witness our arrival. At a distance from the town of perhaps three miles and encircling it on all sides were the native troops of Mataafa, estimated at about 3,000 men, armed with rifles, head knives, spears, and such weapons of war as the natives could command, resting upon their arms behind their lines of improvised fortifications under the terms of the armistice which had been proclaimed by the vessels of war pending the arrival of the commission. But a few days prior the English and American ships had shelled the town, and the people had left the rear and exposed portions and were huddled together in the houses along the beach and out of the way of and protected by the guns of the ships which had been directed against the forts and lines of Mataafa surrounding the place. Excitement and alarm prevailed everywhere and this condition of nervous excitement had reached its height when the commission arrived." "

a

Mr. Tripp said that he was informed by Chief Justice Chambers that during his entire stay in Samoa the writs of his court running in the name of Malietoa Laupepa as king could not be enforced even in times of apparent peace in several large districts of Samoa. No king ever was able to maintain his authority over all the districts at the same time, and some of the more powerful chiefs were continually in rebellion.'

In another place Mr. Tripp said: "While I have no doubt that any one of the great powers could easily govern these islands in the manner proposed, I fear their ability to do so when acting together, and I can not forbear to impress upon my Government not only the propriety but the necessity of dissolving this partnership of nations which has no precedent for its creation nor reason for its continuance.”e

In another place Mr. Tripp, referring to Pagopago, said: "I can not impress upon my Government too strongly the necessity of its undivided possession of this harbor. It is the only one worthy of the name in the islands."d

September 7, 1899, Mr. Hay telegraphed to Mr. Choate, American Division of the ambassador in London, that the German Government

group. strongly urged the partition of the Samoan Islands, the United States to retain Tutuila and adjacent islands, and England and Germany to divide the rest; and that the President was disposed to regard the proposition with favor if the details could be satisfactorily arranged. Mr. Choate was instructed to ascertain the views of the British Government."

By a convention concluded November 14, 1899, between Germany and Great Britain, the latter renounced all her rights over the Samoan Islands, and recognized as falling to Germany the territories in the d For. Rel. 1899, 662.

a For. Rel. 1899, 648-649; S. Doc. 51, 56 Cong. I sess.

b For. Rel. 1899, 654.

c For. Rel. 1899, 659.

For. Rel. 1899, 663.

eastern part of the neutral zone established by the arrangement of 1888 in West Africa. Germany, on the other hand, renounced in favor of Great Britain all her rights over the Tonga Islands, including Vivau, and over Savage Island, and recognized as falling to Great Britain certain of the Solomon Islands (including the Howe Islands), and the western part of the neutral zone in West Africa. The declaration between the two Governments of April 10, 1886, respecting freedom of commerce in the western Pacific, was declared to apply to the islands mentioned in the convention. It was also agreed that Germany should consider the question of reciprocal tariffs in the territories of Togo and the Gold Coast, and give up her extraterritorial rights in Zanzibar whenever the similar rights enjoyed there by other nations should be abolished."

By a treaty between the United States, Germany, and Great Britain, concluded December 2, 1899, both the latter powers renounced in favor of the United States all their rights over the island of Tutuila, and all other islands of the group east of longitude 171° west of Greenwich, while the United States renounced in favor of Germany all rights over the islands of Upolu and Savaii and all other islands of the group west of longitude 171° west of Greenwich. It was further agreed that each of the three powers should "continue to enjoy, in respect of their commerce and commercial vessels, in all the islands of the Samoan group privileges and conditions equal to those enjoyed by the sovereign power, in all ports which may be open to the commerce of either of them." Finally, the general act of Berlin of June 14, 1889, and all previous treaties and agreements relating to the islands, were annulled."

Tutuila

By this arrangement Tutuila, containing the harbor of Pagopago, and the passed, with the adjacent islands, under the exclusive harbor of Pago- jurisdiction of the United States. Their administration was placed under the direction of the Secretary of the Navy, acting through the commandant of the United States naval station at Pagopago.

