MY LORD,
No. 54.
(GAMBIA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, March 14, 1894. We were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 10th instant stating that he was directed by your Lordship to invite our attention to the enclosed Despatch dated the 14th ultimo, in which the Administrator of the Gambia asked as to the power of the Supreme Court to try a native for murder committed outside the colony but within the adjoining British Protectorate. That Mr. Bramston was also to enclose a copy of the Order in Council of the 23rd of November 1893, and copies of two telegrams.
That your Lordship apprehended that the locus in quo, Swarra Kunda, being more than 20 miles beyond the boundary of the Settlement (now called the Colony) of the Gambia, the Act 34 Vict. cap. 8 had no application to the present case.
That your Lordship also apprehended that Swarra Kunda, being situated in territory which was under British protection, Her Majesty possessed jurisdiction there and that it was competent to Her Majesty by Order in Council, under the Foreign Jurisdiction Act 1890, to create a British court at Swarra Kunda (or elsewhere in the Protectorate) to exercise civil and criminal jurisdiction in respect to all such persons within the Protectorate as were subject to Her jurisdiction. That further by Section 9 of the Foreign Jurisdiction Act it was competent to Her Majesty by Order in Council to confer upon the Supreme Court of the Colony of the Gambia any jurisdiction, civil or criminal, which might be assigned to a British court created as above mentioned. And Mr. Bramston was to state that the 4th Section of the Order in Council of the 23rd of November 1893 was framed with that object in view.
Mr. Bramston further stated that if that view of the law were correct the answer to Mr. Llewelyn's enquiry would appear to depend upon the question whether this Native who was accused of committing murder at Swarra Kunda was a person subject to Her Majesty's jurisdiction within the Protectorate. Your Lordship apprehended that such persons consisted of,
1. British subjects.
2. The subjects of such Foreign Powers as were Signatories of the General Acts of
the Berlin and Brussels Conferences.
3. Such natives in the Protectorate as submitted themselves to the jurisdiction of
Her Majesty.
That the Gambia Protectorate contained various towns and districts under native rulers called Alcaides who were understood to be independent of superior authority and for the suppression of the slave trade measures were being taken to extend British authority and to bring the people under civilized laws and a proper system of administrative justice. That it was conseqr.atly desirable to encourage the authorities to send grave offences for trial in British courts. That in the present case your Lordship had sent the telegram of the 6th instant in order to ascertain whether the Alcaide of Swarra Kunda was competent to submit the inhabitants of that place to Her Majesty's jurisdiction.
Mr. Bramston requested that we would favour your Lordship with our opinion whether the statement of law contained in his letter was correct; or whether it was incorrect in any particulars.
Whether the Supreme Court of the Gambia might lawfully proceed to the trial of the native in question.
Whether it would be proper to reply by telegraph in the affirmative to both or either of the questions asked by Mr. Llewelyn.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report-
That our view of the questions submitted to us is largely based on the information communicated in conference by the Secretary of State and Mr. Bramston.
We understand the facts to be:-
(1) That the territory over which the so-called Protectorate extends is ruled by various Alcaides, (2) that these Alcaides are not subject to any superior power, (3) that
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