(Inclosure 4.)-Treaty of Cession of Fiji to Great Britain. Ar a meeting held this day at the British Consulate, Levuka, Fiji, the parties present being William Thomas Pritchard, Esquire, Her Britannic Majesty's Consul for Fiji, Ebenezer Thakombua and his Chiefs representing the various districts of Fiji: It is hereby enacted and agreed to: ART. I. That the full, supreme, and entire jurisdiction over British subjects in Fiji, is hereby delegated and ceded to Victoria, Queen of Great Britain and Ireland, to hold, exercise, and enjoy such jurisdiction in manner and form as Her Majesty may deem most effectual. II. That British subjects shall have full and unrestricted right and liberty to engage in all legal and proper commercial transactions and trading operations in all Fiji, and may have factories and houses therein, and may hold lands; and every favour or privilege which may be granted or shown to the subjects or citizens of any other nation shall be equally granted and shown to British subjects. III. That in the event of any Chief or other Fijian making an agreement to take goods from a ship at a certain rate, such agreement, if the sum contracted for shall be 250 dollars or upwards to 500 dollars, shall be recorded in the archives of Her Majesty's Consulate, and shall be binding on all the parties thereto. IV. That should any merchant, trader, or vendor give trust to any Fijian over and above the sum of 500 dollars, such trust shall be at the risk of the merchant trader or vendor. V. That should any Fijian take trust within the limits of Article IV of this enactment or agreement from any merchant, trader, or vendor, and be unable to pay the debt, his house and property shall be sold by Her Majesty's Consul, after 14 clear days' notice; and the proceeds of the sale shall be applied towards the liquidation of the debt. VI. That should any British subject wrong a Fijian, or take trust from a Fijian, and be unable to pay the debt, the case shall be duly represented and referred to Her Majesty's Consul who shall take proceedings for the punishment of the offender according to British law, or to the local law, as the case may be. VII. That the ministers and teachers of the Christian religion shall be permitted to reside and exercise their calling in all Fiji, and full liberty and protection is hereby guaranteed to them; and any Fijian who may embrace the Christian faith shall not on that account, or on account of his teaching or exercise thereof, be molested or troubled in any manner whatsoever. VIII. That within a convenient distance of all the principal towns and ports of Fiji there shall be set apart a piece of land of suitable extent, for a burial-ground for all Christian persons; and the funerals and sepulchres of the dead shall not be disturbed in any way or upon any account whatever. IX. That no human beings shall at any time be sacrificed on account of religious or any other ceremonies, and cannibalism and infanticide shall altogether and for ever cease; and any person or persons who may hereafter be convicted of cannibalism or infanticide shall forfeit to the State all his or their property and land, and shall be made to labour on the public works. X. That the infringement of any of these Articles shall subject such offender to any punishment Her Majesty's Government may deem proper in the case. XI. That it shall be open to add or to substitute any Article or Articles of this enactment or agreement which may hereafter be deemed expedient or necessary. In witness whereof we have this 15th day of December, 1859, affixed our names hereto, as well as to a Fijian copy hereof, fully understanding the purport and force of the same. his THAKOMBAU, Vunivalu Tui Viti, and 19 Chiefs. mark. WILLIAM T. PRITCHARD, H.B.M. Consul. We hereby certify that we have translated the foregoing document to the Chiefs who have signed the same, and that they fully understand the meaning thereof. W. COLLIS, Wesleyan Training Master. (Inclosure 5.)-Consul Pritchard to the Secretary of State. MY LORD, Fiji, December 31, 1859. In the absence of native courts competent to hear causes wherein British subjects are litigants, I applied to the Chiefs of Fiji, when assembled in council on the 15th instant, for a commission authorizing the constitution of a court in this Consulate for that purpose. This commission I have the honour to transmit herewith, and if approved by your Lordship I beg for the necessary authority and instructions to rule the proceedings of the court, and for directions as to the reports to be forwarded to the Foreign Office. In the meantime, with your Lordship's permission, I shall endeavour, basing my action on the broad principles of justice, to satisfy the many complaints which are preferred before me, keeping a record of the particulars in the archives of this office. Lord J. Russell. I have, &c. WILLIAM T. PRITCHARD. (Inclosure 6.)—Commission authorizing the Constitution of a Consular December 15, 1859. Court. KNOW all men by these presents, that I, Thakombau, Vunivalu and Tui Viti, do hereby, in virtue of the enactments or agreements of 14th and 15th December, 1859, delegate and cede to and vest in William Thomas Pritchard, Esquire, Her Britannic Majesty's Consul in and for Fiji, full, all, and every power and authority, to form, constitute, and hold a court or courts for the hearing and adjudging of all cases or causes wherein British subjects, or their property or interests, are in any way affected or concerned; and to carry out enforce, and direct all and every judgment, finding, or decision of the said court. THAKOMBAU, Vunivalu his mark. Done at a meeting of the Chiefs this 15th day of December, 1859, in the British Consulate, Levuka. his THAKOMBAU, Vunivalu, mark. We hereby certify that the foregoing commission was duly translated by us, to Thakombau, who thoroughly understands the same, and signed in our presence. W. COLLIS, Wesleyan Training Master and Interpreter. (Inclosure 7.)