Pago.

Under the general act of Berlin a work of permanent value was accomplished in the adjustment of claims to land by Titles to land. means of a joint commission. Measures for the preservation of the records of the commission were taken by the three Governments."

a For. Rel. 1899, 665–666.

b For. Rel. 1899, 667. See, also, President McKinley's annual message, Dec. 5, 1899. cMr. Hay, Sec. of State, to Sec. of Treasury, Dec. 6, 1900, 249 MS. Dom. Let. 393; Mr. Hill, Acting Sec. of State, to Sec. of Treasury, Jan. 8, 1901, 250 MS. Dom. Let. 131; and 23 Op. At.-Gen., 630, holding Tutuila to be domestic territory.

d For. Rel. 1894, App. I. 697, 698, 701, 704, 706, 709–710, 714, 727, 740, 743, 746, 747, 750, 753; For. Rel. 1895, II. 1128, 1129, 1144-1146, 1149, 1150, 1152, 1155, 1159. e For. Rel. 1896, 531, 538, 545; For. Rel. 1897, 448.

The report of the American commissioner, Mr. Chambers, on the results of the land commission, is printed in S. Ex. Doc. 97, 53d Cong. 3d sess. 465-470. It affords a view of the basis on which the division of the group was afterwards made. The claims before the land commission, in the whole group, numbered 3,942, of which 1,422 were German, 1,757 English, 307 American, 326 French, and 130 miscellaneous. The total acreage allowed was. 135,000, of which twothirds belonged to Germans, who, as Mr. Chambers reported, were "the only foreign residents in Samoa who have, on any system, cleared, planted, and otherwise improved their holdings." The claims allowed to Americans amounted to 21,000 acres, the most of which belonged to a San Francisco corporation, which was insolvent and which had no agent in the group; and its lands were understood to be for sale. Mr. Chambers also stated that there were only nineteen bona fide American citizens resident in the islands, exclusive of officials, and that the commerce of the group was chiefly in German hands. The actual state of commercial and landed interests, and also of nationality among the foreign residents, was therefore recognized in the allotment of Upolu and Savaii to Germany, those islands, and especially Upolu, being the principal seats of commerce and planting; while, on the other hand, in the concession of undivided jurisdiction to the United States over Tutuila and the adjacent islands, the exclu sive rights of the United States in the harbor of Pagopago were placed beyond dispute.

President McKinley, in his annual message of December 3, 1900, stated that the "settlement of the Samoan problem," under the treaty of December 2, 1899, had "accomplished good results," and that "peace and contentment" prevailed in the islands.

12. HORSESHOE REEF; BROOKS OR MIDWAY ISLANDS; WAKE ISLAND.

Horseshoe Reef.

§ 111.

In a conference at the foreign office, in London, Dec. 9, 1850, Mr. Abbott Lawrence, minister of the United States, referring to the need of a lighthouse near the outlet of Lake Erie, stated that it was found that the most eligible site was "Horseshoe Reef," within British jurisdiction, and that he was instructed to ask whether the British Government would "cede to the United States the Horseshoe Reef, or such part thereof, as may be necessary for the purpose of erecting a lighthouse," and, if not, whether the British Government would itself erect and maintain a lighthouse there.

Lord Palmerston replied that his Government was prepared to advise Her Majesty to cede "such portion of the Horseshoe Reef as may be found requisite for the intended lighthouse, provided the Government

§ 111.] HORSESHOE REEF; MIDWAY ISLANDS; WAKE ISLAND. 555

of the United States will engage to erect such lighthouse, and to maintain a light therein; and provided no fortification be erected on the said reef."

It was accordingly agreed that the Crown should make the cession on the conditions named. The lighthouse was erected in 1856.

United States Treaty Volume, 1776-1887, p. 444. In 1884 the Canadian Government granted the United States Lighthouse Board permission to build a crib for a lighthouse near Bar Point, at the mouth of the Detroit River. (Mr. Frelinghuysen, Sec. of State, to Sir L. West, Brit. min., March 20, 1884, MS. Notes to Great Britain, XIX. 430.)

