Constitutional development in Sierra Leone - Experience The Black Hall

The colony of Sierra Leone

Henry Smeathman, the botanist recommended Sierra Leone, as the place most conducive to the establishment of a South settlement.1 established as a crown colony in 1808, the Sierra Leone Peninsula and the areas directly to him by a Governor in Council has been ruled from both the executive and legislative together. This system continued until 1863, when the executive and legislative functions were divided betweenan Executive Council and Legislative Council. Although the new council is a step from the old form of colonial autocracy, it is argued that it is not in slavery as a step towards self-help government.2 The colony of Sierra Leone was to have been inspired by the opposition to humanitarian favor of the institution and funded by the UK will end the slave trade. By the middle of the eighteenth century, the system of slavery was not too popular with the British. OnSeveral times, the public's attention the question of whether a slave should be after the arrival on English soil taken freely. The philanthropist Granville Sharp struck an effective blow in 1772 with 3 "a test case in the event of a slave named James Somerset, who was brought to England from Jamaica was by his master, and then had planned to run away from him. " The principles of Lord Chief Justice Mansfield of the English High Court in the case of Somerset v. Stewart impliedthat every foot slave in England should be considered a free man. He noted that "the State is unable to slavery ... introduced to the reasons ... I can not say that this is permitted or authorized by the laws of England and so the black man should be fired '.4 This famous decision stimulated Mansfield Christian philanthropy of men like Wilberforce and Sharp.

The consequence of this ruling was the release of hundreds of slaves living in England. During the AmericanIndependence (1776-1983), the British encouraged slaves to leave their masters connect America to the British Army, in exchange for freedom and country. After the war - which England lost some of the slaves went to Nova Scotia (Canada) and some in London. In London, these former slaves had to face many problems. Your freedom is definitely not meant equality with British subjects. Often poor, most of those freed slaves in the streets of England, good heart and went painfullyMen of property. They put an embarrassing social problem. The winner and hero of the case Somerset, Granville Sharp, has kept a growing number of slaves they called Black Poor. It did not take long to realize Granville Sharp, that the problem was more charities would be able to long. As an agency of repair, a significant number of philanthropists, a committee formed to relieve the poor blacks in 1986 known as the Committee of poor blacks. This committee waschaired by Jonas Hanway. It was during this period of uncertainty that a particular person, Dr. Henry Smeathman, also known as fly-catcher, who had lived for about three years near Sierra Leone, the region strongly recommended as an appropriate system. In 1785, this certificate Botanical Sierra unhealthy for the creation of a concrete solution Leone. But in February 1786 declared the area for human settlements, crop production and animal husbandry. His vision for theSettlement was mainly economic and trade relations. Granville Sharp, a leader abolished ', Jonas Hanway, John and Thomas Clarkson (Thomas Fowell Buxton and later) use a system of colonization. Lack of funding prevented them from acting together. They requested the British government for assistance, which gave willingly, because it would put an end to the problems of poor blacks.

The colony of Sierra Leone (which started on May 11, 1787) begannot as a British colony, but as an independent colony in Africa with a completely Governor Richard Weaver. Needless to state, was the beginning or the beginning of a new process in the relationship between Africans and Europeans. This experiment was a hard side of the so-called African diaspora "in place of the old" middle "movement when blacks were taken from Africa as slaves and sold in markets in Europe and the New World, the new" middle passagetransport step in recent years has been to make the blacks the way back to Europe and the New World, not for slavery, but that may be a possibility that their lives as free men in their mother tongue continent "This settlement is was 0.5 I have no doubt, a small, but had almost all the essential elements of a state. The governor and the Joint Council would have called the president and parliament, respectively. The settlement was with the old English system of administrationfrankpledge in which the colony has been divided in hundred and tenth. Tithingmen and Hundredors (which have been duly elected) make rules for the good government of the colony. These rules can be like the laws. In fact, there was a community of independent political Blackmen free and independent (and women) .6 Such a brief discussion, reminiscent of the ancient Greek city-state, democracy practiced, although composed differently. In other words, "Democracy in Africaor elsewhere, is the government of the people "7 When Mr. Guy Clutton-Brock -. The writing of a typical African village - has put it," the elders sitting under the big tree and talk up to 8 "agree to this form democracy. (practice similar to the city states of ancient Greece) was a bit 'different practiced by the settlers in Sierra Leone. In the latter the right of the settlers was to take political decisions are not exercised directly, but "to participate through representatives elected byand be responsible to them, such as representative democracy "9 known. The first Constitution of Sierra Leone has its significance as the first instance in modern history of colonial self-governing community of non-European population, where color is not disqualify and Negro freedom was allowed to political and civil rights of Europeans as tithingmen hundredors blacks and the settlers in Sierra Leone had administrative duties, which had developed meets legal obligations, as the jury.had shown intelligence and discernment, praise the Europeans. "Representative 10 The fundamental right or privilege, they chose was just a breather.