-Consul Pritchard to the Secretary of State for Foreign Affairs. MY LORD, Fiji, December 31, 1859. I HAVE the honour to report that on the 16th inst. the Chiefs of Fiji, in council assembled, have unanimously and urgently requested me to assume the management of their political and commercial affairs; and that to give effect to their request the enclosed enactment has been passed. I transmit on this occasion a copy of the original document, as there are several Chiefs anxious to sign who were unable to attend on the 16th. In reply, I have informed the Chiefs that I cannot pledge myself to any action other than provisionally until your Lordship's pleasure be known. In all the native cases which have thus been brought before me, as well as the cases where foreigners have been concerned, the parties thereto have promptly submitted to my decisions. This tractable temper I attribute to the frequent visits of Her Majesty's ships; though, of course, as the white population increases, they will be more difficult to manage, and a permanent local force will become necessary. For the present, however, if it be possible for one of Her Majesty's vessels on the Australian station to visit this group at intervals not exceeding 6 months, and to remain 3 or 4 weeks, British influence and British interests will continue to preponderate; and while the general trade with the Australian colonies will rapidly increase, the production of cotton will be especially forwarded, the presence of the Commander adding weight to my representations on this subject. The foreign population has latterly increased so rapidly that the Chiefs feel their inability to control and guide their state affairs; and while they profess to be conscious that if abandoned to themselves they must inevitably sink under the weight of that foreign population, they conceive that if the political power be vested where there is ability and competence to manage and control the foreign element, they have still a fair prospect of maintaining their status socially and commercially, as well as politically. Hence, my Lord, the extreme and restless anxiety manifested by the Chiefs to place themselves under British rule. I have, therefore, to beg your Lordship's instructions in this matter. Lord J. Russell. WILL. T. PRITCHARD. (Inclosure 8.)-Power vested in British Consul to transact all Political and Commercial Affairs.-December 16, 1859. Ar a meeting held this day at the British Consulate, Levuka, Fiji, the parties present being William Thomas Pritchard, Esq., Her Britannic Majesty's Consul; Thakombau and his Chiefs representing Fiji. Being deemed expedient for the effectual protection of trade, for the development of Fiji, for the progress of civilization, and for the maintenance of amicable relations with all countries, it is hereby enacted and agreed to. I. That all transactions, communications, and intercourse of every nature soever between Fiji and all Foreign Powers shall be conducted solely through and by William Thomas Pritchard, Esq., Her Britannic Majesty's Consul for Fiji. II. That we hereby delegate, cede, and make over to, and vest in the said William Thomas Pritchard, the full, unreserved, entire, and supreme right, authority, and power to govern Fiji, according to the broad and plain principles of justice and morality; and to make, enact, and decree whatever and all laws, regulations, and measures he may deem necessary, proper, and expedient therefore, and to summon, convene, and assemble us and our Chiefs, each and all severally and personally, to appear and present ourselves at his office; and such meeting or assembly shall have the right, authority, and power to constitute itself into a council of advice and reference [1862-63. LIII.] H under the presidency of the said William Thomas Pritchard; and we hereby bind and pledge ourselves, and our Chiefs, and our people to obey all and every such summons. III. That all just and lawful acts which the said William Thomas Pritchard may perform or do, or cause to be done on or for our behalf and name, we hereby bind and pledge ourselves thereunto to acknowledge, obey, and support; and any and every contract, engagement, transaction, Treaty, or law the said William Thomas Pritchard may deem necessary, proper, and expedient for the benefit, progress, development, and civilization of Fiji, to do, make, enter into, perform, contract, or promulgate on or for our behalf and name, we hereby bind and pledge ourselves and our Chiefs, each and all, thereunto, as if we did severally and personally do, make, enter into, perform, contract, or promulgate the same. IV. That this enactment or agreement shall be in force and valid until the final answer of the Queen of Great Britain to the cession of Fiji made on the 12th day of October, 1858, and duly ratified and renewed by us in council assembled on the 14th day of December, 1859. In witness whereof we have hereunto affixed our names this 16th day of December, 1859. THAKOMBAU, Tuiti Fiti and Vunivalu KOROIK RAIVELITA, of Bureitu SESE THUALALA, of Nakorotubu RAMBITHI RABICI ROKOTUIDREKETI, of Rewa MATAULOKI, of Nandroga RANGATA, of Nakelo LILOMA, of Verata. SAMISONE, of Vewa ROKOTUI KIUVA, of Kiuva KOROIKAIYANUYANU, of Lakemba TUI BUA, of Bua BETE, of Mathuata and Vanua Levu TUI THAKAU, of Somosomo RETOVA, of Vanua Levu their IX X X X X X X X X X X X X X X X X X X marks. |