Governing of The Tongan Group

How Admiral’s "12 points" Conflict With Constitution

(From Our Own Correspondent)

AWAY back in the middle of the last century, we find traces of an en deavour to build up some system of (government for the Tongan people.

The Wesleyan missionaries, realising that the Gospel could only function with law and order, made a bold and worthy attempt to found a quasi-con stitution; but, although they had the loyal support of George Tubou I., it was not until 1875 that the King, directed by the powerful personality and acumen of Shirley Baker, pro duced the real Constitution which is

the “foundation of the legal and ad ministrative system” existing in Tonga to-day. The main features of the Con stitution may be summarised: All men in the Kingdom are to be free for ever, and no person shall serve another against his will. There shall be but one law for chiefs, and commoners, and all men are free to practice their religion. It shall be lawful for all people to speak, write and print their opinions, and the Sabbath Day shall be sacred in Tonga for ever.

To continue our summary, it may be said that, according to the Constitution the “business of Government” in minor

matters is vested in the Premier and his Cabinet; in major matters it is car ried to the Sovereign in Council, and the whole is reviewed by the Legislative Assembly in session once a year.

Now, it is this “business of Govern ment” to which we will give our atten tion. The Constitution is quite clear and easy reading, but since its incep tion in ’75 a complication has crept in.

The First Treaty

A Treaty of Friendship with Great Britain was drafted in 1879, and duly ratified in September, 1881. A further Treaty, more clearly defining the posi tion of His Britanic Majesty’s Agent and Consul in relation to Tongan af fairs, and abrogating to a certain ex tent the original Treaty was ratified in 1901. This last is the standing Treaty between the little Kingdom and her powerful protector.

For our purpose, Article 3 of the Treaty is the only one requiring atten tion. It reads: Her Majesty will appoint a suitable person to act as British Agent and Consul in Tonga, who will be the authorised medium of all communications between Her Majesty’s Gov ernment and the Government of Tonga. And His Majesty the King of Tonga may appoint his Representative to conduct such negotia tions. The Agent will not interfere in any way in the internal affairs and administration in matters where the interests of British sub jects or foreigners are not concerned, but will at all times be ready to advise the King and his Government in any matter as to which they wish to seek his advice, and exercise the jurisdiction vested in Her Majesty by Article 5 of this Treaty until such time as other ar rangements may be made by Her Majesty in that behalf.

This is all in order, but now we come to a most disturbing factor in this “business of Government.” It would seem that during the four years following the signing of the Treaty, the finances were allowed to get into a fearful state; in fact, the whole Gov ernment must have “gone to the dogs” to such an extent, that on a bright January morning in 1905, Commander Douglas Wilkin, of H.M.S. Clio, hopped ashore and had a sharp interview with His Majesty of Tonga.

The Next Development

We do not know exactly what hap pened at that eventful meeting—it would doubtless be interesting reading if one could get access to the archives— but we have before us on page 711 of the Tongan Law Book the extraordin ary “12 Points” which His Majesty signed “without reservation.” The whole twelve are abrupt in the extreme, so much so, that one cannot read them, without conjuring up somebody with a double-barrelled gun or an outsize axe; but for our “business of Government” we pick the only section which has caused continuous trouble since Wilkin put it there. It reads: The British Agent and Consul to be consulted and his advice taken.

There you have it! How do you, gentle reader, construe these exaspera ting twelve words of the “12 Points”?

What was in the worthy Commander’s mind when he put them there? Were they inserted temporarily, and for the specific purpose of securing an early stable Government—after which, nul lity—or were they meant to stand in contravention of the Treaty for all time?

A Consul’S Dilemma

In view of the fact that these twelve words do seriously infringe the excel lent Treaty, and in view of the second fact that within a decade Great Britain had appointed a Chief Justice and an Auditor-General to the Tongan Minis try at the request of the Tongan Sov ereign, and in view of this third fact that since their appointment the little Kingdom has probably the most stable Government in the world, with no national debt and a Treasury surplus of £150,000; many men, not unquali fied to offer an opinion, have stated that even if Wilkin meant this second point to stand, it should now be elimi nated; not only for the peace of mind of the reigning monarch and her coun cillors, but for the peace of mind of any new Consul who finds himself be tween the devil and the deep sea. And what is his position?

If he abides by the Treaty and something particularly unusual hap pens, under Wilkins’ Point 2 he is liable to be “matted” before the Western High Pacific Commission.

If he adheres to Point 2, he is not only infringing the Treaty, but has thrust upon him a Plenipotentiary power over Sovereign, Legislative Council and Cabinet—a power which is not vouchsafed to the highest of the high in a Crown Colony, much less an allegedly self-governing little Kingdom.

Consider this! One man and the des tiny of 26,000 natives!

Possibly, some day, some member of Parliament in the “old country” will find Tonga on the map, and then, out of curiosity, start asking questions. If his curiosity only leads him to a solu tion, one way or the other, I venture to say that I know of a Consul and an Island Privy Council that will acclaim him. And the certainty of his name going to posterity is there if he can only decide between the Treaty with Great Britain of 1901 and Wilkins’ “12 Points” of 1905.

If the Treaty stands, then we have a Government according to the Consti tution; if the Treaty is subservient to the “12 Points” then, to save a lot of unnecessary expense, eliminate a costly Assembly and an equally costly Minis try that cannot function in the shadow of the “12 Points,” and have a straight out one-man Government.

There has to be a decision sooner or later. Let it be sooner, for the good of the little Kingdom and the “better ment of Government” the country never needed it more!