4073.
།:། ། ། །
PUBLIC RECORD OFFICE
Reference :-
CO. 885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
SIR,
No. 195. (SIERRA LEONE.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with Mr. Herbert's letter of the 3rd instant, stating that he
Temple, 14th March 1879. was directed to transmit for our consideration copies of two despatches from the Gov. 3, Governor of Sierra Leone, in which he called attention to the danger to the revenue of January the Colony, arising from the introduction into the rivers adjacent to British Sherbro of Gov. Conf. goods which had not paid Customs duties, and he advocated an extension of British 5 January jurisdiction over the districts in question.
2. That the subject of the best mode of acquiring fiscal control over the seaboard in the neighbourhood of Sierra Leone was brought under our attention by the Earl of Car- narvon in the letters from the Colonial Office of 17th May and 14th June 1877, and in our Report of 19th June 1877 we gave it as our opinion that Her Majesty's officers, acting as agents for the native Chiefs, would have no power to enforce obedience to a direction to pay duties in Sierra Leone against the master of any foreign vessel, as they could not lawfully seize and confiscate foreign vessels for disobedience to Customs regulations imposed under such an arrangement.
3. That in our Report of 29th May 1877, we suggested that the object desired could best be obtained by taking a slip of territory along the beach and the banks of the rivers. That that did of course give to Her Majesty the power to levy and enforce duties, and it had been already acted upon with regard to certain portions of the coast line in the immediate neighbourhood of Sierra Leone, but Her Majesty's Government were extremely reluctant further to increase their responsibilities on the West Coast by the acquisition of any fresh territory if it could by any means be avoided.
4. That the Chief, W. Tucker, who ruled over the territory embracing the greater portion of "Turner's Peninsula," over the seaboard of which it was now desirable to acquire control, was on very friendly terms with the Colonial Government, and would, it was understood, be willing to agree to any reasonable arrangement which they might propose to him.
5. That under those circumstances Mr. Herbert was to request that we would take Governor Rowe's despatches into our consideration, and inform you (1) whether in our opinion there was any objection to the Government of Sierra Leone entering into a Customs bond or agreement with Tucker to the effect that a uniform scale of duties should be levied over such extent of seaboard 'belonging to both parties as might be defined; that such duties should be collected on the joint behalf of and by officers jointly empowered by the parties to the bond, and should be paid into the Sierra Leone treasury. That the Government of Sierra Leone to retain the whole amount received, and to pay to the Chief Tucker a fixed annual sum to be agreed upon with him as a compensation for his share.
(2.) Whether, having reference to our opinion of 19th June 1877, we were of opinion that such a bond would be free from the objections therein specified, and that Customs regulations made under it could be enforced against all ships by seizure and confisca- tion in case of disobedience.
1879.
1879.
6. That Mr. Herbert was to enclose a map which showed the limits of Tucker's "African, territory, and also, for convenience of reference, copies in print of our opinions of No. 139." 29th May and 19th June 1877 above referred to.
In compliance with the request contained in Mr. Herbert's letter we have the honour to
>
Report
That the objections specified in our Report of the 19th June 1877 would apply
to the proposed Customs bond or agreement with the Chief Tucker.
2. That no breach of the Customs regulations made thereunder, so far as the same might relate to the territory of the Chief Tucker, could be enforced against foreign ships by seizure and confiscation.
The Right Hon.
Sir Michael Hicks Beach, Bart., M.P.,
&c.
&c.
&c.
We have, &c.,
(Signed)
JOHN HOLKER.
HARDINGE S. GIFFARD.
pp. 30-an 47.
▲ 19916.-166. 25.-19,81.