Whereas with respect to the contention of the British and United States' Governments that, whether or not there was authority to insist by force on the acceptance of the provisions of the Berlin General Act, the military action was not unwarranted, because it was necessary for the protection of lives and property which it was the duty of the British and American officers to safeguard, and because the opening of fire on the 15th of March was necessitated by the Mataafan warriors making a rush on the British and the United States' Consulates and by a threatened attack by several war canoes on Mulinuu, where a detachment from the British and American ships was stationed,-We have found nothing in the evidence before Us to show that the general condition of affairs was such as to render the military action necessary for the protection of lives and property, and, as to the said two attacks alleged to have taken place on the 15:th of March, it results from all the facts relative thereto that the rush was not, and never was meant to be, an attack on the Consulates but simply was directed against some fleeing women of the Malietoa party, that no attack was intended on Mulinuu by the canoes, which by the garrison there were seen putting out from the opposite shore of the Vaiusu bay and which were ordered by Mataafa to go along the coast to the west and, in fact were going in that direction and not towards Mulinuu when the firing began, and that, on account of the state of the tide, it was not even possible at the time to pass the bay in canoes;

And whereas it is established not only that, on the arrival of the "Philadelphia" on the 6th of March, the Malietoans were completely defeated, and deported to distant places, and deprived of their arms, and unable to offer any resistance whatever to the victorious Mataafans, but also that in the last days before the beginning of the bombardment Mataafa was ordered away from Mulinuu by the United States' Admiral, and that the Malietoans were brought back there by the British and United States' military authorities, that a considerable quantity of arms was returned to the Malietoans, which arms in the beginning of January 1899 had been surrendered by them to the Commander of the "Porpoise" when, defeated by the Mataafans, they had taken refuge under the guns of that ship, that ammunition was distributed to the Malietoans from the reserve stock which, according to the arrangement in 1896 between the Treaty Powers, was to be kept for the use of the Samoan Government and served out to the natives only by the unanimous request of the three consuls, and that such distribution was made by the British and American authorities without the consent of the German Consul;

CONVENTION-SAMOA. DECEMBER 2, 1899

Convention between the United States, Germany, and Great Britain to adjust amicably the questions between the three Governments in respect to the Samoan group of islands. Signed, December 2, 1899; ratification advised by the Senate, January 26, 1900; ratified by the President, February 13, 1900; ratifications exchanged, February 16, 1900; proclaimed, February 16, 1900.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas, the Convention between the United States of America, Germany and Great Britain, to adjust amicably the questions which have arisen between the three governments in respect to the Samoan group of Islands and to avoid all future misunderstanding in respect to their joints or several rights and claims of possession or jurisdiction therein, was concluded and signed by their respective Plenipotentiaries, at the City of Washington, on the second day of December, 1899, the original of which Convention, being in the English and German languages, is word for word as follows:

The President of the United States of America, His Imperial Majesty the Emperor, King of Prussia, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, desiring to adjust amicably the questions which have arisen between them in respect to the Samoan group of Islands, as well as to avoid all future misunderstanding in respect to their joint or several rights and claims of possession or jurisdiction therein, have agreed to establish and regulate the same by a special convention; and whereas the Governments of Germany and Great Britain have, with the concurrence of that of the United States, made an agreement regarding their respective rights and interests in the aforesaid group, the three Powers before named in furtherance of the ends above mentioned have appointed respectively their Plenipotentiaries as follows:

The President of the United States of America, The Honorable John Hay, Secretary of State of the United States;

His Majesty the German Emperor, King of Prussia, His Ambassador Extraordinary and Plenipotentiary, Herr von Holleben; and

Her Majesty the Queen of Great Britain and Ireland, Empress of India, the Right Honorable Lord Pauncefote of Preston, G.C.B., G.C.M.G., Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary:

who, after having communicated each to the other their respective full powers which were found to be in proper form, have agreed upon and concluded the following articles:

ARTICLE I

The General Act concluded and signed by the aforesaid Powers at Berlin on the 14th day of June, A.D. 1899, and all previous treaties, conventions and agreements relating to Samoa, are annulled.

ARTICLE II

Germany renounces in favor of the United States of America all her rights and claims over and in respect to the Island of Tutuila and all other islands of the Samoan group east of Longitude 171° west of Greenwich.

Great Britain in like manner renounces in favor of the United States of America all her rights and claims over and in respect to the Island of Tutuila and all other islands of the Samoan group east of Longitude 171° west of Greenwich.

Reciprocally, the United States of America renounce in favor of Germany all their rights and claims over and in respect to the Islands of Upolu and Savaii and other Islands of the Samoan group west of Longitude 171° west of Greenwich.

ARTICLE III

It is understood and agreed that each of the three signatory Powers shall continue to enjoy, in respect to their commerce and commercial vessels, in all the islands of the Samoan group privileges and conditions equal to those enjoyed by the sovereign Power, in all ports which may be open to the commerce of either of them.

ARTICLE IV

The present Convention shall be ratified as soon as possible, and shall come into force immediately after the exchange of ratifications.

In faith whereof, we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals.

Done in triplicate, at Washington, the second day of December, in the year of Our Lord one thousand eight hundred and ninety-nine.

And whereas the said Convention has been duly ratified on the part of each Government and the ratifications of the three Governments were exchanged in the Cities of Washington, Berlin and London on the sixteenth day of February, one thousand nine hundred, in the following manner, to wit, each Government handing to the Ambassadors of the other two, at its capital, its ratification:

Now, therefore, be it known, that I, William McKinley, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause 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 in the City of Washington, this sixteenth day of February, in the year of Our Lord one thousand nine hundred, and of the Independence of the United States the one hundred and twenty-fourth.

[SEAL]

By the President:

WILLIAM MCKINLEY.

JOHN HAY, Secretary of State.

AMERIKA

SAMOA

A History of

American Samoa

and Its

United States

Naval Administration

by

CAPTAIN J. A. C. GRAY MC, USN

Containing the preliminary "deed" or "grant" of cession of April 2, 1900 (which was ratified and confirmed by the "Instrument" of cession signed April 17, 1900).

AMERIKA SAMOA

On this, and the following pages, is reproduced the Deed of Cession giving the island of Tutuila to the United States. The English version is on the left, the Samoan, on the right.

We desire to make known with the greatest res-pect to your Susuga and His Afioga the President of the United States of America, we are now exceedingly grate-ful to the Great Powers for the care and protection in this country in past days, we will continue thus to be thankful. We rejoice with our whole hearts on account

TUTUILA

PAGOPAGO

2 APRIL 1900

AMERIKA SAMOA

Iland Susuga

a Commander B Tilley

O le SUI.KOVANA o le Unaite Setete o Amelika mo Tutuila.

Ua matou te fia faasilasila atu ma le ava tele i lau susuga ma lana Afioga, le Alii Taitai o le Malo o le Unaite Setete o Amelika, o lenei matou te matua faafetai atu i Malo Tetele ona o latou tausisi ma faamamalu i lenei atunuu i aso ua mavae, ua taupe ape a matou ma le faafetai tele. Ua olioli nei matoù mo lo matou loto atoatoa ona o tala ua ma ua ai matou ua faaiu nei fili-filiga o Malo Tetele ona o Samoa, ua faapea lo latou tautinoga" Tau ane le Malo o Amelika o le a pule i Tutuila ma Manua, ua le toe aia si isi Malo Papalagi iai Matou te faafetai atu i Malo Tetele ona o lena iuga, ua talia foi lena tautinoga e i matou ma loto fisfia, O lenei, IA SILAFIA LAU SUSUGA, UA SILAFIA FOI LANA API