As soon as the funeral ceremonies were at an end, deliberat and discussion among the Chiefs ensued. There were, in the f instance, several candidates for the succession. Their number 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, had suffered defeat, and with other Chiefs had been deported, agreement with the three Powers, to the Marshall Islands. On recommendation of the Consular officers at Apia, the Powers, in J 1898, consented to his return, the condition being his signature o Protocol in the following terms :—

"I, Mataafa, now held at the Island of Jaluit, do solem promise, agree, and declare: That if I am permitted to return Apia, Samoa, and there remain, I will at all times be and rema loyal to the Government of Samoa as established under the Ber Final Act as concluded on the 14th June, 1889, and the Governme as heretofore existing under King Malietoa Laupepa, and to t successor of the said King Malietoa when chosen; that I will rema at Mulinuu, the present seat of the Samoan Government, and w not depart therefrom without the written consent of the Consuls the three Treaty Powers; that I will not encourage or participate any hostile action against the Government, nor will I permit relatives or adherents to engage in any hostile action against t Government; and that I will, to the best of my ability, uphold, ai and support the Government as now established under the Treat and that I will use my influence to promote the peace of Samoa, a to strengthen the loyalty of the people towards the Governmen and I agree that my return to Samoa and continued residence the shall depend upon. my faithful performance of the conditions abo named, and the wilful disregard of the conditions above name shall be sufficient cause for my removal from Samoa, or for oth punishment."

On the 19th September, Mataafa and the other exiled Chie landed in Samoa. It does not appear that he took any overt ste to claim the vacant throne; but a section of the natives pr nounced in his favour, and announced on the 12th November the Consuls and to the Chief Justice that he had been duly electe King.

On the 13th November the opposing faction declared that th real election of a King had not taken place, and on the followin day announced that their choice had fallen upon Malietoa Tanu.

Both parties appealed to Mr. Chambers, the Chief Justice, wh considered himself then in a position to take cognizance of th matter, according to the provisions of the Final Act, a question

having arisen "in Samoa respecting the rightful election or appointment of King."

Communications with the Chiefs on either side occasioned some farther delay, and it was not until the 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 Kingsaip 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 ander 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 the 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 alled 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 stly 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 questionably the most favourable opportunity for a thorough quiry and judicial ascertainment of the laws and customs of Samoa eating 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 the 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 the contestants, I cannot throw off the obligation to obey the plain and emphatic declaration of the framers of the Treaty wher they declare that one exception must be made amongst all the people of Samoa from eligibility to the Kingship. It is plainly stated by one of the Powers represented in the Conference, as condition precedent to its consent to the principle of the election o a King, that there must be one exception. That exception i mentioned in the person of Mataafa. Reasons were given fo making the exception which not only commended themselves to th other Plenipotentiaries and commanded their assent, but appealed t the highest instincts of universal humanity.

"As long as this condition remains in the Protocol, and unt it is stricken out or altered by the same Powers that placed there, a Judicial Officer, whose right to exercise the functions his office depends upon the same Treaty and Protocols, cann give any interpretation to Article I than that so manifestly ar mandatorily stated in the Protocols of the fifth session of the Con ference.

"It is therefore decided that Mataafa, because of his inelig bility, has not been rightfully elected or appointed King of Sam conformably to the provisions of the Berlin Treaty; it is therefo unnecessary to discuss at this time whether there has been a con pliance with the laws and customs of Samoa not in conflict therewit in connection with his alleged election.

"It is furthermore decided that Malietoa Tanumafili, being th only candidate for the Kingship eligible thereto, whose election h been reported to the Chief Justice, and who is the contestant ar claimant in this proceeding for the office, is elected King of Samo and this decision is made in writing conformably to the provision of the Berlin Act, and to the laws and customs of Samoa not conflict therewith."

The adherents of Mataafa refused to accept the decision of t Chief Justice, and a serious conflict, involving loss of life, occurre The followers of Malietoa Tanu were defeated, a large numb sought the protection of Her Majesty's ship Porpoise whic together with the Imperial German vessel of war Falke was, ai had been for some time previously, lying in the harbour of Api Malietoa Tanu himself, Tamasese, his principal supporter, a Mr. Chambers, the Chief Justice, were granted asylum on board H Majesty's ship.

Much destruction and pillage of native property is reported

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, and 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, ve, the undersigned Consular Representatives of the three Treaty Powers, declare as follows:

"1. The Mataafa party, represented by the High Chief Mataafa 19d 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 re now in de facto possession of the Samoan Government, are recogtized to be the Provisional Government of Samoa pending instructions from the three Treaty Powers;

"2. The President to be the Executive Head Officer of the said Provisional Government;

"Nothing in this Proclamation shall be taken as modifying or abrogating the rights and privileges of the three Treaty Powers in Samoa, either individually or collectively, or of their Consular Representatives as now existing.

"Given at Apia, this 4th day of January, 1899.

"Rose, Imperial German Consul-General.

"L. W. OSBORN, United States' Consul-General. "ERNEST G. B. MAXSE, Her Britannic Majesty's Consul."

Owing to the grave position of affairs Her Majesty's ship Egalist was ordered to proceed to Apia, and on the 6th March the United States' ship Philadelphia carrying the flag of Admiral Katz, arrived there.

Further disturbances have unfortunately occurred. The intellience having only been received by telegraph from Her Majesty's Consul, full details are wanting; but the serious character of the tbreak is evident from the fact that Apia was bombarded the Philadelphia, Her Majesty's steam-ships Porpoise and galist joining, that parties landed from those vessels came into sion with the natives, and that three British sailors and one American lost their lives.

It has thus become evident that, from whatever cause, the local ials have for the time become incapable of restraining the native pulation, that the institutions founded on the Berlin Act are 1899-1900. XCII.]

K

threatened, and that the interests of the European residents, no l than those of the natives, are imperilled.

The difficulty of arriving at any definite solution is grea enhanced by the conflicting evidence which such events not unusua elicit, and by the fact that in consequence of the absence of dir telegraphic communication with Samoa it is impossible to ma timely provision for the various contingencies as they arise. H Majesty's Government and the Governments of Germany and t United States, considering it imperative to adopt prompt measu to remedy the disorder which prevails and to prevent, if possib any recurrence of conflict, have therefore determined to se Commissioners at once to Samoa for that purpose; and I have inform you that, with the Queen's approval, you have been select to be British Commissioner, and I inclose Her Majesty's comm sion appointing you in that capacity.

I inclose to you a copy of a Memorandum which has been accept by the three Powers, and which will sufficiently indicate to you nature of the duties you will have to perform, and the extent of t authority under which you will act.

Her Majesty's Consul at Apia will be informed of the decisi taken by the Powers, and will be instructed during your Missi to consider himself subordinate to you.

C. N. E. Eliot, Esq.

I am, &c.,

SALISBUR

(Inclosure.)-Memorandum.

In view of the troubles which have recently taken place in Sam and for the purpose of restoring tranquillity and order therein, t three Powers, parties to the Conference of Berlin, have appoint a Commission to undertake the provisional government of t islands.

For this purpose they shall exercise supreme authority in t islands. Every other person or persons exercising authority there whether acting under the Final Act of Berlin or otherwise, shi obey their orders; and the three Powers will instruct their Co sular and Naval officers to render similar obedience. No acti taken by the Commissioners in pursuance of the above authori shall be valid unless it is assented to by all three Commissiouers.

It will fall within the attributions of the Commissioners consider the provisions which they may think necessary for t future government of the islands, or for the modification of the Fin Act of Berlin, and to report to their Governments the conclusions which they may come.