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Periodical article |
| Title: | Dutch 'irregular' jurisdiction on the 19th century Gold Coast |
| Author: | Baesjou, René |
| Year: | 1979 |
| Periodical: | African Perspectives |
| Issue: | 2 |
| Pages: | 21-66 |
| Language: | English |
| Geographic terms: | Ghana Netherlands |
| Subjects: | colonization conflict of laws |
| Abstract: | In the course of the nineteenth century several hundred cases, or palavers as they were called, were presented to the commanders of the Dutch forts on the Gold Coast. After a global description of the political situation in the so-called Dutch section of the nineteenth century Gold Coast and of the formal regulation of relations between the Dutch administration and the local African governments, a number of examples of the settlement by the Dutch of disputes between African parties are given to illustrate the extent to which their jurisdiction was acceptable to the Africans. By far the majority of cases concerned debts. Other categories of claims for which the Dutch were often requested to mediate included marriage, inheritance, and slaves. The Dutch saw the fact: that people living under their forts appealed to their jurisdiction as a recognition of their authority. The African local governments tried to involve the fort in their own power politics, and the African subjects considered the Dutch administration only as an extension of the amenities which their own legal system already provided and made use of the instable balance between the two judicial authorities. A translation of the contract which Governor Van der Eb made with Elmina in 1844 Is appended. Notes. |