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above stated, New Ireland, New Britain, and the adjacent western half of the Solomon group passed under the dominion of Germany, and certain islands west of the line to Great Britain.

"On the 1st of August, in the same year, the latter Government took possession of the Kermadec Islands, and by the imperial decree of the 13th of the ensuing month the Marshall, Brown, and Providence Islands and groups were occupied by Germany.

"As the result of what has been above detailed, of the vast aggregate of territory in the Pacific Ocean, but a few island groups, containing a few thousand square miles, remain to-day as independent and

autonomous.

“Long anterior the United States had acquired, by discovery and occupation, the uninhabited island, or ocean reef, of Midway, as a possible coaling station.

"In view of these facts, it is unnecessary to emphasize the importance attached by this Government to the maintenance of the rights to which the United States has become entitled in any of the few remaining regions now under independent and autonomous native governments in the Pacific Ocean,"

Mr. Bayard, Sec. of State, to Mr. Pendleton, minister to Germany, January 17, 1888, H. Ex. Doc. 238, 50 Cong. 1 sess. 109, 111-113.

Germany and Sa

moa.

In September, 1888, a native revolt took place against the Government of Tamasese. Mataafa was proclaimed king by Hostilities between the opposition, and a civil war ensued. On January 10, 1889, Count Arco, the German minister at Washington, informed Mr. Bayard that the German commander in Samoan waters, after notice to the commanders of the American and British men-of-war, had landed forces for the protection of German plantations; that these forces on landing were attacked by the Samoans, under the command of an American named Klein, and had suffered a loss of fifty men in killed and wounded. A state of war with Samoa was therefore announced by Germany, and Count Arco was instructed, as an American was alleged to have commanded the attacking Samoans, to make a complaint to the United States. At the same time he was ordered to say that the treaty rights of the United States would be respected by Germany under all circumstances, as well as all the rights of the treaty powers. The German Government also invited the United States to join in an active effort to restore calm and quiet in the islands, in the interest of all the treaty powers."

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The Government of the United States replied that it had no knowledge, nor any reason to believe, that Klein was a citizen of the United States, and that it was certain that he "was not, and never had been,

as. Ex. Doe. 68, 50 Cong. sess.

See the full text of Prince Bismarck's communication, subsequently made, H. Ex. Doc. 118, 50 Cong. 2 sess. 15.

in any way connected with its public service, nor acting under color or pretense of its authority." The President had already given orders looking to the protection of American citizens and their property in Samoa, and was ready to give his cooperation for the restoration of peace and order in the islands; and to this end it was suggested that, as the free election by the Samoans of a king was a point agreed on in the summer of 1887, the carrying out of that measure would tend to allay the existing strife. It was also stated that Admiral Kimberly, commanding the United States naval forces in the Pacific, had been ordered to proceed in his flagship to Apia, and the hope was expressed that instructions based on principles of friendly justice and considerate moderation would be given to the commanders of the imperial naval forces."

Instructions to Admiral Kimberly.

Admiral Kimberly was instructed that the United States was willing to cooperate in restoring order in Samoa "on the basis of the full preservation of American treaty rights and Samoan authority, as recognized and agreed to by Germany, Great Britain, and the United States," and that the German Government had been so informed. He was to extend full protection and defense to American citizens and property, and inform himself as to the situation; to protest against the subjugation and displacement of the native government by Germany, as in violation of the positive agreement and understanding between the treaty powers, but to inform the representatives of the British and German Governments of his readiness to cooperate in causing all treaty rights to be respected and in restoring peace and order on the basis of the recognition of the Samoan right to independence. President Cleveland, in communicating these papers to Congress, said: "Acting within the restraints 'which our Constitution and laws have placed upon executive power, I have insisted that the autonomy and independence of Samoa should be scrupulously preserved according to the treaties made with Samoa by the powers named and their agreements and understandings with each other. I have protested against every act apparently tending in an opposite direction, and during the existence of internal disturbance one or more vessels of

President Cleveland's message,

Jan. 15, 1889.

a Klein, and three natives who were with him, swore that he advised the natives not to fire, and hailed the German boats to warn them of their danger; that the German marines fired first, and that he did not advise the Samoans to return the fire. Two other natives swore that he hailed the boats, but that he took command of the Samoans in the ensuing fight. (Correspondence respecting affairs in Samoa, printed for the use of the Am. Commissioners to Berlin.)

