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act as President of the Municipal Council, the Adviser to the King (Baron Senfft von Pilsach) would perhaps be a satisfactory substitute to all parties. I have, &c.,

The Marquess of Salisbury.

T. B. CUSACK-SMITH.

(Inclosure 1.)-The Consuls of Great Britain, Germany, and the United States at Apia to M. Cedercrantz.

SIR,

Apia, September 1, 1891.

We have the honour to inform you, with all respect, that we feel it our duty to draw your attention to the serious and unfor. tunate consequences which may arise owing to your absence from Samoa at the present political crisis.

Under the Berlin Treaty it is not possible for you to delegate any of your duties to a substitute while you hold the Chief Justiceship.

We would, therefore, express the hope that you will postpone your projected departure until our respective Governments have been communicated with, in order that arrangements may be made to appoint a substitute during your absence.

We have, &c.,

T. B. CUSACK-SMITH, Her Britannic Majesty's

Consul.

F. SCHMIDT, Imperial German Vice-Consul.
W. BLACKLOCK, Vice-Consul-General, U.S.A.

(Inclosure 2.)-Extract from the "Samoa Times" of August 22,

1891.

WE understand that it is the intention of the Chief Justice to go to Fiji by the steam-ship Wainui leaving here on the 4th September, for the purpose of interviewing the Governor of Fiji on some impor tant matters relating to Samoa. What these matters are we are unable to say, but they must be of more than ordinary interest, otherwise the Chief Justice would communicate with the Governor of Fiji in writing. He had intended to leave by the Wainui last trip, but was unable to get ready in time, the vessel leaving the port earlier than usual.

The question now arises whether any person in Samoa could be appointed to exercise the functions of the Chief Justice's office during his temporary absence, and a rumour was very general that the President of the Council would assume the duties while he was away from Samoa.

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Section 2 of Article III of the Berlin Treaty states:

"The powers of the Chief Justice in case of a vacancy of that office from any cause shall be exercised by the President of the Municipal Council until a successor shall be duly appointed and qualified."

A temporary absence does not constitute a vacancy, therefore the President of the Council could not assume the duties of the Chief Justice, and the Berlin Treaty makes no provision for any other person or persons to act in his stead. Owing to the want of direct communication with Fiji he may not be able to return to Samoa for several weeks, and it is consequently of very great importance that all subjects awaiting the arbitration or decision of the Chief Justice should be settled before his departure.

The Chief Justice is not only Judge of the Supreme Court, he has also to arbitrate and finally decide on public matters on which the Municipal Council and the Consular Board disagree, and of late he has frequently been called upon to arbitrate between the Board and the Council on very delicate and important public matters; and as the Chief Justice's decisions have generally been satisfactory, we would prefer awaiting his return to Samoa than intrust such serious matters in other hands. Even if the President of the Council had the power to assume the higher duties it would be placing him in a false position. As Chairman of the Council he would have the absolute power of deciding in favour of the party in the Council which he supported by his vote, and the Consular rejections or amendments to the Municipal Council Resolutions rendered useless where they clashed with the previously recorded views of the President. However, the clause in the Treaty referred to is plain. The President of the Council can only assume the higher functions in the event of a vacancy occurring which would necessitate the appointment of a successor to M. Conrad Cedercrantz, and as the business to be transacted with the Governor of Fiji is apparently of a nature that requires the presence of the Chief Justice in Fiji, we are contented to await his return to Samoa.

There is one other matter in connection with the absence of the Chief Justice from Samoa which has been probably overlooked, on which there is a considerable diversity of opinion. Some persons maintain that if the Chief Justice leaves his post of duty for a foreign port without permission of the King or the three Treaty Powers, or at least without the consent of the Representatives of the Treaty Powers in Samoa, his office may be declared vacant, and in that case the President of the Council could perhaps assume the functions of the higher office. If such an interpretation could be sustained, the Chief Justice could not again resume his position, and a successor would have to be appointed by the Treaty Powers. We

presume the Chief Justice has well weighed this important question, and has made himself secure from such a contingency, but it is none the less our duty to refer to the subject.

No. 124.-Consul Cusack-Smith to the Marquess of Salisbury.(Received October 16.)

MY LORD,

Apia, Samoa, September 5, 1891. I HAVE the honour to report that on the 28th day of August He Majesty King Malietoa, with the approval of the Chief Justice, required by section 2 of Article IV of the Treaty of Berlin, appointed the Rev. Arthur Edward Claxton to be Natives' Advocate.

The Marquess of Salisbury.

I have, &c.,

T. B. CUSACK-SMITH.

No. 125.-Consul Cusack-Smith to the Marquess of Salisbury.(Received October 16.)

