26/06/2023
THE GWANDU TREATIES
THE ST. JAMES'S GAZETTE.
TUESDAY, MARCH 15, 1898.
BRITISH RIGHTS IN WEST AFRICA.
THE WEST NIGERIAN TREATIES.
The Anglo-French agreements of 1889 and 1890 left the ownership of a considerable stretch of country in West Africa undetermined. The 1889 agreement fixed the boundaries as far north as the ninth parallel. The Say-Barru declaration left all Sokoto to Great Britain. Nothing was said as to how far west of the Niger Sokoto extended, and in France to-day it is one of the contentions that that empire is confined to the east of the river. There is direct evidence to show that in this country the phrase respecting the Say-Barru line, that it was to be "drawn in such a manner as to comprise in the sphere of action of the Niger Company all that fairly belongs to the kingdom of Sokoto," was not meant to exclude from the British sphere any countries south of the line not actually part of Sokoto, but to include in the British sphere any territory north of that line "fairly belonging to Sokoto." Lord Salisbury, speaking in the House of Lord on the 11th of August, 1890, said:-
The country to the south of the Mediterranean possessions of France is, of course, open to the action of the French Government, and according to the modern doctrine of Hinterland, the French Government would have a certain claim upon it; certainly, so far as I know, no other person has a claim. On the other hand, at the other end of the Continent the British Niger Company, which acts under a Royal Charter, has established a very flourishing dominion over a very fertile land, and its commercial enterprise is advancing with considerable rapidity. It seemed to us very desirable that some effort should be made to draw a line separating the two spheres of activity. It is consequently provided that a line should be drawn from a place called Say, which is at present the ultimate point of the influence of the Niger Company, on the River Niger, to another place north-west of Lake Tchad called Barruwa. But as the Niger Company has made no treaties with the great Empire of Bornu, it is expressly provided that the line should be drawn so as to place not only Sokoto, but all that fairly belongs to it within the zone of the Niger Company. That, of course, will necessitate the line being deflected somewhat to the north. The noble lord (Lord Aber- dare) who is chairman of the Niger Company, with whom I have been in constant communication, expresses himself well content with the arrange- ment to which we have come.
This position-that everything south of Say is British-has always been the contention of our Government; and when in the year 1895 Captain Toutée built a fort on the Niger below Say, he was, on the representation of Lord Rosebery, ordered to withdraw by the French Government, and the post is now occupied by the Niger Company's troops. However, as the western boundary of our territory north of the ninth parallel is admittedly undetermined, we rely, in addition to the 1890 agreement and the hinterland doctrine, on our treaties with the Kings of the Native States.
The Boussa Treaty.
We hold that we acquired the right to the countries north of the ninth parallel and south of Say-that is, the countries of Boussa, Borgu, Gando, and Gurma-by direct treaties dating from 1885, 1890, and 1894. Boussa was definitely brought within the British protectorate by the following treaty, dated the 20th of July, 1890:-
Treaty entered into between the Emir and Chiefs of Boussa (or Borgu) on behalf of themselves and their successors for ever and The Royal Niger Company Chartered and Limited hereinafter called The Company, on behalf of themselves their Successors and assigns. We the Emir and Chiefs of Boussa (or Borgu) in council assembled (representing our country, its dependencies and tributaries on both banks of the River Niger and as far back as our dominion extends in accordance with our laws and customs) do hereby agree on behalf of ourselves and of our successors for ever.
Firstly. To observe faithfully the agreement entered into between us and The Company (then known as the National African Company Limited) and dated the 12th day of November 1885.
Secondly. To grant to The Company full and absolute jurisdiction over all foreigners to our territories, that is to say over all persons within the territories who are not our native born subjects. Such jurisdiction shall include the right of protection of such foreigners, of taxation of such foreigners, and of political, criminal, and civil jurisdiction over such foreigners.
Thirdly. That we will not at any time whatever cede any of our territories to any other person, or State, or enter into any agreement treaty or arrangement with any foreign Government except through and with the consent of The Company or if the Company should at any time so desire with the consent of the Government of her Majesty the Queen of Great Britain and Ireland and Empress of India.
Fourthly. To place our territories if and when called upon to do so by the Company under the protection of the Flag of Great Britain.
And we the Royal Niger Company on behalf of ourselves our successors and assigns for ever hereby agree.
Firstly-To admit to the territories of Boussa (or Borgu) any foreigner who may desire to go there subject to such necessary restrictions as may be necessary in the interests of peace and order.