The Sierra Leone Company Act of 1790, the conversion of St. George's Bay Company in Sierra Leone Company, a Royal Charter of marathon beginning of a period as a result of oppression and colonists for independence. Porter identifies four key developments in 1807-1808, which not only transformed and changedrestructured the history of the colony of Sierra Leone. First, the slave trade was abolished in 1807 by the British Parliament. Second, the African institutions (composed mainly of members of the Sierra Leone Company) was formed for the physical regeneration of Africa. Members of hope, or rather tried to Africa this institution continues to defend its interests and influence in the colony. Thirdly, in part because of the failure of depleted Sierra LeoneCompany and in part to suppress the inhuman traffic Atlantic, a Crown Colony was founded in 1808 in Sierra Leone on January 1. Fourth, the order of the Council of 16 March was founded in 1808 by a deputy of the Admiralty in Sierra Leone to try to capture both slaves and their owners.11 A catastrophic effects of these developments was the abolition of the expertise legal settlers. They have lost all rights of participation and representation. Since 1863, though (ugh) the size ofLegislative Council increased gradually, its main features have remained unchanged. "12 It is therefore not unreasonable to look at short for changes in the state of the colony and the Constitution Blackhall, this structure does not change much until 1924 ... . "13 The colony of Sierra Leone was founded in 1978 in part to" ensure a house on the African continent for the natives of Africa and their descendants who for one reason or another, mainly because of slaveryand the slave trade, had left their native language and banks were forced to live abroad. "14 It could Leone identify four groups of settlers in the colony of Sierra. The first was the Black poor, who came 1787th The second group of settlers, Nova Scotia, arrived in 1792. The next two groups of settlers, the Maroons Recaptives and freed Africans arrived in the nineteenth century, this first in 1800 and 1808. The relationships between and among these differentGroups of settlers were initially hostile and was Freetown community or hierarchically stratified society. It was recognized that the social distance between the settlers and freed Africans. But time Freetown was a melting pot of cultures. In the face of Western cultural patterns interpreted by the colonists of the New World (New Scotland is predominantly), patterns of patronage and were strengthened in favor of European administration and other support servicesAgencies such as missionary societies, freed Africans, was known as the fourth group of immigrants, "began to just copy these models the high prestige for all groups in the area." 15 This was "new" land settlers turned to mold itself and the result is a new nation with a strong and distinctive identity. Religion, education and trade were three factors that the transformation of the lives of settlers, whose descendants were called the Krios support.Religion and education, according to Porter are "indicators of status in society and how Freetown avenues through which an individual or a family that really motivated to move vertically on a scale of stratification." 16 E 'then until 1850 together can see the descendants of settlers and freed Africans (Krios) in the records of CMS (now Sierra Leone), High School (1845) and the feminine Transportation Institute (1849), later known as Annie Walsh Memorial School. As families became more prosperous,moved from the chapels of the great independent churches. The role and importance of education for example, should not be underestimated. He opened the eyes of Krios.

