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Government of the Gambia

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Copies of Letters Patent providing for the Government of Her Majesty’s Settlement in the River Gambia, and the Letters Patent appointing the Governor thereof; together with the Instructions to the Governor
(from the 'Accounts and Papers' for the parliamentary session of 4 February - 9 August 1845)


No. 1. — COPY of LETTERS PATENT under the Great Seal of the United Kingdom of Great Britain and Ireland to provide for the Government of Her Majesty’s Settlements in the Gambia. Dated 24 June 1843.

No. 2. — COPY of LETTERS PATENT under the Great Seal of the United Kingdom of Great Britain and Ireland, appointing Henry Frowd Seagram, Esquire, Commander in the Royal Navy, to be Governor and Commander-in-Chief in and over Her Majesty's Settlements in the Gambia. Dated 24 June 1843.

No. 3. — COPY of INSTRUCTIONS to Henry Frowd Seagram, Esquire, Commander in the Royal Navy, and Governor and Commander-in-Chief in and over Her Majesty’s Settlements in the Gambia. Dated 24 June 1843.

— No. 1. —

COPY of LETTERS PATENT under the Great Seal of the United Kingdom of Great Britain and Ireland to provide for the Government of Her Majesty’s Settlements in the Gambia. Dated this Twenty-fourth day of June One thousand eight hundred and Forty-three.

VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. Whereas by an Act made and passed in the Session of Parliament holden in the first and second year of the reign of his late Majesty King George the Fourth, intituled, “An Act for abolishing the African Company, and transferring to and vesting in his Majesty all the Forts, Possessions and Property now belonging to or held by them,” it was, amongst other things, enacted, that it should and might be lawful for his said Majesty to order and direct that all or any of the Forts and Possessions therein mentioned, and also any Territories, Islands or Possessions on the West Coast of Africa, between the 20th degree of north latitude and the 20th degree of south latitude, which at the time of the passing of such Act did or at any time thereafter should or might belong to his said Majesty, should be annexed to or made dependencies on the Colony of Sierra Leone, and that from the date of their being so annexed or made dependencies on the said Colony, they should be subject to all such laws, statutes and ordinances as should be in force in the said Colony, or as should at any time thereafter be made, enacted or ordained by the Governor and Council of the said Colony, in the same manner as if the said Forts, Possessions, Territories or Islands had originally formed part of the said Colony of Sierra Leone.

And whereas, in pursuance of the Act of Parliament aforesaid, his said Majesty King George the Fourth did, by certain Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster, the Seventeenth day of October, in the second year of his reign, order, direct and appoint, that all and every of the Forts and Possessions theretofore acquired, purchased, enjoyed, claimed or held by the Corporation of the Company of Merchants trading to Africa, and also all Territories, Islands and Possessions which then did or at any time thereafter should or might belong to his said Majesty King George the Fourth, his heirs and successors, on the West Coast of Africa, between the 20th degree of north latitude and the 20th degree of south latitude, should be annexed to and made dependencies on, and the same were thereby annexed to and made dependencies on the said Colony of Sierra Leone.

And by the said Letters Patent his said late Majesty did reserve to himself, his heirs and successors, full power and authority to revoke, vary, alter, annul and make void the said Letters Patent, and every or any matter or thing therein contained, as to his said Majesty, his heirs and successors, in that behalf should seem meet.

And whereas by certain other Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the Twentieth day of December One thousand eight hundred and Forty-one, in the fifth year of Our reign, We did constitute and appoint Our trusty and well-beloved George Macdonald, Esquire, Lieutenant-Colonel in Our Army, to be Our Captain-General and Governor-in-Chief in and over the Peninsula of the Colony of Sierra Leone, and of all Territories, Islands and Possessions annexed to or depending on the said Colony, and also the Forts and Garrisons erected and established, or to be erected and established, within the same for and during Our royal will and pleasure.