MY LORD,

Samoa, September 7, 1891. I HAVE the honour to report that the Chief Justice of Samoa has refused to pay any taxes or duties, claiming exemption.

The Consuls have hitherto paid all taxes and duties in order to set a good example, and save raising what must be a vexed question.

But now that an official who, after the 1st October, is to draw his salary from these very taxes, has added to the many existing difficulties by his refusal to pay, the Consuls are placed in an unfair position. By international law they appear to be, in such a country as Samoa, exempt. If the Chief Justice refuses to pay, naturally the other Government officials will also be justified in refusing.

I shall be greatly obliged by instructions as to whether I am to claim exemption or not; and at the same time I would suggest that as it is unwise, in the financial condition of Samoa, to permit any exemptions from taxation, instructions should be issued to the Chief Justice requiring him to reconsider his refusal.

His absence from Samoa is causing serious inconvenience to British claimants before the Land Commission, as it is not possible to secure now any extension of time for the production of evidence. I have, &c., The Marquess of Salisbury.

T. B. CUSACK-SMITH.

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No. 126.-Consul Cusack-Smith to the Marquess of Salisbury.-(Received October 16.)

MY LORD,

Samoa, September 8, 1891.

I HAVE the honour to report that, in the opinion of the Consuls, he system of a Consular Board supervising and amending the purely nunicipal work of the Municipal Council of Apia is not working eneficially.

If the Consuls under section 3 of Article V of the Treaty of Berlin are to approve or disapprove every Resolution passed by the Municipal Council before becoming law, it is manifest that the most rifling details of petty administration, having no international nterest, have to be dealt with once a-week by the Consuls, whose ime is already fully occupied.

Moreover, it is impossible to avoid friction between the Municipal Council and the Consular Board, because the former not unnaturally consider themselves subject to a galling interference whenever any mendments on purely municipal matters are suggested by the Consular Board.

At the present political crisis, it is important that the Consuls should not be called upon to put themselves in antagonism with their own nationals over matters which, I submit, need not be referred to the Consuls.

I would also point out that the supervision of the Consular Board is not really effective, because the Municipal Council are at liberty to refuse the amendments of the Consular Board. These amendments are thereupon referred to the Chief Justice, who has invariably decided without even asking for the reasons which induced the Consuls unanimously to consider the amendments necessary.

It also places the Consuls in the derogatory and unbecoming position of being apparently under the control of, and inferior to, the Chief Justice of a foreign Power.

I would therefore, with all submission, urge your Lordship to authorize me to join with my colleagues on the Consular Board in declaring that, for the future, they define the phrase "All Ordinances, Resolutions, and Regulations passed by this (Municipal) Council" (section 3, Article V) to mean only Ordinances, Resolutions, and Regulations dealing with offences that are intended to be punishable by fine or imprisonment.

This would remove a great deal of distasteful work from the shoulders of the Consuls, do away with a constant source of friction, please the white population, and still, to all intents and purposes, carry out the provisions of the Treaty.

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On my proposal, my colleagues have agreed to make a simila request to their respective Governments.

I have, &c.,

The Marquess of Salisbury.

T. B. CUSACK-SMITH

No. 127.-Consul Cusack-Smith to the Marquess of Salisbury.(Received October 16.)

MY LORD,

Samoa, September 10, 159

I HAVE the honour to inclose extracts from the "Samoa Time." which I think fairly represent public opinion with regard to Bart Senfft von Pilsach's conduct.

The choice of a large prison as the first proposed work of the Samoan Government is in itself singularly infelicitous, but when it is proposed to spend on it 7,500 dollars, which, as far as I can ascerta”, is half the sum at present collected by the Government, the propos is little short of madness.

Added to this, an advertisement has appeared calling for tenders for" Capitol buildings," which prove to be mainly a dwelling-nouse for Baron Senfft von Pilsach. The total cost of the "Capitol buildings" is placed between 10,000 and 15,000 dollars.

These two projects alone--both of them utterly unnecessary at present, and both unpopular with the Samoans-will drain the Treasury dry.

The only chance of getting any more taxes paid by the natives is to spend those already collected in ways which directly benefit the greatest number of the Samoans, and which command their approval.

It would also seem wise to spend the money as far as possible only on such objects as will open up the country, assist trade, and invite capitalists to come to Samoa.

Under section 5 of Article V of the Berlin Treaty the President of the Municipal Council is to render quarterly Financial Reports. His first Report has not yet appeared, and though the Municipal Council have repeatedly pressed for it, it is now nearly two months overdue. I have, &c.,

The Marquess of Salisbury.

T. B. CUSACK-SMITH.

(Inclosure.)-Extract from the " Samoa Times" of August 29, 1591.

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