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Front Cover 1
Front Cover 2
Front Matter 1
Front Matter 2
Front Matter 3
Front Matter 4
Front Matter 5
Front Matter 6
Front Matter 7
Front Matter 8
Table of Contents
Map of Uganda
Imperatrix v. Juma and Urzee
What anthropologists are after
Back Cover 1
Back Cover 2
VOL. VII COER 99 N.02
pi peatrix v Juma
co n ra e ...... ......... 11 B, THoMAR, 0.13,FL
Ama aftor. ....... ....T..... .... y MATH.
1 IH-DSAIA &li,"L~mtd
KENYA and UGANDA
THE PLAYGROUND OF AFRICA.
The growing popularity of these young East African terri-
tories and their exceptional appeal to world experienced
tourists as well as to the more casual holiday maker, become
increasingly evident each year.
The tropical coastal belt, the vast plains inundated with
multitudes of game of all descriptions, the extensively settled
and cultivated highlands, the great African lakes and the
placid and colourful waters of the Nile comprise a variety of
attractions sufficient to satisfy the most exacting demands.
Let us send you free illustrated literature describing these
territories and the comfortable and modern travel facilities
afforded by the
KENYA AND UGANDA RAILWAYS AND HARBOURS.
The Kenya and Uganda Railways and Harbours, Nairobi, Kenya.
The London Representative, East African Railways and Harbours, Grand
Buildings, Trafalgar Square, London, W.C.2., England.
The Railways Representative, East African Office, 2, Maritime House, Loveday
Street, Johannesburg, South Africa.
THOSE. COOK AND SON LTD.
A GUIDE TO
THE SNAKES OF UGANDA
Capt. Charles R. S. Pitman, D.S.O., M.C.
Corresponding Member of the Zoological Society
Game Warden, Uganda.
The above work which appeared serially in Volumes III, IV and V of
the Uganda Journal is now on sale.
While the book is a complete guide to Uganda snakes, it also has a
much wider interest and importance, for it deals with species of snakes that
are found from the East to the West Coasts of Africa, and from the Sudan
to the Union of South Africa. It is, in fact, the most comprehensive and
authoritative work on African snakes that has yet been published.
Of the greatest value are the 23 splendid coloured plates which give a
complete and accurate pictorial record of the snakes of Uganda-some 80
species in all. Not only are the heads, lateral and ventral sections of adult
snakes shown,but the differences of colouring and markings of young snakes
are also depicted. The book is further illustrated by 18 plates of line draw-
ings, two diagrams and two maps.
Another feature which increases the usefulness of the book is its index-
or rather indexes. Of these there are three-an Index of Scientific Names,
an Index of Popular Names, and an Index of Vernacular Names. There is
also a List of Contents.
The Foreword has been contributed by Mr. H.W. Parker, Assistant Keep-
er of Zoology at the British Museum.
The edition is limited to 500 copies, each one of which is numbered.
Post Quarto. 362 pages, illustrated with 23 fine Coloured Plates,
18 Line Drawings, 2 Diagrams and 2 Maps. Half Bound
Published by THE UGANDA SOCIETY, KAMPALA, UGANDA,
from whom copies may be obtained.
VIII. CoMmittee 1939-40T~ posed by' Mr, Shaci6ll and seconded by Mr.
Hopkins that the following gentlemen nominated by the outgoing committee
should be elected en bloc to fill the remaining places on the Committee:
Mr. N. Godinho,
Mr. B. Mukasa,
Mr. S.W. Kulubya,
Dr. K.P. Wachsmann,
Mr. Steven Wright.
Mr. A.V. Elliott
The proposal was carried without dissent.
IX. Hon. Auditor. The Chairman expressed the thanks of the Society to Mr.
Hooper, Hon. Auditor, for his valuable services. As Mr. Hooper would be going
on leave he would be unable to continue in office. The Chairman proposed and
Mr. Shackell seconded the election of Mr. S.G. Marsh. This was carried.
X. There being no other business, Mr. Sykes now vacated the chair in favour
of the newly elected President, Mr. Brasnett.
Mr. Brasnett warmly thanked the Society for the honour they had done
him in electing him to the office of President. He referred then to the efficient
and hard work which Mr. Sykes had put ir on behalf of the Society during his
year of office, saying that Mr. Sykes had always had the' welfare of the Uganda
Society very much at heart, and proposed that a very hearty vote of thanks be
recorded to the retiring President. Mr. Jowitt seconded this and expressed the
thanks of the meeting to the retiring President and Officers of the past year. This
was carried with enthusiasm.
XI. The Chairman then declared the meeting closed.
A. W. Williams.
Annual General Meeting 1939.
Minutes of the Annual General Meeting held in- the Society's Room at
Kampala at 7.0 p.m. on Wednesday 30th August 1939.
There were present Mr. John Sykes, President, in the chair, and some
I. The minutes of the last general meeting (17.8.38) were read and confirmed.
II. The Committee's Annual Report for 1938-39, was read by the Honorary
Secretary. The Chairman reiterated the Society's thanks, expressed therein, to
Mr. Godinho for his generous gift in offering to furnish the room. He drew
attention also to the successful way in which business had been carried on by
voluntary effort during the year, without a paid business manager, and with a
consequent saving to the Society's funds; but pointed out the continuance of this
satisfactory state of affairs would depend upon the extent to which members
continue to be willing to offer their services when the present officers are no longer
On the proposal of Mr. Jowitt, seconded by Mr. Brasnett, the com-
mittee's Report was adopted "with gratitude and enthusiasm."