And whereas by an Act made and passed in the sixth year of Our reign, intituled, “An Act to enable Her Majesty to provide for the Government of Her Settlements on the Coast of Africa and in the Falkland,” after reciting, amongst other things, that divers of Our subjects have resorted to and taken up their abode, and may hereafter resort to and take up their abode, at divers places on or adjacent to the coast of the Continent of Africa, and that it is necessary that We should be enabled to make further and better provision for the government of the said Settlements, it is enacted, That it shall be lawful for Us, by any order or orders to be by Us made, with the advice of Our Privy Council, to establish all such laws, institutions and ordinances, and to constitute such courts and officers, and to make such provisions and regulations for the proceedings in such courts, and for the administration of justice, as may be necessary for the peace, order and good government of Our subjects and others within the said present or future Settlements, any law, statute or usage to the contrary notwithstanding. And it is further enacted, That it shall be lawful for Us, by any commission or commissions under the Great Seal of the United Kingdom, or by any instructions under Our Signet and Sign Manual accompanying and referred to in any such commission or commissions, to delegate to any Three or more persons within any of the Settlements aforesaid the powers and authorities so vested by Us in Our Privy Council as aforesaid, either in whole or in part, and upon, under and subject to all such conditions, provisoes and limitations as by any such commission or commissions or instructions as aforesaid We shall see fit to prescribe: Provided always, That notwithstanding any such delegation of authority as aforesaid, it shall still be competent to Us in Our Privy Council in manner aforesaid to exercise all the powers and authorities so vested as aforesaid in Us in Our Privy Council. Now Therefore, in pursuance and exercise of the powers so reserved to Us as aforesaid by the said recited Letters Patent of the second year of the reign of his said late Majesty King George the Fourth, and so vested in Us as aforesaid by the said recited Act of Parliament, We do by these presents revoke the said respective Letters Patent of his said late Majesty King George the Fourth, and of the Twentieth day of December One thousand eight hundred and Forty-one respectively, so far as the same apply to all and every the Territories, Islands and Possessions situate in or adjacent to the River Gambia, and their Dependencies on the West Coast of Africa, which now belong to Us, and are commonly designated as Our Settlements in the River Gambia: And We do hereby order, direct and appoint, that all and every Our said Territories, Islands and Possessions in the River Gambia and its Dependencies, do forthwith cease to be annexed to and be Dependencies on the said Colony of Sierra Leone: And further know you, That, in pursuance and exercise of the powers so vested in Us as aforesaid by the said recited Act of Parliament passed in the sixth year of Our reign, We, of Our especial grace, certain knowledge and mere motion, by this Commission under the Great Seal of the United Kingdom aforesaid, delegate to the persons hereinafter named, within the said Settlements in the River Gambia and their Dependencies, the powers and authorities so vested in Us in Our Privy Council as aforesaid; but upon, under and subject to all such conditions, provisoes and limitations as by this Our Commission, or by the instructions under Our Signet and Sign Manual accompanying the same, are prescribed: And We do declare Our pleasure to be, and do hereby declare and grant, that the Governor for the time being of the said Settlements in the River Gambia and of their Dependencies, and such other persons, not being less than Two, as are hereinafter designated, shall constitute and be a Legislative Council for the said Territories, Islands and Possessions: And We do hereby direct and appoint, that the persons other than the said Governor constituting the said Legislative Council shall be such Public Officers within the said Settlements and their Dependencies as shall be designated, or such other persons within the same as shall from time to time be named for that purpose by Us, by any instruction or instructions, or warrant or warrants, to be by Us for that purpose issued under Our Signet and Sign Manual, and with the advice of Our Privy Council, all of which Councillors shall hold their places in the said Council at Our pleasure.

And We do hereby authorize, empower and enjoin such Legislative Council to make and establish all such laws, institutions and ordinances as may from time to time be necessary for the peace, order and good government of Our subjects and others within the said present or future Settlements in the River Gambia and in its Dependencies; and Our pleasure is, that in the making and establishing all such laws, institutions and ordinances, the said Legislative Council shall conform to and observe all such rules and regulations as shall be given and prescribed in and by such instructions as We, with the advice of Our Privy-Council, shall from time to time make for their guidance therein: Provided nevertheless, and We do hereby reserve to Ourselves, Our heirs and successors, Our and their right and authority to disallow any such ordinances in the whole or in part, and to make and establish from time to time, with the advice and consent of Parliament, or with the advice of Our or their Privy Council, all such laws as may to Us or them appear necessary for the order, peace and good government of our said Settlements and their Dependencies, as fully as if these presents had not been made.

And whereas it is expedient that an Executive Council should be appointed to advise and assist the Governor of Our said Settlements in the Gambia and of their Dependencies for the time being in the administration of the Government thereof. We do by these Our Letters Patent authorize the Governor of our said Settlements and of their Dependencies to summon as an Executive Council such persons as may from time to time be named or designated by Us in any instructions under our Signet and Sign Manual, addressed to him in that behalf.

And We do hereby authorize and empower the Governor of Our said Settlements in the Gambia and their Dependencies for the time being to keep and use the Public Seal appointed for the sealing of all things whatsoever that shall pass the Seal of our said Settlements.

And We do hereby give and grant to the Governor of Our said Settlements and of their Dependencies for the time being full power and authority in Our name and on Our behalf, but subject, nevertheless, to such provisions as may be in that respect contained in any instructions which may from time to time be addressed to him by Us for that purpose, to make and execute in Our name and on Our behalf, under the public seal of Our said Settlements, grants of land to Us belonging within the same to private persons for their own use and benefit, or to any persons, bodies politic or corporate, in trust for the public uses of Our subjects there resident, or of any of them.

And We do hereby authorize and empower the Governor of Our said Settlements in the Gambia and of their Dependencies for the time being to constitute and appoint Judges, and, in cases requisite, Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary Officers and Ministers in Our said Settlements, for the due and impartial administration of justice, and for putting the laws into execution, and to administer or cause to be administered unto them such oath or oaths as are usually given for the due execution and performance of offices and places, and for the clearing of truth in judicial matters.