Secondly. To permit all such foreigners to trade freely, subject to the payment of such taxation as may be necessary for administrative purposes in Boussa (or Borgu) or for the general administration of The Company.
Thirdly. To do our utmost to promote the prosperity and wealth of Boussa (or Borgu) and to develop and open up that country and to do the utmost in our power to promote peace, order, and good government and the general progress of civilization.
Fourthly. To pay to the Emir of Boussa (or Borgu) a yearly sum of Fifty Bags, Native Value, in any class of goods to be taken at the market valua of the place where and when the payment is made.
For the Royal Niger Company Chartered and Limited.
(Sgd) WILL LISTER.
Signatures of the Emir and Chiefs. Done in Triplicate at Boussa this 20th day of January, 1890.
Mr. William Lister, the gentleman who negotiated this treaty, was a native of Birmingham, who, after studying medicine, went out to West Africa and joined the staff of the Royal Niger Company. He was an exceedingly able man, and for some years held the post of senior executive officer. Boussa is a country lying to the west of the Niger. The river forms its eastern limit, and on the south it bounds the country of Ilorin, which lies within the ninth parallel. Thus Boussa is the most northerly State on the western bank of the Niger in its navigable course from the sea. North of Boussa is the State of Gando, one of the principal feudatory States of Sokoto. As such the Niger Company claim it within their sphere of Einfluence, but to "make assurance doubly sure" they concluded separate treaties with the Sultan of Gando. The capital town of Gando is on the east of the Niger, but the Sultan of Gando's territory lies on both sides of the stream. This is the official view in England, as is shown by the words in italics in the following passage taken from a despatch written by Lord Salisbury in 1892, in which the Foreign Minister paid a generous tribute to the work of the Niger Company :-
The spirit and energy of the Royal Niger Company have, without the expenditure of Imperial funds, or the sacrifice of the life of a single British soldier, placed under the protection of the Crown the whole of the Lower, a great portion of the Central, Niger, and its affluent, the Benue, up to Yola. The Company has concluded treaties with the powerful Sultan of Sokoto, and with the Sultan of Gandu, whose power extends over vast terrilories on both sides of the Niger. On the rivers an effective administration has been established, and security is maintained by patrolling steamers and police.
The Gando Treaty.
In the treaty concluded in 1894 between the Sultan of Gando and Mr. William Wallace, the Agent-General of the Niger Company, the Sultan claims dominion over Gurma, a country whose western limits are even far beyond the meridian of Say. The following is a copy of the treaty-
In the name of the most Merciful God.. Treaty made on the 4th day of July 1894 between Omoru, Sultan of Gando on the one hand and Mr. Wallace on the other hand for and on behalf of the Royal Niger Company Chartered and Limited.
1. I the undersigned Omoru, Sultan of Gando hereby confirm the Treaties made between the Sultan Maleki whom I succeeded and Thomson and King on behalf of the Royal Niger Company, Chartered and Limited- the latter Treaty made on the day of April 1800. I now confirm these Treaties
2. With my own hand I bind myself with Wallace on behalf of The Company and accept this following Treaty made on the 4th day of July 1894-
3. With the view of bettering the condition of my people, and having considered and taken counsel with my Chiefs I give to The Company and their successors for ever full power and rights in perpetuity over foreigners in my country, whether travelling or resident, including right of just taxation as they may see fit. My Chiefs are in no way to interfere and are to recognize no one but The Company.
4. I give to The Company and their successors for ever all power in any part of my dominions as to mining rights.
5. The Company bind themselves not to exercise any monopoly of trade.
6. I recognize that The Company received their power from the Queen of Great Britain and that they are her Majesty's representatives to me. I will not recognize any other white nation because The Company are my help
7. I state that the country of Ilorin nd the country of Gurma are included in my dominions-the latter extending to Libtako,
8. The Company undertake not to interfere with the customs of the Musulmans but to maintain friendly relations.
9. In recognition of the Treaties between us The Company have paid me a subsidy of two thousand (2,000) bags, as hitherto annually for the past nine years. They have acted honourably towards me and as I should desire.
I hereby confirm the previous Treaties and accept this Treaty for myselt, for my heirs, and for my successors. No one after me is to alter this Treaty: it stands unchangeable for ever. (Sgd)
OMORU (Copy of Arabic signature)
4th July 1894.
Source- St James's Gazette, March 15, 1898, page 3