CO885-(13-15) — Page 604

PUBLIC RECORD OFFICE

Reference :-

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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had tried and sentenced to death natives who committed murder during the disturbances, and that the sentences had been in some cases carried into effect. That those trials had been held at various places in the Protectorate under the provisions of section III. of Ordinance 23 of 1898.

That the boundaries of the Protectorate had been defined by Ordinance 16 of 1898. That in order to justify the trial of Bai Burch ou a charge of treason or treason- felony for levying war against the Queen it must apparently be shown that he was a British subject, and that that would appear to raise the question whether the jurisdiction exercised, as above described, by usage and sufferance, without any definite treaties with native territorial chiefs whereby jurisdiction was granted to Her Majesty over natives of the Protectorate, but under the provisions of the Protectorate Ordinances above referred to, had so far amounted to an assumption of sovereignty over the territories included in the Sierra Leone Protectorate as to justify a Court of Law in holding that Bai Burch was a person owing allegiance to Her Majesty. That the further question was probably also involved whether the exercise of Her Majesty's jurisdiction

to the extent and in the manner described had amounted to such an exercise of sovereignty as would make the Protectorate part of Her Majesty's dominions.

That Mr. Wingfield was to request us to take the papers into consideration and advise you :—

1. Whether Bai Burch could be tried by the Supreme Court of the colony of Sierra Leone for treason or treason felony ?

2. Generally.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report,

1. THAT we are of opinion that Bai Bureh cannot be tried by the Supreme Court of the colony of Sierra Leone either for treason or treason-felony. These crimes can be committed only within the Queen's dominions, unless committed by British subjects. We do not think that for the purposes of criminal law this Protectorate can be treated as part of the Queen's dominions, nor Bai Burch as a British subject.

The Order in Council of 24th August, 1895, recites the Foreign Jurisdiction Act, 1890, which applies only to foreign countries, and, in the third paragraph of the recitals, in terms describes the territory now in question as "foreign." We, therefore, do not think that Statutes relating to treason or treason-felony-crimes which involve a breach of allegiance to the Queen-are, under present circumstances, in force within the Protectorate of Sierra Leone.

The question on the present case is different from that which arose in the case of Regina v. Jameson, in which it was held that a Protectorate was part of Her Majesty's dominions for the purposes of the Foreign Enlistment Act. Here the question is whether Bai Burch owed allegiance to the Queen within the meaning of the law of treason. Moreover, the Orders in Council applicable to the Protectorate in question in Regina e. Jameson were not based solely on the Foreign Jurisdiction Act.

2. We think that for the purpose of dealing adequately with offences of this nature in the future a fresh Ordinance should be passed imposing an adequate penalty upon the offence of levying war against the Protecting Power, or armed resistance to the Government.

Bai Burch has committed an offence within Article 67 of the Ordinance No. 11 of 1897 and may be tried and punished under that, or if in the course of these disturbances he has committed murder he may, of course, be tried and punished for that crime.

The Right Hon. J. Chamberlain, M.P.

&c..

&c..

&.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

27782

SIR,

No. 201A.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

December 8th, 1898.

WE were honoured with your commands signified in Mr. Graham's letter of the 26th ultimo, stating that, with reference to our Report of the 29th October last,* he was directed to transmit to us for our consideration two copies of the draft of an Order in Council to provide for the Naturalization of Aliens in Southern Rhodesia, which had been drawn up in the Colonial Office.

That the terms of the Draft were based upon the Naturalization Act No. 2 of 1883, which was at present in force at the Cape of Good Hope, but that provision had been made in Clause IV. of the Draft for a qualifying period of residence. That inasmuch, however, as it might be found desirable to permit aliens who had been already natural- ized in a British Colony to become naturalized in Southern Rhodesia although they might not possess the qualification of previous residence therein, Clause V. of the Draft had been inserted to enable this to be done.

That the original Draft Order in Council had been submitted to the Foreign Office for their observations, and that certain amendments were suggested by that Depart- ment. That a copy of the original Draft in which these amendments (all of which were inserted in the Draft submitted to us) are indicated in red ink† was transmitted with Mr. Graham's letter.

That the matter was regarded in Southern Rhodesia as one of some urgency in view of the approaching election of Members of the Legislative Council under the pro- visions of the Southern Rhodesia Order in Council which came into operation on the 25th November last.

That Mr. Graham was to request us to take the Draft Order in Council into our consideration and to advise you,

(1) Whether its terms are proper and sufficient for the purpose for which it is intended;

(2) If not, in what respect it should be amended.

In obedience to your commands we have taken the matter into our consideration, and have the honour to

Report—

That we approve the Draft Order as alteredț in red ink and initialled by us.

We have, &c.,

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

Draft Order in Council for Naturalization of Aliens, Southern Rhodesia.

Whereas the territories-of South Africa known as-Southern Rhodesia-are-under the-Protection of Her Majesty the Queen:

And-whereas by-treaty, grant, usage, snfernce, and other-lawful means, Her Majesty the Queen has power and jurisdiction in the said territories of South Africa known as Southern Rhodesia.

• No. 198.

The draft as printed here contains the Foreign Office amendments, but they are not indicated in any manner.

The alterations are shown by italics and obliterated type.

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