Mr. Bayard, Sec. of State, to Count Arco, German min., Jan. 12, 1889, S. Ex. Doc. 68, 50 Cong. 2 sess. 19-21.

Mr. Whitney, Sec. of the Navy, to Adm. Kimberly, Jan. 11, 1889, S. Ex. Doc. 68, 50 Cong. 2 sess. 21.

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war have been kept in Samoan waters to protect American citizens and property. The attention of the Congress is especially called to the instructions given to Admiral Kimberly, dated the 11th instant, and the letter of the Secretary of State to the German minister, dated the 12th instant, which will be found among the papers herewith submitted. The subject in its present stage is submitted to the wider discretion conferred by the Constitution upon the legislative branch of the Government." a

Prince Bismarck's

assurances.

On January 31, 1889, the minister of the United States at Berlin, on the strength of advices from Apia that the German consul had declared his Government to be at war with Mataafa, and Samoa to be under martial law, was instructed to say that the United States assumed that German officials in the islands would be instructed carefully to refrain from interference with American citizens and property there, since the United States could not concede that German jurisdiction could be extended by the declaration of martial law so as to include control of Americans. Prince Bismarck replied that, although to a certain extent international law would not prevent such a measure, he was of opinion that the military authority had gone too far in the particular instance, and that instructions had been given to withdraw that part of the proclamation which related to foreigners. The German consul had also been instructed to withdraw a request which he had made to the native authorities that the administration of the islands might be temporarily handed over to him, such a request not being in conformity with previous promises touching the neutrality and independence of Samoa.' On the 28th of January, 1889, the German minister at Washington stated that a proposition from his Government for a conference was on its way by mail. It was communicated to the Department of State on the 4th of February. It proposed "a resumption of the consultation which took place between the representatives of Germany, England, and the United States in 1887, at Washington, and at that time adjourned without any possibility of their representatives coming to any agreement." Berlin was suggested as the place of meeting. It was also stated that it was not the intention of Germany to put in question the independence of the island group nor the equal rights of the powers.

Renewal of conference.

The proposals of Prince Bismarck were accepted with a statement that it appeared to be essential that a truce should be forthwith proclaimed and further armed action arrested, and, except as the situation might be changed by the free election of a king by the natives, that the affairs in the islands should remain in statu quo pending the conference.

a Message of Jan. 15, 1889, S. Ex. Doc. 68, 50 Cong. 2 sess.

H. Ex. Doc. 102, 50 Cong. 2 sess.

eS. Ex. Doc. 102, 50 Cong. 2 sess.

With certain ultimate reservations, these conditions were accepted, and it was agreed that a conference should be held; but, in view of the approaching end of the Administration, the appointment of plenipotentiaries on the part of the United States was left by President Cleveland to his successor."

General act of
Berlin.

The plenipotentiaries appointed by the United States were Messrs. John A. Kasson, William Walter Phelps, and George H. Bates; by Germany, Count Herbert von Bismarck, Baron von Holstein, and Dr. Krauel; by Great Britain, Sir Edward Malet, Mr. Charles Stewart Scott, and Mr. Joseph Archer Crowe. The instructions of the American plenipotentiaries were signed by Mr. Blaine, as Secretary of State, and bore date April 11, 1889. They were comprehensive in their nature. With regard to the plan presented by Mr. Bayard in the conference of 1887 for the establishment in Samoa of an executive council to consist of the Samoan King and vice-king and three foreigners, one of whom should be nominated by each of the three treaty powers, but who should be appointed and paid by the native Government-a plan which was to be carried out through identic, yet separate and independent treaties with SamoaMr. Blaine said: "This scheme itself goes beyond the principle upon which the President desires to see our relations with the Samoan Government based, and is not in harmony with the established policy of this Government. For, if it is not a joint protectorate, to which there are such grave and obvious objections, it is hardly less than that, and does not in any event promise efficient action." The plenipotentiaries were also to propose as the basis of the conference the restoration of the status quo as it existed in 1887.'

