Perhaps the strangest anomaly of all was the fact that the Philippines, when an unincorporated territory, had two Resident Commissioners, simultaneously, whereas Puerto Rico has always been represented by only one. And Alaska and Hawaii, both incorporated, had only one Delegate apiece. III. PRECEDENTS FOR PROVIDING AN UNORGANIZED, UNINCORPORATED TERRITORY WITH A POPULARLY ELECTED GOVERNOR There are no meaningful precedents. The only territory with a history even faintly suggestive of such a development is the territory of Puerto Rico. In 1947, five years before the Constitution of the Commonwealth of Puerto Rico was promulgated, Congress granted the people of the unincorporated territory the right to elect their own Governor. But Puerto Rico had long been an organized territory: in 1900 the first Organic Act (the Foraker Act) was approved, and a second one (the Jones Act) was enacted in 1917. The latter Act, incidentally, bestowed United States citizenship upon the Puerto Ricans. In 1970 the people of both Guam and the Virgin Islands were allowed, for the first time, to vote for Governor. But their territories had been organized for years: Guam since 1950 and the Virgin Islands since 1936. TREATY-SAMOAN ISLANDS, JAN. 17, 1878 Treaty between the United States of America and the Government of the Samoan Islands. Friendship and Commerce. Concluded January 17, 1878; ratifica tion advised by Senate, with amendments, January 30, 1878; ratified by President February 8, 1878; ratified by the Samoan Envoy February 11, 1878; ratifications exchanged at Washington February 11, 1878; proclaimed February 13, 1878. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a treaty of friendship and commerce between the United States and the Government of the Samoan Islands was concluded and signed by their respective Plenipotentiaries at the city of Washington on the seventeenth day of January, in the year of our Lord one thousand eight hundred and seventy eight; which treaty, after having been amended and ratified by the contracting parties, is word for word as follows: The Government of the United States of America and the Government of the Samoan Islands, being desirous of concluding a treaty of friendship and commerce, the President of the United States has for this purpose conferred full powers upon William M. Evarts, Secretary of State; and the Government of the Samoan Islands has conferred like powers upon MK. Le Mamea, its Envoy Extraordinary to the United States. And the said Plenipotentiaries having exchanged their full powers, which were found to be in due form, have agreed upon the following articles: ARTICLE I There shall be perpetual peace and friendship between the Government of the United States and the Government of the Samoan Islands. ARTICLE II Naval vessels of the United States shall have the privilege of entering and using the port of Pagopago, and establishing therein and on the shores thereof a station for coal and other naval supplies for their naval and commercial marine, and the Samoan Government will hereafter neither exercise nor authorize any jurisdiction within said port adverse to such rights of the United States or restrictive thereof. The same vessels shall also have the privilege of entering other ports of the Samoan Islands. The citizens of the United States shall likewise have free liberty to enter the same ports with their ships and cargoes of whatsoever kind, and to sell the same to any of the inhabitants of those islands, whether natives or foreigners, or to barter them for the products of the Islands. All such traffic in whatever articles of trade or barter shall be free, except that the trade in fire-arms and munitions of war in the Islands shall be subject to regulations by that government. ARTICLE III No import or export duty shall be charged on the cargoes of the vessels of the United States entering or clearing from the ports of the Samoan Islands, and no other than a tonnage duty of one-half of one per cent per ton actual measurement shall be charged on the entrance of such vessels. ARTICLE IV All disputes between citizens of the United States in the Samoan Islands, whether relating to civil matters or to offences or crimes, shall be heard and determined by the Consul of the United States at Apia, Samoa, under such regulations and limitations as the United States may provide; and all disputes between citizens of the United States and the people of those Islands shall be heard by that Consul in conjunction with such officer of the Samoan Government as may be designated for that purpose. Crimes and offences in cases where citizens of the United States may be convicted shall be punished according to the laws of their country; and in cases where the people of the Samoan Islands may be convicted, they shall be punished pursuant to Samoan laws and by the authorities of that country. ARTICLE V If, unhappily, any differences should have arisen, or shall hereafter arise, between the Samoan Government and any other government in amity with the United States, the government of the latter will employ its good offices for the purpose of adjusting those differences upon a satisfactory and solid foundation. ARTICLE VI The Government of Samoa agrees to allow to the Government and citizens of the United States free and equal participation in any privileges that may have been or may hereafter be granted to the government, citizens, or subjects of any other nation. ARTICLE VII The present treaty shall remain in force for ten years from its date. If neither party shall have given to the