CO885-(11-13) — Page 16

8201.

No. 722.

(GOLD COAST.)

LAW OFFICERS to COLONIAL OFFICE.

1871.

Admiralty,

MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Herbert's

Temple, August 15, 1871. letter of the 11th instant, stating that he was directed by your Lordship to transmit No. 60, 3 Jane to us a copy of the correspondence (noted in the margin) relative to the bombardment No. 65, 17 June of the house and factory of an ex-slave dealer named Geraldo at Vogee, near Jella 1871. Coffee, on the west coast of Africa, and that he was to request us to favour your 15 Jane 1871. Lordship with our opinion (1) whether in the circumstances mentioned in the corre- Mr. Fitzgerald, spondence it would be a sufficient and proper answer to Geraldo or his agent to tell sir A. Ken- him that any claim he may determine to make for compensation must be preferred in nedy, August the local courts, before which he must in the first place establish his title to the 1871. damaged buildings; (2) whether the Gold Coast Government could legally raze the house in question to the ground; and (3) whether any further attempt on Geraldo's part to return to the district may be met in a similar manner?

In obedience to your Lordship's commands, we have taken this matter into conside- ration, and have the honour to

Report

1. That, in our opinion, it would be a proper and sufficient answer to Geraldo or his agent to inform them that any claim for compensation which they may choose to make should be preferred in the local courts.

2. This could not be done “legally" in the sense of being warranted by municipal law. It could, in our opinion, only be justified on the ground that the conduct of Geraldo entitled the Gold Coast Government to treat him as an enemy, and that the razing of his house was an act of State necessary to secure the peace and tranquillity of the settlement. On the facts stated this justification appears to us sufficiently made out.

3. The answer to this question depends on the same considerations as the answer to the preceding one.

The Right Hon. the Earl of Kimberley, &c.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE.

29 June 1871.

0 16378.-144.

95.-5/86.

PUBLIC RECORD OFFICE

Reference:

11C.O. 885

11

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