ATTEMPT TO DEPOSE THE CHIEF JUSTICE.

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

ATTEMPT TO DEPOSE THE CHIEF JUSTICE.

REINSTATED BY THE CAPTAIN

OF H.M.S. PORPOISE.

Mataafa and his supporters being now absolute masters of the situation, and de facto in possession of the Samoan Government, the three Consuls considered that there was now no course open but to recognise them as a Provisional Government of Samoa pending instructions from the three Treaty Powers. They accordingly issued a proclamation to this effect. Taking advantage, of this, acting under the influence of the German. Con-sul-General and Dr. Raff el, President of the Municipality, the Provisional Government issued a notice declaring the Supreme Court closed, and that it would not be reopened until further order from the Government.

The British and American Consuls at once appealed to the Captain of H.M.S. Porpoise, and placed the Court under his protection.- Captain Sturdee thereupon issued the following proclamation:—

ON BOARD H.M.S. PORPOISE,

APIA, January 7th, 1899,

The Supreme Court now under protection of the United States and- Great Britain, vide proclamation December 22nd, having been illegally closed by the Provisional Government and the orders of the Chief Justice posted at the Court House torn down, by armed troops of that Government.

The Chief Justice supported by the U.S. Consul General and H.B.M. Consul under the protection of the armed forces of the H.Mis. Porpoise will hold a court to-day at noon. If resistance is met, which is hoped will not be, fire will be opened to support the rights of these two great Powers. In \ie-f' op the possibilities British and Anierican subjects are .therefore requested to.take shelter on board Porpoise if they so desire.

F. C. D. STURDEE, Commander. Senior Officer N.E. Division.

The. following' notice was issued by the German authorities on shore: — According to official notice received from H.B.M. Consul Maxse, it may be expected that Apia will .be shelled by H-B.M.s. Porpoise at 11.30 to-day. : EOSfi, Imperial German Consul General. Early on Saturday mooning- the streets were almost deserted by 5 Samoans and a.t about 9 o'clock the Samoan warriors who had been stationed hi portions of the town to prevent looting' received from chiefs of the government strict orders to withdraw to Mulinuu, and on no account to 'interfere'with the action about to be taken by the British man-of-war. Mataafa, it appears, refused to. mix himself up with the quarrel ovter the Supreme Court, declaring' that it was a foreign institution and one the Samoans should not interfere with. These orders were promptly obeyed and not a single Samoan warrior was seen in the vicinity of the Supreme Court during' the rest of the day. Mr Marquardt, under instructions from Dr. Rafrel, had new locks placed on i the doors of the courtjiouse, and he and the Marshal, Mr Delivers, each claiming possession, remained about, the building awaiting events.

Shortly before the time indicated in the notice issued by Captain Sturdee boats were seen to leave the British man-of-war. The United States Consul's boat, manned by British blue .jackets, led the way, followed by Her Britannic" Majesty's Consul's boat ana a cutter carrying- an armed party from H.M.s. Porpoise, under the command of Lieut. Parker, escorting Chief Justice Chambers to the shore. The British and American Consuls accompanied the Chief Justice to the Supreme Court door, where they were met by the. German Consul General and Dr. .Raffel. His Honor the. Chief Justice stated that he had come to hold a court and directed the Marshal to open the doors. Dr. Raffel stated that he hold the keys, but that the. matter could be settled in a few minutes. The Chief Justice stated that he desired that Dr. Raffel should speak to him as Chief Justice or not at all. Dr. Raffel' then stated that Mr Chambers (sic) was no longer Chief Justice; that, he had accepted office from a Samoan Government which no longer existed, and the Provisional Government had closed the Court. Mr Maxse, H.B.M. Consul, then stated officially that, proclamations had been issued on the 22nd December declaring that the Supreme Court and the person' of the Chief Justice were under the protection of the British and American Governments, and that any interference With the Supreme Court would be taken as an insult to the British

