PUBLIC RECORD OFFICE
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C.O.
דוד
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12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
4. That your Lordship therefore proposed to instruct Governor Rowe not to enter at present into any arrangements with respect to the territory claimed by the French, but with regard to the country north of such territory to negotiate a new Treaty, ceding the right to Her Majesty to collect duties as in the other cases; and your Lordship had under consideration whether a clause should be added keeping alive the Treaty of 1826.
5. That Mr. Bramston was directed by your Lordship to request that we would be good enough to inform him-
(a.) Whether the course proposed in the accompanying instructions was one that
might be carried into effect.
(b.) Whether it would be advisable to add to any Treaty which might be concluded with respect to the territory north of the Mellicourie a clause keeping alive the Treaty of 1826.
(c.) Whether, in the event of the contemplated Treaties being made, it would be competent for Her Majesty, acting through the Governor of Sierra Leone, to direct that all duties leviable under the Treaties should be paid at Free- town, in the Colony of Sierra Leone.
(d.) Whether it would be competent for Her Majesty under the said Treaties to fix a scale of duties in the territories aforesaid higher than those payable at Freetown, so as to give merchants a pecuniary inducement to come to Freetown to pay those duties.
6. That your Lordship would also be glad to be informed whether in our opinion, having regard to the purposes in view and to the opposition which might be encountered from the masters of foreign vessels in the collection of duties, it might be desirable to supplement the Treaties which, as already described, it was proposed to obtain by the insertion therein of special powers to establish Custom houses, to appoint officers for the collection of the revenue, to fix the rates of duties, to seize and confiscate vessels and cargo for nonpayment or evasion of duties, and to do such other acts as might be necessary for securing the collection of those Customs dues.
7. That your Lordship would further be obliged by our informing you whether, in the event of those powers of seizure and confiscation being exercised in the case of a foreign vessel without the intervention or judgment of any tribunal being obtained, there would be a valid ground of remonstrance on the part of the Government to which such vessel belonged, and if our opinion on that point should be in the affirmative, Mr. Bramston was to request that we would inform your Lordship whether such cases could be brought within the jurisdiction of the Courts of Sierra Leone by Order in Council or by any other and what means.
In obedience to your Lordship's commands we have the honour to
Report
(a.) That we see no further objections than those stated in our answers to subsequent questions to the proposed instructions.
(b.) It seems to us that to accept at the present date a cession from the Chiefs of the territory north of the Mellicourie of the right to levy Customs duties is inconsistent with the position that the territory became British in 1826. The insertion of the
proposed clause would therefore prove that the native Chiefs had no title to grant the rights which they propose to confer on the British Government.
(c.) We think that Her Majesty's officers, acting as agents for the native Chiefs, would have no power to enforce obedience to a direction to pay the duties in Sierra Leone against the master of any foreign vessel, The direction, if given, would
therefore in effect be nugatory.
(d.) Her Majesty, as agent of the native Chiefs, might fix any rates of duty authorised by the Convention made with them, and it would be no objection that such rates were higher than those payable in Freetown under the British Customs regulations.
6. In our opinion it will be desirable to arrange for the insertion in the proposed Treaties of special powers, to establish Customs houses, to appoint officers for the collection of the revenue, and to fix the rates of duties.
7. We do not think Her Majesty's officers could lawfully seize and confiscate foreign vessels for disobedience to the Customs regulations imposed under the intended arrangements. Such seizure and confiscation could only take place under the autho- rity of the native Chiefs, and as these Chiefs possess within their territories no
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competent tribunals, and are, we understand, mere savages, foreign nations would be justified in declining to recoguise their authority to seize and confiscate vessels.
As to the concluding part of this question we are clearly of opinion that no Order in Council could give jurisdiction to the Courts of Sierra Leone over foreign vessels in such cases.
The only means open to the British Government for enforcing payment of the duties imposed would be to prevent the shipping and unshipping of cargoes in native territory unless the duties were paid. The officers engaged in such service would. however, be acting outside the jurisdiction of Her Majesty, and would therefore have to look to the native Chiefs and not to Her Majesty for protection and aid in carrying out such service.
We have. &c.. (Signed) JOHN HOLKER.
HARDINGE S. GIFFARD.
The Right Hon. the Earl of Carnarvon,
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