с

The representatives of the three powers met in Berlin April 29, 1889. At the first conference Count Bismarck stated that Malietoa, having "expressed his regret and the earnest wish to be reconciled with the German Government," had been released and was at liberty to go wherever he pleased. This statement was received with expressions of satisfaction by the American and British delegations. At the ninth and last formal conference, June 14, 1889, there was signed what was described as the "General Act of the Conference at Berlin. The discussions in the conferences were conducted, and the protocols drawn up, in the English language. The principal features of the government planned by this treaty were a supreme court, to consist of one judge, styled chief justice of Samoa, who was to be appointed by the three treaty powers, or, if they could not agree, by the King of Sweden and Norway; a municipal government for the district of Apia, by a council whose president was to be agreed upon by the powers; a special commission for the permanent settlement of c For. Rel. 1889, 353.

a Confidential Executive E., 50 Cong. 2 sess.
For. Rel. 1889, 195, 198, 201.

d Id. 367-368.

claims and titles to lands, and a system of revenue consisting of import and export duties, capitation and license taxes, and certain occasional duties.a

The Samoan Government gave its formal adherence to the treaty,

ministration.

and it was put into operation. Difficulties were, howDifficulties in ad- ever, encountered in the administration of the new government. A part of the natives, under the lead of Mataafa, opposed the new government and disregarded its processes till, in July, 1893, civil war again broke out. The treaty powers then intervened with their naval forces to maintain Malietoa, who had returned to the islands and been reelected as King. Difficulties were also encountered in separating the jurisdiction of the supreme court and of the municipal council of Apia. The native hostilities were after a time suppressed, and Mataafa and eleven other chiefs deported. But hostilities broke out again in March, 1894, the rebels being this time under the lead of Tamasese. Under such conditions, the revenues of the islands proved to be insufficient to meet the expenses of government, and the treaty powers were obliged to make the necessary advances.

"In my last annual message I referred briefly to the unsatisfactory state of affairs in Samoa under the operation of the Berlin treaty, as signally illustrating the impolicy of entangling alliances with foreign powers, and on May 9, 1894, in response to a resolution of the Senate, I sent a special message and documents to that body on the same subject, which emphasized my previously expressed opinions. Later occurrences, the correspondence in regard to which will be laid before Congress, further demonstrate that the Government which was devised by the three powers and forced upon the Samoans against their inveterate hostility can be maintained only by the continued presence of foreign military force and at no small sacrifice of life and treasure. . .

"The present Government has utterly failed to correct, if indeed it has not aggravated, the very evils it was intended to prevent. It has

a President Harrison, in his annual message of Dec. 3, 1889, expressed the hope that the treaty would result in "the permanent establishment of law and order in Samoa upon the basis of the maintenance of the rights and interests of the natives as well as of the treaty powers."

"An appalling calamity befell three of our naval vessels on duty at the Samoan Islands, in the harbor of Apia, in March last, involving the loss of four officers and forty-seven seamen, of two vessels, the Trenton and the Vandalia, and the disabling of a third, the Nipsic. Three vessels of the German navy, also in the harbor, shared with our ships the force of the hurricane and suffered even more heavily. While mourning the brave officers and men who died, facing with high resolve perils greater than those of battle, it is most gratifying to state that the credit of the American Navy for seamanship, courage, and generosity was magnificently sustained in the storm-beaten harbor of Apia." (President Harrison, Ann. Msg., Dec. 3, 1889.)

For. Rel. 1894, App. I. 511-513; S. Ex. Doc. 93, 53 Cong. 2 sess.; S. Ex. Doc. 132, 53 Cong, 2 sess.; S. Ex. Doc. 97, 53 Cong, 3 sess. As to the payment of the expenses of the banished chiefs, see For. Rel. 1896, 533, 534.

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