8422.
PUBLIC RECORD OFFICE
Reference :-
ITILLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 648.
(GOLD COAST.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, July 12, 1870. We are honoured with your Lordship's commands, signified in Mr. Otway's letter of the 2nd instant, stating that he was directed to request that we would furnish your Lordship with our opinion upon an important question that has been raised as to the constitution of certain courts of equity established at various trading places on the West Coast of Africa beyond Her Majesty's jurisdiction.
That these courts have been formed either by treaty or agreement with the native chiefs to settle disputes between the natives and traders, and that they have exercised the power of inflicting punishments and levying fines. That they have provided a simple and efficient means of administering justice and settling disputes, and that their decisions have always been acknowledged and obeyed both by the natives and traders on the west coast.
A statement was inclosed showing by what authority and in what manner these courts were constituted.
That in a case which was recently brought before Mr. Chalmers, the chief magis- trate of the British Colonial Court at Cape Coast, the particulars of which we should learn from the enclosed correspondence, the defendant pleaded in his favour a decision previously given by one of the courts of equity, but that the judge set aside the plea on the ground that there was no evidence of the legal competency of the court in question. That this decision has given rise to a serious question as to the competence of all these courts of equity, and Mr. Otway was therefore to request that we would furnish your Lordship with our advice upon the following points.
1st. Whether the Court of Equity at Brass (the one in question) and those at other places on the west coast established under similar circumstances in the territories of independent chiefs and acknowledged by them, are legally constituted, and whether their decisions can be considered as having legal force; if not, what measures, if any, can be taken to place them upon a proper footing?
2nd. Whether the decision of Mr. Chalmers was right and proper in the case in point under the circumstances as they were laid before bim?
In obedience to your Lordship's commands we have the honour to
Report
That the courts in question appear to us to be useful institutions, to the working of which it is undesirable to oppose obstacles. It may, perhaps, be worth the considera- tion of Her Majesty's Government whether means might not be taken to encourage and improve such tribunal, and possibly even to place them by legislation on some more recognised footing. At present, however, we are unable to advise your Lordship that the judgments of these courts are entitled to the same respect in law as the judgments of the regularly constituted tribunals of recognised and civilized com-
munities.
It does not appear, further, that the protection of the judgment of the so-called court was set up and claimed by the defendant in a proper manner, and on both these grounds we are of opinion that the judgment of the Chief Justice was correct.
The Earl Granville,
&o.
&c.
We have, &c. (Signed)
R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.
O 16278.-149.
95.-5/86.
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