R
PUBLIC RECORD OFFICE
Reference :-
TTC.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
2
As you are aware, the principles involved in the first of these questions were discussed at considerable length in the trial of Regina r. Jamesom. A paper summarizing the contentions of the Crown, and the arguments advanced against them The accompanying volumes on that occasion, is inclosed for convenience of referen e.
of the * Map of Africa by Treaty" contain all the documents of importance relating to the early history and constitution of the East Africa Protectorate, such as the various Concessions granted to the British East Africa Company by the Sultan of Zanzibar; the Royal Charter granted to the Compmy in 1888; the various Treaties made by the Company with native Chiefs; the transter by the Company of the territory which it administered to the British Crown in 1895. The East Africn Order in Council of 1897 is likewise inclosed, together with a map of the Protectorate (packet A). These papers will enable you to form an opinion as to whether His Majesty exercises "dominion and sovereignty" in the territory in question, should you consider it necessary to determine that point before expressing an opinion on the second question, which is really the
crucial one.
It may now be convenient to refer briefly to the Lohse incident, to which Sir Arthur Hardinge alludes, although it only indirectly affects the specific questions raised in his dispatch In August 1897, Sir Arthur Hardinge reported that the German authorities of the adjoining dependency had requester the surrender of a native convict, accused of murder, who had escaped from the German gaol at Moshi and taken refuge at Taveta. He inquired if he might surrender the fugitive in the absence of an Extradition Treaty between the German dependency and the British Protectorate. The papers relating to this case are inclosed in a separate packet marked (B) and I am to invite your special attention to Lord Salisbury's Minute of the 19th August. You will observe from the telegram to Sir Arthur Hardinge of the for the 30th August, that, as an executive act, Lord Salisbury stated that he was prepared to maintain that British East Africa is part of Her Majesty's dominions purpose of the operation within the limits of the Protectorate of "The Extradition Act of 1870," at least in so far as regarded persons over whom the Courts had jurisdie- tion under the new Order in Council. It is to this instruction that Sir Arthur Hardinge now alludes. A question involving somewhat similar considerations has recently arisen in Southern Nigeria (sce packet C).
The present reference has been forwarded to the Colonial Office for Mr. Secretary Chamberlain's concurrence and for any additional observations which he might wish to offer. The correspondence with that Department, together with a Memorandum by the Lords of the Judicial Committee of the Privy Council in the case of Staples r The Queen, of the grounds of their Report to Her late Majesty the Queen, dated the 27th January, 1899, which has been obtained for your confidential information, will be found in packet (D).
you
1. As to whether you concur in the instructions which it is proposed to send to His Majesty's Agent and Consul-General at Zanzibar in reply to the first question raised in Sir A. Hardinge's despatch.
am to request that you will take these Papers into your consideration, and that will favour Lord Lansdowne with your opinion :-
2. As to whether any children of M. Verby's' which may be born in the East Africa Protectorate, but outside the Sultan's territory, can be held to have been born in the King's dominions, and, as such, to be natural born British subjects jure soli.
His Lordship, while desirous of confining the comments which are now submittel to you with the inclosed Papers as far as possible to the specific questions raised by Sir Arthur Hardinge, would nevertheless be glad to be favoured with any general observations you may think well to offer, with regard to the national status of children born in British Protectorates.
I have,
F. H. VILLIERS.
Sir A. Hardinge
Mr. Maycock (Memorandum).....
Lord Salisbury (Minute)
Summary of Arguments in Regina v. Jancson (printed
Memorandum) September 1897.
3
Packet (B).
Ditto
(Telegraphic) August (Telegraphic) August August August
10, 1897. 14, }} 17,
27
19,
15
Sir A. Hardinge
To ditto
Sir A. Hardinge
(Telegraphic) August (Telegraphic) August (Telegraphic) September 2, (Telegraphic) September 3,
27,
អរ
30, 11
17
Packet (C).
Colonial Office ... To ditto
February 16, 1900. February 27,
31
Packet (D).
April May
9,
1900.
2, 1901.
Privy Council
January 27, 1899.
To ditto
To Colonial Office Colonial Office
Confidential Memorandum of Judicial Committee of
Report.-
1. We concur in the instructions which it is proposed to send to His Majesty's Agent and Consul-General at Zanzibar in reply to the first question raised in Sir A. Hardinge's despatch.
2. We are of opinion that the British East Africa Protectorate cannot be considered as a portion of His Majesty's dominions so as to confer upon the children of aliens who may be born there the status of British subjects.
The Order in Council of 1897, under which the administration of the Protectorate is carried on, is expressly framed under the Foreign Jurisdiction Act, which is only applicable to territories outside His Majesty's dominions.
It may well be that such territories should be treated as within His Majesty's dominions for the purposes of Extradition Treaties and of the Foreign Enlistment Act as these involve relations with other Powers, and the territories are in fact under His Majesty's control. But they have not for all purposes been made part of His Majesty's
dominions.
It has not yet been thought expedient to confer the status of British subjects upon the natives of Protectorates. Whether the time has come for such an exercise of sovereignty over all,
of the Protectorates as would make them, for all purposes, or any
a portion of His Majesty's dominions is a question of policy on which we are not called upon to advise.
Royal Courts of Justice, ́
June 5, 1901.
R. B. FINLAY. EDWARD CARSON.
LIST OF PAPERS. Pucket (A).
Sir A. Hardinge Hertslet's Map of Africa, 3 vols. Map of British East Africa Protectorate. "East Africa Order in Council, 1897."
(No. 1. Treaty) January 30, 1900.
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