25743.
MY LORD,
No. 225A.
(NORTHERN NIGERIA—GENERAL.)
LAW OFFICERS TO FOREIGN OFFICE.
Royal Courts of Justice, WE were honoured with Your Lordship's commands signified in Mr. Bertie's
7th September, 1899. letter of the 16th ultimo, relative to certain claims for compensation in respect of depredations by uncivilised tribes within the territories or protectorates of civilised Powers.
We have taken the papers into our consideration, and, in obedience to Your Lordship's commands, have the honour to
Report-
THAT in our opinion the liability for claims of this kind must depend upon the question whether there has been a failure to take reasonable precautions against the occurrence of such outrages. This is a question of degree. The same security cannot be obtained in an African Protectorate as that which is enjoyed in a more settled country. The Government of the Protectorate has fulfilled its duty to other States if it has taken such steps for the protection of life and property as under the circumstances might reasonably be expected.
There is no sufficient evidence to show that the Portuguese Government have neglected this duty, and that the outrage in question has been the result of such neglect. In the absence of such evidence we cannot advise that any formal demand for compensation should be made.
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Inforipal representations may be made in the interest of the claimants, and if a fine be imposed on the offending tribes it might be applied in compensating Messrs. Sinderam and Walker. But we cannot, under present circumstances, advise that. compensation should be insisted on as a matter of right.
In like manner we think that there is nothing to show that the loss to the French Missionaries was the result of default on the part of the Niger Company. The Company cannot be regarded as guaranteeing the safety of the property of Missionaries in such a territory, and we do not think that satisfaction of the claim should be pressed on the Company
The Marquess of Salisbury, K.G.,
&c.. &c.,
&c.
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
• Claim of Messrs. Sinderam and Walker against Portuguese Government, Claim of "Société des Missions Africaines " against Niger Company,
$708-23—9.99
Wt 439 D & S
PUBLIC RECORD OFFICE
C.O.885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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