He repeated what he had said at the close of the seventh session and reiterated the hope that the results arrived at would be of immediate and permanent benefit to the natives of Samoa, as well as to all foreigners residing in that quarter of the globe. The general act was then signed by all the plenipotentiaries as hereto appended, and the conference finally closed its deliberations. (Signed) JOHN A. KASSON. WM. WALTER PHELPS. R. KRAUEL. Certified to be a true copy of the original protocol. W. N. BEAUCLERK. [NOTE. The appendix to this protocol of the ninth session being the general act, as signed, will be found in its proper place, supra, p. 353, and is not here reprinted.] Proclamation by the consular representatives of the United States, Germany, and Great Britain at Apia. [Translation.] NOTICE. We, the undersigned representatives of the Governments of Germany, Great Britain, and the United States, hereby make known to the people of Samoa that our governments, with a view to the prompt restoration of peace and good order in the Samoan Islands and in view of the difficulties which would surround an election in the present disordered condition of their Government, have by common accord declared that Malietoa Laupepa, who was formerly made and appointed King on the 12th day of July, 1881, and was so recognized by the three powers shall again be so recognized hereafter in the exercise of such authority. We at the same time invite the people of Samoa to take without delay such measures as according to Samoan custom are necessary to reinstate the High Chief Laupepa as King of Samoa. (Signed) Dr. STUEBEL, H. I. G. M. Consul-General. H. DE COETLOGON, APIA, November 8, 1889. W. BLACKLOCK, U. S. Vice-Consul. Report of the commander of the U. S. S. Adams, with annexes, including the proclamation of the consular representatives of the United States, Germany, and Great Britain, dated December 5, 1889, recognizing Mal ietoa Laupepa as elected King of Samoa. Hon. B. F. TRACY, Secretary of the Navy: U. S. S. ADAMS (3rd rate), SIR: I have the honor to inform you that accredited representatives from all the different districts of the Samoan group met yesterday, December 4th, and formally elected Malietoa Laupepa King of Samoa. He hoisted his flag over his residence and assumed control this morning at 8 o'clock. I considered the event of sufficient importance to justify me in dressing the ship with mast-head flags, Malietoa's flag at the main, and firing a royal salute. 1 notified Captain Herbing, commanding II. I. C. M. S. Sophie, of my intention to salute the King, and he informed me that he could not salute the King without authority from his government. The consuls representing the United States, England, and Germany held a meeting at the American consulate this afternoon and issued a joint proclamation to the effect that the Governments of the United States, Great Britain, and Germany recognize Malietoa Laupepa King of Samoa, with an appeal to the two opposing parties to reconcile their differences and to contribute to a peaceable management of the Samoan Government under King Malietoa. I enclose copy (translated) of Malietoa's letter, notifying the consuls of the three great powers of his intention to hoist his flag, a copy and translation of the result of the election signed by the electors, a copy (translation) of Tamasese's letter announcing his allegiance to Malietoa, and a copy of the proclamation of the three consuls. I understand that the election of Malietoa is soon to be ratified by public meetings of the people in all the districts of the group. Very respectfully, etc., J. J. HUNKER, Lieut. Commander U. S. N., Commanding U. S. S. Adams. A. PROCLAMATION. Having been acquainted that, in compliance with the invitation contained in our proclamation of the 8th last, Malietoa Laupepa has been reinstated as King of Samoa by his own party, and being also aware by letters received from the chiefs at present assembled in Lufilufi, bearing the date of the 1st last, and by a letter of the 12th last, signed by the High Chief Tamasese, that they too are willing to accept Malietoa Lanpepa as King of Samoa, we, the undersigned representatives of Germany, Great Britain, and the United States of America, availing ourselves of the instructions sent us for the purpose by our respective governments, hereby proclaim: That the Governments of Germany, Great Britain, and the United States of America from this time recognize Malietoa Laupepa to be King of Samoa. We also earnestly desire the two parties that have been hitherto opposed to each other to effect, as soon as possible, an ultimate reconciliation, and to contribute both of them, to the best of their endeavors, to the peaceable management of the Samoan Government under King Malietoa. YOUR HIGHNESS: I have the honour to inform you that to-morrow morning at eight o'clock the flag of my government will be hoisted in Apia. Sir, I am, MALIETOA, King of Samoa. C. LUFILUFI, 12 November, 1889. To your excellencies, the consuls of Germany, Great Britain, and the United States of America: YOUR EXCELLENCIES: I wish humbly to inform you that I received your letter of the 8th inst., together with a copy which all of you have received, informing all people that it was the mind of the three governments that Laupepa should again be placed upon the throne. I should like you, gentlemen, to know that this is also the mind of this war party. It is our mind that this is the best way to smooth the minds of all people if the three governments will settle all such questions and bring peace to the new govern There has been a meeting held by the rulers of Samoa, at Lelepa, 4 December, 1889. It has been decided that Malietoa Laupepa shall be King; the Samoans are unanimous in this. The following people are the rulers of Samoa: (Here follow the names of the chiefs and the districts which they represent.) Tuamasaga.