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2/5/1971 - The B.S.I.P.-II: The Significance of Protectorate Status by Edward P. Wolfers

NOT FOR PUBLICATION INSTITUTE OF CURRENT WORLD AFFAIRS E P O Boc The B S I P II Port Moresby The Significance Protectorate Status Papua Territory Papua New Guinea February Mro Richard Ho Nolte Executive Director Institute Current World Affairs Fifth Avenue New York New York 10017 United States America Dear Nolte The territories which High Commissioner Western Pacific responsible governed under probably curious combinations constitutional arrangements devised colonial government Since beginning High Commissioner authority taken Governor Fij vested representative Queen based Honiara ffigh Commissioner Western Pacific responsible overseeing British interests government British Solomon Islands New Hebrides Gilbert Ellice Islands Constitutionally unique combination protectorate joint French British condominium Crown colony respectively which Gilbert Ellice Islands Colony contains islands Canton Enderbury which themselves legally under joint British American condominium The constitutional structure Western Pacific High Commission truly eccentricity empire However Newsletter specifically concerned legal status High Commission territories whole especially their various statuses changing government approaches Solomons Gilbert Ellice Islands Rather represents fruits personal rather wearying attempt understand precisely significance protectorate status Curiously widely throughout colonial world there relatively little discussion meaning importance protectorate status Two__ Of__ Prote gtorate In international according Sir Kenmeth Roberts Wray former Legal Adviser Commonwealth Relations Office Colonial Office whenever country under protection another Protectorate Thus regular international since early years nineteenth EV century employed example refer Austria suzerainty Italian states However British constitutional tended distinfuish between protectorates protected states since establishment ritish protectorate south eastern portion New Guinea present Papua although former often loosely embrace latter They products nineteenth century policy state which tended favour minimum intervention affairs colonising areas where Great Britain sought secure subjects trading rights exercise control activities subjects prevent another European power claiming sovereignty In general again according Roberts Wray internal administration protectorateis usually under control United Kingdom Parliament Colony Crown possessing unlimited jurisdiction while Protected State Crown urisdiction limited there always local Ruler In called uncivilized areas Crown could unilaterally declare protectorate order control igration least without havin incur responsibilities expenses which usually colony status The protected states established agreement between Great ritain local ruler thereby transferred responsibility people external affairs defence Crown As L L Kato another lawyer remarked egoing reements colonisers having fight order control Thus surprise these agreements effeCtivel bound protected peoples protector They could scrapped unilaterally ctively protector They sense legal fictions allow indirect areas which British government presently become involved business internal administration In uncivilized there course other single which effective domestic jurisdiction Thus British governent effective protectorates protected states although probably original except relation their external relations number cases The Declar_ation Che British Solomon Islands_ Pr ote_c torate Throughout thirty years nineteenth century successive British government generally reluctant acquire aditional possessions Pacific They however willing varying degrees secure British commercial Australian defence interests there therefore other European powers exercise control activities those British subjects engaged labour trade The upshot these conflicting tendencies Sn British policy passage Pacific Islanders Protection Acts which empowered government control entry British subjects those islands which annexed govern their conduce there subject normal processes However under section Act EPW government hastened point issuance Order Council applying provisions Act equivalent annexation Nothing herein Order Council issued under provisions Act3 shall extend construed extend invest Her Majesty claim title whatsoever dominion sovereignty islands places aforesaid islands places neither within Her Majesty dominions within jurisdiction civilized power3 derogate rights tribes people inhabiting islands places chiefs rulers thereof sovereignty dominion Thus readers pages EPW recall administration British New Guinea unable legislate Papuans protectorate declaration there until annexation The distinction between protectorate colony status observed British New Guinea however adhered Germans New Guinea With issuing first Order Council under Act British government sought exercise control entry behaviour subjects islands though Professor J M Ward British sovereignty claimed therein In several historians observed procedures arrest trial cumbersome under thinly spread High Commission staff administration British