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9.
dropped by the Foreign Office in the course of
negotiation (just as the French clain to require those
opting for British nationality to leave the ceded
territory was dropped by them).
(ii) In such relatively simple societies the reservation
of native law and custom covered most of what was
(iii).
But
First,
required for the ordinary indigenous inhabitants.
certain cases which arose did have a significant
bearing on the safeguards and their sufficiency.
a plea from the Anglican Diocese of Sierra Leone (the
Los islands being under Sierra Leone administration)
concerning the security of the churches and schools. of
their mission there, fearing that they might be deprived of these, as (they alleged) they had when the mainland of
Senegal was ceded to France in 1862. The CO's concern
was increased by the belief that, under the then French
law, religious societies could not hold property. Secondly,
a British trading Company which protested to the CO about
the security of its freehold property in the Los Islands
and threatened to claim compensation from HIG for
losses incurred through this "breach of faith". Nothing
could be done about these because they come too late
though they could Lot in fact have come earlier because of
the secrecy of the negotiation with France and also
because, as the CO observed, the treaty contained no
provisions for the rights of British subjects domiciled
but not "born" in the territory who did not opt for French
citizenship. The CO emphasized this defect of the treaty
and the insufficiency of the 'native law and custom' clause
which the FC had thought sufficient for this purpose.
A third case of glotests by a substantial number of native
Gambian mcrchants was mainly directed to the fear of a
further cession of territory to France consequent on the
treaty's provisions concerning French access to the
navigable part of the river, and is less relevant.
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