In the Berlin General Act there is one point on which, from the earliest moment, volunteer interpreters have been divided. The revenue arising from the customs was held by one party to belong to the Samoan Government, by another to the municipality; and the dispute was at last decided in favour of the municipality by Mr. Cedercrantz, Chief Justice. The decision was not given in writing; but it was reported by at least one of the Consuls to his Government, it was of public notoriety, it is not denied, and it was at once implicitly acted on by the parties. Before that decision, the revenue from customs was suffered to accumulate; ever since, to the knowledge of the Chief Justice, and with the daily countenance of the President, it has been received, administered, and spent by the municipality. It is the function of the Chief Justice to interpret the Berlin Act; its sense was thus supposed to be established beyond cavil; those who were dissatisfied with the result conceived their only recourse lay in a prayer to the Powers to have the treaty altered; and such a prayer was, but the other day, proposed, supported, and finally negatived, in a public meeting.
About a year has gone by since the decision, and the state of the Samoan Government has been daily growing more precarious. Taxes have not been paid, and the Government has not ventured to enforce them. Fresh taxes have fallen due, and the Government has not ventured to call for them. Salaries were running on, and that of the Chief Justice alone amounts to a considerable figure for these islands; the coffers had fallen low, at last it is believed they were quite empty, no resource seemed left, and bystanders waited with a smiling curiosity for the wheels to stop. I should add, to explain the epithet “smiling,” that the Government has proved a still-born child; and except for some spasmodic movements which I have already made the subject of remark in your columns, it may be said to have done nothing but pay salaries.
In this state of matters, on March 28, the President of the Council, Baron Senfft von Pilsach, was suddenly and privately supplied by Mr. Cedercrantz with a written judgment, reversing the verbal and public decision of a year before. By what powers of law was this result attained? And how was the point brought again before his Honour? I feel I shall here strain the credulity of your readers, but our authority is the President in person. The suit was brought by himself in his capacity (perhaps an imaginary one) of King’s adviser; it was defended by himself in his capacity of President of the Council, no notice had been given, the parties were not summoned, they were advised neither of the trial nor the judgment; so far as can be learned two persons only met and parted—the first was the plaintiff and defendant rolled in one, the other was a Judge who had decided black a year ago, and had now intimated a modest willingness to decide white.
But it is possible to follow more closely these original proceedings. Baron von Pilsach sat down (he told us) in his capacity of adviser to the King, and wrote to himself, in his capacity of President of the Council, an eloquent letter of reprimand three pages long; an unknown English artist clothed it for him in good language; and nothing remained but to have it signed by King Malietoa, to whom it was attributed. “So long as he knows how to sign!”—a white official is said thus to have summed up, with a shrug, the qualifications necessary in a Samoan king. It was signed accordingly, though whether the King knew what he was signing is matter of debate; and thus regularised, it was forwarded to the Chief Justice enclosed in a letter of adhesion from the President. Such as they were, these letters appear to have been the pleadings on which the Chief Justice proceeded; such as they were, they seem to have been the documents in this unusual case.
Suppose an unfortunate error to have been made, suppose a reversal of the Court’s finding and the year’s policy to have become immediately needful, wisdom would indicate an extreme frankness of demeanour. And our two officials preferred a policy of irritating dissimulation. While the revolution was being prepared behind the curtain, the President was holding night sessions of the municipal council. What was the business? No other than to prepare an ordinance regulating those very customs which he was secretly conspiring to withdraw from their control. And it was a piece of duplicity of a similar nature which first awoke the echoes of Apia by its miscarriage. The council had sent up for the approval of the Consular Board a project of several bridges, one of which, that of the Vaisingano, was of chief importance to the town. To sanction so much fresh expense, at the very moment when, to his secret knowledge, the municipality was to be left bare of funds, appeared to one of the Consuls an unworthy act; and the proposal was accordingly disallowed. The people of Apia are extremely swift to guess. No sooner was the Vaisingano bridge denied them than they leaped within a measurable distance of the truth. It was remembered that the Chief Justice had but recently (this time by a decision regularly obtained) placed the municipal funds at the President’s mercy; talk ran high of collusion between the two officials; it was rumoured the safe had been already secretly drawn upon; the newspaper being at this juncture suddenly and rather mysteriously sold, it was rumoured it had been bought for the officials with municipal money, and the Apians crowded in consequence to the municipal meeting on April 1, with minds already heated.
