CO885-(10-11) — Page 818

7846.

No. 651.

(SIERRA LEONE.)

LAW OFFICERS to COLONIAL OFFICE.

June 1870.

MY LORD,

Temple, July 20, 1870 We are honoured with your Lordship's commands signified in Sir Frederic Rogers' letter of the 15th instant, stating that he was directed by your Lordship, to transmit to us, for our consideration, a copy of a Despatch from the Governor-in-Chief No. 92, 7 of the West Africa Settlements with its enclosures, reporting the acquittal of a native named Whobay, the subject of an independent Chief in the neighbourhood of the Sherbro, who had been tried for the murder of a woman named Patience Peters, a British subject, whom he had captured and carried off during a raid on Guadama, a town situated within British territory.

That it was assumed, and no doubt rightly, that the jury which acquitted Whobay considered it not sufficiently proved that the murder had been committed within British territory, but your Lordship desired him to inquire whether we could suggest any mode by which the Colonial authorities could be enabled to punish legally the authors of such barbarities committed on British subjects or on persons under British protection, but beyond the British frontier, and under circumstances which made it hopeless to appeal to any native authority.

In obedience to your Lordship's commands we have taken this matter into con sideration, and have the honour to

Report

In this case we think there was evidence on which the jury would have been justified in coming to the conclusion that the murder was committed within British territory, and we think it unfortunate that the Chief Justice should apparently have thought it his duty almost to coerce them into finding the fact that it was committed out of British territory.

*

In point of law, however, we fear that the Chief Justice and the Crown Solicitor are right, and that there is no jurisdiction in a British Court to punish "crime' committed neither by a British subject nor within British territory. In this case, however, we should not hesitate to recommend an Act extending British authority to the punishment of crimes committed against British subjects though not upon British territory within some reasonable limits.

The considerations suggested by the Governor and indeed the very necessities of the case appear to us to warrant this extension of British authority by an Act of power on the part of the British Legislature, which must not be judged of by the principles which control the mutual relations of civilized States.

The Right Hon. the Earl of Kimberley.

We have, &c. (Signed)

R. P. COLLIER. J. D. COLERIDGE. TRAVERS TWISS.

0 16978.-160.

25.-5/86.

1

PUBLIC RECORD OFFICE

Reference :-

CO. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO