HIGH COMMISSIONER'S COURT.

Samoa Times and South Sea Gazette, Volume 2, Issue 87, 31 May 1879, Page 2

HIGH COMMISSIONER'S COURT.

On Wednesday last a case was called on for hearing in the High Commissioner's Court, before Robt. S. Swanston, Esq., Deputy Jommissioner, in whioh Alfred S. Snialley, landlord of the Eagle House, Matafele, was the plaintiff, and two British half-castes, named respectively Edwin and Edward Huut, were the defendants. The defendants were charged with riotous and disorderly conduct. Mr. Smalley is an American citizen, and on the parties appearing before the Court the Deputy Commissioner addressed the plaintiff and expressed his regret that owing to a letter he had that morning received from the American Consul, he was not in a position to try the case The followiug is a copy of the letter: —

'• Apia, 27 May, 1879. " My dear Sir, —in reply to tout request of this date I must sav that as I am not clear in my own mind about the right of any one Government to establish an independent judiciary vithin the territory of any other free and independent Government without some treaty stipulation to that effect, I should not like to give my official consent to any legal proceedings within couits so established without first submitting the question to the approval of my Government, which I will do at the earliest opportunity In the meantime I very much regret it if any inconvenience shall arise to anyone. " Yours very truly, " Thomas M. Dawson, " United States Consul " Rob. S. Swanston, Esq , " H.B.M. Acting Consul."

The Deputy Commissioner said thai as the plaintiff's Consul thus declined to admit the legality of the High Commissioner's Court, ho could not get any redress as against British subjects. He much regretted it, especially as he was aware that the half-caste boys were in the habit of annoying both residents and strangers, but as the American Consul had declined to acknowledge his (the Deputy Commissioner's) right to deal in the matter, ho could simply dismiss the case.

The plaintiff, through his counsel, asked the Deputy Commissioner if he could not postpone the case. The Deputy Commissioner replied that he sympathised with the pkintiff, but that in consequence of the opinion held by plaintiff's Consul, he could not do anything in the matter, and s.: long as tho American Consul decliued to admit the legality of the High Commissioner's Court he could not entertain any ooniplaint made by an American citizen againsi a British subject, no matter how serious or of what, nature wastka offence Mr Ohas. H. Rawson appeared for the plaintiff