7059.
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
No. 67. (SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
We were honoured with your Lordship's commands signified, in Mr. Bramston's
Royal Courts of Justice, April 21, 1886. letter of the 15th ultimo, stating that he was directed by your Lordship to invite our opinion as to the right of Her Majesty to exercise jurisdiction over foreigners in countries which, though under Her protectorate, were not part of Her dominions.
That on the 3rd of August 1880,* the then Law Officers, Sir Henry James and Sir Farrer Herschell, stated, in the 4th paragraph of their Report of that date, that they were of opinion that Her Majesty could, by treaty with a Native Chief, obtain jurisdiction within his territories over subjects of foreign civilised states resident within such territories, but that the exercise of any such jurisdiction might be objected to by the State to whose subject it might be sought to apply it, and that as a rule it should not be exercised without the concurrence of such State.
That in 1884 Her Majesty assumed a protectorate over a portion of South Africa, called Bechuanaland, and comprising:-
(a.) The territories of the Chiefs Mankoroane and Montsioa;
(b.) The territories of certain other Native Chiefs;
(c) A portion of territory known as Stellaland which had previously belonged to Mankoroane and other Chiefs, and in which certain British subjects and other white men had purported to have constituted a republic.
That in order to provide judicial machinery for the protectorate an Order in Council, under the Foreign Jurisdiction Acts, 1843-1878, was passed on the 27th of January 1885, empowering the High Commissioner (Sir H. Robinson) to establish Courts within certain geographical limits.
That a copy of that Order was enclosed, together with copies of the Law Officers' Reports of 3rd August 1880,* 15th November 1884, and 23rd December 1884.+
That the Order purported to give effect to certain treaties (recited in the Order) by which Mankoroane and Montsioa had respectively given to Her Majesty full legal jurisdiction over all persons within their territories, and that as regarded the territories of other Chiefs, the Order purported to give to Her Majesty jurisdiction only over British subjects, or persons for the time being subject to British law, and over persons properly enjoying Her Majesty's protection within such territories.
That on the 10th August 1885, the late Law Officers (Sir R. Webster and Sir J. E. Gorst) reported that in their opinion no Native African Chief could, either by treaty or sufferance, confer upon Her Majesty jurisdiction over the subjects of any civilised Power other than Great Britain. That a copy of that Report was enclosed.
That since that date the territories of Mankoroane and Montsioa, and the territory of Stellaland, had been declared to be a part of the Queen's dominions under the name of "British Bechuanaland," and that the present question therefore affected only the territories of those Chiefs outside of British Bechuanaland which were within the protectorate established in 1884.
That of those the Chiefs Ghasitsive, Sechele, and Khama had made various offers of partial cession to Her Majesty through Her Majesty's Special Commissioner, Sir Charles Warren, G.C.M.G., the particulars of which would be found at pages 36-48 of the enclosed Blue Book (C.—4,588).
That Khama had said (page 45), "I give to the Queen to make laws, and to change them, in the country of the Bamangwato, with reference to both black and white."
That Sechele had said (page 47), “I wish to rule among my people according to custom, but I give to the Queen to rule among white people, wherever they are.'
That Ghasitsive had said (page 48), give to the Queen to rule above me, as She
K
46
""
is the protection of the whole country, while I rule under Her among my own people, white inhabitants of the country being under the rule of the Queen." That no civilised Power, except Great Britain, had any claim to jurisdiction in the territories of those Chiefs, or any official representatives there. That the Native Chiefs were completely independent of any superior authority (except so far as Her Majesty might possess jurisdiction in their territories), and it might be taken that they were competent to cede or delegate their sovereign authority or any portion of it.
• No. 232 in Vol. 3 (Miscellaneous, No. 51.) F 63433.--26. 25.-7/91.
† Nos. 28 and 34.
‡ No. 5
། ། ། ། །
PUBLIC RECORD OFFICE
6
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
L OFFICE.
irts of Justice, April 21, 1886. ands signified, in Mr. Bramston's d by your Lordship to invite our
jurisdiction over foreigners in not part of Her dominions.
Officers, Sir Henry James and their Report of that date, that aty with a Native Chief, obtain oreign civilised states resident
1 jurisdiction might be objected
› apply it, and that as a rule it 1 State.
ver a portion of South Africa,
ontsioa;
ich had previously belonged to itish subjects and other white
the protectorate an Order in 8, was passed on the 27th of Sir H. Robinson) to establish
th copies of the Law Officers'
| 23rd December 1884.†
aties (recited in the Order) by ven to Her Majesty full legal that as regarded the territories Majesty jurisdiction only over > British law, and over persons territories.
rs (Sir R. Webster and Sir J.
African Chief could, either by ion over the subjects of any of that Report was enclosed.
d Montsioa, and the territory n's dominions under the name
›n therefore affected only the land which were within the
ia had made various offers of Dial Commissioner, Sir Charles ound at pages 36-48 of the
to make laws, and to change
o both black and white."
ng my people according to le, wherever they are.'
"
en to rule above me, as She under Her among my own e rule of the Queen.”
claim to jurisdiction in the ore. That the Native Chiefs xcept so far as Her Majesty ght be taken that they were any portion of it.
and 34.
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