The 1850 began a new era of political activity. It 'been a revolution of ideas after the birth of the new elite. Education "made men more ready when the need, question the whole basis of the old order." 17 But what was the old order? This was the political and constitutional arrangements inthe colony -. supreme power, executive and judicial legislative power - rested with the governors, who were all Whitemen. His Majesty not to interfere in colonial affairs, without the advice of Secretary of State for the Colonies, or the toilet. The colonial rulers were not responsible people who govern, but the Queen, the British Parliament or the British electorate.

Events, the 1863 Constitution

Why were not the Kriosadequately represented in the Council that the colony settled? Wyse made as pungent, "the Krios contributed to policy development in West Africa. Education, the Christian religion and its association with the white man Krios equipped with the tools needed to understand the political ideology of the government and its Western European and limited use as they undoubtedly are, the European challenge ruling caste system ".18 The company was aware of the KrioReasons for the creation of Granville Town in 1787. Granville Sharp, the resolution will be more than an outlet for poor blacks. He dreamed of a free solution. The Krios now enjoyed a return of the time, as a rule free black ancestors did. Have seen their original role as an agent for the marketing of Western civilization and Christianity with great pride. Krios, the intelligentsia, were disappointed by the unwillingness of Britain to establish a democratic governmentin the colony, although the British enjoyed democracy at home. They were even more concerned when compared to what happens in the same colony that was set out in Liberia, where people. They started to attack the old system of Crown Colony government that was imposed them.19 Other developments exacerbated by the desire of the educated elite in the colony of Sierra Leone foundation to challenge the entireSystem of colonial administration. Sierra Leone has produced the first group of western educated elite, in British West Africa and fulfilled the dream of Governor Charles McCarthy (1814-1824). He has acted as the basis for the propagation of religion, civilization and Western education in West Africa.

Fourah Bay College (1827) served the British West Africa and was the only university in the region until the turn of the century. E 'Krios was very painful, therefore, that the colonySierra Leone has been much slower than the other constitutional race British West African countries that had won more "advanced" constitutions to separate the legislative and executive councils. When the Gambia has been separated from Sierra Leone in 1843, was an executive and Legislative Council is constituted and the business community, dominated by a few European companies, like representation. In the Gold Coast and the executive and legislative councils were established in 1850. L 'Autonomous Republic of Liberia. But the Constitution of Sierra Leone, with only small changes, which had been in 1821. Its citizens were taxed, but still under-represented. Private also the voice of a local grand jury, could only make their views petitions.20 settlers in the colony in 1850 had not recognized political party of the social question in the Constitution of 1808 has recently been obsolete in the face of development. But the lack ofa political party was a low barrier, did not want to undermine the efforts of the settlers. As Porter observed, "like many of the colony were expanded with the form of government in which they had no part. In 1850, the Rev. ET Poole, Colonial Chaplain, dissatisfied with a book published, in which he protested against the colony ruled by a Privy Council, who represented the people are not "21. However, it was an individual print. In 1853, a powerful organization,Sierra Leone Committee of the correspondence consisted of a Western Indian Ocean to support Mr Lenaghan privilege of legal and constitutional representation. This organization of local businessmen has been superseded by more powerful or influential Mercantile Association. However, it is fitting to pay tribute at this point or just pay the Mercantile Association, or rather the role of the Merchant Elite articulated as the middle class. The trade had become an instrument of moralelevation. Largely through the efforts of Governor Charles McCarthy and the settlers themselves, there was a significant change in the standard of living of the latter. With the formation of cooperatives and groups in other offers, the settlers of the colony have been able to get huge gains. It soon became clear that a merchant elite developed. An organization that defends the interests of the growing business community, representing the Mercantile Association was formed by a groupsuccessful entrepreneurs in 1851.

