No. 321.-Consul Cusack-Smith to the Earl of Rosebery.-(Received January 5, 1893.) Y LORD, Samoa, December 6, 1892. I HAVE the honour to report that both my colleagues had ceived instructions relative to the Chief Justice and the survey es. They were anxious to enter a protest, as the Chief Justice id published in the "Royal Gazette" a Notice relating to the rveys, a copy of which I inclose. As they showed me Sir P. urrie's letters to the German Ambassador dated the 13th September, felt justified in acting jointly with my colleagues. Accordingly we, on the 12th November, notified the Chief astice that the Treaty Powers were in accord in withholding their inction from his making the registration of land titles conditional 1 each case on a previous survey of the land, to be made at the spense of those concerned, and that they also withheld their inction from the fee for registration of title as set forth in the cale of fees in "The Real Property Ordinance, 1891," and we egged him to modify the Notice in the "Royal Gazette." We hoped in this way to avoid making any public notification, hich must be unpleasant for the Chief Justice. But his answer, dated the 16th November, and his expressed etermination to insist upon the surveys, forced my German olleague to notify his nationals that they were not bound by the urvey fees and regulations. In the interests of unanimity, which is so all-important in the actions of the Consuls here, I decided to join in the Notice decided apon by my colleagues, and I inclose a copy of it. Your Lordship's instructions contained in your despatches received on the 2nd December appear to cover all that I have done. The Chief Justice must be immediately and without delay instructed by the Powers to obey their decision, as meanwhile applicants for registration of title are kept waiting, and may lose opportunities of selling their land to the best advantage. Cablegram viâ New Zealand is the quickest mode of reaching me, provided the Governor sends on the message by the very earliest steamer, which often is leaving the day the cablegram arrives. The Earl of Rosebery. I have, &c., T. B. CUSACK-SMITH. (Inclosure 1.)-Extract from "Royal Gazette" of November 7, 1892. Notice. UPON publication in the "Royal Gazette" of the decision of the Supreme Court upon a claim to ownership of land it shall be the [1892-93. LXXXV.] 3 X duty of the person or persons to whom a grant will be issuable, to apply at the office of the Surveyor-General and there deposit suc1 sum to meet the expenses of survey as the Surveyor-General may request, according to table of fees, or in cases where a complete survey has been made, the expenses for putting the diagram on te grant. The lands not already surveyed shall, as far as practicable, be surveyed in the same order as the applications have been received. and the requisite sums deposited. Where pieces of land claimed in two or more claims form oce block of land, one grant will, if possible, be issued for the wh block. Where the claim is based upon a deed posterior to the Bert Treaty coming into operation, the claimant is reminded of Article VI. sections 2 (D) and 3, of the said Treaty. In the Supreme Court of Mulinuu, November 5, 1892. C. CEDERCRANTZ, Chief Justic (Inclosure 2.)—The Consuls of the Treaty Powers to M. Cedererantz. SIR, Apia, Samoa, November 12, 1892. WE have the honour to inform you that we have received instructions that the three Treaty Powers are in accord in withe holding their sanction from your making the registration of la titles conditional in each case on a previous survey of the land to be made at the expense of those concerned, and that they also withho.d their sanction from the fee for registration of title as set forth in the scale of fees in the "Real Property Ordinance, 1891." We beg to request you to modify the Notice concerning surveys of land published by you in the "Royal Gazette" of the 7th November, 1892, in accordance with the decision of the Treaty Powers now cominunicated to you. We have, &c., T. B. CUSACK-SMITH, Her Britannic BIERMANN, Imperial German Consti (Inclosure 3.)—M. Cedercrantz to the Consuls of the Treaty Powert GENTLEMEN, Mulinuu, November 16, 1992 I HAVE the honour to acknowledge the receipt of your letter of the 12th instant, in which you inform me that you have received structions that the three Treaty Powers are in accord in withlding their sanction from my making the registration of land les conditional in each case on a previous survey of the land to be ide at the expense of those concerned, and that they also withhold eir sanction from the fee for registration of title as set forth the scale of fees in the "Real Property Ordinance, 1891." You o request me to modify the Notice concerning surveys of land blished by me in the "Royal Gazette" of the 7th November, 32, in accordance with the decision of the Treaty Powers thus nmunicated to me. In response thereto, I regret to say that I cannot comply with ur request. I feel the less justified to do so since, to judge from ur letter, you are not instructed to communicate to me any cision of the Treaty Powers on the matter. I have, &c., C. CEDERCRANTZ, Chief Justice. (Inclosure 4.)-Public Notice. WE hereby give notice that the three Treaty Powers are in ecord in withholding their sanction from those sections of the Real Property Ordinance, 1891," as enacted by the Chief Justice f Samoa, which refer to surveys of land, and from the fee for gistration of title as set forth in the scale of fees. The aboveentioned portions of the said Ordinance are therefore not binding pon our nationals. November 29, 1892. T. B. CUSACK-SMITH, Her Britannic Majesty's Consul. BIERMANN, Imperial German Consul. No. 322.