subjects probably severely supervised after High Commission establishment under system commodore justice which administered Royal Navy Nonetheless labour trade gradually faded 1890s Great Britain Pacific islands began require positive action taken simple exercise extraterritorial jurisdiction British subjects region Thus secure British against French bring blackbirding Queensland sugar plantations partly response imperialistic ambitions xenophobic fears Australian states British government declared protectorate south eastern Solomon Islands gradsly extended shown until Britain completed complicated series deals Germany which latter recognised Great Britain rights Solomon Islands south Bougainville exchange British recognition German claims elsewhere especially Smoa The reciprocal British acknowledement Of German sovereignty Bougainville incidentally nowadays latter island wouldbe secessionists Papua New Guinea cynical attempt colonial powers divide Bouainvilleans their southern Melanesian brothers That British claim asserted certain cynical delight cannot doubted judging minute Fuller Colonial Office EPW Ontong Java Lord Atol BRITISH SOLOMON ISLANDS lnvflle Scale Miles Choiseul Laura F C C E A N Mono ellaKolom Ne StaIsabel Busotu Sikataua RussellIs Duff Is lteef Is Su Cristobal Tlnakula Volcano orMakim Iqdent oSanta Ana Santa Cruz Is Bellona Utupua P ennel_l VanlkoroC Yikopia Anuta Fata The Extension Protectorate In April Germany Great Britain agreed recognise marked demarcating boundary between German Protectorate New Guinea British sphere influence In June July Great Britain proclaimed Protectorate islands south marked south San Cristobal outliers exception three islands their names underlined Bellona Rennell Sikalana In Bellona Rennell Sikaiana included within boundaries Protectorate In islands south included within British otectorate In Germany recognised Great Britain claim islands shown south Bougainville marked became final boundary between German later Australian New Guinea British Solomon Islands Protectorate Protectorate declaration The object foreign powers obtained whether Union Jacks natives articles clothing In rather balanced fashion C M later Sir Charles Woodford became Resident Commissioner Solomons High Commissioner representative observed three years earlier other considerations attitudes relevant proclamation Protectorate The regulations High Commissioner Western Pacific forbid rightly forbid retaliation natives resident white The traders therefore right expect adequate protection should afforded ursuit lawful peaceable calling I place where paternal government would sooner produce beneficial results olomons The numerous small tribes which population split would render organised resistance properly constituted authority quite futile while I believe natives themselves would recognise advantages increased security property Here worthy indeed devotion For usual complex mixture reasons which Britain annex territories elsewhere Pacific during quarter nineteenth century Protectorate gradually extended embrace whole present Solomon Islands While individual planters traders recruiters islands financial British government became involved variety nationalisti humanitarian defence reasons economic motive declaring Protectorate however simply money process safeguarding subjects interests Although especially British writers written traditional societies Solomons governed kings chiefs seems clear British government alternative declare Protectorate narrow constitut ional sense unilaterally And xcept small Polynesian outliers there institutionallsed leaders ranging powers agreement protection could negotiated As S G C Knibbs first Crown Surveyor later Commissioner Lands Solomons wrote chief government described Polynesian island Bellona typical Melanesian chiefly kingly governmental counterpartsi abroad In despair people constant enquiries Resident Commissioner might thinking moment would understand significance I announced Government Oht Government Their astonishment remarkable behold They understood Government meant A recently discovered proclamation Protectorate Florida Gela Ngela Nggela Island The photograph taken kindly supplied Ted Marriott B S I Information Service toothed buffer stood before Government himself And numerous others These brought handshaking repeated Each quite apparently social equal carried wooden enormous walking stick insignia gubernatorial The Commissioner carried although Knibbs himself stick G overnments about insisted showing realm which exercised sovereign jurisdiction One paramount Beaa another immediately But place where flung their shells explained former chief That should understood without equivocation flotsam realm should encroach Quite The Government sphere influence commenced beach extended couple chains Here undisputable everything ithin these bounds And territor commenced still within stone throw beach ianship w_ich hands unlimited monarch whose territory extended earth extent hundred But curiously document which superior power effective responsibil Pacific Order Council under which Protectorate declared probably occasioned discussion since publication before pressure building proclamation Its format seems given