CO885-(11-13) — Page 238

2

The use of the canal or canals in connection with Lake Champlain and the naviga- tion of the Hudson should, as it seems to us, be open to subjects of the Dominion in the same way and on the same terms as the use of the waters within the Dominion is open to citizens of the United States.

The Earl of Derby,

&c.

&c.

We have, &c.,

(Signed)

RICHARD BAGGALLAY. JOHN HOLKER.

J. PARKER DEANE.

7136.

PUBLIC RECORD OFFICE

༽ ། ། ། :། །

CO.

Reference:→→

885

12 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 28.

(GOLD COAST.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 24th June 1874. We were honoured with your Lordship's commands, signified in Sir Henry Holland's letter of the 10th instant, stating that he was directed by your Lordship to transmit to us a copy of an Order which it is proposed to submit to Her Majesty in Council.

2. Sir Henry was to state that Her Majesty had, within the terms of the Foreign Jurisdiction Act (6 & 7 Viet. c. 94), acquired by grant, usage, sufferance, and other lawful means, certain power and jurisdiction over the territory, chiefs, and people of the Gold Coast of Africa.

3. That this power and jurisdiction might be assumed, for the purposes of the case, to be of three kinds :

(1.) Political authority, such as that exercised by a stronger and protecting power

over weaker and dependent allies.

(2.) Forensic jurisdiction, both appellate from the Courts of the Native rulers of the

country, and original as between subject and subject of such rulers.

(3.) Administrative and executive power, including the power of raising a revenue by the imposition of Customs duties, and the corresponding power of for- bidding the importation of goods otherwise than at the ports where Customs duties are collected,

4. That the exercise of the first or political branch of Her Majesty's power in those territories was regulated by the officer administering the Government, subject to instructions from Her Majesty conveyed through one of Her Principal Secretaries of State, and gave rise to no question.

5. That the second or forensic branch of Her Majesty's power and jurisdiction was exercised on behalf of Her Majesty by an officer called the Judicial Assessor to the Native Chiefs, under a warrant, of which a copy was enclosed, and which was settled in 1855 in accordance with an opinion of the Law Officers in that year. That that warrant, as at present framed, was deemed sufficient 'for its purpose, and that branch of the jurisdiction appeared to rest on a sound foundation.

6. That it was as to the third or executive branch of Her Majesty's power and jurisdiction that questions had arisen, and it was to place the exercise of that power on a proper footing that the annexed Order was proposed to be passed.

7. That the exercise of that power in the collection of revenue, in the construction of roads, in public education, in the municipal government of native towns, and in other matters, had hitherto been, in certain cases, assumed by the Legislative Council of the Settlement of the Gold Coast. But that it would be seen from the report of the Law Officers of the Crown in August 1855, a copy of which was enclosed for reference, that such assumption of authority was not justified.

8. That the territory in respect of which such authority was exercised is not British territory, nor are the people British subjects; and the Legislative Council of the Gold Coast is not, by the existing Charter of 19th February 1866, nor by the new Charter which it is proposed to pass for the Government of the new Gold Coast Colony, including the Settlements of Gold Coast and Lagos (copies of both which Charters were annexed) empowered to legislate for the neighbouring territories.

9. That he, Sir Henry, was to observe that such power was not inserted in the pro- posed Charter for the Gold Coast Colony, as it was considered that powers exerciseable by the Queen in Council should be delegated by Order in Council; and that course was adopted in accordance with the precedent established in 1856, as would be seen by reference to section 2 of the Order in Council of the 4th April 1856 (a copy of which was annexed for our convenience), which was passed to give effect to the Law Officers' report of 1855 above referred to.

10. That by that Order in Council Her Majesty delegated to the Governor and Council of the Gold Coast Settlement, power to make regulations by Ordinance

▲ 12916.-29. 25.-12/84.