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The Dilemma of the British in the Gold Coast, 1874-1944

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The Dilemma of the British in the Gold Coast, 1874-1944 City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 6-2016 Fallible Justice: The Dilemma of the British in the Gold Coast, 1874-1944 Neal M. Goldman Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1321 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] FALLIBLE JUSTICE: THE DILEMMA OF THE BRITISH IN THE GOLD COAST, 1874-1944 By NEAL M. GOLDMAN A dissertation submitted to the Graduate Faculty in History in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2016 © 2016 NEAL M. GOLDMAN All Rights Reserved -ii- Fallible Justice: The Dilemma of the British in the Gold Coast, 1874-1944 by Neal M. Goldman This manuscript has been read and accepted for the Graduate Faculty in History in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Date Professor Timothy Alborn Chair of Examining Committee Date Professor Andrew Robertson Executive Officer Supervisory Committee: Professor Simon Davis Professor Grace Davie Professor Randolph Trumbach Professor Helena Rosenblatt THE CITY UNIVERSITY OF NEW YORK -iii- ABSTRACT Fallible Justice: The Dilemma of the British in The Gold Coast, 1874-1944 By Neal M. Goldman Advisor: Timothy Alborn This dissertation studies the manner in which the British administered justice as a technique of colonial administration in one of its West African dependencies, the Gold Coast, during the first seventy years of formal colonial rule. In this study that covers the period from the creation of the Gold Coast Colony in 1874 to 1944, I argue that the British were caught between their honest desire to deliver prompt and fair justice to their Gold Coast subjects and their perceived need to support indigenous authorities through whom they wished to govern despite their recognition that those authorities were too often focused on fostering their own political and financial interests to the detriment of justice as the British defined it. They desired to preserve traditional courts and law in part to support those through whom they ruled while keeping to a minimum the costs of governing the colony. I also demonstrate, in the context of an old and relatively well developed non-settler colony, the inability of the colonial authorities to adhere to a consistent policy particularly when faced with concerted opposition from their subjects. This was the case more often than not in the Gold Coast despite the common assumption by colonial legal historians that the rule of law was one of the characteristics of British imperialism the colonized found least burdensome, -i- ACKNOWLEDGEMENTS It has often been said that no scholarly work exists apart from much that has gone before. That is certainly true of this dissertation, not merely because of the many works I have cited but because of the support shown me by teachers and colleagues at the City University of New York Graduate Center as well as the staff of the archives and libraries in the United States, Great Britain and Ghana whose assistance made my research so much fun for me. I must particularly thank Ms Helen Afi Gadzekpo, the recently retired director of the archives at the Ghanaian Public Records and Archives Administration Department in Accra who enabled me to obtain a visa and found an apartment within walking distance of the archives all without ever having spent more than five minutes with me during a chance meeting at the British National Archives in Kew. I must also acknowledge the assistance of my advisor, Professor Timothy Alborn whose patience I am sure that I tried almost to the breaking point on many occasions but whose criticisms and suggestions made this a far, far better work than had I been left to my own devices. As a proud father and grandfather, I must express my appreciation for the support Daniel, Jessica, Pristine and Michael have given me over the years along with the opportunity to spend so many happy hours with Rose, Hannah, Jesse and Sadie. Finally, to Karin, who was always there at critical junctures and not so critical points to offer love and encouragement. -- TABLE OF CONTENTS Page No. TABLE OF ABBREVIATIONS ............................................................................... ..... i CHAPTER I – INTRODUCTION................................................................................. 1 LAW AND COLONIALISM ................................................................... 8 JUDGES AND ADMINISTRATORS...................................................... 13 HISTORIOGRAPHY.............................................................................. 16 LAW AND CUSTOM................................................................... 16 ADMINISTRATIVE HISTORY..................................................... 2 NATIONALISM AND ECONOMIC DEVELOPMENT................... 2 SOURCES AND METHODOLOGY....................................................... 3 MAIN ARGUMENTS.............................................................................. 3 CHAPTER OUTLINE............................................................................. 38 CHAPTER II - BRITAIN IN THE GOLD COAST BEFORE CREATION OF THE COLONY: 1662-1874............................................................................. 4 THE EARLIEST DAYS........................................................................... 4 THE ARRIVAL OF CAPTAIN MACLEAN............................................... 58 THE ROLE OF BRITISH JUDGES AFTER MACLEAN’S DEATH......... 6 CONTRADICTORY BRITISH POLICIES LEADING UP TO THE -i- COLONY................................................................ 73 CREATION OF THE GOLD COAST COLONY...................................... 7 CHAPTER III - THE JUDGES – THEIR RECRUITMENT AND INDEPENDENCE.... 88 ORIGINS OF THE JUDGES: EDUCATION AND TRAINING OR LACK THEREOF.......................................................................................................... QUALIFICATIONS AND RECRUITMENT.......................................................... 9 HOW APPOINTMENTS WERE MADE ............................................................. WHO WERE THE JUDGES .............................................................................. 1 JUDICIAL INDEPENDENCE AND TENURE .....................................................11 AN INDEPENDENT BENCH: THE EXECUTIVE AND THE DISTRICT COMMISSIONERS AND JUDGES ...............................12 CHAPTER IV - SOME SIGNIFICANT JUDGES.......................................................... 13 WILLIAM BRANDFORD GRIFFITH, JR................................................. 1 DAVID P. CHALMERS............................................................................156 JOSEPH T. HUTCHINSON.................................................................... .158 PHILIP C. SMYLY................................................................................... 16 CHAPTER V - AFRICAN JUDGES...............................................................................1 AFRICAN JUDGES IN THE GOLD COAST COLONY............................17 GUGGISBERG’S EFFORTS TO APPOINT AFRICANS TO THE INFERIOR COURTS...............................................................................18 CHAPTER VI - BRITISH JURISDICTION: BUILDING A DUAL SYSTEM -ii- OF JUSTICE................................................................................................................. APPLICATION OF CUSTOMARY LAW................................................. THE REPUGNANCY DOCTRINE.......................................................... 20 DISTRICT COMMISSIONERS................................................................2 APPEALS IN THE GOLD COAST AND WEST AFRICA GENERALLY: A WEST AFRICAN COURT OF APPEALS............................................ 22 JUDICIAL REFORM IN THE 1930'S...................................................... 243 IMPRISONMENT FOR DEBT................................................................ 25 CHAPTER VII - NATIVE JURISDICTION - 1878 TO 1910: FIRST EFFORTS TO REGULATE NATIVE TRIBUNALS.............................................................................. 26 REGULATING NATIVE JURISDICTION BY LEGISLATION................. 268 THE 1883 NATIVE JURISDICTION ORDINANCE ............................... 27 AMENDING THE 1883 NATIVE JURISDICTION ORDINANCE............ 283 EARLY VERSIONS OF THE 1910 NATIVE JURISDICTION AMENDMENT ORDINANCE .................................................................3 CHAPTER VIII - NATIVE JURISDICTION – 1910 -1927: CHIEFS VERSUS COASTAL ELITES...................................................................................................... 32 LIFE UNDER THE 1910 ORDINANCE AND EFFORTS TO AMEND IT.............................................................................................. 326 THE NATIVE ADMINISTRATION ORDINANCE OF 1927 .................... 34 CHAPTER IX - NATIVE JURISDICTION - 1927 -1944: REFORMING TRADITIONAL COURTS............................................................................................ 35 -iii- INHERENT OR DERIVATIVE JURISDICTION ..................................... 36 CONTINUED DISSATISFACTION WITH THE WORKINGS OF THE NATIVE TRIBUNALS..............................................................
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