THE SAMOA TIMES. "Sworn to no Master, of no Sect am I." SATURDAY, FEBRUARY 15, 1879.

Samoa Times and South Sea Gazette, Volume 2, Issue 72, 15 February 1879, Page 2

THE SAMOA TIMES. "Sworn to no Master, of no Sect am I." SATURDAY, FEBRUARY 15, 1879.

"WHATEVER right the iSaiuonius may have had to be classed as a free and independent nation, they certainly have none now. There independence partially went from them when they signed the Treaty ■with the United States. By that document they had their hands tied so that they could not charge import or export duties upon goods coining or going in American vessels. But they were eondessnJingly allowed to charge half a cent per ton tonnage duos, and.if they ehoao, for aught the treaty said to the eontary, they had full and free liberty to tax the resident Americans how they liked. How different is it now, however \ On the 24th of last month the Taimua and Faipule, who are called the "Government," signed away the remainder of their independence, uud allowed themselves to be securely bound hand and foot by the Gt'rhiaai Treaty. They have not loft themselves the power of even collecting the ridiculous sum of one half cent per ton tonnage, and consequently, as the American Government have been granted the same privileges as the most favoured .nation, it in only natural to expect that they will refuse to allow the Samoan ' Government" to collect anything from them.

The German Treaty, which was signed by tho Sauloall Plenipotentiaries on the

twonty-foiutu of last month and ratified on the twenty-fifth by the so-called ' " Government" of Samoa, is a somewhat lengthy one. , The want of confidence, ou the part of the Gorman l'lenipotonjtih,rie>;,iii tho ability of the '• Goveru"inont" to govern the country, is marked,

an plain as a j>iko stall, in every Article of the treaty except two, by the fact than they will not nllow them to make a Bhigle law without first submitting the matter to and obtaining the consent of the Gcr- , man Goverment. In the 2nd Article the Samnans, without the help of the German Government ]jroini.so that tlio German* in Samoa shall enjoy the most perfect And perpetuul protection of their persons and property!, We sincerely hope that the Samoaua will he able to carry out this part of the treaty in its entirety, but wo are very innoli afraid that without some ontaitlo help they will very soon be called over tho coals for a breaoh of tho treaty. Clause VI. which appears to be the > one fir which the treaty was m»de i» tho next whioh calls foj attention. The following paragraph in it is decidedly ambiguou*. '■ JUspedidry does tho Samttui j Government gunraiitee to tho German |, ■ubjeots peaceable possession of all lnnds I, in which they havo hithei to i

Ixnight fioni Samoaes- in a rnfoAtr man- | Htf Oful in uiiVrJouee kM tkr cvdtm at. thf timr, ami all Jill-tip- inter/*,: ,a* tcilh regard to t wh lamt* ij| tt„iyl'ort *tctml*t Uj this confirmation In the Sajnoaii Gowrnraent of the owntuship of the German subjects." . If the reference is merely to land in dkpute between GaansiJ ami Samoana alone, then foreigner* cl other nationalities have no right to complain of the insertion of this clause. But as it hint been left an open queadod whether intentionally or not we cannot say, America through her treaty has a right to demand equal privileges in the matter of land claims for any of lier eitiaens, and British subjects may fairly amine that their land claims are in clanger and may justly protest against the ratification at Berlin of clause VI. as it now stands. No light unfortunately has been shod upon thu intended interpretation of the words " regular manner " and " custom at the time " and we are left in the dark as to whom " interference " is expected from. The American Government is at liberty to interpret tfieui as it chooses, and to act accordingly. Great Britain having no treaty with Samoa, can only point out to the German Government that the clause as it now stands may ho' interpreted and acted on in a way injurous to her interests' in these islands. She can at any future time, should injustice be done to auv of her subjects through tne operation of" the treaty, ask for redress; at the hands of the Samoan Government, and of course, if necessary, enforc£ her demands. So mi ch for cla«*Jß-/sfljf in its relationship to foreigners. As Regards the Samoans its operation is clear. No Laud's Commission having been appointed the mouth of the Sabioan nation is shut. No distinct interpretation of" the words " regular manner | and " custom at the. time" having been given, the Imperial German Consul vail be entitled to hear and decide all German laud claims in his private office i his decisions too will be final as regards Samoans interested in them. The American Consul we presume will do the same..- And this brings us to file jioint veully bt issue. It is this. Is it competent for the Samoan Government to guarantee titles to land without enquiry into the|r validity .' We unhesitatingly say \No. Were the land claims in Samoa wholly Goruan, was no laud held or claimed by foreigners of other nationalities, and was land tenure in Samoa different to 'what it is, then the Samoan Government would have the right to hand over any qu.intitv of land without enquiry ami-could do so without tiie question of '•.interference" being raised. We do not wish to be misunderstood. We don*t inean to imply that the German lan/1 claims will bo settled with scant justice to We well know that there are natives who have sold their land, received their money, and who would now, in order to get it back again, swear that black was white. We certainly consider that the Germans have a right to ail land legally bought. No one regrets more than we do the ambiguity of a, portion of clause VI. The clauso as it now stands will convoy to the outside world the impression that the Germans are desirous of grabbing all the land they eftu, an\ are seeking to avoid , any enquiity as to the title.