TREATY BETWEEN GERMANY AND SAMOA.

Samoa Times and South Sea Gazette, Volume 2, Issue 71, 8 February 1879, Page 2

TREATY BETWEEN GERMANY AND SAMOA.

Treaty of Friendship between His Majesty the German Emperor, King of Prussia, etc., etc., in tho name of tho German Empire ; and their Excellencies the gentlemen of the Tainma, • in the name of the Government of Samoa. His Majesty tho German Emperor, King of Prussia, etc., etc., in the name of the German Empire of the one part, and their Excellencies the gentlemen of the Taimua in tho name of the Government of Samoa of tho other part, being desirous mutually to further and fasten tlioir amicable relations and their interests, havo decided to ooncludo a Treaty of Friondsliip. For this purposo they have appointed as their plenipotentiaries, that is to say: His Majesty tho German Emperor, King of Prussia, etc., otc. His Majesty's Captain (of corvette) Carl Uartnolomaous von Wurner, Commanding His Majesty's Corvette Ariadne, Knight of'the* Order'of tho

Royal Crown of the third class and of the Order of the Red Eagle of the fourth class, and His Majesty's Consul for Samoa and Tonga, Theodor August Ludwig

Webor, and Their Excellencies the gentlemen of the Taimua of Samoa. Tuia, member of the Taimua, and Lemana, member of the Taimua, and Meisake, Under-seeretary of State, wdio, after communicating to each other their full power, which were found to be iu good and due form, have agreed upon the following articles: Article I. There shall be peace and perpetual friendship between the German Empire of the one part and Samoa of the other part and also between their respective subjects without distinction of persons and places. Arlivlc 11. The subjects of both contracting parties shall enjoy in both countries the most perfect and perpetual protection of their persons and property ami furthermore Germans in Samoa and Samoans in Germany shall bo exempt from all war ' contributions, military requisitions, or j military services and especially the Germans in Samoa shall be exempt from oei cupation of their houses, lauds, and plantations by war parties.

Article 111. The Germans who reside (sojourn) in Samoa and the Samoans who reside (sojourn) in Germany shall enjoy perfect liberty of conscience and religious worship and they shall not in any way be molested, annoyed or disturbed ou account of their religious faith or on acoouut of the celebration of religious worship in their houses or churches. The subjects of both countries shall also have the right of burying their countrymen who may die in Germany or Samoa in places which they have acquired and established for that purpose and the burial services corresponding to their religious customs .shall not in any way be disturbed nor the graves be damaged or destroyed ou any account. In all these cases the Samoana in Germany have to submit to the laws and regulations of the country and to observe the Vespective manners and customs as also the religions propriety. The Germans in Samoa shall be held in that respect, to observe such laws and regulations as may be in future agreed upon between the two Governments, but meanwhile they shall not do anything, which would trespass upon the laws and regulations of their own country.

Article IK There shall be full freedom of commerce for German subjects in all parts and places of Samoa; they may enter unpreventedly with their vessels and cargoes of whatsoever kind into all places, harbours and waters of Samoa, sell the cargoes of their vessels and laud and store them and they may also send off produces of the country or articles of any other kind belonging to them, for loading their vessels. The German subjects shall not pay any taxes or duties or he submitted to any restrictions with regard to thoir vessels and cargoes which arrive or depart or with regard to the pursuit of commerce as long as such have not been especially agreed upon between the two Governments, but also in this case the German subjects shall always enjoy in Samoa the same rights ami advantages as the Sumoans or the subjects of the most favoured nation.

Articte V. Gorman ships of war shall be at liberty to enter into the harbour of (called) Saluafata to anchor and remain there to tako in supplies and to repair and the German Government shall furthermore be at liberty to make there at its own pleasure all such contrivances or arrangements that may he useful for German ships of war and their officers and crews. The .Samoa Government also agrees that the German Government may erect buildings on the shores of the said harbour for storing therein coal or any other supplies for the German ships of war and their officers and crews. The German Government shall also be at liberty to hoist their flag on the ground where tho station buildings will be erected, but tho sovereignty of the Government of Samoa over the harbour of Saluafata shall not in any way bo abridged or prejudiced thereby ; on the other hand the Samoa Government promises also not to do anything whereby the rights granted iu this article to the German Government may in any way ho prejudiced or made valueless. The harbour of Saluafata shall not bo closed on account of the rights granted by this article to tho German Government to the naval or mercantile ships of any such other nations for whom tho Samoan Government keep their other ports opened, but the Government of Samoa shull not grant to any other nation such rights with respect to the harbour of Saluafata and its shores as those granted to the German Government. German ships of war shall furthermore be at liberty to enter into all other places, harbours and waters of Samoa to anchor and remain thero to tako in supplies and repair in accordance with such laws as may be agreed upon iu future botwoen tho two Governments, and the Samoan Government also promises hereby that they will not in any way grant any privileges to any other nation before the Gorman Government with respeot to tho harbour of Apia and its shores, but that the Gorman Government shall always enjoy also in that respect the sumu rights oh other nations.