The President came on his side armed with the secret judgment; and the hour being now come, he unveiled his work of art to the municipal councillors. On the strength of the Chief Justice’s decision, to his knowledge, and with the daily countenance of the President, they had for twelve months received and expended the revenue from customs. They learned now that this was wrong; they learned not only that they were to receive no more, but that they must refund what they had already spent; and the total sum amounting to about $25,000, and there being less than $20,000 in the treasury, they learned that they were bankrupt. And with the next breath the President reassured them; time was to be given to these miserable debtors, and the King in his clemency would even advance them from their own safe—now theirs no longer—a loan of $3,000 against current expenses. If the municipal council of Apia be far from an ideal body, at least it makes roads and builds bridges, at least it does something to justify its existence and reconcile the ratepayer to the rates. This was to cease: all the funds husbanded for this end were to be transferred to the Government at Mulinuu, which has never done anything to mention but pay salaries, and of which men have long ceased to expect anything else but that it shall continue to pay salaries till it die of inanition. Let us suppose this raid on the municipal treasury to have been just and needful. It is plain, even if introduced in the most conciliatory manner, it could never have been welcome. And, as it was, the sting was in the manner—in the secrecy and the surprise, in the dissimulation, the dissonant decisions, the appearance of collusion between the officials, and the offer of a loan too small to help. Bitter words were spoken at the council-table; the public joined with shouts; it was openly proposed to overpower the President and seize the treasury key. Baron von Pilsach possesses the redeeming rudimentary virtue of courage. It required courage to come at all on such an errand to those he had deceived; and amidst violent voices and menacing hands he displayed a constancy worthy of a better cause. The council broke tumultuously up; the inhabitants crowded to a public meeting; the Consuls, acquainted with the alarming effervescency of feeling, communicated their willingness to meet the municipal councillors and arrange a compromise; and the inhabitants renewed by acclamation the mandate of their representatives. The same night these sat in council with the Consular Board, and a modus vivendi was agreed upon, which was rejected the next morning by the President.
The representations of the Consuls had, however, their effect; and when the council met again on April 6, Baron von Pilsach was found to have entirely modified his attitude. The bridge over the Vaisingano was conceded, the sum of $3,000 offered to the council was increased to $9,000, about one-half of the existing funds; the Samoan Government, which was to profit by the customs, now agreed to bear the expenses of collection; the President, while refusing to be limited to a specific figure, promised an anxious parsimony in the Government expenditure, admitted his recent conduct had been of a nature to irritate the councillors, and frankly proposed it should be brought under the notice of the Powers. I should not be a fair reporter if I did not praise his bearing. In the midst of men whom he had grossly deceived, and who had recently insulted him in return, he behaved himself with tact and temper. And largely in consequence his modus vivendi was accepted under protest, and the matter in dispute referred without discussion to the Powers.
I would like to refer for one moment to my former letter. The Manono prisoners were solemnly sentenced to six months’ imprisonment; and, by some unexplained and secret process, the sentence was increased to one of banishment. The fact seems to have rather amused the Governments at home. It did not at all amuse us here on the spot. But we sought consolation by remembering that the President was a layman, and the Chief Justice had left the islands but the day before. Let Mr. Cedercrantz return, we thought, and Arthur would be come again. Well, Arthur is come. And now we begin to think he was perhaps an approving, if an absent, party to the scandal. For do we not find, in the case of the municipal treasury, the same disquieting features? A decision is publicly delivered, it is acted on for a year, and by some secret and inexplicable process we find it suddenly reversed. We are supposed to be governed by English law. Is this English law? Is it a law at all? Does it permit a state of society in which a citizen can live and act with confidence? And when we are asked by natives to explain these peculiarities of white man’s government and white man’s justice, in what form of words are we to answer?
April 12.
Fresh news reaches me; I have once again to admire the accuracy of rumour in Apia, and that which I had passed over with a reference becomes the head and front of our contention. The Samoa Times was nominally purchased by a gentleman who, whatever be his other recommendations, was notoriously ill off. There was paid down for it £600 in gold, a huge sum of ready money for Apia, above all in gold, and all men wondered where it came from. It is this which has been discovered. The wrapper of each rouleau was found to be signed by Mr. Martin, collector for the municipality as well as for the Samoan Government, and countersigned by Mr. Savile, his assistant. In other words, the money had left either the municipal or the Government safe.