And We do hereby give and grant unto the Governor of Our said Settlements in the Gambia and of their Dependencies for the time being full power and authority, as he shall see occasion, in Our name and on Our behalf, to remit any fines, penalties or forfeitures which may accrue or become payable to Us, provided the same do not exceed the sum of Fifty Pounds sterling in any one case; and to respite and suspend the payment of any such fine, penalty or forfeiture exceeding the said sum of Fifty Pounds, until Our pleasure thereon shall be made known and signified to such Governor.

And We do hereby give and grant unto the Governor of Our said Settlements in the Gambia and of their Dependencies for the time being full power and authority, as he shall see occasion, in Our name and on Our behalf to grant to any offender convicted of any crime in any court, or before any Judge, Justice or Magistrate within Our said Settlements, a free and unconditional pardon, or a pardon subject to such conditions as by any law or ordinance hereafter to be in force in Our said Settlements may be thereunto annexed, or any respite of the execution of the sentence of any such offender, for such period as to such Governor may seem fit.

And We do hereby give and grant unto the Governor of Our said Settlements in the Gambia and of their Dependencies for the time being full power and authority, upon sufficient cause to him appearing, to suspend from the exercise of his office within Our said Settlements any person exercising any office or place under or by virtue of any commission or warrant granted, or which may be granted, by Us, or in Our name or under Our authority, which suspension shall continue and have effect only until Our pleasure therein shall be made known and signified to such Governor; and We do hereby strictly require and enjoin the Governor of Our said Settlements and of their Dependencies for the time being, in proceeding to any such suspension, to observe the directions in that behalf given to him by Our instructions, under Our Signet and Sign Manual, accompanying his commission of appointment as Governor of the said Settlements.

And in the event of the death or absence out of Our said Settlements in the Gambia and of their Dependencies of such person as may be commissioned and appointed by Us to be the Governor thereof, We do hereby provide and declare Our pleasure to be, that all and every the powers and authorities herein granted to the Governor of Our said Settlements in the Gambia and of their Dependencies for the time being, shall be and the same are hereby vested in such person as may be appointed by Us by warrant under Our Signet and Sign Manual to be the Lieutenant-governor of Our said Settlements; or in the event of there being no person upon the place commissioned and appointed by Us to be Lieutenant-governor thereof, then Our pleasure is, and We do hereby provide and declare, that in any such contingency, all the powers and authorities herein granted to the Governor or Lieutenant-governor of Our said Settlements shall be and the same are hereby granted to the Colonial Secretary of Our said Settlements for the time being, or to the person who for the time being may be in the lawful exercise and discharge of the duties of the office of Colonial Secretary thereof; and such Lieutenant-governor or such Colonial Secretary, as the case may be, shall execute all and every the powers and authorities herein granted until Our further pleasure shall be signified therein.

And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all other the inhabitants of Our said Settlements in the Gambia and their Dependencies, to be obedient, aiding and assisting to such person as may be commissioned and appointed by Us to be the Governor of Our said Settlements in the Gambia and of their Dependencies; or in the event of his death or absence, to such person as may, under the provisions of these Our Letters Patent, assume and exercise the functions of such Governor.

And We do hereby reserve to Us, Our Heirs and Successors, full power and authority from time to time to revoke, alter or amend these Our Letters Patent as to Us or them shall seem meet. In witness, &c.

— No. 2. —

COPY of LETTERS PATENT under the Great Seal of the United Kingdom of Great Britain and Ireland appointing Henry Frowd Seagram, Esquire, Commander in the Royal Navy, to be Governor and Commander-in-Chief in and over Her Majesty’s Settlements in the Gambia. . Dated this Twenty-fourth day of June One thousand eight hundred and Forty-three.

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To Our trusty and well-beloved Henry Frowd Seagram, Esquire, Commander in Our Navy, Greeting: Whereas by certain Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing even date herewith, We have made provision for the Government of Our Settlements in the River Gambia in Africa, and in their Dependencies:

Now know you, That We, reposing special trust and confidence in the prudence, courage and loyalty of you, the said Henry Frowd Seagram, of Our especial grace, certain knowledge and mere motion, have thought fit to constitute and appoint, and do hereby constitute and appoint, you, the said Henry Frowd Seagram, to be the Governor and Commander-in-Chief in and over Our said Settlements in the River Gambia, and in their Dependencies, and of all Forts and Garrisons erected and established, or which shall be erected and established, within the said Settlements, for and during Our pleasure: And We do hereby require and command you, the said Henry Frowd Seagram, to do and execute all things that shall belong to your said command, and the trust We have reposed in you, according to the several powers and directions granted to or appointed to the Governor of Our said Settlements in the River Gambia and in their Dependencies, in and by the said recited Letters Patent, bearing even date herewith, and the instructions under Our Signet and Sign Manual accompanying the same, or according to such further powers, instructions and authorities, as shall from time to time and at any time hereafter be granted or appointed you under Our Signet and Sign Manual, or by Our order in Our Privy Council, or by Us, through one of Our Principal Secretaries of State: And We do hereby require and command all Officers and Ministers, Civil and Military, and all others the inhabitants of Our said Settlements in the River Gambia and in their Dependencies, to be obedient, aiding and assisting to you, the said Henry Frowd Seagram, in the execution of this Our Commission, and of the powers and authorities herein contained. In witness, &c.