Islands.

Brooks or Midway Islands, situated about 1,100 miles west of Honolulu, and within the limits assigned by the maps to Brooks, or Midway, the Hawaiian group, were formally occupied by Capt. William Reynolds, of the U. S. S. Lackaranna, Aug. 28, 1867. An account of their discovery and occupation is given in S. Ex. Doc. 79, 40 Cong. 2 sess., and Sen. Rep. 194, 40 Cong. 3 sess.; and further information in regard to them may be found in a message of President Cleveland to the Senate of Jan. 27, 1888, which was sent in response to a resolution of that body calling for correspondence touching the occupancy of Midway harbor in Midway Island, but does not appear to have been printed as an executive document.

Mr. Moore, Acting Sec. of State, to Mr. Cousins, M. C., July 11, 1898, 230 MS.
Dom. Let. 153.

See, also, Mr. Adee, 2nd Assist. Sec. of State, to Mr. Lodge, Jan. 11, 1898, 224
MS. Dom. Let. 350. Besides the Philippines, Hawaii, the Alaskan and
Pacific Coast Islands, Guam, Tutuila and other Samoan Islands east of
long. 171° W. of Greenwich, and the various Guano Islands, the United
States claims jurisdiction over "Brooks or Midway Islands lying 1,100
miles west of Honolulu,
and Wake Island." (Mr. Hill, Acting
Sec. of State, to Messrs. Perry, Mason & Co., April 18, 1900, 244 MS. Dom.
Let. 381.)

The settlement of a colony of six Japanese on the Midway Islands "cannot
be regarded by this Government as affording any basis for a claim to the
islands by the Japanese Government." (Mr. Hill, Acting Sec. of State, to
the Sec. of the Navy, Jan. 10, 1901, 250 MS. Dom. Let. 162, enclosing copy
of a dispatch from the United States minister at Tokio of Dec. 13, 1900,
stating that he had addressed a note to the Japanese min. of foreign
affairs, saying that the islands belonged to the United States.)

The United States claims jurisdiction

over the atoll,

Wake Island.

known as Wake's Island, latitude 19° 17′ 50′′ north, longitude 166° 31' east, possession of which was taken

by the U. S. S. Bennington on January 17, 1899.”

Mr. Hill, Assist. Sec. of State, to Mr. Page, Feb. 27, 1900, 243 MS. Dom. Let. 246.

After the passage above quoted there is the following paragraph: "There are several small islands south and west of the Hawaiian group said to be

occupied by American citizens, but the United States Government has never asserted rights of jurisdiction or administration over such islands by reason of their occupancy."

To the same effect is Mr. Day, Sec. of State, to Mr. Cousins, July 13, 1898, 230 MS. Dom. Let. 153.

13. GUANO ISLANDS.

(1) LEGISLATION OF CONGRESS.

$112.

Sections 5570-5578 of the Revised Statutes, embodying the provisions of the Act of Congress of August 18, 1856, contain special rules on the subject of Guano Islands.

Section 5570 provides: "Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other Government, and not occupied by the citizens of any other Government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States."

Section 5571 reads: "The discoverer shall, as soon as practicable, give notice, verified by affidavit, to the Department of State of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other Government, or of the citizens of any other Government, before the same shall be considered as appertaining to the United States."

Section 5572 enables the widow, heir, executor, or administrator of a discoverer, who dies before perfecting proof of discovery or fully complying with the provisions of the statute, to obtain the benefits of the discovery.

By section 5573, "the discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such islands, rocks, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding $8 per ton for the best quality, or $4 for every ton taken while in its native place of deposit."

a As to the origin of this act, see papers and statements by Mr. Henry S. Sanford, S. Ex. Doc. 25, 34 Cong. 3 sess. 35, 93; S. Ex. Doc. 10, 36 Cong. 2 sess. 465–466.