III. Printed copies of the Accounts and Balance Sheet were submitted, and a
number of points were explained by the Honorary Treasurer, who was able :o
show that the Society's financial affairs are in a very satisfactory state, there being
an excess of Revenue over Expenditure of more than 1,700 Shillings. Revenue
from members' subscriptions showed an increase over last year, and the cost of
producing Captain Pitman's book had been more than recovered, resulting in a
nett revenue from this source of over 400 Shillins,
of the Accounts and Balance Sheet, with a hearty vote oftT-haK s tone-nonual
Treasurer, was carried.
IV. Student Membership. The Chairman referred to Rule VIII (Special mem-
bers), and outlined the action taken by the Committee earlier in the year, in
admitting students of member institutions to a form of student membership entitl-
ing them to attend lecture meetings, for a subscription of two shillings for
the academic year. He asked the meeting for its approval of this action. This
was given by a show of hands.
V. Honorary Vice-Presidents. The Chairman proposed and Mr. Shackell
seconded, that the following gentlemen, who had all rendered special services to
the Society, should be elected Honorary Vice-Presidents, under Rule XV (e) Mr.
H.B. Thomas, Mr. E.F. Twining, Mr. S.W. Kulubya (Omuwanika of Buganda)
and the Omukama of Bunyoro. This was carried unanimously.
VI. President 1939-40. The Chairman, on behalf of the Committee proposed
that Mr. N.V. Brasnett, Conservator of Forests, be elected President. This was
seconded by Mr. Jowitt and carried unanimously.
VII. Officers 1939-40. The following gentlemen, nominated by the Commit-
tee, were proposed by the Chairman on its behalf:
Vice President: Capt. C.R.S. Pitman,
Honorary Editor: Mr. R.A. Snoxall,
Secretary: Dr. A.W. Williams,
Treasurer: Mr. Neville Lee,
Asst. Treasurer: Mr. C.R. Hall,
Librarian: Mr. R.S. Shackell.
In his proposal, the Chairman referred to the pleasure with which the
Society welcomed back Mr. Snbxall after his injury, now restored to full
activity; and to the offer of the retiring assistant Editor, Mr. G.H.E. Hopkins 1o
continue to assist the editorial work in an unofficial capacity.
The Brightest Spot
THE UGANDA SOCIETY.
D ate ........... ....... ... .. ... ... ..... 193 ...
To Barclays' Bank (D.C. and 0.) S S p
National Bank of India, Ltd. Single Sscrpton o1- per annum.
Standard Bank of S. A. Ltd. Double Subscription Is/- per annum.
at ................... .. . .... ..... ....
Please to pay to the creditof the accountof the Uganda Society, at National Bank of India, Ltd., Kampala,
thi sum of ...... ....... ......................... ....................Shillings; and the same sum on each successive
Ist July, and debit my account,
N am e..........................................................
............... . . . ............... ......... ............
......................................... .......................... (Usual Bank Signature)
(Name and Address in BLOCK LETTERS)
UG*RDAslUdTINQ & UBL'SAING 00, LTB.
THE ORGAN OF THE UGANDA SOCIETY.
Notes by THE HONORARY SECRETARY.
Imperatrix v Juma and Urzee. ...
What Anthropologists are After ...
The Were Leopard. ...
List of New and Rejoined Members.
by R. W. MALING.
by H. B. THOMAS, O.B.E.
S... Lucy MAIR.
His EXCELLENCY SIR PHILIP E. MITCHELL, K.C.M.G., M.l
N. V. BRASNETT, ESQ.,
JOHN SYKES, ESQ.,
SIR ALBERT R. COOK, KT., C.M.G.
H. R. HONE, ESQ., M.C., K.C.,
DR. H. H. HUNTER, C.B.E.,
H. JOWITT, ESQ.,
THE RT. REV. BISHOP E. MICHAUD, M.B.E.
CAPTAIN C. R. S. PITMAN, D.S.O., M.C.
E. J. WAYLAND, ESQ., C.B.E.
DR. L.D. AHMED.
NORMAN GODINHO, ESQ., M.B.E.
MR. S.W. KULUBYA.
MR. STEVEN WRIGHT.
MR. B. J. MUKASA.
OMw. B. K. MULYANTI.
MR. A. V. ELLIOTT.
DR. K. P. WACHSMANN.
DR. A.W. WILLIAMS.
W. N. R. LEE, ESQ.,
Assistant Honorary Treasuret
C.R. HALL, ESQ.
R.A. SNOXALL, ESQ.,
R. S. SHACKELL, ESQ.
Private Post Bag,
Please note that my address for the time being is as
and is likely to remain so for the next ................months.
NAME (in block letters) M
Only a few months after one Editor of the Journal had been flown to England
for hospital treatment it became our duty to condole with the successor who has
recently been taken off also by air on sick leave. We all wish Mr. Potts a speedy
restoration to complete health and appreciate the effort it must have cost him
while not feeling really fit, and in between most frequent visits to Kampala
hospital, to carry on as Honorary Editor of this Journal.