— No. 3. —

VICTORIA R.

INSTRUCTIONS to Our trusty and well-beloved Henry Frowd Seagram, Esquire, Commander in Our Navy, Our Governor and Commander-in-Chief in and over Our Settlements in the River Gambia and their Dependencies; or, in his absence, to Our Lieutenant-governor, or the Officer administering the Government of Our said Settlements and their Dependencies for the time being. Given at Our Court at Buckingham Palace, this Twenty-fourth day of June One thousand eight hundred and Forty-three, in the seventh year of Our Reign.

1. Whereas, in pursuance and exercise of the powers in Us vested in and by a certain Act of Parliament made and passed in this sixth year of Our Reign, intituled, “An Act to enable Her Majesty to provide for the Government of Her Settlements on the Coast of Africa and in the Falkland Islands," and for other purposes, We did, by Our Charter under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the Twenty-fourth day of June One thousand eight hundred and Forty-three, in this seventh year of Our reign, make provision for the government of Our Settlements in the River Gambia, on the West Coast of Africa, and of their Dependencies:

And Whereas by a Commission under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the Twenty-fourth day of June One thousand eight hundred and Forty-three, in this seventh year of Our reign, We did constitute and appoint you the said Henry Frowd Seagram, Commander in our Navy, to be Our Governor and Commander-in-Chief in and over Our said Settlements in the River Gambia, and in their Dependencies, and of all Forts and Garrisons erected and established, or which should be erected and established, within the same; and did further require and command you to do and execute all things in due manner that should belong to your said command, and the trust We had reposed in you, according to the several powers and directions granted to or appointed for the Governor of Our said Settlements and their Dependencies for the time being, and by the said recited Act of Parliament, and in and by the said recited Charter and the instructions under Our Sign Manual and Signet therein referred to, and according to such further powers, instructions and authorities as should from time to time be granted or appointed you under Our Signet and Sign Manual, or by Our order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and according to such laws and ordinances as should thereafter be made and enacted by virtue of Our said recited Charter.

Now, therefore, by these our Instructions, under Our Royal Sign Manual and Signet, being the Instructions so referred to as aforesaid, in the said recited Act of Parliament and Charter, We do declare Our pleasure to be, that you shall, with all due solemnity, cause Our said recited Charter, together with Our said Commission, to be read and published in the presence of Our Chief Officers and other the principal inhabitants of the said Settlements and their Dependencies, and you shall then and there take the Oaths appointed to be taken by an Act passed in the first year of the reign of King George the First, intituled, “An Act for the further Security of his Majesty’s Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors,” as altered and explained by an Act passed in the sixth year of the reign of his late Majesty King George the Third, intituled, “An Act for altering the Oath of Abjuration and the Assurance, and for amending so much of an Act of the seventh year of her late Majesty Queen Anne, intituled, 'An Act for the Improvement of the Union of the Two Kingdoms, as after the Time therein limited requires the delivery of certain Lists and Copies therein mentioned, to Persons indicted of High Treason or Misprision of Treason,” or, in lieu thereof, the oath required to be taken by an Act passed in the tenth year of the reign of his late Majesty King George the Fourth, intituled, “An Act for the Relief of his Majesty’s Roman Catholic Subjects,” according as the said former Acts or the said last-mentioned Act shall be applicable to your case; and likewise that you take the usual oath for the due execution of the office of Our Governor and Commander-in-Chief in and over Our said Settlements and their Dependencies, and for the due and impartial administration of justice, which said oaths the Chief Magistrate for the time being of Our said Settlements and their Dependencies shall and he is hereby required to tender and administer unto you, all which being duly performed, you shall administer to such Our Chief Officers there present the said Oaths mentioned in the said several Acts as shall be applicable to the case of the individual taking the same, and you are also to administer unto them the usual oath for the due execution of their places and trusts respectively.

2. And We do authorize and require you from time to time and at any time hereafter, by yourself or by any other to be authorized by you in that behalf, to administer and give to all and every such person or persons as you shall think fit, who shall hold any office or place of trust or profit, or who shall at any time or times pass into Our said Settlements and their Dependencies, or be resident therein, such of the said oaths in the said several Acts contained as shall be applicable to the case of the individual to whom the same shall be administered.