doubts largely false expectations resolved Th Pacifi_c_r Co_uncil_ The Pacific Order Council rofessed drafted subject provisions Pacific Islanders Protection Acts British Settlements Act Foreign Jurisdiction Act And subject these Acts other mainly procedural provisions contained within Order itself empowered High Commissioner according rewording which applies retroactively original Or regulations peace order government British Solomon Islands Protectorate The first three Acts measures which empowered British government islate British subjects resident outside dominions Pacific islands British settlement Pacific Islanders Protection Act recalled specifically denied claim dominion sovereignty islands sought jurisdiction British subjects there EPW British Settlements Act empowered Queen Council establish institutions constitute courts officers appear necessary peace order government Her Majesty subjects others within British settlement Both Acts claimed extra territorial jurisdiction British subjects outside Queen dominions second could argued government British subjects effective others within British settlements However Foreign Jurisdiction Act which Order claimed issued further earlier Act It dealt foreign urisdiction acquired Her Majesty whether treaty capitulation usage sufferance other lawful means declared I It shall lawful Her Majesty Queen exercise enjoy jurisdiction which Her Majesty hereafter within foreign country ample manner Her Majesty acquired jurisdiction cession conquest territory Every thing pursuance jurisdiction Her Majesty foreign country shall valid accordin local force country In other words British government empowered claim jurisdiction where chose There restriction If Order Council pursuance Act respects foreign country respect repugnant 9rovisions Act Parliazent extending Her Majesty subjects country repugnant order regulation under authority Act Parliament having country force effect Act shall subject Act order regulation shall extent repugnancy otherwise Thus British Solomon Islands Protectorate under Foreign Jurisdiction Act extent conflict Pacific Islanders Protection Acts For reason British Solomon Islands Protectorate seemed differently constituted restrictions placed urisdiction government apply other British protectorates Africa Asia Elsewhere while clear Foreign Jurisdiction Act specifically intended grant etraterritorial urisdiction government British subjects abroad Act broadly framed could applied anyone Only thePmi applicat restricted especially Solomons which never annexed Crown Gilbert Ellice Islands Thus according scholar Dro John Hookey Crown Law Officers Britain tended argue until early years twentieth century Protectorates considered outside Territorial Dominions Crown In Melanesian Protectorates where jurisdiction obtained treaty agreement local rulers chiefs Law Officers advised jurisdiction limited Foreign Jurisdiction Acts British subjects extend either European foreigners Melanesian inhabitants Protectorates In course Protectorate development eventually required government jurisdiction extended especially administration buildings forestry planting grazing acquired section Pacific Islanders Protection A above became increasingly irrelevant Nonetheless widespread belief persisted supposed illegality government actions especially illegality dealings Special Lands Commission C H Allen reported It suggested advice constitutional legal advisers Colonial Office should sought definition implications limitations Crown supreme title Protectorate definition extent which legislation enacted control native In connection question emphasised while today generally believed difference exists between colony protectorate remains Solomon Islanders possess different meanings implications As Protectorate country under protection aliem friendly benevolent power which protects admini sters people accordance their wishes interests A colony other territory whose resources people enslaved exploited terest colonising power Implicit colony interests This attitude expression during political troubles between government proto nationalistic Marching Rule movement still extant regardless naive might which cannot lightly disregarded Even recently during middle I villagers plantation workers eastern Guadalcanal firmly believed government present activities especially those involving illegal derogated their rights sovereignty dominion Organised Peoples Protection Party local expatriate planter emissaries central western Solomons raise support shape zoney signatures etitien their their alienated lands returned prevent granting forestry leases mineral prospecting authorities their unalienated lands With ambivalent understanding central politics national development which characterises those encapsulated small political communities periphery national politics neither appreciate nature national priority allocation complained absence development their alienation taxation In planned challenge constitutionality Protectorate policies entire government retained solicitor their behalf In respects their intention course quite quixotic No British government government would prepared allow entire constit utional structure territories simply overthrown legitimacy