THE SECRETARY OF THE TREASURY, DEPARTMENT of Justice, Washington, D.C., February 17, 1902. SIR: I have received your letter of the tenth instant, asking my opinion upon the question "whether merchandise shipped from Pago Pago Tutuila, is entitled to free entry in view of the Convention concluded by the United States, Great Britain and Germany, on December 2, 1899". If Pago Pago is not a foreign port, then, according to the recent decisions of the Supreme Court, the law imposing duties upon goods imported into the United States does not impose a duty upon goods brought from that place. The privilege of establishing at the harbor of Pago Pago, a station for coal and other naval supplies for our naval and mercantile marine, was obtained by treaty of 1878 with Samoa and a deed made in pursuance thereof. By recent events, including the making, and executing of a treaty between Great Britain, Germany and the United States, the Island of Tutuila, of which Pago Pago is a port, has come under the control and into the possession of the United States. It is a small island with but three or four thousand inhabitants, has been separated politically from the remainder of the Samoan group, the authority of the King of Samoa over it is at an end, and it has no government but that of a naval officer appointed by the United States authority, except local town governments. By the treaty referred to, the exclusive sovereignty of the United States over it appears to be asserted by us and recognized by Great Britain and Germany, which nations formerly shared with us a protectorate. I find that on December 6, 1900, the Department of State, whose opinion is entitled to great weight in interpreting the effect of its own negotiations and proceedings in such a case, expressed the view, that Pago Pago is not a "foreign port or place" within the means of the law imposing a tonnage tax upon vessels. And on December 8, 1900, two days later, your own Department (Treasury Decision 22661) ruled that such a tax was not collectible upon a vessel from Pago Pago. Among the enclosures of your letter to me is one from the Secretary of State, advising you that "the islands of Tutuila and Manua, being in the exclusive possession and control of the United States, should be considered as domestic territory in the sense in which and to, the extent that Puerto Rica was so, immediately before the passage of the statute providing a government therefor." In view of these things I am of the opinion that our tariff laws, imposing duties upon goods from "foreign countries," are not applicable to goods arriving from Pago Pago. A practical question arises from the provision of the tripartite treaty referred to, that "each of the three signatory 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." That is to say it is possible that English and German merchants may attempt, under cover of this provision, to carry goods via Pago Pago into some of our other ports, since, according to the doctrine laid down in Dooley v. United States, 182 U.S., and other cases, goods entering Pago Pago from the United States are not dutiable by executive authority, and so as to goods arriving from Pago Pago in the ports of the United States. But this cannot alter the status of the ports of Tutuila, nor does it present any difficulty which Congress and your Department cannot easily deal with. The treaty neither stipulates for free entry into Pago Pago nor is intended to provide a means for entry into other ports on the terms stipulated in the case of Pago Pago, but only that the same privileges we see fit to accord at Pago Pago to our own commerce and vessels shall be enjoyed by British and German goods and vessels arriving there, and that reciprocally, American merchants shall have the privileges in the ports of the British and German islands of the group accorded there to British and German commerce. Respectfully, P. C. KNOX, Attorney General. Notice there is no reference explicit or implicit of the existence of the Instrument of Cession of 1900 mentioned the Joint Resolution of February 20, 1929 and these two bills. I hope the Chairman of this Subcommittee will take upon himself the task of finding the original Instrument of Cession and preserving it with other treaties and legal documents of the United States Government with respect to Samoa. 1. In my opinion, it is worth the dignity and the creditability of this Sub-committee, the Department of the Interior and the Government of the United States and certainly to the interest and future of Samoa to dispel any doubt whether this Instrument of Cession is a Hoax before any of these bills is passed. 2. On the other hand, under the assumption that such Instrument is authentic and existed, then based upon the contents of such Instrument, "2. The Government of the United States of America shall respect and protect the individual rights of all people dwelling in Tutuila to their lands and other property in said District. . . . 5. We, whose names are subscribed below, do hereby declare with truth for ourselves, our heirs and representatives, by Samoan Custom, that we will obey and owe allegiance to the Government of the United States of America.", the language and qualification of electors as expressed in these two bills violate not only the spirit, but the qualification and language of the Instrument of Cession as well as the Joint Resolution by depriving rights of other inhabitants of Eastern Samoa who are not qualified electors under the present Constitution of American Samoa to vote for their own Governor and Lieutenant Governor. In other words, the principle of Self-determination will not be enjoyed by a substantial number of people in Eastern Samoa. 3. Limiting the nominating election to every four years conflicts with the power of the President to remove and fill vacancies at will. 4. The two bills lack brakes or safeguard of the people's welfare by failing to provide a sound removal and nominating procedure between the four-year elec tion period in case of misconduct or other unforseeable reasons. 