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British Land Legislation in the Gold Coast (1876-1897): a Threat to Native Institutions? Badra Lahouel

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British Land Legislation in the Gold Coast (1876-1897): a Threat to Native Institutions? Badra Lahouel British Land Legislation in the Gold Coast (1876-1897): A Threat to Native Institutions? Badra Lahouel To cite this version: Badra Lahouel. British Land Legislation in the Gold Coast (1876-1897): A Threat to Native Institu- tions?. Alizés : Revue angliciste de La Réunion, Faculté des Lettres et Sciences humaines (Université de La Réunion), 2011, Straddled Borders, pp.123-138. hal-02340739 HAL Id: hal-02340739 https://hal.univ-reunion.fr/hal-02340739 Submitted on 31 Oct 2019 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. BRITISH LAND LEGISLATION IN THE GOLD COAST (1876-1897): A THREAT TO NATIVE INSTITUTIONS? he system of land tenure in the Gold Coast was extremely complex. TEndorsing West African lawyers’ view, British officials singled out three main kinds: stool land, family land, and “private” land (Sarbah, Fanti Customary Laws 27; CO.96/247, Griffith to Ripon Conf., 29 Aug.1894). The first belonged to the ancestors and the traditional rulers acted as custodians of that common heritage (Busia 44). The second referred to the land ac- quired by inheritance, purchase, or awarded after a successful war. The third included the kinship group and the freed slaves who still shared the family’s life (Busia; C0.96/247, Griffith to Ripon Conf., 29 Aug. 1894, encl. 1). In most cases, land was inherited through the matrilineal line. In practice, however, males were preferred and women dropped their rights in favour of the next male successor and, therefore, patrilineal principles of inheritance were also acknowledged (Sarbah, Fanti Customary Laws 274). “Private” land in the Gold Coast context did not entail full rights as in Europe. On their plots, the individuals could grow crops but could not sell the land without the assent of the lineage. As specified by Sarbah: “absolute, unrestricted, ex- clusive ownership enabling the owner to do anything he likes with his im- moveable property is the exception” (62). Moreover, land held in severalty was doomed to revert to a state of joint tenancy in the next generation (Sar- bah, Fanti Customary Laws). This overview shows that the indivisibility of land and its inalienability were salient features of land ownership. In the southern states to which this monograph is limited, the latter seemed in jeopardy following the Fanti call for British protection against the Ashanti. To establish peace and order, Lieutenant Governor Hill made the kings sign the Bond of 6 March 1844 in which they acknowledged British power and ju- risdiction which had been formerly exercised by Maclean, the president of the council of merchants in Cape Coast. The withdrawal of the Dutch from the country in 1872, the collapse of the Fanti Confederation Movement by 1873 and the defeat of the Ashanti in 1874 encouraged the British to trans- form their settlements on the coast into the British Crown Colony of the Gold Coast in July 1874. (Boahen 34-43) 124 — British Land Legislation in the Gold Coast... Using their jurisdictional powers, the British enacted a Lands Bill in 1897. They claimed that their land policy aimed at protecting the natives against concession-mongers. Yet, the African elite looked upon the matter with a different eye. They suspected that the final goal of British legislation was the expropriation of their land and dreaded the disintegration of their tra- ditional institutions. As a result, the land issue raises several questions: what were the British real intentions? Did the African opponents resort to violence or to legal means to counteract British land policy and what motivated their choice? What were the social groups involved in that opposition, their inter- ests, and their relationship with one another? To fully appreciate the African reaction to the Lands Bill of 1897, it seems judicious to refer to the previous legislation: the Public Land Ordi- nance of 1876 and the Crown Lands Bill of 1894. Indeed, the African leaders constantly referred to these documents in their protest movements. For ex- ample, Casely Hayford suggested that “to understand the political movement of 1897, you must at least go back twenty-seven years in the political history of the Gold Coast” (172). It would be important, then, to analyse how far such a statement was pertinent. T HE PUBLIC LAND ORDINANCE OF 1876 Issued under Lieutenant Governor Lees, this ordinance purported to en- title the government to get land for public purposes (CO.96/358, Drayton to Antrobus 97, 6 March 