CORRESPONDENCE.

Samoa Times and South Sea Gazette, Volume 3, Issue 111, 15 November 1879, Page 2

CORRESPONDENCE.

♦ We are always willing to give insertion to letters of explanation or interest, but we wish it to be distinctly understood that we do not endorse the opinions expressed, or language used, by our correspondents. Our ideas of passing events will be found in our local or editorial columns. TO THE EDITOR OF THE SAMOA. TIMES. Slit, —I ask the question,—was it impossible for the Consuls to stop the natives from fighting,, or rather, murdering one another? The representatives of three great nations put their names to a document which was distributod anions the natives, stating they would use their endeavours to prevent the natives fightiugfqr something to that effect). Pid they do it, or even make the attempt'to do it? At any rate tho natives as a liody expected they would do so. The Taimua and Fnipulo expected they would make the attempt, so did the Itu-o-tane people that first tame across to Upolu. Thoy were only a small lot; sent forward as a feelor to see if the Consuls of the great nations would intervene, and demand their return to Savaii. They were a whole week in Anna before they made a movement to meet tho King party as enemies; and seeing no signs of a movement among the representatives of the great nations to prevent a war, a message was sent for the remainder of the Itu-o tane to cpmo across to Upolu. The Puletua of Aana also were eagerly on the watch for the Consuls to interfere, and prevent strife. Thoy saw no signs of it and so to prevent a possibility of their property being a second time destroyed by the old Malo party, by whom they were threatened, a party from each town joined the old Malo to fight against tho l'uauiasaga. Again, Faasaleleaga and tho Itu-o-fatine waited to see the Consuls move, and seeing no movement they held back. All these'native parties pass the letnark that there is no one "mau" of the great nations, oarriod, through or coma to pass. That is, there is nothing the Consuls have said, thoy would do, that they have done it,—something or other has prevented them doing it. They say it is all idle words, or windy words. The old Malo people believed it to bo only a throat, — that all the parade of words and letters meant nothing serious, and uow laugh at k as a joke. ■ The louk and , short of it is this, that thoy could have stopped the war, and prevented the natives fighting. They would have been only Wo glad to have had the Consul; intervene: to have'had an excuse whereby . the Itu-o-tnni could have gone, back to Savaii and loft the old Malo to themselves. It is quite time that ihe foreigners should have some share in the government of these islands. They are very (ergo land owners, and also as representing the trad* and commerce of those islands, and should be so strong in the Government as to prevent' this kiniiol fighting, ransacking and pillaging houses and destroying evory thing useful to the human body. They parmlise commerce by destroying commercial articles; they bring sickness and deformity on tho body by destroying articlos of food; and they ruin foreigners by destroying 'their proa. What gooil for natives' or for jurakvo all .their wars donor 1 ■i*\)itngi«irs - huld nevon-vtohths of Upolu « thrir land in fee *imnl«, and to take tho tbreo largest islaNw of the group, foreigners hold live-eighths'as their land. never to be looted out of their grip. It

is time that.the'foreigners should look mote to the governing of the affairs of these islands than they hnve done; and also to put a stop to the vacillating policy aud ways of being easy to the natives in matters relating to "the welfare of all parties-. • ,; »- I am, &c, Looker Ox. November 10th, 1879.