3. And whereas by the said recited Charter, and in pursuance and exercise of the powers in Us vested in and by the said recited Act of Parliament, We did authorize the Governor or the Lieutenant-governor for the time being of Our said Settlements in the River Gambia and their Dependencies, and such other persons, not being less than Three, as were in the said Charter designated to constitute and be a Legislative Council for the said Settlements and their Dependencies. And We did by the said Charter further declare, that, in addition to the said Governor or Lieutenant-governor, the said Council should be composed of such public officers within the said Settlements and their Dependencies, or of such other persons as should from time to time be named or designated for that purpose by Us, by Our instruction or instructions, warrant or warrants, to be by Us for that purpose issued under our Signet and Sign Manual, and with the advice of Our Privy Council, and that all such Councillors should hold their places in the said Council at Our pleasure, with full power and authority to make and establish all such laws, institutions and ordinances as might be required for the peace, order and good government of the said Settlements and their Dependencies, and that in the making all such laws, institutions and ordinances, the said Legislative Council should conform to and observe all such rules and regulations as should be given and prescribed in and by such instructions as We, with the advice of Our Privy Council, should from time to time make for their guidance therein.

Now Therefore by these Our instructions under Our Signet and Sign Manual, and with the advice of Our Privy Council (being the instructions so referred to as last aforesaid), We do nominate and appoint the public Officers hereinafter designated to be Members of the said Legislative Council, who shall hold their places in the said Council at Our pleasure; (that is to say), The Chief Justice of Our Settlements in the River Gambia for the time being, or the person who for the time being shall be lawfully acting in that capacity; the Colonial Secretary of the Government of Our said Settlements for the time being, or the person who for the time being shall be lawfully acting in that capacity; the Officer in command of Our Land Forces in Our said Settlements for the time being, and such other person, being a Justice of the Peace for the said Settlements, whom we may empower the Governor of the said Settlements for the time being by any instrument to be made and issued m Our name under the public Seal of Our said Settlements to constitute and appoint a member of the said Legislative Council, such Justice of the Peace being at all times a person not holding any office or place of emolument at Our pleasure, or at the pleasure of such Governor or Administrator of the Government, and his commission of the peace being revocable and renewable from time to time by such Governor or Administrator of the Government as he may find occasion.

4. And in further exercise of the powers and authorities in Us vested in and by the said recited Act of Parliament, or otherwise to Us appertaining, We have, with the advice of Our Privy Council, thought fit to make, and do hereby make and ordain the following regulations for the guidance of the said Legislative Council in the making such laws and ordinances as aforesaid; (that is to say) We do declare Our pleasure to be, that the said Legislative Council shall not be competent to act in any case unless Three members at the least of such Council, in addition to the Governor for the time being, or to the member who may preside therein in his absence, shall be present at and throughout the meetings of such Council.

5. And We do authorize and require you or the Governor of Our said Settlements in the Gambia and their Dependencies for the time being to preside in the said Council.

6. And We do further declare Our pleasure to be, that all questions proposed for debate in the said Council shall be decided by the majority of votes, it being Our pleasure that the Governor for the time being, or the member presiding in his absence, shall have an original vote in common with the other members of the said Council, as also a casting vote, if upon any question the votes shall be equally divided.

7. And for ensuring punctuality of attendance of the members of the said Council, and for the prevention of meetings of the said Council being holden without convenient notice to the several members thereof, it is Our pleasure, and We do hereby direct, that you, or the Governor of Our Settlements in the Gambia, and of their Dependencies for the time being, do frame and propose to the said Council for their adoption such standing rules and orders as may be necessary for those purposes, with such standing rules and orders as may be best adapted for maintaining order and method in the despatch of business and in the conduct of all debates in the said Council, which rules and orders (not being repugnant to the said recited Act of Parliament and charter, or to these instructions, or to any other instructions which you may receive from Us), shall at all times be followed and observed, and shall be binding upon the said Council, unless the same or any of them shall be disallowed by Us.

8. It is Our pleasure, and we do hereby direct, that no law or ordinance shall be made or enacted by the said Council unless the same shall have been previously proposed by yourself, and that no question shall be debated at the said Council unless the same shall first have been proposed for that purpose by you: Provided nevertheless, and it is Our pleasure, that if any member of the said Council shall deem any law fit to be enacted by the said Council, or any question proper to be there debated, and shall of such his opinion transmit a written statement to you, it shall be lawful for any such member of the said Council to enter upon the minutes thereof a copy of any such statement, together with the reasons upon which such his opinion may be founded.

9. And We do further direct, that minutes be regularly kept of the proceedings of the said Council by the Clerk of the said Council, and that the said Council shall not ever proceed to the despatch of business until the minutes of the last preceding meeting have first been read over and confirmed or corrected, as may be necessary.

10. And We do further require and enjoin you twice in each year to transmit to Us, through one of Our Principal Secretaries of State, a full and exact copy of the minutes of the said Council for the last preceding half-year.