5. The time elements as prescribed in these bills hinders the spirit and the effectiveness not only of these two bills but also the Instrument of Cession which is the vital part of the Joint Resolution of February 20, 1929. In my opinion, if Eastern Samoa is going to elect her Governor and Lieutenant Governor now while Congress is not yet ready to pass proper legislation for the Government of Eastern Samoa, the Department of the Interior has little else to do besides paying the bills. If such is the case, Eastern Samoa might as well be granted independence. Yet the island economy is not strong enough to sustain her life, and village governments are not properly organized and updated to meet their responsibilities due to lack of financial support and proper guidance from both the Government of the United States and from the Central Government of American Samoa. Until these things have been accomplished, in my opinion, Eastern Samoa is not ready to elect her own Governor and Lieutenant Governor. Mindful of the serious need and wisdom of utilizing well qualified Samoans not only as Governor and Lieutenant Governor but all other specific Samoan offices in Samoa and in the Department of the Interior and related agencies of our Government, at the same time adhering to the interest and spirit of not only the Instrument of Cession, the Joint Resolution and the Responsibilities of Congress. the Department of the Interior and other related agencies, I therefore respectfully submit the following amendments to the two bills. Proposed Amendments by Vaiinupo J. Alailima for H.R. 11523 and H.R. 12493: A BILL To Provide for the appointment of the Governor and Lieutenant Governor of Eastern Samoa, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of the joint resolution entitled "Joint Resolution to provide for accepting, ratifying, and confirming the cessions of certain islands of the Samoan group to the United States, and for other purposes", approved February 20, 1929, as amended (45 Stat. 1253; 48 U.S.C. 1661), is amended to read as follows: "(c) Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct, and the President shall have the power to remove said officers and fill the vacancies so occasioned," except that the Governor and Lieutenant Governor of Eastern Samoa shall be chosen with the advice and consent of the United States Senate and with preference given to native Samoans or persons of Samoan ancestry who are Citizens of the United States or owe Allegiance to the United States of America. It is the expressed intention of Congress in this act: a. The preference for native Samoans or persons of Samoan ancestry should not be limited to Governor and Lieutenant Governor of American Samoa but to every other position directly responsible or created for Samoan affairs in the Department of the Interior and related Agencies of the United States Government. b. Not withstanding existing laws of the United States Government, this Act will admit in the United States House of Representatives a Non-Voting Delegate from Eastern Samoa, called "Delegate of Samoa"-who will enjoy every other right and privilege accorded to a United States Congressman, to serve not only as a representative of all Samoans in Congress but also a chief advocate of Samoan interest and affairs in Congress beginning in January 1973. Such Delegate should be elected biannually in the manner prescribed by the Legislature of American Samoa in harmony with this Act and not in conflict with the instrument of Session and the Samoan Customs and Culture. The Legislature shall also prescribe proper recall and special election procedure to meet emergency and special condition. Finally, its time for Congress to bring Eastern Samoa to her proper place and to enjoy the rights and privileges accorded to her sister territories. Thank you for your patience and understanding and forgive me if I had unknowingly transgress upon the ground of proper etiquette. May the wisdom of God be with you in your deliberation. Soifua (Long Live) Aloah. Mr. BURTON. Please proceed with your statement. Mr. ALAILIMA. Mr. Chairman, honorable members of the subcommittee, thank you very much for the opportunity you are giving me to testify before you today. Before I address myself directly to H.R. 11523 and H.R. 12493 allow me the privilege to establish the ground on which I am presenting my statement and views today. Due to the absence of a formal reply from you, Mr. Chairman, to my letter of March 6, 1972, requesting an appearance-under the heading Prince Galumalemana Vaiinupo J. Alailima, my chief's title and rank; Special Representative of Samoan Villages of Tutuila, American Samoa and Savai'i, Western Samoa, my special title with respect to the Commission I presently hold-as a matter of record I submit that the proper courtesy and honor to the special representative of Samoan villages has not been shown and the views of the villages, chiefs and people I represent have been suppressed. In my deep interest for a thorough discussion of the forementioned bills upon their merits and in the interest of harmonizing our democratic principles and process with proper courtesy and proper protocol in reference to my fellow-chiefs, who are members of the Legislature of American Samoa, who are also appearing today, I therefore request to record my appearance before this honorable subcommittee as an American citizen, native son of Samoa, who was among the first graduating class of the High School of American Samoa, brought by the U.S. Navy to the mainland to train for leadership in American Samoa, whenever the Interior Department took over, and who is now a civil engineer for Catania Engineering Co. in Chester, Pa., a Republican Committeeman in Philadelphia and presently a candidate for Republican Party State Committee, Pennsylvania Senatorial District No. 7. With your permission, Mr. Chairman and the subcommittee, may I introduce into the record some of my mayoralty campaign materials to further enlighten the committee about my background, my outlook of life as well as my contributions to our democracy here in the States and in Samoa, which will have some bearing on my statement and position. Mr. BURTON. Thank you very much. 76-478-72- 4 Mr. ALAILIMA. Excuse me. This is the thing that I refer to. Mr. ALAILIMA. All right. This is why we withheld it. With respect to H.R. 11523 and H.R. 12493 I, as a native son of Samoa and a product of Samoan and American democracy, support the spirit of both bills wholeheartedly and I salute the Chairman and other members of the subcommitttee and Congressman Matsunaga for their effort in introducing such legislation. However, as a political scientist and an experienced student of prac tical politics both in Samoa and in the States, I must take issue with respect to the mechanics and the timing through which the noble spirit of these two bills will be transformed into reality. 