This is the first war-time number of the Uganda Journal, and as such is not
unnaturally late in appearing. We hope that members will overlook this late ap-
pearance and will 'be indulgent to other alterations which may
have as a result of changed conditions to be made. We may be forced during
time of war to reduce the size of each number as well as the number of issues
per annum. We sincerely trust that this course may not prove necessary, but con-
sider it just as well to warn members now of the situation which may rise, both
from the great increase of urgent work which has fallen upon our printers, and
from the departure on special service of contributors, as well as from the extra
work which others may have been called upon to perform in addition to their
The Uganda Society has sustained a sad loss since the publication of the last
number of the Journal in the sudden death of Allan J. Lush, whose authoritative
and interesting article on "Kiganda Drums" was one of the features of Volume
III Number I. He never failed to show great interest in the Society and to popu-
larise the Journal amongst all sections of the community with whom his touring
duties brought him into frequent touch.
We are indebted to our tireless Honorary Secretary for a full list of lecture
notices and information on other aspects of the Society's business which will be
found elsewhere in this number. It will be seen from the Minutes of the Annual
General Meeting, which have been printed as a separate leaflet, that members
were able to meet in the Society's own premises and this we feel certain gave a
real proprietary interest and a satisfaction in the feeling of membership heightened
by the most encouraging picture of the year's workings painted by both the
Honorary Secretary and Honorary Treasurer in their reports.
No Editorial appears to be complete without some allusion to the amount
(generally the lack) of contributions in hand for future publication. Up to a point
our predecessor seems to have met with a gratifying response but it is as well
to remember, for the reasons advanced earlier in this Editorial, that a constant
supply of contributions will be' most thankfully received.
By THE HONORARY SECRETARY
On Wednesday July 19th the Rev. Clifford H. Smith lectured on "Shake-
spearean Tragedy and its application to the Life of to-day." The Lecturer show-
ed how many of the ills afflicting modern life are pictured in Shakespeare. He
cited Aristotle's definition of tragedy, and its aim the purging of the passions
by "moving to fear and pity." He questioned whether Shakepeare, if he lived to-
day and wielded a modern pen, would not think our civilisation too far gone to be
touched by the emotions of fear and pity and so moved to change its way of life.
He might think with Shaw that humanity ought to be laughed out of its madness
and stung to new paths by ridicule.
We hope that it will be possible to hold a number of lecture meetings this
year, in spite of war conditions, but our programme has necessarily had to be
curtailed as some of those who had promised to lecture are now no longer free
to do so. In future lecture notices will be posted only to members known to the
secretary be be living in Kampala or near by, unless by special request. Will any
local member who fails to receive notices please notify the Honorary Secretary
of his address.
The Annual General Meeting was held in our own premises on Wednesday
30th August. In spite of the critical period there were some thirty members pre-
sent. The meeting confirmed the action taken by the committee in introducing
student membership. Mr. H.B. Thomas, Mr. E.F. Twining, Mr. S.W. Kulubya,
Omuwanika of Buganda, and R.A. the Mukama of Bunyoro were elected Hono-
rary Vice-Presidents, in recognition of the special services they have each rendered
to the Society.
Mr. N.V. Brasnett was elected President for the year 1939-40, and Captain
C.R.S. Pitman Vice-President. A very hearty vote of thanks to Mr. John Sykes,
the retiring President was recorded.
A copy of the accounts and balance sheet and the committee's report for the
year appears with this number of the Journal.
Mr. Wayland, one of our oldest members and a former President of the Socie-
ty, has returned to this country to complete some of his researches into Uganda
prehistory, and has been accompanied byProfessor van Riet Lowe of Witwaters-
rand University. During August the Uganda Society had the privilege of exhibiting
in Kampala part of the collection of stone-age implements which they have made
in Uganda. The European Junior School was very kindly placed at our disposal
by the Director of Education, and the exhibition opened on Wednesday evening
16th August with a lecture demonstration by Professor Lowe, which was attended
by a crowded audience.
The material exhibited ranged from very primitive chipped pebbles not un-
like the Darmsden tools found in EastAnglia to fine examples of flaked hand-
axes and barbed arrow heads. Much of the material had been obtained from the
Kafu valley and from the terraces above the Kagera river. Some polished hand-
axes found not far beyond the Protectorate border, in Kenya and the Belgian Con-
go, were also shown.
Among the flaked hand-axes were some fine straight edged specimens very
similar in shape to those of the Abevillian and Acheulian cultures found in
France. Although of different material, which must have been difficult to work,
they exhibited a degree of craftsmanship equal to that of the corresponding Euro-
pean cultures. Professor Lowe and Mr. Wayland believe the pebble tools of the
"Kafuan" type to be amongst the oldest and most primitive yet found in the world
and their discovery indicates the possibility that primitive man in Uganda had ad-
vanced sufficiently a million years ago to be able to make and use stone tools.
A series of interesting photographs, maps and diagrams were exhibited,
among them a river map which showed in most convincing fashion how several
of Uganda's main rivers ran at one time in precisely the opposite direction to that
in which they now flow!
The Exhibition was open during the three days following Professor Lowe's
lecture, with Mr. Wayland or Professor Lowe in attendance each day. It is diffi-
cult to disabuse the man-in-the-street of his conviction that anything to do with
geology or prehistory is bound to be dull and abstruse. It is therefore perhaps not
surprising that few people, except on the first night, took advantage of this op-
portunity to see what amounted to a bird's eye view of nearly a million years of
man's progress in the Uganda countryside; this was the more disappointing in that
experts were at hand during the whole exhibition, both of whom posses in un-
usual degree the gift of making the mysteries of their subject understandable and
even fascinating to the layman.
The Society should indeed be grateful that scientists of world repute should
have allowed us the honour of exhibiting their material, and given us in Uganda
a "private view" of their discoveries which are undoubtedly of enormous import-
ance to the science of prehistory.