institutions developzent disengagement openly undermined retroactively applicable Act certainty event challenge success Otherwise under section Foreign Jurisdiction Act government could sought persuade High Court Western Pacific refer question Secretary State shall legally court within reasonable decision question decision shall purposes proceeding final However constitutional question raised another October November resolved Fiji Court Appeal another manner sense disaffection government villagers should quietened least insofar derived sincere questioning tlegality government activities under terms Acts under which Pacific Order Council succeeding Orders issued The The particular J B Tufa The Commissioner Lands Surveys Levers Pacific Plantations Pty Limited which constitutional question posed Newsletter seemingly resolved concerned appeal Melanesian against disallowance objection registration Commissioner Lands Crown owner piece leased Levers plantation Russell Islands The appeal agalmst earlier decision High Court Western Pacific disallowed Fiji Court Of Appeal round Court wrong point event appeal Privy Council Tompkins J A examine plaintiff arguments The argument advanced dismissal appeal derived quoted judgme Lord Justice Denning Nyali Attorney General which Althouh jurisdiction Crown Protectorate Kenya limited Jurisdiction nevertheless limits extended indefinitely embrace almost whole field government They extended Crown jurisdiction everything connected peace order governmen leavin title ceremonies sovereinty remaining Sultan Once jurisdiction exercised Crown Courts permit challenged And foregoing quotation supported quotation Ibralebbe R cited Sir Kenneth Roberts NJray effect power peace order vovernment territory saito connote Widest making powers appropriate sovereign In short Solomons Land Claims Regulation No valid within Crown prerogative governing Protectorate state which cannot questioned Court Law Viscount Haldane judgment Sobhuza II Miller peace order government Protectorate established legal mechanism resolution disputes In adding found noteworthy King Regulation stood unchallenged years learned judge seemed echoing L L Kato belief difference between colony protectorate their there limitations exercise jurisdiction these limitations imposed limitations which always extended usage sufferance They limits whose sanction sovereign In supporting judgment T J Gould Vice President Court Appeal agreed foregoing gment added interesting point Section Order Council states In islands places which British settlements under protection Her Majesty jurisdiction under Order shall exercised except Order otherwise expressly povided Her Majesty subjects It class territory section Pacific Islanders Protection Act above applies section Act limits scope islands places Pacific Ocean being within Her Majesty Dominions within jurisdiction civilised power However Gould Once territory becomes Protectorate which involves internal administration thereby Her Majesty Dominions brought within jurisdiction civilized power Great Britain Thus declaration Protectorate British Solomon Islands seemingly removed jurisdiction section Pacific Islanders Protection ACt In sense reamble Order which refers continued applicability section mentioned Act irrelevant those islands which Order itself applies EPW Conclusion Although subject matter Newsletter somewhat recondite compared others series perhaps worth pointing Out ustificaion existence issues stake lawyerS quibbles They quite practical political importance people government British Solomon Islands concerned challenge activities Western Pacific High CoLmission Solomons constitution which introduced through Order Council which purported issued under Foreign Jurisdiction Act Had doubts resolved judgment described above remained unresolved whispers campaigns doubt would persisted vindicated disaffection areas might reached crescendo after which retroactive validating Act might establish legality government least short legitimation would slower painful process passage In judgment summarised above reolved interesting point which lawyers historians differed resolved manner similar points resolved elsewhere In conclusion seems Great Britain sought initially intervene Pacific islands inexpensive manner possible The British government sought control activities subjects entry foreigners without incurring expens responsibilities which customarily accompany Crown colony administration legislature system internal administration Later development became colonial concern government quite legally legislative authority itself chose thought necessary accomplish Today protectorate legal importance distinguishing between different kinds colonial possession It memory istinction which humanity towards Melanesians their dealings outsiders foreign rivalries especially French parsimony combined persuade British government exercise initially limited jurisdiction Solomons In retrospect appears lawyers Order Council under which Protectorate proclaimed probably unconsciously laying groundwork became effect Crown colony administrat Today rather lawyers Sir Thomas More described people whose profession disguise matters Yours sincerely Received New York February