Samoan Sensation - 1839 Commercial Regulations

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The following rules were drawn up 1839, by Captain Charles Wilkes of the first U.S. Exploring Expedition. This document was intended to ensure that Samoans would gain financial recompense for providing harbourage and to ensure that there was some degree of protection for them, from possibly unruly sailors. In return certain rights of governments and ship owners were to be recognised by the Samoans. This code of conduct was based upon one drawn up in the previous year by Captain Charles Drinkwater Bethune of the British vessel Conway.

Commercial Regulations, made by the principle chiefs of the Samoa Group of Islands, after full consideration in Council on the fifth day of November, 1839.

I.
All Consuls duly appointed, and received in Samoa, shall be protected both in their persons and property, and all foreigners, obtaining the consent of the Government, and conforming to the laws, shall receive the protection of the Government.

II.
All foreign vessels shal be received into the ports and harbours of Samoa, for the purpose of obtaining supplies, and for commerce; and with their officers and crews, so long as they shall comply with these regulations, and behave themselves peaceably, shall receive the protection of tie Government.

III. The fullest protection shall be given to all foreign ships, and vessels which may be wrecked; and any property moved shall be taken possession of by the Consul of the country to which the vessel belongs; who will allow a salvage, or portion of the property so saved, to those who may aid in saving, and protecting, it the same; and no embezzlement will he permitted under any circurnstances whatever. The effects of all persons deceased shall be given up to the Consuls of the nation to which they may have belonged.

IV.
Any person guilty of the crime of murder, upon any foreigner, shall he given up without delay to the commander of any public vessel of the nation to which the deceased may have belonged, upon his demanding the same.

V.
Every vessel shall pay a port charge of five dollars, for anchorage and water, before she will be allowed to receive refreshments on board; and shall pay for pilotage in and out, the sum of seven dollars, before she leaves the harbour: and pilots shall be appointed subject to the approval of the Consuls.

VI.
No work shall be done on shore, nor shall any natives be employed on board vessels on the Sabbath Day, under a penalty of ten dollars, unless under circumstances of absolute necessity.

VII.
All trading in spirituous liquors, or landing the same is strictly forbidden. Any person offending shall pay a fine of twenty-five dollars; and the vessel to which he belongs shall receive no more refreshments. Any spirituous liquors found on shore will be seized and destroyed.

VIII, All deserters from vessels will he apprehended, and a reward paid of five dollars to the person who apprehends him; and three dollars to the chief of the district in which he may be apprehended, shall be paid on his delivery to the proper officer of the vessel. No master shall refuse to receive such deserter under a pettedly of twenty-five dollars. Desserters taken after the vessel has sailed shall be delievered up to the Consul, to be dealt with as he may think fit. Any person who entices another to desert or in any way assists him, shall be subject to a penalty of five dollars, or one month hard lahor on the public roads.

IX.
No master shall land a passenger without permission of the Government, under a penalty of twenty- five dollars, and no individual shall be permitted to land or reside on the Samoa Group of Islands without the special permission of the Government. Any one so landing shall be compelled to leave by the first opportunity.

X. If a sick person be left art shore from any vessel for the recovery of his bealth he shall be placed under charge of the Consul, who shall be responsible for his sick expenses and will send him away by the first opportunity after him recovery.

XI.
Any seaman remaining on shore after 9 o'clock at night shall be made a prisoner until the next morning when he shall be sent on board, and shall pay a penalty of five dollars.

XII.
All fines to be paid in specie or its equivalent, or be commuted by the Goyernment at the rate of one months hard labor on the public road for five dollars.

XIII.
Should the master of any vessel refuse to comply with any of these regulations, a statement of rite case shall be furnishied to the nation or the Consul of the nation to which he belongs, and redress sought from thence,

XIV.
All Magistrates or chiefs of districts where vessels or boats may visit, shall enforce the rules and regulations relative to the landing of foreigners, and apprehension of deserters, or pay such a fine as the Malo shall impose.

XV.
For carrying into effect the foregoing rules and regulations the chieftain and tula fale of the respective districts shall meet and elect one of their number to act as Magistrate or Judge, to execute the laws.

XVI.
These regulations shall be rooted, promulgated, and a copy furnished to the master of each vessel visiting these islands
The Foregoing rules and regulations, having been signed by the King and Chief. in my presence, and submitted to me, I consider them justand proper, and shall forward to the Amerimn Government a Copy of the same, for the information of all Masters of Vessels visitng the Samoa gropup of Islands.
CHARLES WILKES,
Commanding. U. States Exploring Expedition.
in presence of
WILLIAM L. HUDSON, Commanding U. S, Ship Peacock.
CADR. RINGGOLD, Commanding U. S. Brig Porpoise,
R. R. WALDRON, U. States Navy.
B. VANDERFORD: Pilot.

Reformatted: 4th May 2004