A notice of this exhibition appeared in the Daily Telegraph of August 28th.
Reviews of "A Guide to the Snakes of Uganda" continue to appear in the
scientific and medical periodicals. These are without exception favourable and
enthusiastic. In the opinion of one reviewer "surely......one of the most beautiful
books which has ever been published in East Africa."
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IMPERATRIX V. JUMA AND URZEE.
By H.B. THOMAS, O.B.E.
Glib cynics frequentlypoint to the extent of British influence in Africa as
the fruit of a sustained programme of imperial aggressiveness. Such an inference
could hardly be further from the truth. Apart from a limp recognition of the
centuries-old trading contacts with West Africa, England's only substantial concern
with tropical Africa for the greater part of the nineteenth century, was centred
upon the suppression of the slave trade-described by Lecky the historian as
"among the three or four perfectly virtuous acts recorded in the history of
nations". England pursued this task almost single-handed-for there were
few sincere collaborators-and on it expended a vast treasure.
But there could hardly be a greater contrast than that between the almost
religious fervour with which successive British Governments sought to suppress
the slave trade, and their struggles to avoid political and territorial entangle-
ments in Africa. In general it may be said that, to the governments of Victo-
rian England, a penny off the income tax was of far greater moment than an
empire in Africa; and when, now here now there, the enterprise of a few
pioneers compelled reluctant Governments to take action on behalf of British
interests, assistance was invariably measured by parsimony and by the aim,
before all, to limit the Government's commitments.
Thus from the official view-point there was a special attraction in the notion
of a Protectorate, which might be expected to run itself with a minimum of cost
and responsibility; and even more in the conception of a Sphere of Influence
which could, it was hoped, be completely neglected, with the assurance that
other powers would not intrude.
A vast region in Eastern Africa fell within the British Sphere of Influence
as a result of the Anglo-German Agreement of 1890. The British Government
was ready enough to allow the Imperial British East Africa Company to risk its
resources in the pacification of the far interior where, in Uganda, small bands of
missionaries had, for some years, been established. When the Company was
compelled by lack of funds to withdraw from Uganda, the British Government's
first impulse was to abandon the whole territory to its own devices; and when
public clamour induced a reversal of this decision, an utterly unwilling Govern-
ment sought the cheapest way out. After a long delay a Protectorate was
formally declared, on 18th June 1894, but over Buganda only; while Busoga,
Bunyoro, Toro and Ankole, to say nothing of the almost unknown territories to
the north were left vaguely to form part of the British Sphere of Influence.
Yet at that moment, following Colonel Colvile's expedition of January 1894
against Kabarega of Bunyoro, garrisons were established in the whole of the
region to the west of Buganda from Katwe to Kibiro.
Nothing delighted Mr. Labouchere M.P. more than to put awkward questions
to the Government of the day, and such an anomalous situation did not escape
his notice. On 18th February 1895, he asked the Under Secretary of State for
Foreign Affairs in the House of Commons:
"Whether H.M's Administrator in Uganda is now administrating that portion
of Unyoro which is now held by H.M's forces".
"What are the terms which have been submitted to the chief of Unyoro as
conditions of withdrawal, and which he has declined to accept."
"And whether H.M's Administrator is in possession of instructions as to the
frontiers of the territory over which a British Protectorate has been established;
and whether, if so, they include any portion of Unyoro."
The answer displays that inscrutability which in recent years became familiar in
parliamentary replies on the subject of German Colonial claims.
"Unyoro", said the reply "was not being administered by the British Com-
missioner in Uganda; the chief of Unyoro was not asked to withdraw at all; and
the operations undertaken there have been to prevent raids on Uganda. The
frontiers of the Protectorate do not include any portion of Unyoro."
But as is so often the case the situation took command of the Government
and not the Government of the situation. A fortnight after Mr. Labouchere
received his reply, Captain Dunning was mortally wounded at the attack on
Kabarega's position opposite Kajumbura Island below Masindi Port (March 2nd)
and it was established that Arab traders coming by way of German East
Africa were at Kabarega's side during the engagement. Mr. F. J. Jackson, the
Acting Commissioner, was now satisfied that Kabarega was receiving regular
supplies of arms and gun-powder from Arab and Baziba caravans which, making
their way through the wilds of Bwera and Buyaga, slipped past the garrison of
Hoima, to join Kabarega in Acholiland.
Accordingly Mr. F.J. Foaker (') of the Uganda Administration was detailed to
established an outpost near the main route used by the Arabs, and during May
1895 Fort Nakabimba (Fort Roddy) was built. (2) He had not long to wait
for a sign of the smugglers, for, on 20th May, a patrol was fired on by a large
Arab caravan which was moving away northwards from the opposite bank of
the Muzizi. The dimensions and audacity of the traffic were now apparent and,
on 16th June, Lieut. Seymour Vandeleur (Scots Guards) with a force of 250
Sudanese and irregulars set off from Hoima in a south-westerly direction to
penetrate the almost unknown region between Hoima and Fort Nakabimba.
(1) Joined I.B.E.A. Company's service 1889; later a District Commissioner in Kenya;
died 19th August 1912.
(2) The remains can still be traced on a knoll to the south of the Muzizi River
about io miles due north of Kyegegwe Rest Camp, Mile 134, Kampala-Toro Road.