flag; thai: the section of the Provisional Government in closing1 the Court was illegal' and a violation of these proclamations. Dr. Ilaft'el stated that I no insult to the British nag was in- j tended and that as the office of the j Chief Justice had been vacated the.j action of the Provisional Government j in suspending the Supreme Court could j not be so construed. H.I.G.M. Consul! General Rose stated that his views' coincided with those of Dr. Raffel.! H.B.M. Consul Maxse then stated that | the proclamation whereby the Consuls. ■ recognised the Provisional Govern-1 ment specially reserved the rights and i privileg-es of the Treaty Powers-, that the Berlin Act was not abrogated. Dr. Raffel: 'I beg your pardon. The Berlin Act is not mentioned in that proclamation.' Consul Maxse continuing stated that Chief Jus.tice Chambers j having been appointed by the Powers ' would be recognised by-himself on be-; half of the British Government and j by Mr Osborn on behalf of the United i States Government; there was no i power in Samoa which could deprive j the Chief Justice of his office; that i the terms of the proclamation would < be strictly carried out. and the Chief j Justice having expressed his desire to i hold a Court he would be protected in so doing, and if resisted force would be used. Dr. Saft'el stated that according1 to .international law the office of Mr Chambers (sic) was vacated by the lapsing of the Government which had accepted him, as Chief Justice; that he had decided that Tanu was King of Samoa, and recent events had upset that decision, and Mr Chambers (sic) was not a person acceptable to the Provisional Government, and that he had been deposed by that Government, and that tmder the treaty he (Dr. Itaffel) rightfully succeeded to the office of Chief Justice. H.1.M.G1 Consul, General Rose, stated to the British Consul that the action contemplated by the British naval officer was a serious step, and that a Consular meeting should have been called to consider the matter; that he had received an official letter from the British Com snl, which, if allowed he would read to the public. Dr. Raffel:'! consider that letter should be read.' Consul Maxse: 'Allow me to remind you that it is not usual to read official letters in public, but if you will also.read the letter which I wrote to the President of the Municipal Council, I have no objection to your reading the letter which I wrote to you.' ''(Reading the letters was no longer' pressed.) H.B.M. Consul Maxse stated that he, accepted the decisions of the judicial' officer appointed by the three Powers, who was Chief Justice Chambers, and those alone, as final Upon questions of law, that Consul-General Osbbrne, who had requested him to speak for him, held the like opinion, that the intentions of the Chief Justice concerning the Supreme Court would' be carried into effects that under the existing circumstances his duty left no other, course open but that which had. an a ' would be aidbpted, that he '.was copifident that Her Majesty's .Government, which he represented, would approve of theeourne, as it was so-obviously in support of 'right and truth.'

The Chief Justice then stated that he intended to open the Supreme Court, and ordered that the door be broken open. Lieutenant Parker theft proceeded to the wharf and inarched his detachment .of bluejackets up to; the Supreme Cqurf, where they halted, formed on two sides of the Court, arid fixed bayonets. The .blows of , the sledge hammer on the side doors-were heard, and Dr. Uaffel then loudly declared that- wherever he was, there was the Supreme Court, and that he protested against the action which was being taken. H.'I.G.M. Consul-Qeneral Rose stated that on '. behalf of his sovereign he protested also against the opening of the Supreme Court. Consul Maxse: 'I. receive your protest with respect and will- transmit it to Her Majesty's Government.'

A door having been, broken open by the Marshal (Mr Denjvers) the .Chief Justice entered ■ the court. ConsulGeneral Osborn then said, 'I have this to say, that I—' H.I.M.G. ConsulGeneral Rose and Dr. Ita;ffel addressed Consul-General Osborn, both speaking loudly. 'Consul .-General. Osborn: 'Excuse me. In my country one gentleman speaks at a time.' Three resounding cheers were given by the Britishers, Americans and, persons of other nationalities from the Supreme Court for Chief Justice Chambers, and counter cheers were given,..fronr. the road by the Germany subjects present for Dr. Raff el, as Acting-Chief Justice/ K.I.G f M. Consul-General Rose: 'Here/ is the ■ Supreme Court.' President Raffel (beating his breast and. raising his arm): 'I am the Supreme Court.'

About this time Chief Justice Chambers took his seat on the Supreme Court bench, and H.I.M.G. ConsulGeneral Rose, President Eattel and the the court was filled by. British Subjects court was filled, by British subjects and American citizens. " '

The Chief-Justice has since issued a proclamation declaring the' authority of his Court, and the German Consul has issued a proclamation in whic&ihe states that the overturning1 of the Government has caused a temporary. vacancy in the office of Chief-Justice, and that the Berlin General Act provides as follows:—'The powers of the Chief-Justice in case of vacancy of that office from any cause shail be exercised by the President 'of the Municipal Council ..' He con*

chides: —'Until further instructions will be i*eceived, no official acts, which the Chief-Justice, W.L. Chambers, Esq., might perform, can be recognised legal and valid.' ,