Arti.-h- IV. The subjects of <*ach of the two contracting parties may reciprocally with full liberty proceed to every part of their respective territories, undertaking voyages and journeys taking up their residence and carrying on commerce or trades, they may buy or rent there premises and lands cultivate and use them and erect thereon, houses, warehouses and stores mid shops. In all these cases the Samoans in Germany have to submit to the laws and regulations of the country and to pay the same taxes, duties and charges as tin' subjects belonging to the country. Likewise the Germans in Samoa shall observe such laws and regulations and pay such taxes and duties to the Samoau Government as may hereafter be agreed upon between the two Governments, but the German subjects shall therein always enjoy iu Samoa the same rights and advantages as the Samoans or tho subjects of the most favoured nation. Especially does the Samoan Government hereby guarantee to tho German subjects peaceable possession of all lauds in Samoa, which they have hitherto bought from Samoans in a regular manner and in accordance with the custom at the time and all further interference with regard to such lands are therefore excluded by this confirmation by tho Samoan Government of the ownership of the German subjects. The Germans shall therefore ho at litierty to make use of all their lands in Samoa without interference, to establish plantations thereon and to procure and employ the necessary labourers as well for such purpose as also in general for their wharves, business premises and houses.

Article VII. It remains with the German Government to determine the jurisdiction to which German subjects and their clients who reside (or sojourn) in Samoa, have to submit with regard to disputes between them or to offences and crimes committed against each other—but the determination of a jurisdiction and of proceedings with reference to disputes between German subjects and their clients residing (or sojourning) in Samoa of the one part and Samoans of the other part, as well as with reference to offences and crimes committed by the subjects of one of the contracting parties against those of the other, is reserved for an especiul agreement between the two Governments, including the necessary regulations with regard to the execution of the punishment of such persons who have been convicted and also with regard to mutual competency of applying compulsion for the appearance of witnesses at legal proceedings (trials). Meanwhile until the two Governments have thus agreed all disputes arising between Germans in Samoa and Samoans -hall be decided in the manner hitherto customary by the German Consul or his substitute in conjunction with an officer Samoan Government. Article VIII. All laws and regulations which the German subjects and their clients, residing (or sojourning) in Samoa will have to submit to, as well as all taxes and charges which they will havo to pay accordingly to the Samoan Government shall be deliberated upon between the German Consul or other persons appointed for that purpose by the German Government and officers of the Samoan Government, also all useful measures to bring about the observance of such laws and regulations by Germans in Samoa, but all such laws and measures which have been deliberated and agreed upon between the officers of the two Governments shall only come into force after obtaining the confirmation of the German Government. But any agreements which the officers of the two Governments have come to with regard to municipal arrangements or police, quarantine and Apia harbour regulations or with reference to a prohibition or regulation of the sale and supply of spirituous and intoxicating liquors to Samoans and native? from other islands of the Pacific Ocean by Germans in Samoa shall at once be observed by the German subjects in Samoa and as long as the German Government has not refused the confirmation of the same. But also in all these cases Gorman subjects shall always enjoy in Samoa the same rights and advantages as tho Samoans or the subjects of the most favoured nation and they shall not be submitted to any laws or measures whereby thoy are disregarded and prejudiced or injured in comparison to the subjects of other nations in Samoa.

Article IX. Besides those different agreements mentioned in the preceding articles it shall also bo reserved to an agreement between the two Governments to regulate the civil status or position or other matters not yet alluded to concerning the position of the subjects and clients of the one party during their stay in the dominions of the other party, as also the determination of the rights, competencies and obligations of mutual consular representation and all matters concerning the commerce which have not yot been settled. Article X. Tho Government of Samoa promises not to grant in their own country any monopolies, indemnities or real advantages to the disadvautoge of German commerce or of tho Hag and tho subjects of the German Empire. Artirle XI. Tho Government of Samoa promises to grant tho German Government as many rights as the most favoured nation as well in respect to all mutters alluded to in tho preceding urtioles of this treaty as also generally und as may be granted to any other nation in future.

Aitirk XII. The present treaty «h»l force and become valid trom the signing the same, but resurv •j. . the same becomes invalid again in cu its ratification on the part of the Genua Government should not take place within the space of twenty-four months from the date of its execution. Article XIII.

The present treaty consisting of thirteen articles shall be ratified and its ratification be exchanged in Apia as soon as possible. The ratification on the part ol the Government of Samoa shall take place at once after execution of this treaty and the respective document shall be kept at the Imperial German Consulate at Apia until the arrival of the ratification of tho German Government, under the condition that their deed of ratification shall be returned to the Samoan Government in enso the German Government should not ratify this treaty within the stipulated time. In witness whereof the plenipotentiaries of the two Governments 'have signed and sealed this treaty in two documents of tho same teuour.

Done at the Imperial German Consulate at Apia on the twenty-fourth day of Januiuy in the year one thousand eight hundred and seventy-nine. (L.S.) (signed) von "Werner (L.S.) (signed) Th. Weber (L.S.) (signed) Tuia (L.S.) (signed) Lhmana '(L.S.) (signed) Mlikakk.