Untitled

Samoa Times and South Sea Gazette, Issue 42, 20 July 1878, Page 2

TO THF EDITOR OF THE SAMOA TIMES. Sir. —The remarks of Her British Majesty’s Consul Mr. Swanston at his meeting with the Taimua and Faipule arc, like those of the Heathen Chinee, extremely “child-like and blond,” but, although courtesy may acquit him, still International Law will hardly support him. Mr. Swanston is reported to have said “that ho was forced by the resolution of the Taimua and Faipule to notify them that over British interests, persons and property they had no control or authority, the British representative for the time being was the only person who could deal with England's sons." With reference to the views expressed by Mr. Swanston, Chitty's Law of Nations, p. 2, says, “Every nation that governs itself under what form whatever without depeudanco on any Foreign power is a Sovereign State: its rights are naturally the same as those of any other State.” Again, Wheaton, one of the greatest authorities upon International Law, says, in his Treaties on International Law, at p. 21, “The internal sovereignty of a' State does not in any .degree depend upon its recognition by other States. A new State springing into existence does not require tho recognition of other States to confirm its internal sovereignty. The existence of a state de facto is sufficient in this respect to establish its sovereignty dc jure.”

The doctrine above stated has been so clearly established and supported by numerous other eminent authorities that it is difficult to understand how Mr. Swanston's dictum can be upheld. If the Taimua and Faipule is not sufficiently well established as tho governing power of Samoa, then why did H.E.Sir Arthur Gordon, as Mr. Swanston confesses, offer on the part of Great Britain to treat with that body, and to accept a treaty from it. And why has the representative of His Imperial Germanic Majesty repeatedly expressed the willingness of his Government to make a treaty of commerce and friendship with the Taimua and Faipule ! If the Taimua and Faipule is the governing power of Samoa and has been recognised as above mentioned, then it follows, from the principles above adduced, that it has a right to exercise internal sovereignty over all persons resident within its jurisdiction, subjoct to tho curtailment of such sovereignty and jurisdiction by treaty, and that its recognition or non-recognition by the great Powers is not with regard to this matter essential in the slightest degree. Surely Mr. Swanston is upon tho horns of a dilemma. If he is right then the othor authorities on international law must be wrong and his Excellency Sir Arthur Gordon's action must have been erroneous.

That treaties of a satisfactory nature will be eventually made between Groat Britain and Germany and Samoa i 3 naturally the earnest desire of all persons who have at heart the welfare of country, but it difficult to see how the absence of treaties with theso powers affects the internal sovereignty of the country or that any delay or reluctance to enter into such treaties oan justify any encroachment upon the right of the governing power or any attempt to ignore or infringe the principles of international law.

It can hardly be doubted that the Samoan Government will shortly establish a better order of things under which the foreign residents will have greater facilities for the investigation and settlement of whatever difficulties may arise, but the benofit that can be done by factious opposition to this improvement, and is, to say the least of it, very doubtful Cui bono ? I am, Sir, Yours &c, LEX.