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means prevent and restrain all violence and injustice which may in any manner be practised or attempted against them, and that you take such measures as may appear to you to be necessary for their conversion to the Christian faith, and for their advancement and civilization.

Henry Frowd Seagram, Esq.

WARRANT to the British Captain-General and Governor-in-chief of Sierra Leone, for the Appointment of a Judicial Assessor for the Native Sovereigns and Chiefs on the Gold Coast. House, December 17, 1847.

V. R.

TRUSTY and well-beloved, We greet you well.

Osborne

Whereas by an Act of Parliament made and passed in the 7th year of our reign, intituled, "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual," it was enacted, that it was and should be lawful for us to hold, exercise and enjoy any power or jurisdiction which we then had, or might at any time thereafter have, within any country or place out of our dominions, in the same and as ample a manner as if we had acquired such power or jurisdiction by the cession or conquest of territory. And whereas at the time of passing of the said Act we had, and still have, by usage and sufferance, or by one or other of these, or by other lawful means, power and jurisdiction, within divers countries and places out of, but adjacent to, our forts and settlements on the Gold Coast.

Now know you, that We, reposing especial trust and confidence in the loyalty, integrity and ability of our trusty and well-beloved James Coleman Fitzpatrick, Esquire, have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under the public seal of our said forts and settlements, constituting and appointing the said James Coleman Fitzpatrick to be assessor or assistant to the Native Sovereigns and Chiefs within the countries aforesaid, to have, hold, exercise and enjoy the said office and place during our pleasure, with all the rights, profits, privileges and advantages thereunto belonging or appertaining.

And for so doing this shall be your warrant.

Given at Our Court at Osborne-house, Isle of Wight, this 17th day of December 1847, in the 11th year of our reign.

By Her Majesty's Command.

Norman Macdonald, Esq.

GREY.

*See Vol. 6, Page 500.

ORDER IN COUNCIL, extending British Jurisdiction over British subjects residing in Countries under the Dominion of Native Princes adjacent to Sierra Leone.

At the Court at Buckingham Palace, the 13th day of July, 1850. PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS there was this day read at the Board a Report of the Right Honourable the Lords of the Committee of Council appointed for the consideration of all matters relating to Trade and Foreign Plantations, dated the 5th day of this instant July, in the words following; viz. :

"Your Majesty having been pleased, by your Order in Council of the 8th February, 1850, to refer unto this Committee a letter from the Right Honourable Earl Grey, one of your Majesty's Principal Secretaries of State, to the Lord President of the Council, transmitting an extract from a despatch from the lately Acting Governor of the Colony of Sierra Leone, together with certain other papers inclosed therein: and your Majesty having been pleased by the said Order to direct that this Committee should consider the same, and report to your Majesty whether, supposing your Majesty to possess or to be able to acquire such jurisdiction in countries adjacent to Sierra Leone as is contemplated by the Act passed in the 6th and 7th year of your Majesty's reign, intituled, An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual,'* that Act confers on your Majesty power to exercise that jurisdiction, so as to effect the objects recommended by the said lately Acting Governor ; and if so, by what instruments it is necessary and advisable that such jurisdiction should be exercised; or if this Committee should be of opinion that the Act in question is for any reason inapplicable, what course this Committee would recommend to be pursued, in order to attain the same object.

"We have accordingly, in obedience to your Majesty's commands, proceeded to take into our consideration the matters so referred to us, and have humbly to submit to your Majesty the following report of our opinion thereupon:

"It is not stated or suggested in the said Order of Reference, or in the papers accompanying that Order, neither have we any reason to conclude or to suppose, that your Majesty hath any jurisdiction within any of the territories adjacent to, but not comprised within, the Colony of Sierra Leone.

"We are therefore of opinion that it is not at present competent to your Majesty, under or by virtue of the said Act of Parliament of the 6th and 7th year of your Majesty's reign, 'to

* See Vol. 6, Page 500.

hold, excrcise, or enjoy any jurisdiction' within any of those

territories.

"But we are further of opinion that if any of the princes, chiefs, or other constituted authorities of the said territories, or of any of them, who, according to the laws or customs prevailing therein, may be competent to make Treaties binding within such territories and upon the inhabitants thereof, shall by any such Treaties cede to your Majesty a jurisdiction within the same, then it will be lawful for your Majesty, under or by virtue of the said recited Act, to hold, exercise, and enjoy such jurisdiction' within any such territories.

"And we are further of opinion, that when any such Treaties as aforesaid shall have been made, it will be competent to your Majesty in Council, by an Order or Orders to be for that purpose made, to appoint Sierra Leone to be the British colony to which may be sent for trial any person or persons charged with the commission of any crime or offence, the cognizance of which may in pursuance of any such Treaty appertain to any judge, magistrate, or other your Majesty's officer, within any such territories as afore

said.