-Agapu, Tui'au, Telea, Mati, Tofacono, Samoa, Asi, Tele, Afoa, Te'o, Tuia, Manu'a, Ama, Saseve, Tagutugutu, Uluigia, Nu'u, Mulitalo, Tuatagaloa, Taliava, Toelupe, Tautiauli, Numia, Seumanutafa, Fuatiman. Aana.-Aiono, Saga, Taefu, Lemalu, Vaafusu, Muai, Mamea. Savaii.-Faasaleleaga, Lauaki, Pa'u, Pauli, Tofilau, Leauanae, Tofa, Tia, Malaeulu, Vui. Itu O Tane.-Seman, Laufou, Leota, Lealaiauloto, Suisala, Tuala, Sala, Tevaga, tumapu, Lavea, Malaiti, Tu'n, Moafanua, Taulealea, Leasi. Itu O Fafine.-Lagaaia, Su, Tapusoa, Asiata, Seve, Tagaloa, Laulu, Toleafoa, Tuato, Talovaa, Loli, Matautia, Toomata, Fualau, Folassa, Ili, Pe'a. Manono.-Leiataua, Tuimalealilfano, Aupaau, Fut'i, Taupan, Mulipola. Atua.-Leota, Lemusu, Salanoa, Taofiloa, Pu'cpu'emai, Tafua, Tuisila, Tuianii, Tauiliili, Meleisea, Tuataga, Fiame, Lemauga, Tupuola. Tutuila.-Taiivae, Letuli, Satele, Toomata, Taua, Tauiliili, Noa, Alapa, Olo, Sala vea, Mauga, Leiato, Alo, Taumuina, Pele, Savea. T. VITALE, Failautusi. Count von Arco- Valley to Mr. Blaine. IMPERIAL GERMAN LEGATION, The Imperial German envoy has the honor, in pursuance of instructions received from his Government, most respectfully to inform the honorable Secretary of State of the United States that, in the three original copies of the Samoan protocol which were signed on the 14th instant by the plenipotentiaries to the conference, the fourth sentence. (paragraph?) of section 2, Article V, beginning with the words: "It shall be the duty of the consular representatives of the three treaty powers," was, by a mistake of the printer, repeated, and that the Imperial Government, after confidentially consulting the delgates of the United States and England, proposes that, when the Samoa protocol is published and ratified, the repetition of the said fourth sentence be omitted. The imperial envoy, begging the honorable Secretary of State to be pleased to reply to this communication, avails, etc., ARCO. No. 1049.] GREAT BRITAIN. Mr. Bayard to Mr. Phelps. DEPARTMENT OF STATE, SIR: On the 22d of June last I addressed a note* to Mr. Edwardes, chargé d'affaires ad interim of Her Britannic Majesty at this capital, in relation to the case of the American ship Bridgewater, which had been wrongfully seized and held by Canadian customs officials at Shelburne, Nova Scotia, for payment of customs duties to which it has been de cided by the Canadian Government that the vessel in question was not justly subject. Copy of that note is herewith inclosed for your informa tion. On the 23d of November last, no reply having been received other than a simple acknowledgment by Mr. Edwardes and his statement that he had transmitted the note to his Government, I addressed Mr. Herbert, then and now chargé d'affaires ad interim of Her Majesty's legation, again inviting attention to the case. Copy of this latter note is also inclosed.t On the 24th of November Mr. Herbert replied that immediately upon the reception of my note of the 23d instant he had telegraphed to Her Majesty's principal secretary of state for foreign affairs in the sense of my note, and had received a reply stating that the owner of the Bridgewater, before presenting his claim to this Government, had commenced an action at law, which was still pending, and that the Canadian Government was unable to express an opinion on the claim until the settlement of the case in the law courts. Copy of this note is inclosed. It is true that the owner of the Bridgewater instituted a suit in the Canadian courts to recover damages for the wrongful seizure and detention of the vessel. But on the 24th of May, 1888, her agent was informed by the Canadian minister of customs that he had received from the minister of justice an opinion that the claimant could "not recover against any officer of the Crown for damages sustained in consequence of the seizure." Copy of the letter of the minister of customs is herewith inclosed. I am informed by the claimant that her agent also endeavored to ob tain permission to bring a suit in the exchequer court, but his appli cation was not entertained. That such a suit, if brought, would have been futile seems more than probable. And in this relation I inclose herewith a copy of a letter of the 30th of April, 1888 (see inclosure No. 1), from the claimant's legal counsel, which appears to contain a lucid statement of the law on the subject. It was not until after failure to obtain a remedy against the Govern ment of Canada in the exchequer court, and the official opinion of the min * Printed For. Rel., 1888, p. 811. + Printed infra, p. 467. |