other six months previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either party shall have given notice to the other of such intention. ARTICLE VIII The present treaty shall be ratified and the ratifications exchanged as soon as possible. In faith whereof the Plenipotentiaries have signed and sealed this treaty at Washington, the seventeenth day of January, one thousand eight hundred and seventy-eight. WILLIAM MAXWELL EVARTS [SEAL.] And whereas the said Treaty, as amended, has been duly ratified on both parts, and the respective ratifications of the same were exchanged in the city of Washington on the eleventh day of February, one thousand eight hundred and seventyeight: Now, therefore, be it known, that I, RUTHERFORD B. HAYES, President of the United States of America, have caused the said Treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington this thirteenth day of February, in the year of our Lord one thousand eight hundred and seventy-eight, and of the Independence of the United States the one hundred and second. [SEAL.] By the President: R. B. HAYES. WM. M. EVARTS, 1889.a GENERAL ACT PROVIDING FOR THE NEUTRALITY AND AUTONOMOUS GOVERNMENT OF THE SAMOAN ISLANDS Concluded at Berlin June 14, 1889; ratification advised by the Senate February 4, 1890; ratified by the President February 21, 1890; ratifications exchanged April 12, 1890; assented to by Samoa April 19, 1890; proclaimed May 21, 1890. ARTICLES I. Declaration of the independence and neutrality of the islands. II. Modification of existing treaties. III. Establishment of supreme court of justice; jurisdiction. V. Municipal administration of Apia. VI. Taxation and revenue. VII. Sale of arms, ammunition, and intoxicating liquors. VIII. General dispositions. The President of the United States of America, His Majesty the Emperor of Germany, King of Prussia, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Wishing to provide for the security of the life, property and trade of the citizens and subjects of their respective Governments residing in, or having commercial relations with the Islands of Samoa; and desirous at the same time to avoid all occasions of dissension between their respective Governments and the Government and people of Samoa, while promoting as far as possible the peaceful and orderly civilization of the people of these Islands have resolved, in accordance with the invitation of the Imperial Government of Germany, to resume in Berlin the Conference of Their Plenipotentiaries which was begun in Washington on June 25, 1887; and have named for Their present Plenipotentiaries the following: The President of the United States of America: Mr. John A. Kasson. Mr. William Walter Phelps, Mr. George H. Bates; His Majesty the Emperor of Germany, King of Prussia: Count Bismark, Minister of States, Secretary of State for Foreign Affairs, Dr. Krauel, Privy Councillor of Legation; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India : Sir Edward Baldwin Malet, Her Majesty's Ambassador to the Emperor of Germany, King of Prussia, Charles Stewart Scott Esquire, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the Swiss Confederation. Joseph Archer Crowe Esquire, Her Majesty's Commercial Attaché for Europe, who, furnished with full powers which have been found in good and due form, have successively considered and adopted: First; A Declaration respecting the independence and neutrality of the Islands of Samoa, and assuring to their respective citizens and subjects equality of rights in said Islands, and providing for the immediate restoration of peace and order therein. Second; A Declaration respecting the modification of existing treaties, and the assent of the Samoan Government to this Act. Third, A Declaration respecting the establishment of a Supreme Court of Justice for Samoa, and defining its jurisdiction. Fourth; A Declaration respecting titles to land in Samoa, restraining the disposition thereof by natives, and providing for the investigation of claims thereto and for the registration of valid titles. Fifth; A Declaration respecting the Municipal District of Apia, providing a local administration therefor and defining the jurisdiction of the Municipal Magistrate. a This general act was annulled by treaty of December 2, 1899, between United States, Germany, and Great Britain, page 1595. Sixth; A Declaration respecting taxation and revenue in Samoa. Seventh; A Declaration respecting arms and ammunition, and intoxicating liquors, restraining their sale and use. Eighth ; General Dispositions. Article I.-A Declaration respecting the independence and neutrality of the Islands of Samoa, and assuring to the respective citizens and subjects of the Signatory Powers equality of rights in said Islands; and providing for the immediate restoration of peace and order therein. It is declared that the Islands of Samoa are neutral territory in which the citizens and subjects of the Three Signatory Powers have equal rights of residence, trade and personal protection. The Three Powers recognize 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. Neither of the Powers shall exercise any separate control over the Islands or the Government thereof. It is further declared, with a view to the prompt restoration of peace and good order in the said Islands, and in view of the difficulties which would surround an election in the present disordered condition of their Government, that Malietoa Laupepa, who was formerely made and appointed King on the 12th day of July 1881, and was so recognized by the Three Powers, shall again be so recognized hereafter in the exercise of such authority, unless the Three Powers shall by common accord otherwise declare; and his successor shall be duly elected according to the laws and customs of Samoa. Article II.