Having crossed the Kafu river, they came unexpectedly, on 20th June, upon
a considerable Arab station (3) snugly concealed in what must be one of the
most secluded corners of the country. With bugles blowing and a wild hurroosh
the Sudanese dashed in, and the place was soon in their possession. They found
a number of comfortable houses built in Swahili fashion, the largest being that of
the leading merchant Khalfan, who had been established here for nearly two
years. He and his fellow Arabs however escaped, but a large booty of bales of
cloth, silks, cowries, ivory, guns, percussion caps and 33 kegs of gun-powder
was captured with a number of slaves, cattle and donkeys (4)
On 23rd June Vandeleur reached Nakabimba to find Foaker and, a brother-
officer, Capt. Pulteney (now Lieut.-General Sir William Pulteney, Gentleman
Usher of the Black Rod to the House of Lords). Two days later Vandeleur
and Pulteney started to return to Mwenda's, and marching westwards crossed
the Muzizi about 10 miles below Fort Nakabimba. The choice of this western
route had an unexpected result. On 26th June, when still south-west of Mwenda's,
scouts reported the approach of a caravan.
The column deployed in the surrounding elephant grass, and, into the arms
of the delighted Sudanese soldiers walked two Arabs, Juma bin Fakir and Mzee
bin Suleman, who were immediately secured with most of their followers and
loads. They had chosen this very track to make their way out of Unyoro,
confident that they would thus avoid any collision with the British forces.
For the Arabs the game was now up. During the next few weeks, the
ringleader, Khalfan, collected his effects and giving Fort Nakabimba a wide
berth made for the Arab headquarters at Kitengule (in German territory, not far
from the Kyaka ferry of the Kagera River) Captain Pulteney at Fort Naka-
bimba got word of his retreat and on the night of 24th July came upon the rear
of his caravan somewhere in the wastes of southern Kyaka. Khalfan, however,
escaped but with the loss of most of his goods. It is doubtful if any further
Arab traders ever attempted to reach Kabarega.
Juma and Mzee were in due course brought to Kampala, and, in October,
1895, they were tried by Mr. Ernest Berkeley, who had recently returned to
Uganda as the first substantive Commissioner. Both were found guilty of
contraband trade in arms and ammunition, and the latter also of slave trading,
and they were sentenced respectively to 2 years and 3 years imprisonment with
hard labour. The trial was conducted under the provisions of the Africa Order
in Council, 1889, which required that any sentence of imprisonment in excess of
12 months should be submitted for review to the prescribed Court of Appeal
-the High Court at Bombay.
(3) Known as Mwenda's. The site may reasonably be identified with some earthworks
situated about 2 miles south-east of Luwunga, the Gombolola headquarters of the Saba-
wali of Buyaga, say in latitude To 041' north, longitude 31 05' east.
(4) A number of Arabic letters were also taken: these are now among the achives
of the Secretariat at Entebbe, and might prove an interesting study.
The papers were duly transmitted to Bombay, and judgement on the first
reference was delivered on 17th March 1896. The Court did not fail to sense
the anomolous status of that portion of the British sphere which fell outside the
Protectorate and referred back to Mr. Berkeley for further information. It may
be that this circumstance at last brought the Home Government to face the
realities of the situation, for, with the elements of a civil administration already
operating in Nandi, Kavirondo, Busoga, Bunyoro and Toro, it was farcical to pre-
tend that the Commissioner of Uganda was confining his administration to the
Protectorate area in Buganda. In the London Gazette of 3rd July 1896 it was
notified that, on 30th June 1896, Unyoro, and the part of the British sphere of
influence lying to the west of Uganda and Unyoro, were placed within the limits
of the Uganda Protectorate, which Protectorate was at the same time declared
to include also Usoga, and the other territories to the east under the adminis-
tration of H.M's Commissioner and Consul General for the Protectorate.
Mr. Berkeley's replies failed to remove the doubts of the High Court at
Bombay, when the case came on again on 14th January 1897. The sentences of
Juma and Mozee were cancelled and it was ordered that they be set at liberty.
The case of Imperatrix v. Juma and Urzee is fully reported in Volume
XXII (1898), Indian Law Reports (Bombay Series) pages 54-83. The interim
and final judgements are reprinted below for they are of great interest as witness-
ing at once the majesty of the law and the almost complete ignorance of Uganda
which prevailed outside East Africa little more than 40 years ago. (5)
Criminal Reference No. 27 of 1896.-IMPERATRIX vs. JUMA BIN FAKIR AND
URZEE BIN SULLEMAN.
Uganda--Consular Court-Jurisdiction-Jurisdiction of Consular Court over
persons not resident within a British Protectorate-Aiding the waging of war
against a friendly power-Africa Orders in Council, 1889, 1892, 1893.
Two natives of a German Protectorate were convicted by the English
Consular Court of Uganda of aiding and abetting the King of Unyoro in waging
war against the King of Uganda and the Queen-Empress under sections 48 and
50 of the Africa Order in Council of 1889 as supplemented by the Orders of
Council of 1892 and 1893. One of them was also convicted of slave-dealing.
Held, that the English Consular Court had no jurisdiction, inasmuch as the
accused, even if subjects of a Signatory Power (to the General Act of the Confer-
ence of Berlin, 1885), were not resident and their offences were not committed
within a British Protectorate.
Held, also, that the alleged fact that the locus in quo was in British Mili-
tary occupation gave no jurisdiction to the Consular Court.
Coram Jardine and Ranade J. J.
(5) The legal arguments are set out in detail in the report, but being largely incorporat-
ed in the judgments, are not here reproduced.