The Mercantile Association has played an important role in policy development of the colony in 1850. While authors such as Edmund Burke believed that political authority is the tradition, others such as James Harrington argued that political authority was the result of an economic nature. In other words, political power follows economic power. If anything, there is a semblance of truth in the proposed Harrington. With economic power,Record Association (a body of multi-ethnic state), a political voice of the people, is often referred to as the colonial administration. (As we shall see later, this union was so important that one of the working conditions of the Legislative Council in 1863 was done with his advice). The Mercantile Association (who had some professional) was not only numerically stronger and slowed the Committee of Correspondence are very influential and blackwhite settlers who really make a substantial part of the economy. Regardless of this composition, this powerful association in 1958, "Petition against the misuse of taxes and demanded a new constitution for Sierra Leone." 22 The Association also called for an elected assembly. The settlers of the colony of Sierra Leone has also had international support. The Aborigines Protection Society and the Anti-Slavery Society in England, two bodies, the doubts about theBritish House of Lords many evils in the colony of Sierra Leone. It would be academic because they are calculated correctly treason to confirm the role of the press in this period. On a more general knowledge of African-owned newspaper had during the colonial period, some general characteristics. First, it competed with the colonial administration. It 'was the most effective weapon for airing grievances and political influence has long been the flow of events in the absence ofa democratically elected Government. Secondly, the press, both the artist and the ideals and aspirations of the people, the guardian guardian and protector of the rights and freedoms. In a special note, the press in Sierra Leone in the years 1840 and 1850 was anything but ineffective. Some claim that the papers were in the rear of the nineteenth and early twentieth century is of better quality than that of 1840 and 1850. However,Newspapers in the years 1840 and 1850, very critical of the colonial administration. Such a newspaper (which had almost absolute power in the government) attacked deep political problems, the government's direct representative of the Council and its indirect power of patronage, the new era.

In May 1855 William cloth, a West Indian, the first newspaper was founded on African soil. This weekly publication is designed explicitly to reflect local opinion. ManyFinally, the document is seen as a rallying point for the anti-government ... " 23 It was clear that 1863 has been superseded by the Constitution of 1808 regarding the development in question. It 's true that they do not change with pressure, only fools and gods. The colonial government realized that the wind of change in Sierra Leone had made a hurricane swept through the colony. The acting governor, Governor Hill was very persistent. The settlers need a governor who has been considerableenough. They found a man in the governor Blackhall, an Irish landowner, who was appointed in 1863. As Fyfe noted that gentleman, "was ready to go back, if necessary, to accept the war policy of his predecessor, and a new legislature." 24

1863 Constitution

The legislation was approved by the colony of Sierra Leone Constitution paves the way for the formal introduction of the Black Room. The pressure of the settlers of the colony and itsFollowers in the Constitution of the United Kingdom further advance was for good reason, since the British colonial government or acceded to the requests and a constitutional amendment introduced in a paper dated May 27, 1863 together with the royal instructions of May 30, 1863 after a new constitution for the colony of Sierra Leone. "25 On July 26, 1863 adopted the Governor Samuel Wensley Major Blackhall following proclamation:" I proclaim publicly, said that the Charter of Justicefull force and effect from that date. "26 The Royal Charter and instructions to revoke the Constitution Blackhall in the Charter of 1799. In this novel constitution, proposed the" Governor's Council was abolished, and have been in place a legislative and an executive of the Council. Set "27 It should be noted that the very constitutional history began in Sierra Leone in 1863.

Perhaps it would be rash to say that this was the beginning of the modern houseRepresentative, or better yet the Parliament. A closer look at the details, the Board was completely out of the official members, namely those forming the Legislative Council, along with the governor appointed. The members of the Board so was the governor (SW Major Black Hall) The Chief Justice (John Carr), The Colonial Secretary (George Nicol), The Queen's Advocate (HJ Huggins), the commander of troops (Colonel Hughes) .28 The legislative branchCouncil composed of the governor (the official title of governor and commander-holes), the official members of the Board and any other person or persons nominated and appointed to serve on the Board, "29 The official members were forced to support policies governor. As Martin Wight put it, a State official could not "give in the office and the seat, if his conscience does not allow the crown of such a measure of support to continue, as you cannecessary to allow the governor to carry on the business of government in the legislature. "30

