share the opinion held by the Imperial Government. The American Government would be in favour of a common understanding to be arrived at as to a division of the duties among those interested.

The Earl of Rosebery.

HATZFELDT.

(Inclosure 1.)-Herr von Holleben to Count Caprivi.

(Translation.) Washington, November 25, 1892. THE Government of the United States agrees with the Imperial Government and with the British Cabinet that the opinion of the Chief Justice, namely, that the proceeds of the import and export duties which have hitherto been levied for the Municipality of Apia were not at the disposal of that body, but of the Samoan Government, according to the provisions of the Samoan Act, was not rendered in the line of the duty of the Court, or in accordance with the terms of the Treaty, and that, being extra-judicial, it ought to be treated as a nullity.

The Government of the United States is therefore ready to join in any communication expressing a definite decision in this sense to the Chief Justice or other officials of Samoa.

The Government of the United States suggests that a practical solution of the question might be found by arriving at an understanding as to the equitable division of the customs duties between

the Samoan Government and the Municipality. It hopes that an agreement between the parties concerned may be arrived at on the spot, which would both safeguard the interests respectively involved and carry out the intentions of the Treaty Powers.

SIR,

(Inclosure 2.)-Mr. Foster to Herr von Holleben.

Department of State, Washington, November 22, 1892. BARON VON KETTELER'S Memorandum of the 14th July last, expressing the views of the Imperial Government upon the difference of opinion which has arisen as to the apportionment of the import and export duties in Samoa, has had my careful consideration. On the 2nd instant I also received from the British Chargé d'Affaires a copy of Lord Salisbury's note of the 12th August to Count Hatzfeldt, expressing the views of the British Government upon the same subject.

Section 4 of Article III of the Berlin General Act provides that the Supreme Court of Samoa shall have jurisdiction of all questions arising under its provisions. But its competence to render a decision with respect thereto is believed to be limited to suits or references regularly before it in accordance with the specific prcvisions of the Act. As a Court it is bound to proceed in accordance with the judicial procedure. Otherwise, parties in interest would receive no hearing, and matters of the gravest importance, as in this instance, might be finally settled in proceedings entirely ex parte.

This Government, therefore, is disposed to agree with the Imperial Government and with the Government of Great Britain that the opinion of the Chief Justice of Samoa with respect to the revenues, given on the 28th March last, was not rendered in the line of the duty of the Court or in accordance with the terms of the Treaty, and that, being extra-judicial, it ought to be treated as a nullity. The Government of the United States will be pleased to join in any concurrent communication of this view to the Chief Justice or other officials of Samoa, as may be deemed most expedient.

As regards the correct interpretation of section 3 of Article VI of the Treaty, it must be admitted that its language is ambiguous, and that it is not free from doubt whether the import and export duties belong by its terms exclusively to the Samoan Government in accordance with the Chief Justice's latest opinion, or exclusively to the Municipality in accordance with his earlier opinion, or partly to

each.

Practically, however, this Government is impressed with the

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belief that there ought to be some fair division of the revenue between the Government and the Municipality, and that its exclusive assignment to either would be essentially unjust to the other. If the terms of the Treaty should be finally held to require the latter, then, in the opinion of this Government, the Treaty ought to be amended in that regard. But I join in the hope expressed by the Government of Great Britain, that "the contending parties may still be able to arrive at a common understanding upon this point which shall be alike satisfactory to themselves and to the Treaty Powers." Accept, &c.,

Herr von Holleben.

JOHN W. FOSTER.

No. 319. Sir E. Malet to the Earl of Rosebery.—(Received

MY LORD,

January 2, 1893.)

Berlin, December 28, 1892. WITH reference to my despatch of the 19th instant, I have the honour to transmit to your Lordship herewith a copy, with a translation, of a note which has been addressed to me by the Imperial Ministry of Foreign Affairs relative to the question of the inspection by the Consuls of the Treaty Powers of the Quarterly Financial Returns of the Government and Municipality of Samoa. I have, &c.,

The Earl of Rosebery.

EDWARD B. MALET.

(Inclosure.)-Baron von Marschall to Sir E. Malet.

(Translation.)

Foreign Office, Berlin, December 25, 1892. THE Undersigned has the honour to inform his Excellency Sir Edward Malet, in reply to the note of the 19th instant from the British Embassy, that the Imperial Government concur in the view taken by the Government of Great Britain, and have instructed, in consequence, their Consul at Apia to place himself in communication with his English and American colleagues, with the object of presenting the joint demand, in the names of the Treaty Powers, to the President of the Municipality, that the Quarterly Returns of the Finance Administration of the Samoan Government and of the Municipal District shall be submitted to the Consuls for inspection.

The Undersigned ventures to take it for granted that Her Britannic Majesty's Government has conferred with the Government of the United States upon this subject in the sense of the note under reply, and avails himself, &c.,

Sir E. Malet.

MARSCHALL

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