PUBLIC
RECORD OFFICE
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C.C
Reference :-
885
15 PUBLIC RECORD OFFICE, LONDON
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COPYRIGHT PHOTOGRAPH-NOT TO
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4 Geo. III., c. 20, an·l 5 G20. III. c. 41, which relate to the Fort of Senegal. That by an Act passed in 1783 (23 Ges. III., c. 65), Fort James and the River Gambia and their Dependencies were vestel in the Company of Merchants tra ling to Africa.
That by an Act pass d in 1791 (31 Geo. III., c. 55), the Sierra Leone Company was established for carrying on trade between the Kingdom of Great Britain and the Coast of Africa, and by Section 44 of that Act the Crown was empowered to grant to the Company suh portions of the Peninsula of Sierra Leone as then might be, or might there. after be vested in the Crown by grant, purchase, or cession front any of the Native Chiefs, and the Company was in like manner empowered to purchase from the Native Chiefs so That in pursuance of the powers much land as should include the whole Peninsula. given by that Act the Company purchased a part of the Peninsula of Sierra Leone, formed a considerable establishment for their officers, servants, &c., laid out plantations and built the town of Freetown. That the Company also formeil other settlements on the neigh- bouring coasts for the purposes of their trade.
That by Letters Patent dated the 5th July, 1800, the Company received a grant from the Crown of all such parts of the district known as the Peninsula of Sierra Leone as had been vested in the Crown by grant, purchase, or cession from the Native Chiefs, together That the with certain other rights and franchises within or belonging to the same. Company also received the right from the Crown to purchase additional land within the Peninsula.
That by an Act of Parliament passed in the year 1837 (47 Geo. III., Sess. 2, c. 41), those Letters Patent were declared void, and the Peninsula of Sierra Leone and all forts, castles, buildings, or estate which had been purchased or otherwise acquired by the Company in addition to the Peninsula, or which then were possessed or claimed by the said Company in and about the said Peninsula, were vested in His Majesty King George III., That it was further provided by the second section of his heirs and successors for ever. the same Act that the Company should cease to exist at the end of seven years,
That, accordingly on the 27th July, 1808, the Company surrendered to the Governor of the Colony possession of its lands, but that the Governor was instructed to continue the administration of the Government in accordance with the Letters Patent which had been granted to the Company. That on August 9th, 1809. Letters Patent were issued providing for the Government of the Colony, and the Governor in Council was empowered to settle and agree with the inhabitants of the Colony for such lands, tenements, and hereditaments as then were or should thereafter be within the power of the Crown to dispose oi, and to grant them to such persons upon such rents, &c., as he should think fit.
That by an Act of Parliament passed in the year 1821 (1 and 2 Geo. IV., c. 28), the Company of Merchants trading to Africa was abolished, and all forts, casties, buildings, possessions or estate or rights which had been given to the Company in pursuance of certain recited Acts of Parliament, or which had been since purchased, or otherwise acquired by the Company, or which were, at the date of the Act possessed or claimed or held by them, were declared to be absolutely vested in the Crown. That by the third section of the same Act it was declared that it should be lawful for the Crown to order and direct that any Forts and Possessions thereinbefore mentioned, and also any Terri- tories, Islands, or Possessions on the West Coast of Africa between the 20th degree of north latitude and the 20th degree of south latitude which then did, or at any time there- after might belong to the Crown, should be annexed to or made Dependencies of Sierra Leone, and that the laws of the Colony should thereupon apply to any such Territories or Possessions. That the second and fourth sections of that Act had been repealed. That the remainder of the Act was still in force.'
