No. 42.
Government-nut
SIR,
50
No. 42.
COPY of a LETTER from the QUEEN'S ADVOCATE to Sir E. B. LYTTON.
Lincoln's Inn, July 1858.
I AM honoured with Mr. Merivale's letter of the 10th instant, stating that legally administered he was directed by you to transmit to me for my opinion thereon the following by officer appointed by the Governor in case, with its enclosures. consequence of the absence of the officer on whom that function devolved by Royal Charter.
By the Royal Charter of 1850, which provides for the government of the Gold Coast, it was ordained that in case of the Governor's death or absence, the government should devolve on the Lieutenant-Governor; and if there should be no Lieutenant-Governor, on the Judicial Assessor; and if there should be no Judicial Assessor, on the Senior Puisne Justice.
That it has lately, however, been deemed expedient to issue & supple- mentary Charter altering the preceding provision for the administration of the government, so far that in case of the Governor's death or absence, if there should be no Lieutenant-Governor, the government is appointed to devolve on the Colonial Secretary.
That the Governor having reported in a despatch that, being about to absent himself and the Colonial Secretary being actually absent, he had appointed the Senior Justice to administer the government during his absence; and to request that I would favour you with my opinion, whether the Governor's appointment of the Senior Justice to administer the government was legally consistent with the terms of the original (as amended by the supplementary) Charter, and, if not, what steps should be taken to repair the error which may have been committed.
In compliance with your request, I have taken the subject into consideration, and have the honour to report—
That I am of opinion that the Governor's appointment of the Senior Justice to administer the government was not legally consistent with or warranted by the terms of the original (as amended by the supplementary) Charter. The error committed should be repaired either by the Governor or Colonial Secretary resuming the government, or by a Royal Warrant confirming the appointment of the Senior Justice pro hac vice; and, in either case, if any act of importance has been done in the meantime by the Senior Justice, it should be legalized by a Bill of Indemnity.
The Right Hon. Sir E. B. Lytton, Bart.,
&c.
&c.
&c.
I have, &c.
(Signed)
H. Mc. C. CAIRNS.
51
Mr. Merivale states that the facts of the case appear to be as follow:- That Great Britain is considered to possess (as against France and other countries) the exclusive right to the trade and navigation of the River Gambia, subject only to the rights of the French under the Convention of March 7, 1857, relative to Albreda.
That Great Britain also possesses certain establishments with tracts of land thereto appertaining, on the River Gambia: such as Bathurst, at its mouth, where duties are levied on vessels trading to the river, MacCarthy Island, higher up, and the land occupied by the former French Comptoir at Albreda; that these have been ceded to Great Britain at different times by native Chiefs.
That one Treaty of Cession (that from the King of Barra in 1826), was also cnclosed, with the despatch from Governor Macaulay transmitting it, inasmuch as it purports to convey the entire " sovereignty of the River Gambia."
That Great Britain, however, has never exercised rights of sovereignty over the whole country lying on the shores of the estuary of the River Gambia.
Mr. Merivale was also pleased to request our opinion, whether, under these circumstances, the French traders are legally entitled to the privileges sought by them in this Memorial, regard being had to the Customs Act 16 and 17 Vict., cap. 107, on the one hand, and the Convention (especially sec. 3), on the other. That if we should think that the Customs Act negatives this privilege, Mr. Merivale was further to request our opinion, whether the terms of the Con- vention are such as to impose on Her Majesty's Government the duty either of applying to Parliament to modify that Act as regards French vessels in the Gambia, or of requiring the Local Legislature to address the Crown in the manner specified in the Act.
Mr. Merivale was also pleased to annex copy of the Order in Council of 1849, regulating the trade of the Gambia, in case we should think it has any bearing on the present question.
We are also honoured with Mr. Merivale's letter of the 28th January ultimo, transmitting a copy of a letter from the Foreign Office, with a copy of one from Admiral Hamelin, the French Minister of Marine, which has been placed in the hands of the Earl of Clarendon by the French Ambassador at this Court.
In obedience to your commands, we have the honour to report-
That it appears to us that, under the Convention with France, of the 7th March, 1857, French subjects are entitled to the privileges sought by them in their Memorial. But we think the concession so made by the Convention is at variance with the enactment contained in the Customs Act (16 and 17 Vict.,
L
cap. 107), prohibiting goods or passengers from being carried from one part of any British Possession in Asia, Africa, or America, to any other part of the same possession, except in British ships."
It appears to us that the Convention imposes on Her Majesty's Government
the duty of applying to Parliament to modify that enactment as regards French vessels in the Gambia.
The Right Hon. H. Labouchere, M.P.
We have, &c.
(Signed)
J. D. HARDING. RICHARD BETHELL. HENRY S. KEATING.
No. 43.
Gambia.
No. 43.
Customs Act. Prohibition of
carriage of goods
and passengers
from "one part to another" of a
British possession
extends to the coasting-trade, from point to point,
in the Gambia.
COPY of a LETTER from the LAW OFFICERS of the CROWN to Mr. Secretary
SIR,
LA BOUCHERE.
Doctors' Commons, February 3, 1858.
WE are honoured with your commands, signified in Mr. Merivale's letter of the 20th January, stating that he was directed to send us copy of a despatch from the Governor of Her Majesty's Settlements on the Gambia, enclosing a memorial from some of the French merchants and traders to those parts, applying for admission to the coasting trade from point to point in the River Gambia.
&c.
&c.
&c.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 44.
52
Sierra Leone.
No. 44.