TO THE EDITOR OF THE SAMOA TIMES. Siß,—The publication in a recent number of your paper of the Court proceedings in the case of Mr. Dawson, against myself, gives uio au opportunity 1 have for some time desired of stating my views respecting the character and powers of the Neutral Territory Government and Court. There seems to bo a general popular opinion in Apia that the Consuls as a governing body are invested with extraordinary, in fact unlimited powers in regard to all matters within the neutral territory. Such a view is most'erroneous and I think a few words will suffice to show its fallacy. The argument is a plain one, and can bo understood by any one of intelligence aud common sense. The training of a lawyer is not necessary for its comprehension. The temporary cession of neutral territory by the Samoan Government to the three Consuls and the accompanying delegation of powers gave them all the authority which they have in the premises. The fact that the individuals who received the cession were Consuls makes no difference, they acquire uo more authority from that eircumstance than if they were private individuals. The Consular authority eomes from home, aud is limited and regulated by home laws. It can neither be enlarged or diminished by the foreign Government. The Government of the Neutral Territory therefore by the Consuls and the Court oreated by them derive their existence and their powers sololy from the Samoan Government. Their authority is a delegated Samoan authority, and their Court nothiug more •or less than a Samoan Court. They could not exercise any greater' or wider authority than a Samoan one without the oonscnt of the foreign nations interested, and that consent never has been given aud never will be', for no nation will ever place its citizenß under the control of foreign Consuls when it has a Consul of its oww with ample powers. The Neutral Territory Government and Court can do all acts which the Samoan Government or a Samoan Court could do were the Government in full possession, but they can do nothing more. They have only a delegated power, and under that delegation they can exerciso no more authority than could be exercised by him who delegates it. The Samoan Government could not lawfully delegate to other persons any powers which it did not itself possass. This proposition is self-evident, and must commend itself to every one's eouiniou sense ; it furnishes the key to the -solution of the whole problem. To t'etenniue in any ca.se whether the Consular Government of the Neutral Tcrritorry either exeoutive or judicial is exceeding its proper powers it is only necessary to onquire,—could tte Samoan Government if it were re-estab-lished, or a Samoan Cjurt do thoso acts ? If they oould, then the Consuls can; if they could not, theu the Consuls can not. Remembering the prinoiples just stated that the Consuls exercise a, delegated authority, and that the Samoan Government could not delegate what it did not itself possess, let us see, in the case referred to, whether the Consuls have not exceeded their powers. A oitycen of tho United States is arrested by order of the British Consul fur an assault upon another citizen of tho United States, and taken before tho Neutral Territory Court and held for trial. What colour of law was thore for such a proceeding ? Could tho Samoan Government have done suoh an aot ? Clearly not, for it has given up all its rights over United States citizens in all such cases by the Ist clause of the 4th article of the treaty with tho United States, which provides that " All disputes between citizens of the United States iu the Samoan Islands whether relating to oivil matters or to offences or crimes shall be heard by the Consul of' the United States at Apia Samoa under such regulations and limitations as the United States may provide." Can anything lie plainer thau that? Cau anyone' in his senses say that the Sainoau Government by that clause did not give up all rights over United States citizens m all such oases ? And if the Government itself had no rights in tho premises how could its mere creature, its shadow, existing only for a temporary purpose claim authority f The Neutral Territory Court assumed a jurisdiction which it had nut a colour oi right to assume, and Mr. Dawson did his duty when ho stopped the prooeodiugs just where he did. In fact, as a U. S. official, he oould not lawfully hivo refrained froni stopping thom. They were an outrage upon an American citizen. 'Therefore the remark by tho Court that it regretted that thn cose could not go on savoured''more of baffled personal vin die ti venoss than' of j ud icial - fairness aud impartiality, and the generally oxpressed opinion of the pubho'to tboaoiuo effect proceeded from a mistaken view of th* jurisdiction of tho Court/ for J cannot believe that any community, for thu «*ke of regaling itself with the exhibition would wish toseo a man tried for any offenco by a Court which had no right to try him. But uonioono.urgos that the law which provides for trial before a United States Consul may bo futile when tho Consul himself happens to ho a party. Suppose

it isi is it any reason for a man's being Illegally." tried 1 because, through, a defect of the.law, he oahuof be legally tried f Every man UWtitled to every legal advantage for his defence, and no defect of law or proof will justify a Court in going outside' of the" law or the evidence to eunviot him, If he cannot lie proved guilty in a proper tribunal, and in a legal manner, ho must go free. But practically in the case in point there is no such difficulty. The Consul under the general rules is at liberty to appoint a Vice-Consul (under certain limitations) and in this instance hud received express instructions to appoint such Vice-Consul. Another reason which has Jbeen urged for allowing the Neutral Territory Court greater latitude than it would otherwise have, is one of public policy, that is to enable it to preserve the peace in Apia. That is a desirable object doubtless, and practically the court in question is more energetic and efficient to that end thau an actual Samoan one would he. But to accomplish that purpose it is not necessary for the court to exceed its jurisdiction. The same powers exist iu the respective Consuls aud judicial officers as formerly to punish their own countrymen, and these powers are amplo. When supplemented by a vigorous Samoan Court (as this is) there are abundant means of preserving the peace without any party exercising unwarranted functions. Apia can he governed without this creation by the authorities of a " Reign of Terror/'. One point to whioh I will allude in conclusion, is this, that nothing can be' more to the discredit of a court, or reflect more unfavourably upon the character of its proceedings than.the refusal to allow a prisoner counsel. That was done by the Neutral Territory Court in my case, aud I am informed is the rule in every case. That fact alone would stamp the proceedings of any court, before any community in the civilised world as illegal and oppressive. It is more worthy of the days of Tortjuemada, of the Court of Star Chamber, and of the "Council of Blood " than of the liberty and enlightenment of the nineteenth century. The right to counsel in all eases is guaranteed by- the Constitution of tho U.S., and is an established principle never sought to he tampered with in England. In tho U.S. a criminal trial is not allowed to proceed until the prisoner has counsel, and if he cannot himself employ an advocate ono is appointed for him by tho court. Oue needs to visit Samoa to obtain new views respecting personal rights aud liberties, and to be more thankful to God than he otherwise wouK have been for the blessings he enjoys at home. Theodore A. Loud. Apia,* Samoa, Nov. 14, 1870.