Per Curiam.-- Until this record came from Uganda, this Court had no notice of its
jurisdiction in such cases, as it is not supplied with the "London Gazette" in which the
Africa Orders in Council appear. A copy oi those Orders of 1892 and 1893 was procured
and placed with the record at the disposal of the learned Advocate General, who at our
suggestion to the Government of Bombay, appeared for the Crown, and of Mr. Young,
who, at the invitation of the Bench, appeared as amicus curie, using his learning and
industry on behalf of the convicted persons. We have thus had the advantage of full
argument. The Bench has been much aided by the learned counsel and by the industry
of the learned pleaders, who have procured such information about the Uganda region as
the libraries of this city afford.
2. The two prisoners were convicted and sentenced on the 15th October, 1895, at
Kampala by Mr. Ernest Berkeley, H.M.'s Commissioner and Consul-General for Uganda.
For the purposes of the Africa Order in Council, 1889, Lord Salisbury constituted, by
instructions dated the 31st July, 1891, a local jurisdiction as follows:-
The British sphere on the East Coast of Africa, exclusive of the dominions of His
Highness the Sultan of Zanzibar.
Those instructions also give effect to Article 21 of the Order of 1889, by constitut-
ing this High Court the Court of Appeal from that local jurisdiction.
H. M.'s Commissioner and Consul-General has submitted the case to this Court for
review under Articles 74 and 75 of the Order, which are as follows:-
"74. A Secretary of State may remit or commute in whole, or in part any sentence
of a Consular Court.
In every case of sentence of death the minutes of the trial shall be transmitted to a
Secretary of State, and the sentence shall not be carried into effect until confirmed by
When a Consular Court sentences a person to imprisonment exceeding twelve months
or fine exceeding 1Too, or in any other case, if a Secretary of State by any general or
particular instruction so directs, the sentence shall be submitted to the prescribed Court
of Appeal for review in the manner hereafter in this order prescribed.
75 When a sentence is under the order submitted for review, the Consular Court
shall transmit the minutes of the case, with such observations as the Consul thinks
necessary, and the Court of Appeal shall return the minutes with such instructions as
they think fit to give, either as to findings of fact, or as to law, or as to mitigation of
sentence; and the Consular Court shall give effect to such instructions.
Pending the review of a sentence the Consular Court may suspend the execution of
the sentence, but is not obliged so to do unless so directed by the Court to whom the
case is submitted, or by a Secretary of State. In either case the Consular Court may
(unless otherwise directed) take such security by way of bail or otherwise, and if neces-
sary by commitment to prison for safe custody, as it thinks necessary for submission
to the ultimate sentence."
3. The statement made by so high an officer as H.M.'s Commissioner and Consul-
General is sufficient for our taking judicial notice under Section 57 of the Indian Evidence
Act of the existence of hostilities between Kabarega, the King of Unyoro, and Her
Majesty the Queen, and the Protected State of Uganda. This was not seriously contested,
and we follow the spirit of English decisions. (The King vs. De Berenger, 3 M. and S.,
67), (Thelluson vs. Cosling, 4 Esp., 266). (Bradley vs. Arthur, 4 B. and C., 304). The
Court also takes notice that Uganda is a Protectorate under Great Britain, and that the
country called Unyoro is within the British sphere, being east of the 3oth degree of
longitude. The Court has referred for the history and geography of the region to such
works as the learned counsel and pleaders have produced, viz. The Rise of our East
African Empire, by Captain F. D. Lugard. The Mission to Uganda, by Sir G. Portal. In
Darkest Africa, by H. M. Stanley. "The Nineteenth Century", July 1894, for the Parti-
tion of Africa, by A. Silva White. The various maps in these works have been consulted.
4. The Commissioner and Consul-General finds on the facts that "both accused were
engaged in running powder to Unyoro, knowing the trade in powder to be illegal, and
further knowing that Kabarega was in open warfare with Uganda and the Protecting
Power." On this finding both were convicted under Articles 48 and 50 of the Orders of
1889. The judgment goes on: "Urzee bin Suleiman has, moreover, confessed to buying
slaves in Unyoro." This prisoner is convicted of slave-trading. We are not inclined
to differ with the findings on facts as above quoted. But with regard to Article 48, we
think it necessary to obtain from the Court below a further statement whether it
considered that the importation of gunpowder was for the purpose of aiding the King or
people of Unyoro in making war against Uganda and Her Majesty, or for pacific purposes
of trade. This further statement should be accompanied by reasons. As regards Article
50 the Court also desires further information as to the form of the prohibition of import
or smuggling of gunpowder and the authority which prohibited.
5. As to the conviction for slave-trading, we notice that no Act of Parliament or other
enactment or Article of Order in Council or Treaty is quoted as the law which has been
broken. As Article 13 applies the procedure of the Justices of the Peace and the
Superior Courts of England, and Section 54 of the Part C. of the Schedule annexed to the
Order in Council refers to the law, we are of opinion that the Statute, Order, Regula-
tion, or Treaty should be specified in the charge and the judgment. By Africa Order in
Council, 1892, a Secretary of State may introduce Indian Laws; and we do not know
whether he has done so or not, or into what parts of the local jurisdiction. Mr. Young
has contended that the facts found do not 'justify a conviction under either the Indian
Penal Code, Sections 370 and 371, or the Acts of Parliament 5 Geo. 4, C. 113, and 9 and
io Vict, C. 4. (See, too, 39 and 40 Vict, C. 46). We are unable, until we know what
laws are in force, to apply them to the facts found. We must, therefore, ask the Court
below to certify under what Statute, Act, Regulation, or Order the conviction was
passed: and whether it had been applied to Unyoro, where the purchase of the slaves is
found to have occurred.
