CO885-(11-13) — Page 170

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PUBLIC RECORD OFFICE

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885

11 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 864.

(GOLD COAST.)

LAW OFFICERS to COLONIAL OFFICE.

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

Temple, October 20, 1873. letter of the 4th October instant, stating that he was directed by your Lordship to transmit to us copies of a Despatch and enclosures from Colonel Harley, the Adminis- trator of the Gold Coast Settlements, reporting that, after communicating with Captain Freemantle, the Senior Naval Officer in command on that station, and by the advice of the Legislative Council of the Settlement, he had on the 29th August issued a procla- mation declaring an entire blockade of the coast between Cape Coast Castle and the river Assinee.

That a copy of this proclamation and of an official. notice issued by Captain Free- mantle on the following day was annexed for reference, and it would be observed that the blockade included only the coast and ports within the Settlements of the Gold Coast as defined by the Charter of the 19th February 1866, which declares that the Settlement of the Gold Coast comprises "all places, settlements, and territories, which may at any time belong to Us in Western Africa between the 5th degree of west longitude and the 2nd degree of east longitude," and that it is not a blockade in the ordinary manner of belligerent ports and waters.

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LC

That it was presumed that the object of declaring this blockade was to prevent all communication whatsoever, except under permits, with the coast, but the questions which occurred to your Lordship with respect to that proceeding were--

1. Whether such a blockade, though made effective by the Naval forces is valid in law.

2. Whether in the absence of any authority given him by Ordinance the Adminis- trator had power, with the advice of his Council, to proclaim such a blockade.

Mr. Herbert further stated that, by a Gold Coast Ordinance, the Administrator has power to prohibit importation of arms, &o. into the Settlement but it was not known whether he had exercised that power, and that the question remains whether, if this blockade is to have any force beyond preventing importation, it was within the power of the Administrator to proclaim it.

3. Whether the term "blockade" is not in truth a misnomer, and likely to mislead traders whether British or Foreign.

4. Whether under this blockade the Naval Officers would be justified in enforcing it in the ordinary manner, as, for instance, in stopping a merchant vessel on the high seas and examining her papers to see that she is not engaged in the infraction of the blockade.

Upon that point Mr. Herbert stated that he was to refer us to the terms of the notice issued by Captain Freemantle, which declares that all measures authorised by the Law of Nations, &c. will be enforced on behalf of Her Majesty.

Mr. Herbert was further pleased to state that he was to request that we would favour your Lordship with our opinion upon those points, and should we be of opinion that the blockade can properly be upheld that we would prepare a form of notification thereof for insertion in the "London Gazette," and that he was to add with reference to the last point that a copy of Captain Freemantle's notice had been published by the Board of Trade in the London Gazette," a copy of which was enclosed for reference.

That a letter from the Admiralty on the subject of the blockade, and also papers 30 Sept. respecting the " Abertina" were transmitted for reference.

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In obedience to your Lordship's commands we have the honour to

Report

1. That this so-called blockade is, if we understand the facts and sitnation of the enemy's territory, and the territory, either British, or under British protection, a blockade of a friendly coast for the purpose of preventing a trade, whether in military stores or in innocent goods with an enemy in the interior.

Since a blockade, properly so termed, is an act of war against the country in posses- sion of the ports or coasts, we are of opinion that on principle such a blockade as that referred to is not valid in law.

1878.

0 16278-888.

25.-5/86.