1. These bills are based upon the joint resolution of February 20. 1929 confirming a questionable instrument of cession of which the legality has not been tested. The authenticity of its existence, in my opinion, is doubtful. The following letter from the Attorney General of the United States to the Secretary of the Treasury in 1902 fails to mention this important instrument as a basis of its legal opinion with respect to the legal status of Tutuila and Manu'a. The letter reads as follows: "Department of Justice, Washington, D.C., February 17, 1902." Mr. BURTON. Excuse me. We have that matter incorporated into the record, so you needn't read that. We are confronted with a problem in 12 minutes. The House is in session and the rollcall has started, so we have 12 minutes to complete the hearing. We have one more witness and then the questions. Please proceed. Mr. ALAILIMA. Notice there is no reference explicit or implicit of the existence of the instrument of cession of 1900 mentioned on the joint resolution of February 20, 1929 and these two bills. I hope the Chairman of this subcommittee will take upon himself the task of finding the original instrument of cession and preserving it with other treaties and legal documents of the U.S. Government with respect to Samoa. In my opinion, it is worth the dignity and the creditability of this subcommittee, the Department of the Interior and the Government of the United States and certainly to the interest and future of Samoa to dispel any doubt whether this instrument of cession is a hoax before any of these bills is passed. 2. On the other hand, under the assumption that such instrument is authentic and existed, then based upon the contents of such instrument. 2. The Government of the United States of America shall respect and protect the individual rights of all people dwelling in Tutuila to their lands and other property in said district... 5. We, whose names are subscribed below, do hereby declare with truth for ourselves, our heirs and representatives, by Samoan custom, that we will obey and owe allegiance to the Government of the United States of America.", the language and qualification of electors as expressed in these two bills violate not only the spirit, but the qualification and language of the instrument of cession as well as the joint resolution by depriving the rights of other inhabitants of eastern Samoa who are not qualified electors under the present Constitution of American Samoa to vote for their own Governor and Lieutenant Governor. In other words, the principle of self-determination will not be enjoyed by a substantial number of people in eastern Samoa. 3. Limiting the nominating election to every 4 years conflicts with the power of the President to remove and fill vacancies at will. 4. The two bills lack brakes or safeguard of the people's welfare by failing to provide a sound removal and nominating procedure between the 4-year election period in case of misconduct or other unforseen reasons. 5. The time elements as prescribed in these bills hinders the spirit and the effectiveness not only of these two bills but also the instrument of cession which is the vital part of the joint resolution of February 20, 1929. In my opinion, if eastern Samoa is going to elect her Governor and Lieutenant Governor now while Congress is not yet ready to pass proper legislation for the government of eastern Samoa, the Department of the Interior has little else to do besides paying the bills. If such is the case, eastern Samoa might as well be granted independence. Yet the island economy is not strong enough to sustain her life, and village governments are not properly organized and updated to meet their responsibilities due to lack of financial support and proper guidance from both the Government of the United States and from the central government of American Samoa. Until these things have been accomplished, in my opinion, eastern Samoa is not ready to elect her own Governor and Lieutenant Governor. Mindful of the serious need and wisdom of utilizing well qualified Samoans not only as Governor and Lieutenant Governor but all other specific Samoan offices in Samoa and in the Department of the Interior and related agencies of our Government, at the same time adhering to the interest and spirit of not only the instrument of cession, the joint resolution and the responsibilities of Congress, the Department of the Interior and other related agencies, I therefore respectfully submit the following amendments amending the two bills to read.1 Finally, it's time for Congress to bring eastern Samoa to her proper place and to enjoy the rights and privileges accorded to her sister territories. Thank you for your patience and understanding and forgive me if I unknowingly transgress upon the ground of proper etiquette. May the wisdom of God be with you in your deliberation. Soifua (long live) Aloha. Mr. BURTON. I want to thank you for taking the time and effort that is reflected in your presentation. Our final witness will be Mr. William Wohlfeld, who formerly was assistant to Governor Haydon. I would like to at this time without objection insert the statement of Mr. Wohlfeld in full in the record at this point, and it is so ordered. I would like to further on behalf of the committee's interest, Mr. Wohlfeld, thank you for your patience. In the opinion of the Chair it was more important, if you will, to hear from those who traveled a considerable distance, and for that distance, and for that reason we have waited until this point on the agenda to hear from you. 1 See amendments on p. 44. |