6. An important question of jurisdiction has been raised by Mr. Young, who contends
that the only recorded evidence on the point, i.e., the statements of the prisoners them-
selves, treated as testimony under Section 72 of Part C. of the Schedule to the Order in
Council 1889, shows that they are both subjects of Germany, one of the Signatory
Powers to the Conference of Berlin signed in 1885, and, therefore, not British subjects
as that phrase is used in the Order of 1889, nor such foreigners as are made liable to the
local jurisdiction in Art. o1, Clauses 3 and 4. He contended that the Africa Order in
Council, 1892, although it makes "foreigners to whom this Order applies", like the
prisoners, justiciable under the Orders in like manner as British subjects, extends only
to the area of the Protectorate viz., that of Uganda, and not to another area like Unyoro,
outside that Protectorate, although within the British sphere. This, he says, appears from
the terms of Art. 2 of the Order of 1892, on which Order he commented as follows:- As
regards Clause i of the Preamble, Unyoro is not under the Queen's protection, but is a king-
dom with which we are waging war and employing against it a force of 20,000 men-
vide an official despatch in the "Times" newspaper of the 20th February, 1896. The
books already referred to show that Kabarega is a powerful king. The convictions for
acts done in Unyoro are bad, as Unyoro is outside the British Protectorate, and the
same question is raised as in the case appealed for decision of the Secretary of State from
the Niger Territories, mentioned by Mr. Hall in his Treatise on the Foreign Powers and
Jurisdiction of the British Crown, p. 217. As to Clause 3 of the Preamble, Mr. Young
urged that it deals only with territories that Her Majesty has declared to be under her
protection; and no such declaration by the Queen is produced or alleged ever to have been
made as to Unyoro. There is nothing whatever to show that either of the prisoners is a
resident either in the Protectorate of Uganda or in the British sphere outside; and they
being foreigners, not brought under the Order of 1892, their case must be dealt with under
the Order of 1889, which does not make them British subjects within its meaning. Hence
Art. 48, which in terms applies only to British subjects, does not apply to them. If they
are justiciable in like manner as British subjects, the supply of arms to an enemy power
might be treason or misprision of treason, even if done in the enemy's country. (I
East Pleas of the Crown, pages 52-53. 2 Stephen's Hist. Crim. Law 14). The fact that
the Court below framed no such charge shows that it did not hold the prisoners to be
under the same obligations as British subjects. This is Mr. Young's argument.
7. The Advocate-General agrees that to British subjects the English law of treason
,nay apply if they furnish arms to the enemy. (Foster's Crown Law, 217; I Hawkins
P. C., page 12); but that Article 48 of the Order in Council 1889 also applies. He meets
Mr. Young's argument with a suggestion that the offence defined by Article 48, being one
against the Protected State of Uganda and the Protecting Power must be treated as one of
which an abetment is legally possible, when the act of abetment is done outside the Pro-
tectorate but within the British sphere and the local jurisdiction of the Consular Court.
A similar question on the Indian Penal Code arose in Queen Empress vs. Ganpatrao
Ramehandra, (Indian Law Report 19 Bombay, 113). The Advocate-General has also
brought to nonce that one of the maps in Captain Lugard's book shows that the part of
Unyr.ro where the acts occurred, and which, we believe, is the region of the River Msizi,
scuth of Lake Albert Nyanza, is under a somewhat permanent British military occupation,
as the existence of British forts shows: and that the present record discloses that the
region is held by bodies of troops under the orders of military officers holding Her
Majesty's Commission, and acting under Her commands. The fact of this occupation may
be relevant to the present case; but as this Court has no clear knowledge of either the
nature of the occupation, its territorial extent, its permanency, or the recognition given to
it by Her Majesty's Commissioner and Consul-General, or Her Majesty's Secretary of State,
it is not at present necessary to deal with the perplexing questions on which jurists differ
and on which we find little judicial authority, questions discussed by Mr. Hall in the
Chapter on Military Occupation in his Treatise on International Law.
8. This Court is in ignorance of the Treaties or Conventions which may exist between
Her Majesty and Unyoro or between Her Majesty and other Sovereigns about Unyoro. We
have not been able to procure any copy of the Act of the Conference of Berlin of 1885, or of
the Act of the Brussels Conference of 1891. We have referred to extracts from these Acts in
Hall on Foreign Jurisdiction and in Captain Lugard's second volume, page 574. Both the
learned Counsel have framed their arguments with reference to what is said in Hall's
Foreign Jurisdiction as to the difference of Her Majesty's exercise of jurisdiction in what
is merely a "sphere of influence" and what has been formally made a Protectorate.
