annexed to the said Government, to be known and designated as the District of "Tutuila."

2. The Government of the United States of America shall respect and protect the individual rights of all people dwelling in Tutuila to their lands and other property in said District; but if the said Government shall require any land or any other thing for Government uses, the Government may take the same upon payment of a fair consideration for the land, or other thing, to those who may be deprived of their property on account of the desire of the Government. 3. The Chiefs of the towns will be entitled to retain their individual control of the separate towns, if that control is in accordance with the laws of the United States of America concerning Tutuila, and if not obstructive to the peace of the people and the advancement of civilization of the people, subject also to the supervision and instruction of the said Government. But the enactment of legislation and the general control shall remain firm with the United States of America.

4. An investigation and settlement of all claims to title to lands in the different divisions or district of Tutuila shall be made by the Government.

5. We, whose names are subscribed below, do hereby declare with truth for ourselves, our heirs and representatives by Samoan Custom, that we will obey and owe allegiance to the Government of the United States of America.

In witness whereof we have hereunto subscribed our names and affixed our seals on this 17th day of April, 1900 A.D.:

The foregoing instrument of Cession (pages 1, 2, & 3) was duly signed by Leoso in the presence of, and at the request of, the Chiefs and Representatives of the Division of Fofo and Aitulagi, and by Pele in the presence of, and at the request of, the Chiefs and Representatives of the Division of Sua and Vaifanua in Tutuila in conformity with Samoan Customs as to signatures to documents, in my presence at Pago Pago on the 17th day of April, 1900 A.D. immediately prior to the Raising of the United States Flag at the United States Naval Station, Tutuila. E. W. GURR,

Barrister of the Supreme Court of Samoa.

INSTRUMENT OF CESSION

King and Chiefs of Manu'a to U.S. Government

To All To Whom These Presents Shall Come, Greeting: Whereas, the Islands of the Samoan Group lying east of Longitude 171 degrees west of Greewich were, on the 16th day of February, 1900, by arrangement between the Governments of Germany, Great Britain, and the United States of America, placed under the protection of the Government of the United States of America;

And Whereas, on the 17th day of April, in the year 1900, the Islands of Tutuila and Aunuu, being portion of said Islands of the Samoan Group lying east of Longitude 171 degrees west of Greenwich, were, by the chiefs and rulers of Tutuila and Aunuu, ceded to and placed under the sovereignty and protection of the United States of America, and the government of said Islands was thereupon assumed by said United States;

And Whereas, in administering said government, the Islands hereinafter described, known as the Manu'a Islands, being the remainder of said Islands of the Samoan Group lying east of Longitude 171 degrees west of Greenwich, have

been under the protection of the United States of America, and controlled and governed in conjunction with the islands of Tutuila and Aunuu;

And Whereas, at the request of Tuimanua, the King of Manu'a, and his chiefs, the United States Flag was, on the 5th day of June, 1900, raised on the Island of Tau, of the Manu'a Group, for the purpose of granting protection to the people of the Manu'a Islands;

And Whereas, Tuimanu'a and his chiefs, being content and satisfied with the justice, fairness, and wisdom of the government as hitherto administered by the several Commandants of the United States Naval Station, Tutuila, and the officials appointed to act with the Commandant, are desirous of placing the Islands of Manu'a hereinafter described under the full and complete sovereignty of the United States of America to enable said Islands, with Tutuila and Aunuu, to become a part of the territory of said United States:

Now Know Ye:-(1) That we, Elesare Tuimanua and the Chiefs whose names are hereunder subscribed, in consideration of the premises hereinbefore recited, have ceded, and, by These Presents Do Cede, unto the Government of the United States of America, All Those, The Islands of the Manu'a Group, being the whole of eastern portion of the Samoan Islands lying east of Longitude 171 degrees west of Greenwich and known as Tau, Olosega, Ofu, and Rose Island, and all other, the waters and property and adjacent thereto, together with all sovereign rights thereunto belonging and possessed by.

To Hold the said ceded territory unto the Government of the United States of America, to erect the same into a territory or district of said Govenment.

(2) It is intended and claimed by these Presents that there shall be no discrimination in the suffrages and political privileges between the present residents of said Islands and citizens of the United States dwelling therein, and also that the rights of the Chiefs in each village and of all people concerning their property according to their customs shall be recognized.

Done at the place of Faleula in Tau, in triplicate, in both the Samoan and the English languages, on this 14th day of July, in the year 1904, A.D.

TUIMANUA,

King of Manu's and District Governor.

TUFELE,

County Chief of Fitiuta.