11. And it is Our further pleasure, that you do not propose or assent to any ordinance whatever respecting the constitution, proceedings, numbers or mode of appointing or electing any of the members of the said Legislative Council, or otherwise in relation to any of the matters mentioned or referred to in the said Charter, and in these Our instructions, which shall be in anywise repugnant to or inconsistent with such Charter or instructions, or repugnant to the said recited Act, or to any other Act of Parliament; but that any such ordinance, or pretended ordinance, shall be absolutely null and void to all intents and purposes.

12. 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.

13. And We do further enjoin you not to propose or assent to any ordinance whatsoever whereby Our revenue might be lessened or impaired, or whereby Our prerogative might be diminished or in any respect infringed, or whereby any increase or diminution might be made in the number, salary or allowances of any public officers, which have or shall have received Our sanction, without Our special leave and command therein first received.

14. And We do further direct, that you do not propose or assent to any ordinance whatever, whereby bills of credit or other negotiable securities, of whatever nature, may be issued in lieu of money on the credit of the said Settlements in the Gambia and their Dependencies, or whereby any Government paper currency may be established therein, or whereby any such bills or any other paper currency, or any coin, save only the legal coin of the realm, may be made or declared to be a legal tender, without special permission from Us in that behalf first obtained.

15. 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 or made liable.

16. And it is Our further pleasure, that you do not propose or assent to any ordinance whatever for raising money by the institution of any public or private lotteries.

17. And it is Our will and pleasure, that you do not propose or assent to any ordinance for the naturalization of aliens without Our especial leave or command therein first received, unless there be a clause inserted therein suspending and deferring the operation of the same until Our pleasure shall be signified thereupon.

18. And it is Our further will and pleasure, that you do not propose or assent to any ordinance whatever for the divorce of persons joined together in holy matrimony.

19. 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 Settlements in the Gambia and their Dependencies from which other traders or persons carrying on the like business would be exempt.

20. And We do further direct, that you do not propose or assent to any ordinance whatever whereby any grant of money or land, or other donation or gratuity, may be made by the said Legislative Council to you.

21. And We do further direct, that you do not propose or assent to any private ordinance whatever, whereby the property of any individual may be affected in which there is not a saving of the rights of Us, Our heirs and successors, and of all bodies politic and corporate, and of all other persons, excepting those at whose instance, or for whose especial benefit such ordinance may be passed, and those claiming by, from, through and under them.

22. And it is Our will and pleasure, that you do not propose or assent to any ordinance whatever to which Our assent has once been refused without express leave for that purpose first obtained from Us.

23. And it is Our further will and pleasure, that all laws or ordinances to be enacted by the said Legislative Council shall henceforth be styled “ordinances enacted by the Governor of Our Settlements in the Gambia, and of their Dependencies, with the advice and consent of the Legislative Council thereof,” and that no other style or form shall ever henceforth be observed in any such enactment, and that all such laws and ordinances be drawn up in a simple and compendious form, avoiding, as far as may be, all prolixity and tautology.

24. And We do further direct, that when any ordinance shall have been passed by you, with the advice of the said Legislative Council, the same shall forthwith be laid before you for Our final assent, disallowance, or other direction thereupon, to be signified through you, for which purpose We do hereby require you, with all convenient speed, to transmit to Us, through one of Our Principal Secretaries of State, a transcript in duplicate of every such ordinance as aforesaid, duly authenticated under the public seal of the said Settlements and their Dependencies, and by your own signature. And We do direct that every such transcript be so transmitted by the earliest occasion' next after the enactment of the said ordinance, and that no such ordinance be made to take effect until Our pleasure thereupon be first made known and signified to you, and by you to the inhabitants of the said Colony, excepting only in the case of ordinances for raising the annual supplies for the service of the said Settlements and their Dependencies, and in any other cases in which the delay incident to a previous communication with Us would be productive of serious injury or inconvenience, in which several cases We do hereby authorize you, with the advice of the said Council, to determine the time at which any such ordinance shall take effect and have its operation within the said Settlements and their Dependencies, which proceeding, with the reasons thereof, you shall on the earliest occasion report to Us through one of Our Principal Secretaries of State. And We do hereby reserve to Us, Our heirs and successors, full power and authority to confirm and finally enact, or to disallow any ordinance, which may be passed by you with the advice and consent of the said Council, either in whole or in part, such confirmation or disallowance being from time to time signified to you through one of Our Principal Secretaries of State.

25. And We do further declare Our pleasure to be, that in the month of January, or at the earliest practicable period, at the commencement of each year, you do cause a complete collection to be published for general information of all ordinances enacted during the preceding year.

26. And we do further direct, that all ordinances made by you, with the advice of the said Legislative Council, be distinguished by titles, and that the ordinances of each year be also distinguished by numerical marks, commencing in each successive year with the number one, and proceeding in arithmetical progression to the number corresponding with the total number of ordinances enacted during the year; and that every such ordinance be divided into successive clauses or paragraphs, distinguished in like manner by numerical marks, and that to every such clause be annexed in the margin a short summary of its contents.