-Consul Cusack-Smith to the Earl of Rosebery.—(Received January 5, 1893.) MY LORD, Samoa, December 6, 1892. I HAVE the honour to report that since the arrival of Her Majesty's ship Ringarooma her movements have been as follows:She arrived on the 3rd November, and on the 12th November left for Pago Pago, where she had arranged to take in her coal from the Uniou Steam-ship Company's Upolu. On the 5th November news of war in Tutuila had reached Apia. On the 7th November Baron Pilsach wrote to me asking me to agree that the Ringarooma should take the Chief Justice or himself, some Chiefs and policemen to Tutuila to arrest the natives who might be found guilty of causing the outbreak. As there were many difficulties in such a course, and as the request did not comp with the joint instructions of the Treaty Powers as to the assistance to be rendered by men-of-war, I on the 9th November expressed my regret that my instructions did not permit me to requisition tre war-ship for the purpose requested. But I suggested that as the Upolu was going to Pago Pago, and as the Ringarooma week be lying in that harbour, it was obvious that if the Government officials proceeded in the Upolu the opportunity would be a very favourable one. However, as the Treasury was empty, and the Steam-ship Company's agent would not give credit to the Samoan Government. the proposed expedition fell through. The German Consul als refused to requisition his ship. On the 11th November the King requested me, while I was at Pago Pago, to ascertain the cause of the outbreak, and report to him on my return, which I very gladly promised to do. The inclosed newspaper cutting gives a fairly accurate account of my Report to the King. Her Majesty's ship Ringarooma returned to Apia on th 18th November. As she had lost a torpedo in Pago Pago harbour, she returned there on the 19th, arriving again in Apia on the 25th. On the 25th a party of Manihiki natives had arrived in a bost flying the British flag. They complained to me that the Samoans a Tiavea, in Upolu, had by force of arms stolen one of their two boats on the 24th November, with all its contents. I immediately proceeded to the Chief Justice, who informed me that the Supreme Court could take no steps to punish the offenders until warrants had been issued in the ordinary way. The Samoan Government could do nothing to help me in the matter. As the Ringarooma was here to protect British life and property, I asked Captain Bourke to convey me to Tiavea, which he did. I recovered the boat and all the missing property, got the names of the eight offenders, seven of whom agreed to return with me to Apia and give themselves up to justice. The eighth was to foll I handed over the eight natives to the Supreme Court authorities my return to Apia. The trial took place on the 3rd December, and, as the natives ha apologized most humbly, and as they had surrendered themselves. I asked the Chief Justice to give them a light sentence. He, after they had pleaded guilty, sentenced the eight Samoans six months' imprisonment with hard labour, and to twenty-four hes each, six to be administered each week during the first month's prisonment. The prompt action of the man-of-war has re-established a wholene respect for British authority. The Samoans are quite out of nd, owing to the feeble inefficiency of the Samoan Government, I no longer respect the life and property of white men in the way y used to do. I have, &c., e Earl of Rosebery. T. B. CUSACK-SMITH. (Inclosure.)-Extract from the "Samoa Weekly Herald" of November 25, 1892. THE TUTUILA OUTBREAK.-Owing to the visit of Her Majesty's ip Ringarooma to Pago Pago, where she had appointed to take her coals alongside the Union Company's Upolu, correct formation has been received as to the rumours of war published on e 5th November. As King Malietoa was unable at the moment to range to send one of the Government officials to inquire into the mours, he availed himself of the offer of Her Britannic Majesty's onsul to furnish a Report upon the situation. The British Consul id arranged as far back as June to visit Tutuila in Her Majesty's ip Curaçoa, but was prevented, and his visit on this occasion as in no way connected with the reported disturbance. The ingarooma left Apia on Saturday, the 12th November, and was off e north coast of Tutuila at daybreak on Sunday. As she passed etween the mainland and the small Island of Aunuu numbers of atives came down to the shore of Aunuu, and on recognizing the British naval ensign the British commercial red ensign was hoisted ver Arthur Young's store. Soon after arriving in the lovely harbour of Pago Pago, whose hores will, we believe, in the no very distant future be dotted with pretty villas nestling among the foliage of the surrounding hills, it was discovered that a party of natives were lying armed in the church at Fagatogo watching the man-of war, ready to fire upon her should she interfere with them. Careful and persistent inquiries revealed the following facts:The outbreak was started in October by three Chiefs, Leiato, Mauga Faaneneil, and Alo, with whom were other Chiefs, including Faumuina. Leiato, who is in supreme command of this party, is supported by the villages of Pago Pago, Fagasa, and Fagaitua. He has about 500 men under arms, but at least 100 have no rifles, while some have only one cartridge, and no one can boast of more |