It appears that the land was leased to Coe by Chief Patiole, on August 6,
1884, for a period of fifteen years. The title to the land had previously
been recognized by the municipal government to be in Patiole, and after the
making of the lease referred to, the then municipal board treated Coe as the
rightful possessor and paid rent to him for the use of the land as a site
for the pilot station. It further appears that subsequently, on the 19th of
March, 1885, Coe received a regular deed of the property from Patiole.
These facts are undisputed and seem to make the title of Mr. Coe clear and
incontestable. It appears, however, that the German consul, Mr. Becker, not
being able to obtain a satisfactory lease of the pilothouse from Coe to the
Tamasese Government, in place of the lease that Coe had made to the late
municipal government, has taken possession of the premises and set up a
title to them in the German company, of which Mr. Weber is the head. The
only basis for this pretended title is a general mortgage on Patiole’s land
(of which he had considerable in addition to that now in controversy) given
by him to the German company in February, 1885, to run for three years. Such
a lien clearly ought not to be made the basis of a denial of Mr. Coe’s prior
title to the possession of the land, a title to which has been undisputed
and which the German consul, far from questioning, expressly acknowledged
until he suddenly took possession of the property. Admitting what is by no
means clear, that the general mortgage, which was subsequent to the lease,
applied, or was understood to apply, to the land in the possession of Mr.
Coe, such a lien could form no justification for the action of the German
consul in dispossessing Mr. Coe, whose prior title and possession, derived
from the person who afterwards made a mortgage to the German company, could
not be affected by such a transaction.
As a fact, it is doubtful whether the mortgage ever applied in any sense to
the land in the possession of Mr. Coe, and this doubt is confirmed by the
circumstance that when Chief Patiole died in January last, and the German
company gave notice of its claim by posting placards on his lands, none was
given in reference to the pilot-house property, and Mr. Coe’s title was
unchallenged.
You are instructed to bring this case at once to the attention of the
Imperial Government and to endeavor to obtain a speedy settlement of the
difficulty created by the German consul’s action.
[Inclosure in No. 300.]
Mr. Sewall to Mr.
Rives.
Consulate-General of the United States,
Apia, Samoa, February 24, 1888.
No. 93.]
Sir: Referring to my dispatch numbered 91,
dated February 1, I have the honor to inclose copies of further
correspondence* with the German consul relative to the pilot
station, and to report as follows:
After my letters to Mr. Becker of January 31 and February 1, it was
brought to my attention by the legal representative of |Mr. Coe that
among certain properties deeded to me by Coe on the 27th of December
last, pending the settlement of matters in dispute between him and
Messrs. McArthur & Co., then about to be submitted to arbitration,
was the land in question. I was also informed that Mr. Coe claimed the
house as part of the freehold, the municipality having expired without
assigning, and further, that the Tamasese Government intended to remove
the house shortly.
Accordingly, for the protection of the property, I addressed a letter to
Mr. Becker, February 13, declining the propositions made by him on
behalf of the Samoan Government in his letter of January 31, and
requesting him to notify the occupant to quit.
On the same day Mr. Becker replied that the “Samoan Government” had
vacated the premises, and that, as the representative of the Germans, in
the name of the Imperial German Government, he had taken possession of
the house and installed therein is consular clerk.
The house was now sealed with the seal of the German consulate.
On the 14th I replied to Mr. Becker, stating the American claim and
denying his right to the possession of the house, either his former
position on the municipal board or any assumed preponderance of German
interests—the reasons given in his letter.
On the same day Mr. Becker informed me that the German firm had taken
possession of the land, under a mortgage made by the chief Patiole and
registered in the German consulate on the 19th of February, 1885.
The deed to Coe, deposited with me, is dated the 19th of March, 1885, and
registered at this office the 16th of September following. It is made by
the chief Poomalatai. v A declaration by Patiole, made the 2d of
October, 1885, that Poomalatai had a right to sell the land, accompanies
this.
But the title of Coe, upon which the municipal hoard relied when making
the lease, is a lease from Patiole to Coe for fifteen years, dated
August 16, 1884, and recorded at this office the 18th of September
following. The lease to the municipality was executed on its behalf by
the members of the municipal board after a careful investigation of the
title of Mr. Coe, and after a declaration by Patiole before the
municipal magistrate that Mr. Coe had the right to make the lease.
On the 16th of February I wrote Mr. Becker setting forth these facts, and
adding that, inasmuch as the lease to the municipality contained a
covenant by the members of the municipal board that the land should be
quickly and peaceably surrendered to Mr. Coe, good faith demanded that
this be done.
On the same day Mr. Becker replied. Not denying the title set up by me,
he stated that he was not authorized to make the German firm quit the
land; that the question was a legal one, which, after arrangements
between the Governments, might be decided by arbitration.
As to the house, he suggested that the decision of the Governments be
awaited.
With my acknowledgment of the receipt of this letter, the correspondence
closed.
For some days a keeper had charge of the premises, which were later
guarded by German marines from the war ships Olga
and Adler, who have now been withdrawn.
[Page 629]
The danger to American interests here by the German land claims which are
being pushed in every direction, I pointed out in my dispatch numbered
35, dated October 8, 1887, in which I reported the seizure of Mr. Moors’
land by Mr. Weber.
The case of the pilot station makes the danger the more apparent, because
in this instance the German action had the official countenance of the
German consul, if indeed it was not conducted under his direction.
The American title to the land has the comprobation of the municipal
board, and was not disputed by Mr. Becker himself until, two weeks after
our correspondence had begun, I informed him that the removal of the
house could not be allowed.
I respectfully submit that the possession of this property by German
subjects, secured as it was through the instrumentality of the German
consul, and maintained by force, presents the most important issue yet
arisen here, which, if not met promptly and effectively, will be the
cause of humiliation to our citizens and of discouragement to all
American interests in Samoa.
I have, etc.,
Harold Marsh
Sewall,
Consul-General.
