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2865

MY LORD,

No. 78.

(GOLD COAST. GENERAL.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands, signified in Sir Robert

Royal Courts of Justice, February 14, 1895. Meade's letter of the 26th ultimo, stating that he was directed by your Lordship to ask our consideration of the accompanying correspondence relating to the exercise of legal jurisdiction in the protected territories adjacent to the Gold Coast Colony.

Sir Robert Meade also transmitted two reports relating to the Protectorate of the Gambia, dated March 14th and April 18th, 1894, and requested that we would favour your Lordship with our opinion whether to address to the Governor a Despatch in the terms of the Draft enclosed in his letter. would be proper for your Lordship In obedience to your Lordship's commands, we have taken the papers into our consideration and have the honour to

Report-

That, in our opinion, it would be proper for your Lordship to address to the Governor a despatch in the terms of the Draft enclosed, and which we have initialled.

The legal position asserted in that Draft appears to us to be sound at the present day, though it is a departure from some opinions of our predecessors. See Reports of Law Officers of 11th December 1884, 10th August 1885, 21st April 1886, 29th June 1887, 20th April 1888, and 30th April 1891.†

We believe it has been the view of Germany and France that the existence of a protectorate in an uncivilised country imports the right to assume whatever juris- diction over all persons may be needed for its effectual exercise. This view has been combated by Her Majesty's Government as late as 1888 in a Despatch to the German Government, and the British contention appears to have been that in regard to natives the jurisdiction of the Protecting Power depended upon the express terms of the treaty with the native Sovereign and in regard to civilised foreigners on the consent of their own Sovereign.'

We consider, however, that this country has within the last ten years been assimilating its practice to that of Germany and France, as pointed out by Mr. Hall (Foreign Jurisdiction of the British Crown. Part III., cap. III.), and that the view

of those nations is the true view. Accordingly we have thought it right, while agreeing in the terms of the enclosed Despatch, to draw attention to the fact that it constitutes an acceptance of a legal doctrine not hitherto unequivocally accepted by Great Britain.

The Most Hon. the Marquess of Ripon, K.G.,

&c.

&c.

&c.

We have, &c.,

R. T. REID. FRANK LOCKWOOD,

List of Papers.

10th February 1893. Reply.

17th August 1893. Reply.

14th February 1894.

Order in Council, Matabeleland.

Gold Coast Order in Council, 6th August 1874.

Law Officers, Gambia, 14th March and 18th April. Draft to Governor.

• Nos. 54 and 60.

(15175-1). Wt. 96-332. 25. 12/09. D & 8.

↑ Nos. 32, 51, 67, 93A, 119 and 210 in Vol. IV.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

14 PUBLIC RECORD OFFICE, LONDON

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