27. And we do further declare Our pleasure to be, that in the passing of all laws, each different matter be provided for by a different law, without intermixing into one and the same Act such things as have no proper relation to each other, and that no clause or clauses be inserted in or be annexed to any Act which shall be foreign to what the title of such respective Act imports, and that no perpetual clause be part of any temporary law, and that no Act whatever be suspended, altered, continued, revived or repealed by general words, but that the title and date of such Act so suspended, altered, continued, revived or repealed, be particularly mentioned and expressed in the enacting part.

28. And it is Our express will and pleasure, that no law whatsoever be made to continue for less than two years, except only in cases where it may be necessary upon some unforeseen emergency to make provision by law for a service in its nature temporary and contingent.

29. You are also to take care, that in all laws or ordinances to be passed by Our said Legislative Council in any case for levying money or imposing fines, forfeitures and penalties, express mention be made that the same are granted or reserved to Us, Our heirs and successors, for the public uses of the said Settlements and their Dependencies, and the support of the government thereof as by the said law or ordinance shall be directed.

30. And whereas by the said recited charter We have authorized the Governor of Our said Settlements and their Dependencies for the time being to summon as an Executive Council such persons as should from time to time be named or designated by Us, in any instructions under Our Signet and Sign Manual to be addressed to him in that behalf; now We do, by these Our instructions, nominate and appoint the under-mentioned persons to be the members of the said Executive Council; (that is to say) the Colonial Secretary of and for Our said Settlements in the River Gambia and their Dependencies, or the person for the time being lawfully acting in that capacity ; the Collector, or the principal Officer of Customs in and for Our Said Settlements in the River Gambia and their Dependencies, or the person for the time being lawfully acting in that capacity.

31. And We do declare Our pleasure to be, that you do forthwith communicate to Our said Executive Council these Our instructions, and likewise all such others from time to time, wherein their consent and concurrence are requisite, and as you shall find convenient for Our service to be imparted to them.

32. And We do hereby declare, and it is Our pleasure, that Our said Council shall not proceed to the despatch of business unless duly summoned by your authority, and unless two Members at least, exclusive of yourself; be present and assisting throughout the whole of the meetings at which any such business shall be despatched.

33. And it is Our pleasure that you do attend and preside at the meetings of Our said Executive Council.

34. And We do further direct and command, that a full and exact journal or minute be kept of all the deliberations, acts, proceedings, votes and resolutions of Our said Executive Council; and that at each meeting of the said Council the minutes of the last preceding meeting shall be read over, confirmed or amended, as the case may require, before proceeding to the despatch of any other business.

35. And it is Our further will and pleasure, and We do hereby command, that in the execution of the several powers and authorities granted and committed to you by Our said Charter and Commission, and these Our instructions, or by any additional instructions hereafter to be given to you by Us, you do in all things consult and advise with Our said Executive Council; and that you do not exercise the powers and authorities aforesaid, or any of them, except by and with the concurrence and advice of Our said Executive Council, save and except only in such cases as are hereinafter saved and excepted; (that is to say) provided always, that nothing herein contained shall extend to prevent your exercising, without the advice and consent of Our said Executive Council, the several powers and authorities, or any of them, which may be of so urgent and pressing a nature as not to admit of the delay unavoidably incident to the deliberation of Our said Council. It is nevertheless Our pleasure, that the measures adopted by you without the advice of Our said Executive Council, upon any such emergency, shall, with all convenient speed, be by you brought before Our said Executive Council for their revision and sanction; provided also, that nothing herein contained shall prevent your exercising the several powers and authorities aforesaid, or any of them, without the advice and concurrence of Our said Executive Council in any case, or upon any occasion, which may not appear to you to be sufficiently important to require their assistance and advice, or which may be of such a nature that in your judgment Our service would sustain material prejudice by consulting Our said Executive Council thereupon.

36. And it is Our further will and pleasure, that no question shall be brought before Our said Executive Council for their advice or decision, excepting only such questions as may be proposed by you for that purpose; provided nevertheless, and it is Our will and pleasure, that if any member shall deem it expedient that any question should undergo the deliberation of the said Executive Council, and shall, by application in writing to you, request and propose that such question should be so discussed, it shall be competent to any such member to enter upon the minutes of the said Executive Council such his written application to you, together with the answer which may be returned by you to the same; and it is Our will, and We do further direct, that if in any case you see sufficient cause to dissent from the opinion of the major part or of the whole of Our said Executive Council, upon any question brought by you under their consideration, it shall be competent to you, upon any such occasion, to execute the powers and authorities vested in the Governor of Our said Settlements in the Gambia, and of their Dependencies for the time being, by the said charter and commission, and these Our instructions, in opposition to such their opinions; it being, nevertheless, Our pleasure, that in every case it shall be competent to any member of Our said Council to record at length on the minutes of the said Council the grounds and reasons of any advice or opinion he may give upon any question brought under the consideration of such Council; and it being also Our pleasure, that, in the event pf your acting upon any occasion in opposition to the advice of the whole, or the major part, of the said Executive Council, you do, by the first opportunity, transmit to Us, through one of Our Principal Secretaries of State, a full explanation of the grounds of every such measure, together with complete copies of the minutes, if any, of the said Executive Council relating thereto; and We do further direct, that twice in each year a full transcript of all the minutes of the Executive Council of the preceding half year be transmitted to Us, through one of Our Principal Secretaries of State.