MISA,

County Chief of Ofu.
TUIOLOSEGA,

County Chief of Olosega.
Asoau,

County Chief of Faleasao.
P. LOGOAI,
District Clerk.

United States Naval Station, Tutuila

District Court of Tutuila No. 5 held at Tau, in Manu'a

I Hereby Certify that on this 16th day of July, in the year 1904, before me, Edwin W. Gurr, Judge of the District Court of Tutuila, personally appeared Tuimanua, the Governor of Manu'a; Tufele, County Chief of Fitiuta; Misa, County Chief of Ofu; Tuiolosega, County Chief of Olosega; Asoau, County Chief of Faleasao; and Logoai, District Clerk of Manu'a; personally known to me to be the Tuimanua, high chiefs, and representatives of the people of the Islands of Manu'a, who, each for himself, acknowledged that he executed the attached Instrument of Cession, and affixed his seal thereto, freely and voluntarily, for the uses and purposes therein mentioned.

In Testimony Whereof I have caused the seal of the court to be affixed this 16th day of July in the year 1904.

Acceptance of Cessions

E. W. GURR, District Judge of Tutuila.

The Judge Advocate General of the Navy in 1921, referring to the above cessions, said: "These cessions were accepted by the President of the United States, and full information with respect thereto was communicated to Congress and

the action of the Chief Executive relative thereto adopted and approved in a number of separate statutory enactments." (File 3931-1429:36, Dec. 23, 1921), LRNA, Supp. 25.

"The power of Congress over the territories of the United States is * * * general and plenary, arising from and incidental to the right to acquire the terri

Decisions of the United States Supreme Court

tory itself and from the power given by the Constitution to make all needful rules and regulations respecting the territory or other property of the United States." (Lake Corporation of the Church of Jesus Christ and U.S. 136 1; U.S. V Kagama, 118 U.S. 375; De Lima V Bidwell, 182 U.S. 1)

"The civil government of the United States cannot extend immediately and of its own force over conquered and ceded territory. Theoretically, Congress might prepare and enact a scheme of civil government to take effect immediately upon cession, but practically there always have been delays and always will be. * * * In the meantime, pending the action of Congress, there is no civil power under our system of government, not even that of the President as civil executive, which can take the place of the government which has ceased to exist by the cession. * * * The authority to govern such territory is found in the law applicable to conquest and cession. That authority is the military power under the control of the President as Commander in Chief." (Santiago V Nogueras, 214 U.S. 260).

Opinion of the Judge Advocate of the Navy

The Judge Advocate General of the Navy in 1921 said: "The Government established by the President of the United States in American Samoa, having been recognized and acquiesced in by Congress, said government must be recognized by all individuals who have occasion to deal therewith as the lawfully established government of American Samoa until Congress see fit to provide otherwise. The Congress of the United States, the President, the Attorney General and the Secretary of the Navy have all concurred in recognizing American Samoa as a possession of the United States and a part of its territory, administered by a governor commissioned by the President, whose agent he is for the purpose of executing the orders communicated to him through the Secretary of the Navy, except in so far as Congress may see fit from time to time to legislate directly in relation thereto * * * Under the system of government which has been established in American Samoa, the individual commissioned by the President as Governor thereof possesses supreme legislative, executive, and judicial power of government in relation thereto, except in so far as restricted by the President or by enactments of Congress." (File 3931-1429; 36, Dec. 23, 1921) LRNA, Supp. 25. However, in American Samoa, under the present code and under this new code the Governor has, through his legislative powers, vested the judicial powers in the courts and the Chief Justice and other judges of American Samoa.

SIXTY-EIGHTH CONGRESS

Sess. II. Chs. 563. 1925

Chap. 563.-Joint Resolution Extending the sovereignty of the United States over Swains Island and making the island a part of American Samoa

Whereas Swains Island (otherwise known as Quiros, Gente Hermosa, Olosega, and Jennings Island) is included in the list of guano islands appertaining to the United States, which have been bonded under the Act of Congress approved August 18, 1856; and

Whereas the island has been in the continuous possession of American citizens for over fifty years and no form of government therefor or for the inhabitants thereof has been provided by the United States: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the sovereignty of the United States over American Samoa is hereby extended over Swains Island, which is made a part of American Samoa and placed under the jurisdiction of the administrative and judicial authorities of the government established therein by the United States. Approved, March 4, 1925.