That by a Charter of the year 1821 all Territories which at the date of the Charter, or at any time thereafter might belong to the Crown between the limits given in the last- mentioned Act were made Dependencies on the Colony of Sierra Leone, and provision was made for the Government of the Colony. That further provision was made for the That in 1843, by an Act of Government of the Colony by Letters Patent in 1846. Parliament (6 Vic., c. 13), Her Majesty was empowered to make laws by Order in Council for the Government of Settlements on the Continent of Africa, and that this Act was amended by 23 and 24 Vic., c. 121. That both those Acts were repealed by the British Settlements Act, 1887 (50) and 51 Vic., c. 54),
That by Charter dated the 24th January, 1850, the Territories, Islands, and Possessions situate in or adjacent to the Gold Coast which then belonged to the Crown, and which were designated as the Forts and Settlements on the Gold Coast, ceased to he annexed to and to be Dependencies on the Colony of Sierra Leone, and that a Governor was appointed together with a Legislative Council, which was empowered to make laws for the peace, order, and good government of Her Majesty's subjects and others within the
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present or future Forts and Settlements on the Gold Coast comprised within the tenth degree of east longitude and the tenth degree of west longitude.
That by a Commission passed in February, 1866, the Settlements of Sierra Leone, the Gambia, the Gold Coast, and Lagos, were united under the general title of the West Africa Settlements, and by Article 6 of this Commission, the Settlement on the Gold Coast was described as "
comprising all Places, Settlements, and Territories which may at any time belong to Us in Western Africa between the fifth degree of west longitude and the second degree of east longitude." That by a Charter of the 24th July, 1874, the Settlements on the Gold Coast and of Lagos were separated from the West Africa Settle- ments, and formed into one Government under the title of the Gold Coast Colony, and that it was declared that the Settlement on the Gold Coast should as before comprise all places. &c., which night at any time belong to Her Majesty in Western Africa between the fifth degree of west longitude and the second degree of east longitude, and the Settle- ment of Lagos, all places, &c., which might at any time belong to Her Majesty in Western Africa between the second and fifth degrees of east longitude. That further Letters Patent were passed on the 4th June, 1877, and the 22nd January, 1883, in the latter of which the Gold Coast Colony was stated to comprise all places, &c., belonging to Her Majesty in Western Africa between the fifth degree of west longitude and the fifth degree of gast longitude. That by Letters Patent of the 13th January, 1886, Lagos was once more separated from the Gold Coast, and it was declared that the Gold Coast Colony should comprise all Places, Settlements, and Territories belonging to Us on the Gold Coast in Western Afric between the fifth degree of west longitude and the second degree of east longitude." That on the 29th December, 1887, Her Majesty by Order in Council under the provisions of the Foreign Jurisdiction Act empowered the Legislative Council for the time being of the Gold Coast Colony by Ordinance or Ordinances to exercise and provide for giving effect to all such powers and jurisdiction as Her Majesty might at any time before or after the passing of the Order have acquired in the Territories adjacent to the Gold Coast Colony.
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That it had not been considered necessary to recite in the Order in Council all the instruments above referrel to, such for instance as the Commission of February, 1886, which united Sierra Leone, the Gambia, the Gold Coast and Lagos under the title of the West Africa Settlements.
That it would be observed that the power to annex had been assumed as being derived from the Statute l'and 2 Geo. IV., c. 28, and only such of the previous Letters Patent had been recited as were necessary to make this clear. That the operative portions of the Draft followed the form of the Order in Council of the 20th October, 1898, providing for the annexation to Hong Kong of the Kowloon Territories to that Colony, which was approved by my predecessors in a Report dated 28th October, 1898.*
DRAFTS B And C.
That these Draft Orders in Council had been based on the precedent of the Lagos Protectorate Order in Council of the 29th December, 1887.
DRAFTS D, E, F, G.
That these Drafts were based on the Orders in Council of the 27th December and Instructions of the 29th December, 1899.
DRAFT H.
That in view of the fact that the Territories dealt with in the above Drafts had been treated as part of the Gold Coast Colony under the circumstances set forth in the case submitted to my predecessors and dealt with in their Report of the 21st October, 1899,† and that some question might possibly be raised as to the legality of acts done therein under the erroneous impression that territories over which rights of protection had been acquired by Her Majesty subsequently to the date of the Order in Council of the 29th December, 1887, this Draft had been prepared with a view to legalizing acts so done.
That copies of the documents above referred to were enclosed, together with a imap for the purpose of showing approximately the boundaries of the enlarged Colony and of
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[ 17 Oct.] No. 197 in Vol. V.
↑ No. 235 in Vol. V.