37. And whereas We have by Our said recited Charter authorized the Governor of Our said Settlements and of their Dependencies for the time being, upon sufficient cause to him appearing, to suspend from the exercise of his office within Our said Settlements and their Dependencies any person exercising the same under and by virtue of any commission or warrant, granted or to be granted by Us, or in Our name or under Our authority: Now We do charge and require you, that before proceeding to any such suspension, you do consult with the said Executive Council, and that you cause to be recorded in the minutes of the said Council whether they, or the majority of them, assent or do not assent to the said suspension; and that you do signify, by a statement in writing to the person so to be suspended, the grounds of such your intended proceeding against him, and that you do call upon such person to communicate to you in writing a statement of the grounds upon which he may be desirous to exculpate himself; and that you transmit both of the said statements to Us, through one of Our Principal Secretaries of State, by the earliest conveyance: provided always, and it is Our pleasure, that the provisions aforesaid shall not apply to the case of the suspension of any officer holding a seat in the said Executive Council.

38. And it is Our pleasure, that all commissions to be granted by you to any person or persons for exercising any office or employment in or concerning Our said Settlements in the Gambia and their Dependencies, be granted during pleasure only; and that whenever you shall appoint to any vacant office or employment any person not by Us specially directed to be appointed thereto, you shall at the same time expressly apprise such person that such appointment is to be considered only as temporary and provisional, until Our allowance or disallowance thereof be signified.

39. And whereas by the said Charter hereinbefore recited We have given and granted unto the Governor of Our said Settlements and their Dependencies for the time being full power and authority, as he shall see occasion, in Our name and on Our behalf to grant to any offender convicted of any crime, in any court, or before any Judge, Justice or Magistrate within Our said Settlements and their Dependencies, a free and unconditional pardon, or a pardon subject to such conditions as by any laws or ordinance hereafter to be in force in Our said Settlements and their Dependencies may be thereunto annexed, or any respite of the sentence of any such offender for such period as to such governor may seem fit: Now We do hereby require and enjoin you to call upon the Judge presiding at the trial of any such offenders to make to you a written report of the cases of all persons who may from time to time be condemned to suffer death by any sentence of any court within the said Settlements and their Dependencies; and such reports of the said Judge shall by you be taken into consideration at the first meeting thereafter which may be conveniently held of Our said Executive Council, where the said Judge shall be specially summoned to attend; and you shall not pardon or reprieve any such offenders as aforesaid, unless it shall appear to you expedient so to do upon receiving the advice of Our Executive Council therein; but in all such cases you are to decide either to extend or to withhold a pardon or reprieve, according to your own deliberate judgment, whether the members of Our said Executive Council concur therein or otherwise, entering, nevertheless, on the minutes of the said Council a minute of your reasons at length in case you should decide any such question in opposition to the judgment of the majority of the members thereof.

40. And whereas you will receive through one of Our Principal Secretaries of State a Book of Tables in blank (commonly called the Blue Book), to be annually filled up with certain returns relative to the Revenue and Expenditure, Militia, Public Works, Legislation, Civil Establishments, Pensions, Population, Schools, course of Exchange, Imports and Exports, Agricultural Produce, Manufactures and other matters in the said blue book more particularly specified, with reference to the state and condition of Our said Settlements: Now We do hereby signify Our pleasure, that all such returns be accurately prepared, and punctually transmitted to Us from year to year, through one of Our Principal Secretaries of State, and that no officer in Our said Settlements and their Dependencies within whose department it may be to contribute any return or returns for the purposes aforesaid, or to prepare the same when so contributed, shall be entitled to receive, or shall receive, from you any warrant for the payment of his official salary which may become due and payable to him so long as such duty as aforesaid shall be in arrear, or remain unperformed.

41. And it is Our further will and pleasure, that you do to the utmost of your power promote religion and education among the native inhabitants of Our said Settlements and their Dependencies, or of the lands and islands thereto adjoining, and that you do especially take care to protect them in their persons, and in the free enjoyment of their possessions, and that you do by all lawful 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.

42. And We do hereby declare Our pleasure to be, that the preceding instructions shall be taken and understood as addressed to the Governor for the time being of Our said Settlements and their Dependencies, or to the officer for the time being administering the Government thereof, notwithstanding the same, or any part thereof may be in terms addressed to you, the said Henry Frowd Seagram.

43. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, renew, or explain these Our instructions, or any part thereof.

V. R.


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