SEVENTIETH CONGRESS

Sess. II. Chs. 281, 286. 1929

Chap. 281.-Joint Resolution To provide for accepting, ratifying, and confirming the cessions of certain islands of the Samoan group to the United States, and for other purposes

Whereas certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixtyseventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, having in due form agreed to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over these islands of the Samoan group by their acts dated April 10, 1900, and July 16, 1904: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) said cessions are accepted, ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively.

(b) The existing laws of the United States relative to public lands shall not apply to such lands in the said islands of eastern Samoa; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such .part thereof as may be used or occupied for the civil, military, or naval purposes of the United States or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the said islands of eastern Samoa for educational and other public purposes.

(c) Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.

(d) The President shall appoint six commissioners, two of whom shall be members of the Senate, two of whom shall be members of the House of Representatives, and two of whom shall be chiefs of the said islands of eastern Samoa, who shall, as soon as reasonably practicable, recommended to Congress such legislation concerning the islands of eastern Samoa as they shall deem necessary or proper.

(e) The sum of $25,000, or so much thereof as may be necessary, is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. Approved, February 20, 1929.

[Executive Order 10264]

TRANSFER OF THE ADMINISTRATION OF AMERICAN SAMOA FROM THE SECRETARY OF THE NAVY TO THE SECRETARY OF THE INTERIOR

Whereas the Island of Tutuila of the Samoan group and all other islands of the group east of longitude 171 degrees west of Greenwich, known as American Samoa, were placed under the control of the Department of the Navy by Executive Order No. 125-A of February 19, 1900; and

Whereas the joint resolution of February 20, 1929, 45 Stat. 1253, provides that until the Congress shall provide for the government of such islands all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States may direct; and

Whereas a committee composed of the Secretaries of State, War, the Navy, and the Interior recommended on June 18, 1947, that administrative responsibility for American Samoa be transferred to a civilian agency of the Government at the earliest practicable date as determined by the President; and

Whereas plans for the orderly transfer of administrative responsibility for American Samoa from the Secretary of the Navy to the Secretary of the interior are embodied in a memorandum of understanding between the Department of

the Navy and the Department of the Interior, approved by me on September 23, 1949, and it is the view of the two departments, as expressed in that memorandum, that such transfer should take effect on or about July 1, 1951; and

Whereas the transfer of administration of American Samoa from the Secretary of the Navy to the Secretary of the Interior, effective July 1, 1951, appears to be in the public interest:

Now, Therefore, by virtue of the authority vested in me by the said joint resolution of February 20, 1929, and as President of the United States, it is ordered as follows:

1. The administration of American Samoa is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on July 1, 1951.

2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of administration of American Samoa as embodied in the above-mentioned memorandum of understanding between the two departments.

3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa.

4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order.

5. The said Executive order of February 19, 1900, is revoked, effective July 1, 1951.

THE WHITE HOUSE, June 29, 1951

HARRY S TRUMAN.

[F. R. Doc. 51-7717; Filed, June 29, 1951; 5:05 p.m.]

[Order No. 2657]

GOVERNMENT OF AMERICAN SAMOA

SECTION 1. Purpose. The purpose of this order is to delimit the extent and nature of the authority of the Government of American Samoa, as it will be exercised under the jurisdiction of the Secretary of the Interior pursuant to Executive Order No. 10264 of June 29, 1951, pending enactment of organic legislation by the Congress, and to prescribe the manner in which the relationships of the Government of American Samoa with the Congress, with the Department of the Interior and other Federal agencies, and with foreign governments and international bodies shall be established and maintained.

SEC. 2. Laws and legislative authority. (a) The laws of American Samoa in effect on July 1, 1951, and the procedure for formulating and amending the laws shall remain in effect until changed by competent authority: Provided, however, That the power formerly exercised by the Secretary of the Navy or his designated representative shall be exercised by the Secretary of the Interior or his designated representative.

(b) No measure affecting the powers of the legislature shall become effective without the approval of the Secretary of the Interior.

SEC. 3. Executive authority. (a) The executive authority of the Government of American Samoa shall be vested in the Governor and other officials appointed pursuant to law, and shall be exercised under the supervision and direction of the Secretary of the Interior.

(b) The relations of the Government of American Samoa with the Congress of the United States on all legislative matters, including appropriations, shall be conducted through the Department of the Interior.

(c) With freedom to consult directly with the Secretary when necessary, the Governor of American Samoa shall normally communicate with the Secretary of the Interior through the Director of the Office of Territories. The Governor shall be responsible for all United States property in American Samoa which is required for the operation of the Government of American Samoa and to which the Department of the Interior has custodial title or which it may use under permit. The Governor shall perform such other functions for the Department of the Interior in American Samoa as may be delegated to him by the Secretary.