The Council appointed the provisions for only two non-official members. These were elected by the people. In its selection, the governor was required to take into account "not only for those who are most likely to support the government, but those who were taken to be represented and you will .. be informed of the most intelligent community . and adopt theAdvisory body consisting of one style more or less popular. "31 Two conclusions can be drawn or inferred from the above quote is. First, the non-official members appointed by public opinion and make the second, trying to ascertain the wishes of intelligence have been part of the community and the advice of a popular body used non-official members of the government in the articles section of the community. Just like wearing Peterson notes, "if the governor revived BlackhallMercantile Association in 1863 to choose an unofficial member of the newly launched Legislative Council for Sierra Leone, has chosen the market leader in Africa to Freetown, John Ezzidio. As a member of the Legislative Council, was a representative of the commercial Ezzidio community.32 The other was an unofficial member of the influential Charles Heddle, who had been sitting on the former governor of the Council for many years. It was clear that the club was still influential Mercantile. Revivedtemporarily in 1863, the club was formed in 1864 as the Chamber of Commerce Merchant. After 1863, although he was "excluded from the constitutional function, unless the board or a forum in which grievances could be aired and proposed reforms." 33 A critical examination or review of the composition and functions of the Councils of the Constitution of 1863 clearly defined obstacles to their development as a truly representative institutions. A thorough examination of theBlackhall Constitution is in a better position to understand the condition of Slater. The powers of the governor, for example, has been exceptional. As chairman of both Councils, was to chair meetings and propose the agenda for discussion. Markin Kilson forces to believe that "information on the prevalence of democratic heir to the British colonies in West Africa was evident from the start of constitutional development." Marcus Jones 34 brilliant synthesis' ofPowers is governor denied the claim Kilson that "the governor the right to appoint and appoint those who were satisfied with ... he could put off postpone, call or dissolve the Council. He was the undisputed ruler, subject only to directions from the state government. "35 Hargreaves discusses in detail the British electoral system and representation in its colonies. He concluded the section by noting that, although the elections Ezzidio was certainly a Democrat, was in noAs an arbitrary choice, but more realistically noted that 36 Wyse pierced the heart of the matter when he observed that "these systems are clearly unsatisfactory for the people had a right to elect their own representatives and to decide how they would be governed. were considered "Ezzidio election could be considered in any way set a precedent for increasing political independence. Although the consent of the Legislative Council has been necessary to move the legislation and the annual estimates was that the agreementalways supported by the majority official. If we critically evaluated the book of the 20th Executive Council minutes July 1863 the Constitution was merely an act ridiculous. According to A. Dike, Director of the Executive Council, His Excellency the advice of his Council took on the outlook for 1864 ... The Council suggested some amendments, is approved and recommended that this be presented to the Legislative Council for its offices. "The 37 'is completely absurd, as the governor always justifieda majority of the Legislative Council official. But what kind of democracy is that? It 's true that in 1863 a forum for constitutional debate on political issues, but "Ironically, the Constitution marked the beginning of a downturn in the political affairs of Sierra Leone" 38

The fact that the Legislative Council on several occasions the policy of the colonial government influenced not mean that it was very effective. Although John had a list of illustrious EzzidioSuccessor must not forget that, whatever the situation, a colonial government, a series of autocratic or interests. Although the Legislative Council has the right to advise the governor, this was not obliged to accept such advice. Perhaps a fair description of the Constitution was made by Blyden. As he noted, "a notable feature of the Constitution in 1863 to extend the privileges of the official representation of the Legislative Council, the AfricanSettlers. "39 Note the use of the word privilege, which well describes the situation. But why is not it? Done, the colonial government was not ready to give up representation. Some people mistakenly believe that the Constitution was because of democratic political representation . In fact, it is very doubtful that "this development could not be regarded as the beginning of the true representatives of the government in Sierra Leone, the British government has insisted that Ezzidiohas not been delegated, but a candidate of the merchants, removable from the Queen's pleasure, and not to the delight of merchants. guess, not "40" "The new agreement like this, unfortunately, no independent political community. In 1863, the settlers left in a state of disillusion. The main shortcomings of the existing judicial system, which were received before that time. You can reject the chorus of praise, which is a welcome and progressive measure has been proposed as misleading as simple asfailed miserably to meet the needs, desires and expectations of the settlers. As Porter put it, "people were clearly ready for a change and it was (only) partially met in 1863 ...." 41 was proposed to apply the adjustment, and the colony would benefit from the experiences of these institutional processes of a liberal democracy, the Constitution of 1863 and its implementing regulations introduced by the devices. In light of the recommendations of a Committee that examined the conditions of the settlements in West Africa, within two years of 1863 Constitution of Sierra Leone, the verdict doubtful.42