1900). It also stipulated that a compensation would be granted to the owners of such land, except for “unoccupied land” which was defined as follows: Any land shall be deemed unoccupied where it is not proved that beneficial use thereof for cultivation or inhabitation or for collecting or storing water or for any industrial purpose... (CO.96/358, Drayton to Antrobus 97, 6 March 1900). The British expressed their intention to cause no hardship to the locals throughout the process. That concern is conveyed through the above defini- tion of “unoccupied land” whose main criterion was its lack of “beneficial use.” Furthermore, the latter were allowed to resort to a Court of Appeal to Badra Lahouel — 125 redress their grievances. (CO.96/358, Drayton to Antrobus 97, 6 March 1900) However, the Africans felt that the Ordinance impaired their land rights. They chiefly denounced the above concept of “unoccupied land,” later used in both the Lands Bills of 1894 and 1897. From their perspective, untilled land was simply allowed to stay fallow according to the traditional technique of shifting cultivation (CO.96/247, Griffith to Ripon Conf., 29 Aug. 1894, encl.1) and thus its taking over brought about real hardship (CO.96/358, Hodgson to Chamberlain 97, 6 March 1900). The people’s protests pushed the government to enact another land bill in 1894. THE LAND B ILL OF 1894 Prior to Griffith’s governorship under which the bill was passed, an in- creasing number of mining concessions had already been granted to Euro- pean prospectors (Dumett 67-68). Contemplating a market type of economy, Griffith proposed in 1889 to the Colonial Office (CO) a policy aiming at fos- tering European enterprise (Omosini 455). With this end in view, he charged J.T. Hutchinson with framing a new bill. The latter consciously collected information about the CO intentions and about the African system of land tenure in an attempt to find the difficult compromise to vest land in the Crown without encroaching upon Africans’ rights on it. His study of the system allowed him to set forth the following conclusions. First, land alienation could occur only under exceptional cir- cumstances such as to raise money to clear off a stool or a family debt, which was not the present case. Secondly, it was granted against a tribute and reverted to its former owner when it ceased to be occupied, whereas the government seemed to envisage perpetual rights. Thirdly, a traditional ruler could not grant it without his councillors’ prior assent and likewise, the head of a family could not sell it without the senior members’ approval. Fourthly, the Gold Coasters clung to land for economic and sentimental reasons and, therefore, its expropriation was likely to generate tensions (CO.96/247, Grif- fith to Ripon Conf., 29 Aug. 1894, encl.1). 126 — British Land Legislation in the Gold Coast... In Hutchinson’s opinion, the advantages to be gained from taking over land would be an increase in revenue from sales and leases and a benefit to the community from the creation of titles by the Crown. He remarked, however, that these advantages would be overshadowed by serious drawbacks. Land appropriation would undermine the traditional rulers’ influence and would generate a feeling of hostility against the government. To reconcile them to its loss, he suggested the allocation of a compensation. Moreover, the cre- ation of titles raised the problem of a costly survey. As a result, he proposed to target only forest land and minerals. Most natives, he wrongly assumed, did not view them as a source of profit. (CO.96/247, Griffith to Ripon Conf., 29 Aug. 1894, encl.1) In the Bill, not only forest land but also “waste land” and minerals were vested in the Crown. The concept of “waste land” was given the same meaning as the notion of unoccupied land in the Ordinance of 1876. The lo- cals would continue to uphold their former privileges of habitation, cultiva- tion, and exploitation of forests and minerals, but their rulers’ right to grant concessions was now subject to the governor’s approval, which was clearly a blow to their traditions. Under the terms of the bill, too, the grantee was bound to work the land conceded to him within a reasonable time and in a proper way, two vague conditions that were likely to entail antagonisms. In return, he could expect a title from the government. Concerning the existing grants, they were to be registered within six months. Finally, conflicting claims were to be settled by a Divisional Court (CO.96/247, Griffith to Ripon Conf., 29 Aug. 1894, encls. 5 & 6). The CO approved of the main lines of this draft. They thought it was high time to stop the anarchy caused by concession grants.
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