"It does not appear to us necessary that we should express any opinion whether it would or would not be competent to your Majesty in Council, by any such Order or Orders as aforesaid, to authorize the punishment or trial at Sierra Leone or elsewhere of any person or persons for any crime or offence not known to the law of England; or to authorize the infliction on any such person or persons for any crime or offence, any punishment differing in kind or exceeding in degree the punishment denounced by the law of England against any person or persons committing any such crime or offence within the realm of England. For assuming that it would be competent to your Majesty in Council to make order to that effect, we are of opinion that it would not be expedient that, in the exercise of any such power, your Majesty should make any such Orders.

"But we are further of opinion, that if it should appear to your Majesty, on the advice of your confidential Ministers, necessary or expedient that any acts done within the territories aforesaid should be made penal, which if done within the realm of England would not be penal, or that in respect of any acts done within the territories aforesaid, any punishments should be denounced by the law of England in the like cases, then application ought to be made to Parliament for the enactment of a law introductory of such new crimes or offences or of such new penalties.

"And we are of opinion that it ought not to be proposed to Parliament to delegate to your Majesty in Council the duty of defining any such new crimes or offences, or of determining the nature or amount of any such new punishments."

Her Majesty having taken the said Report into consideration,

was pleased, by and with the advice of Her Privy Council, to approve thereof. WM. L. BATHURST.

ROYAL INSTRUCTIONS to the British Governor of the Gold Coast; so far as they relate to Religious Toleration, the Condition of Non-Europeans, and Discriminating Duties on Trade, &c. Buckingham Palace, April 1, 1851.

XII. AND you are expressly enjoined not to propose or assent to any Ordinance whatever, whereby any person may be impeded or hindered from celebrating or attending the worship of Almighty God in a peaceable and orderly manner, although such worship may not be conducted according to the rites and ceremonies of the Church of England.

XV. And We do further enjoin and command you not to propose or assent to any Ordinance whatever by which persons not of European birth or descent might be subjected or made liable to any disabilities or restrictions to which persons of European birth or descent would not also be subjected and made liable.

XVIII. And We do further direct, that you do not propose or assent to any Ordinance whatever by which any tax or duty might be imposed upon the trade or shipping of the United Kingdom, or whereby any tax might be imposed upon transient traders, or upon persons residing and carrying on business for a short time within our said forts and settlements on the Gold Coast and their dependencies, from which other traders and persons carrying on the like business would be exempt.

Stephen John Hill, Esq.

ORDER IN COUNCIL, enabling the Legislatures of the British Settlements on the Gambia, and of Sierra Leone, to alter or repeal certain British Customs' Regulations. March 5, 1852.

At the Court at Buckingham Palace, the 5th day of March, 1852.

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by a certain Act of Parliament made in the Session of Parliament holden in the 8th and 9th years of the reign of Her present Majesty, intituled, "An Act to regulate the Trade of the British Possessions abroad," it is amongst other things enacted, that it shall be lawful for Her Majesty, by and with the advice of Her Privy Council, by any Order or Orders in Council to be issued from time to time, to give such directions and make such regulations touching the trade and commerce to and from any British posses* See Vol. 7, Page 678.

sions in or near the continent of Europe, or within the Mediterranean Sea, or in Africa, or within the limits of the East India Company's Charter (excepting the possessions of the said Company), as to Her Majesty in Council shall appear most expedient and salutary: And whereas by certain orders made by Her Majesty in Council on the 31st day of January 1849,* and on the 13th day of February 1849,† in pursuance of the said Act Her Majesty made certain regulations touching the trade and commerce of her settlements on the River Gambia, and touching the trade and commerce of the Colony of Sierra Leone respectively: And whereas it is expedient to enable the legislatures of the said Settlements and Colony respectively to alter or repeal all such regulations as are made in and by the said Orders respectively:

Her Majesty doth therefore, with the advice of her Privy Council, and in pursuance and exercise of the powers so vested in her by the said Act of Parliament, and of all other powers enabling her in that behalf, order, and it is hereby ordered,

That if and whenever the legislatures of the said Settlements on the River Gambia and their dependencies, and of the Colony of Sierra Leone respectively, shall make or pass any Act or Ordinance in the manner and subject to the conditions which are or may be by law required in respect of Acts or Ordinances of such legislatures respectively, altering or repealing all or any of the regulations made in and by the said Orders in Council respectively; and if Her Majesty shall confirm such Act or Ordinance in such manner as Acts or Ordinances passed by such Legislatures respectively are or shall be by law subject to Her confirmation, such regulations shall, upon the proclamation of such confirmation in the said Settlements or Colony, or at any time thereafter which may be fixed by such Act or Ordinance, be so altered and repealed as if such alteration or repeal had been effected by order of Her Majesty, with the advice of Her Privy Council.

And the Right Honourable Sir John Pakington, Baronet, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

WM. L. BATHURST.

ORDINANCE of the Legislative Assembly of Native Chiefs on the Gold Coast, for levying a Poll Tax, for Educational and Judicial Purposes, &c. Cape Coast Castle, April 19, 1852.

AT a general meeting of the Chiefs and Headmen of the towns and districts upon the Gold Coast under British protection, held at Cape Coast Castle, on the 19th April, 1852, in the presence of his Excellency Major Hill, Governor and Commander

* See Vol. 8, Page 331.

+ See Vol. 8, Page 340.

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