Conclusion

Although it is a fact that the constitution of 1963 marked an inch away from earlier forms of colonial autocracy. At the same time, it is also undeniable that this Constitution Blackhall is "essentially a device for a government more efficient expansion> Cologne, but as a concession to the principle of representation. "43

References

1. Arthur Porter, Creoledom, (London: Oxford University Press, 1963), p.10

2. Martin Kilson, Political Change in a West African State (Harvard: Harvard University Press, 1966), p.98

3. TN Goddard, The Handbook of Sierra Leone, (London: Grant Richards Ltd., 1925), p.20

4. WM Macmillan, the road to self-determination, (London, Faber & Faber, 1959), p.51

5.Porter, op cit., P. 19

6. It was Marcus Jones, "Legal Development and constitutional change in Sierra Leone, 1787-1971,
unpublished manuscript, p.30

7. Rupert Emerson, the political awakening of Africa (Englewood Cliffs: Prentice Hall, 1975), p.122

8. Ibid.

9. The New Encyclopedia Britannica, Vol.4, sv "democracy", p.5.

10. Kilson, op cit., D.98

11. Porter, op cit., P.35-36

12. Christopher Allen, "The constitutional change in Sierra Leone,1863-1967, p. 1

13. Ibid.

14. Porter, op cit., P. 10

15. Ibid., P. 12

16. Porter, op cit., P. 78

17. David Thomson, Europe since Napoleon (Norfolk: Lowe and Brydone Printers Limited, 1957), p.4

18. AJG Wyse, quoted in Joseph E. Harris, overall size of the African Diaspora (Washington: Washington University Press, 1982), p.327

19. JD Omer Cooper et al. to the growth of African civilization, Vol 1. (Longman: Longman Group Limited, 1968)P.154

20. Christopher Fyfe, A History of Sierra Leone, (London: Oxford University Press, 1962), pp.281-282

21. Porter, op cit., P.56

22. Jones, op cit., P.214

23. Federico JA Omu, quoted in JD Fage, JR Gray and RA Oliver, eds. Journal of African History, Vol

IX, No 2, 1968

24. Fyfe, op cit., P.318

25. Jones, op cit., P. 11

26. Ibid., P. 10

27. Cecil M. Fyle, The history of Sierra Leone, (London: Evans Brothers Ltd., 1981)P.75

28. Jones, op cit., P.221ff

29. Blyden, op cit., P. 37

30. Martin Wight, The Development of Legislative Council (1806-1945), (London, Faber and Faber, 1945), p.109

31. Jones, op cit., P.214

32. John E. Peterson, Province of Freedom (Evanston: Northwestern University Press, 1969), p.295

33. Fyfe, op cit., P.331

34. Wilson, op cit., P. 4

35. Jones, op cit., P. 213

36. JD Hargreaves, "The problems of constitutional development in the WestAfrica ", Issue 1, Extra Mural Studies Department

37. Minutes of the Executive Council (20 July 1863-7 November 1870), Sierra Leone State Archives

38. It was Marcus-Jones: "The protection of fundamental rights and individual freedom in Sierra Leone", unpublished PhD Thesis, Yale (nd), p.31

39. Blyden, op cit., P. 42

40. Gershon Collier, Sierra Leone: experiment in democracy in an African country (New York: New York University Press, 1970), p. 7

41.Porter, op cit., P. 123

42. Blyden, op cit., P. 43

43. Collier, op cit., P. 7