-A Declaration respecting the modification of existing treaties, and the assent of the Samoan Government to this Act. Considering that the following provisions of this General Act can not be fully effective without a modification of certain provisions of the treaties heretofore existing between the Three Powers, respectively, and the Government of Samoa, it is mutually declared that in every case where the provisions of this Act shall be inconsistent with any provision of such treaty or treaties, the provisions of this Act shall prevail. Considering further, that the consent of the Samoan Government is requisite to the validity of the stipulations hereinafter contained, the Three Powers mutually agree to request the assent of the Samoan Government to the same, which, when given, shall be certified in writing to each of the Three Governments through the medium of their respective Consuls in Samoa. Article III.—A Declaration respecting the establishment of a Supreme Court of Justice for Samoa and defining its jurisdiction. Section 1 A Supreme Court shall be established in Samoa to consist of one Judge, who shall be styled Chief Justice of Samoa, and who shall appoint a Clerk and a Marshal of the Court; and record shall be kept of all orders and decisions made by the Court, or by the Chief Justice in the discharge of any duties imposed on him under this Act. The Clerk and Marshal shall be allowed reasonable fees to be regulated by order of the Court. Section 2 With a view to secure judicial independence and the equal consideration of the rights of all parties, irrespective of nationality, it is agreed that the Chief Justice shall be named by the Three Signatory Powers in common accord; or, failing their agreement, he may be named by the King of Sweden and Norway. He shall be learned in law and equity, of mature years, and of good repute for his sense of honour, impartiality and justice. His decision upon questions within his jurisdiction shall be final. He shall be appointed by the Samoan Government upon the certificate of his nomination as herein provided. He shall receive an annual salary of six thousand dollars ($6,000.00) in gold, or its equivalent, to be paid the first year in equal proportions by the Three Treaty Powers, and afterward out of the revenues of Samoa apportioned to the use of the Samoan Government, upon which his compensation shall be the first charge. Any deficiency therein shall be made good by the Three Powers in equal shares. The powers of th 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. Section 3 In case either of the four Governments shall at any time have cause of complaint against the Chief Justice for any misconduct in office, such complaint shall be presented to the authority which nominated him, and, if in the judgment of such authority there is sufficient cause for his removal, he shall be removed. If the majority of the Three Treaty Powers so request, he shall be removed. In either case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as herein before provided. Section 4 The Supreme Court shall have jurisdiction of all questions arising under the provisions of this General Act; and the decision or order of the Court thereon shall be conclusive upon all residents of Samoa. The Court shall also have appellate jurisdiction over all Municipal Magistrates and officers. Section 5 The Chief Justice is authorized at his own discretion, and required upon written request of either party litigant, to appoint assessors, one of the nationality of each litigant, to assist the court, but without voice in the decision. Section 6 In case any question shall hereafter arise in Samoa respecting the rightful election or appointment 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 may claim in the exercise of his office, such question shall not lead to war but shall be presented for decision to the Chief Justice of Samoa, who shall decide it in writing, conformably to the provisions of this Act and to the laws and customs of Samoa not in conflict therewith; and the Signatory Governments will accept and abide by such decision. Section 7 In case any difference shall arise between either of the Treaty Powers and Samoa which they shall fail to adjust by mutual accord, such difference shall not be held cause for war, but shall be referred for adjustment on the principles of justice and equity to the Chief Justice of Samoa, who shall make his decision thereon in writing. Section 8 The Chief Justice may recommend to the Government of Samoa the passage of any law which he shall consider just and expedient for the prevention and punishment of crime and for the promotion of good order in Samoa outside the Municipal District and for the collection of taxes without the District. Section 9 Upon the organization of the Supreme Court there shall be transferred to its exclusive jurisdiction. 1. All civil suits concerning real property situated in Samoa and all rights affecting the same. 2. All civil suits of any kind between natives and foreigners or between foreigners of different nationalities. 3. All crimes and offenses committed by natives against foreigners or committed by such foreigners as are not subject to any consular jurisdiction ; subject however to the provisions of section 4 Article V defining the jurisdiction of the Municipal Magistrate of the District of Apia. |