THE SAMOA TIMES. "Sworn to no Master, of no Sect am I." SATURDAY, MAY 31, 1879.

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

THE SAMOA TIMES. "Sworn to no Master, of no Sect am I." SATURDAY, MAY 31, 1879.

Truly the American citizens resident in Samoa are to be pitied. For years past they have been in a continual turmoil, owing to the aotion of the various representatives of their country in this place who, with one or two exceptions only,' have proved themselves totally uußt for the office to which they had been appointed. Tho present American Consul has now made a start in the footsteps of his predecessors, and is apparently desirous of displaying a little factions opposi tion to what is certainly a boon to the community.

A few days ago a couple of British half-castes behaved in a riotous manner upon the premise* of Mr. Smalley, an American citizen, and in order tr> have the half-castes punished, Mr. Smalloj took out summonses against them in the High Commissioner's Court. Iu accordance with Article 148 of the -Western Pacific Order in Council of 1»77, Mr. Smalley made application to the American Consul for permission to appear before the High Commissioner's Court to pi-ess the charge against those of whom lie complained. To this the United States Consul wrote, iu endowing the complaint, "My consent is hereby granted to Alfred S. Smalley, an Americau cituen, to lay the above complaint before H.B.M. Acting Consul, Qobt. 8. Swanston, Esq., for trial of the same." Upon noticing this, the Deputy Commissioner wrote to the Uuited States Consul, informing him that as Consul he had no magisterial powers, but that the request was that Mr. Snialley be allowed to press hi* owe before the Deputy Commissioner, jjrthe High Com-

uitssioner's Court, an J asked that the con - wut be amended. Ju reply to this the United States Consul wrote (m will he seen by the copy of his letter published in another column) to the effect that he questions the.leg&lity of the Court.

Now mark; the United States Consul objects to the High Commissioner's Court,' hut not to a Consular Court. There seems to us to be a strange piece of inconsistency in this, which looks very much like straining at a goat and swallowing .•camel. If the British Government have no legal right to try cases .against their own subjects in a Court called the. High Commissioner's Court, they certainly have no right to try them in a Court called a Consular Court. The High Commissioner's Court was established for the better government of British subjects in these islands. Heretofore British subjects could commit any act of felony or otherwise they chose, and receive no punishment for it, but now they are as liable for the most trilling offence as the greatest. The High Commissioner's Court has no jurisdiction over any but British subjects. That means that an American or any other foreigner (with the consent of his Consul) may bring a case against a British subject, but a British subject cannot bring one against any other foreigner unless the delinquent is not only willing to come into Court himself but has received the consent of his Consul so to do. The case in point was one in which an American wished to seek redress from a British Court for the riotous behaviour of British subjects, and he is prevented from doing so because his Consul is uot clear in his mind that Great Britain has a right to punish her own subjects. The Deputy Commissioner expressed his regret that his hands had been thus tied in this matter by the United States Consul, whose letter was read in Court to Mr. Smalley to satisfy him that the difficulty did not lie with the High Commissioner's Court.

Had this Court been established only -within the last lew weeks, there might have been some excuse for the United States Consul questioning the legality of its actions; but when it is considered that it has been established over twelve months, and that one of the first cases brought into it was at the instigation of the late United States Consul, the defendant in which received twelve month's imprisonment, there is no excuse for him at all. There can bo no doubt but that the United States Government received full information concerning that trial, and had they been of opinion that Great Britain had no right to establish such Courts for the punishment of their own subjects, and that Amcrioans were to be debarred from entering those Courts as prosecutors, they would ere this have informed the Uuited States Consul here of the fact.

The only reason assigned by the United States Consul for refusing to acknowledge the High Commissioner's Court is that he is not clear in his own mind about the right of any one' Government to establish an independent - jadiciary within the territory p_f any other free and independent' Government ""TUUliftut- some treaty stipulation to that effect. l)oos Samoa possess a free and independent Government ? We decidedly say no, notwithstanding that the United States may have a treaty with those who chose to call themselves the Government, Evan udmittiug that the so-called Samoan Government had been i, legally constituted body, the United States Government have had a very poor opinion of its independence, when they were so particular that American citizens should be tried before, and punished by, the United States Consul. Admitting, also, for the sake of argument, that tho Government of Samoa is a fret and independent Government, by what right does the United States Consul presume to dispute the legality of the establishment of a court which that free and independent Government not only allows to exist without protest, but actually acknowledges ? It is certainly, to say the least of it, a most useless quibble, and one for which there Ls no do'ibt the United States Consul will receive the censure of his Government.

Wo have been under the impression that it was tho duty of a United States Consul to look after the interests of his fellow-citizens, and to do all in his power to aid them in obtaining redress for wrongs done them. But how has Mr. Dawson carried that out in the present case ? Through this little caprice of his he has not only l>cen the means of Mr. Smalley losing the casts of the oase, but has left it open for American citizens to be robbed, beaten, or even murdered by British subjects, without auy redress. This state of things, of course, will only last for a few months, until the United States can be communicated with. We do not hesitate to say that the United States Government will not be so shortsighted iu this matter as their representative hart, Thuy will not fail to see the great benefit these courts may be to

their fellow-citizens in these distant part.-.. Be that as it may, the recognition 01 otherwise of the High Commissioner's Court by the United States Government will not make one iota of difference to its existence. If the United States Gorernnient refuse to recognise the Court American citizens residing here will alone bo the sufferers.