MATAAFA VICTORIOUS.

Auckland Star, Volume XXX, Issue 14, 18 January 1899, Page 5

MATAAFA VICTORIOUS.

MANY LIVES LOST.

VILLAGES BURNED AND LOOTED.

GERMAN INTRIGUES

BERLIN TREATY VIOLATED.

THE CHIEF-JUSTICE REINSTATED BY H.M.S. PORPOISE.

(From Our Special Correspondent.) APIA, January 32. About seventy Samoans killed and wounded; some 70 chiefs dragged from their homes and exiled; hundreds of Samoan houses burned; plantations devastated; about a thousand of the men who had taken up arms to defend the King", whom the Chief-Justice of Samoa, in exercise of the duty devolv-

eel upon him by the Berlin Act, had adjudged to be the rightful King of Samoa, separated from their wives and children, and sent to a distant part of the group to labour as slaves; the Chief-Justice deposed; the Supreme Court closed; the Berlin Act derided and treated as a dead letter; the clauses in that Act declaring that a dispute as to the succession to the Kingship should not lead to war, but should be referred to the Chief-Justice for setlement and his decision should be final, trampled upon and broken. These are some of the fruits of the latest German intrigue.

V few months ago the attention of the Governments of Great Britain and the United States was drawn by the press to the suspicious circumstance that Germany was gathering a strongnaval force in the vicinity of Samoa. Baffled by the publicity tlrns given to the scheme and deterred by the frank expressions of leading journals in both countries and in the colonies to the effect that German armed interference in Samoan affairs could not be tolerated, that part of the plan had to be abandoned, and internal disturbances in Samoa were relied upon and fostered as a means whereby the same end mi"ht beattained. The greatest obstacle to German aggression was the Berlin Act, and next. in degree was the Supreme Court created by that Act. A scheme was formed to strike at the Berlin Act through the Supreme Court. Mataafa was brought back from exile principally by German agency. Influences of all kinds were brought to bear upon certain of the S amoan chiefs to secure the election of the German protege, Mataafa, as King in succession to the late King Malietoa, and Tamasese, whom they formerly supported, was relegated to the background, he not having n sufficiently strong Samoan following for th»ir purpose. The S a moans were hoodwinked into believing that Mataafa was not excluded, by the Berlin \ct and its protocols from Kingship, and that somehow or other they would through him get rid of the bugbear, of taxation if they supported him. The Germans, of course, knew that until Mataafa's exclusion was removed'bv the Treaty Powers it was absolutely impossible that the Chief-Jus-tice should declare him to be King, but notwithstanding that, they caused a notice to be sent to the Chief-Justice by the chiefs supporting Mataafa, to the effect that he had been elected King and claiming a decision in his favour under the section of the Berlin Act in that behalf. Mataafa's election beine- disputed, as was anticipated, and Malietoa Tanu, son of the late King, being' also put forward as a-candulate, matters were in train for the accomplishment of the purpose of the conspiracy. The dispute was heard in the form of an. action at law under the precedent fixed by Chief-Justice Ide some years ago. During the course of the trial many alarming rumours were heard that Mataafa's supporters did not intend to abide by the decision if it went against, him; but all apprehensions were allayed by the denials on oath by the Mataafa. chiefs that they even meditated anything approaching to disobedience to the ChiefJfistice. It is the belief of many persons who understand the Samoans best that all through the greater part of the trial most of them were acting in blind obedience to German promptings and influences, and that the rumours were caused by something divulged by some startled individual chief who had been approached and had become alarmed at the magnitude of the scheme; THE '-CHIEF JUSTICE'S DECISION.

After a protracted hearing the Chief Juv.tiee of Samoa, Mr W. L. Chambers, on December 31st gave his decision in the matter of the contest of Tupiut Mat&afa. and. Malietoa Tanumafili for the idogship of Samoa as successor to Malietoa Lanpepa. In the course of his" judgment His Honor, reviewing the proceeding's, said:—' 'A co£>y of the treaty, together with the protocols of the nine sessions of the Conference in Berlin, at which the treaty was enacted, certified to by Her British Majesty's Consul at Apia, was submitted in evidence on the last clay but one of the trial, for the purpose of proving- that the contestant Tupua Mataafa was excluded from the kingship of Samoa as long as the treaty was in force and unchanged. Inference was specially directed by counsel for the contestant Malietoa Tanumafili to page six of the document before referred to upon which is found the instructions of the Marquis of Salisbury to the British Plenipotentiaries regarding the restrictions upon the liberty of choice of king; to page forty-two upon %vhich is found the report of the? Committee on the Form of Cf/vernmenf in which restrictions as to.eari%lat.es/for the kingship are sng.ge ( sted*Mo page forty-seven . : ijj. the fifth session of the Conference', #hen the subject of the election of a'Wng was under discussion Count Bismarck consented to the principle of the election of a. king, but did. so upon the condition that one exception should be made 'in the person of Malaafa on account of the outrages committed by his people and. under his authority upon dead and wounded Ger,ro4.n; sailors lying1 on the field of action.' Tn this cbnnejtiot! Sir E. Malet, Senior

Plenipotentiary, on behalf of ♦Great] Britain, voiced the sentiments of all: the other plenipotentiaries that the' exception made by Count Bismarckj was fair and reasonable, stating that! his Government would have probably j entertained a similar objection had ' the like outrages been committed on i British sailors. Various other references to the treaty and protocols were made by counsel to show the force and effect of a protocol upon the treaty provisions, and it was contend- j eel in argument that the treaty is to be | interpreted in the light of the meaning ! given thereto in the protocols, and . that the protocols for such purpose are | as binding upon the Chief .Justice of] Samoa, as though they were incor- j porated in the words of the treaty itself." His Honor decided:--' That Mataafa, because of his ineligibility has not been rightfully elected or appointed j King of Samoa, conformably to the provisions of the Berlin Treaty. It is therefore unnecessary to discuss nt this time whether there has been a compliance with the laws and customs of Samoa not in conflict therewith in J connection with his alleged election, j It is furthermore decided that Millie- j ton Tanurnafili being the only candi-1 date for the kingship eligible thereto | whose election has been reported to I the Chief Justice and who is the conitestant and claimant in this proceed- j ling1 for the office is elected King of i Samoa, and this decision is made in I writing conformably to the provisions of the Rerlin Act and to the laws'and customs of Samoa not in conflict therewith.'