9. We think that before we determine this question of jurisdiction, the Court ought to
be more fully informed by Her Majesty's Commissioner and Consul-General on several
points. His judgment records shortly as follows:- "Both accused are amenable to the
jurisdiction of this Court in virtue of the African Order in Council, 1892". But as this is
the point which awaits our judicial decision, we desire to know what territory the prisoners
belong to, and whether they are subjects to any Signatory or other Power, or subjects of
Her Majesty or of any territory under Her Majesty's protection or influence. It has been
contended that neither of them is even a deaizen in the British sphere.
o1. As no declaration of Her Majesty has been shewn us, and none is suggested in
the proceedings of the Court below, erecting the country of Unyoro, where the offences
are laid, into a Protectorate, or including it within the Protectorate of Uganda declared by
Her Majesty on the 19th June 1894, we feel it necessary to ask information from H.M.'s
Commissioner and Consul-General as to whether this country of Unyoro has been included
in a Protectorate and, if so, when and how? There are some indications to the contrary;
and it may be surmised that the military occupation evidenced by forts and soldiers is
not only for the purposes of the actual war, but also for the purposes of Her Majesty fulfilling
the obligations of the Conferences of Berlin, t885, and of Brussels, 1891. The country
being within the British sphere is within the local jurisdiction of the Consular Court. But
it being apparently outside the Protectorate so often mentioned in the Africa Order in
Council of 1892, it is necessary for this Court to be informed whether Her Majesty has,
and by what means, made foreigners, to whom that order applies, justiciable by the Con-
sular Court for acts done in Unyoro. It is conceivable that Her Majesty may have refrained
from using that jurisdiction as a means of enforcing good order upon foreigners not denizens
in the Protectorate or the sphere of influence. The authority conferred on the Crown of
exercising its foreign jurisdiction by means of Courts of Justice does not necessarily exclude
the prerogative of the Crown to administer territories in military occupation for the pur-
pose of good order, by means of the military commander himself or the military comman-
der under the lawful orders for such purposes of a civil officer. See Barwise vs. Kepell (2
Wils. 314), Buron vs. Denman (2 Exch. 167). Under some circumstances, the two means of
order may lawfully exist at the same time in the same territory, the court using judicial
procedure and applying established law, the commander or civil officer in authority over
him using military force. See Forsyth's Constitutional Law 2zo. Thus Municipal law and
act of State may lawfully be exercised. The authorities are few, and there are none about
spheres of influence, but we may refer by way of analogy regarding our occupation of
Unyoro to the fully argued case of Elphinstone vs. Bedrachund, decided by His Majesty
in Council and reported in r Knapp P. C., 316. It arose during the last Maratha war,
but after the expulsion of the Peshwa, and the conquest of the Deccan and the establish-
ment of a provincial Goverriment under a Commissioner with Courts of Justice under his
superintendence. Some public treasure of the late Government was seized by Captain
Robertson, the Collector and Magistrate of Poona. No hostilities were then going on in
the immediate neighbourhood; but they did continue in Khandesh, and the Garrisons
were maintained on a war footing and in readiness for active service. It was held by His
Majesty in Council that the seizure of the treasure was not an act that could be contested
in a Civil Court. Their Lordships doubtless knew that after a conquest, and even after
civil tribunals are erected, it takes some time for a territory to quiet down and there con-
tinues to be need of military operations. Therefore they held the proper character of the
transaction to be that of a hostile seizure made, if not flagrante, yet nondum cessante bello,
regard being had both to the time, the place, and the person, and that if anything had
been done amiss recourse could only be had to the Government for redress, not to the
Court. That case arose in the Deccan, then apparently by conquest part of the dominions
of the Crown. But Unyoro appears to be only a sphere of influence: and a fortiori the rea-
sons may apply, and it is easily conceivable that in dealings with foreigners, not denizens
of British territories or Protectorates, Her Majesty may not have extended the jurisdiction
of the Consular Court to them. We wish, however, to be made certain of what has been
11. This being the first case arising in a new jurisdiction of great magnitude and
importance, it behoves this Court not to pass decision at once and thus make a precedent
without full information. Although the facts of the particular case have to be placed on
record in the Courts below, as they would by Justices of the Peace and the Superior Courts
of England, by the depositions of witnesses and the statements made by the accused, and
to be dealt with in the judgment recorded, it is obvious that, when this Court deals with
events arising in the heart of Africa, it stands in need of information about local history,
geography and diplomatic transactions. The Court has to take notice of Treaties and will consi-
der conventions, decisions and usages that have sprung up in the interpretation of them
and which have been recognized by Her Majesty and Her Ministers. We are of opinion that
the peculiar provision in Article 75 which empowers the Consular Court to submit such
information as it thinks necessary, along with the minutes of the case, is intended to sup-
ply the Court of Appeal with information on authority to which it can give respectful at-
tention and thus promote a common understanding between the Court in Africa and the
Court in Bombay, and enable the latter especially to know what diplomatic transactions
have occurred, the existence of war, and other matters of judicial notice and events of
which there is no available history. It is also a means of avoiding delay in criminal appeal
and review. The observations sent up with this record have been of value. In the Queen-
Empress vs. Rego Montopoulo, I.L.R., 19 Bom., 741, we found the statement in the
Zanzibar Consul-General's observations about diplomatic transactions essential in the de-
cision of the case; and were aided in extending the principles of the common law about
local allegiance and alien amy to protected foreigners by the observations recorded in that
case by Mr. Berkeley. We accordingly avail ourselves as fully as possible of that appointed
means of information by calling for it from H.M.'s Commissioner and Consul-General for
Uganda on the perplexing points argued. We think our views as to the scope of the "ob-
servations" and their use by this Court are supported by the fact, that the Foreign Juri-
sdiction. Act, 189o, 53 and 54 Vict., C., 37, section 4, contemplates the submission by this
Court of cases of perplexing jurisdiction for the decision of Her Majesty's Secretary of
State which, as to the Orders in Council, makes it clear that this Court should be fully
informed on such facts as nationality and the effect of diplomatic arrangements.
12. The presumption in favour of the jurisdiction is not yet displaced; and looking at
the acts done by the prisoners as foufid below, and that the case comes on review, not
appeal, we do not think it desirable to suspend the sentences. But we will adjourn the hear-
ing for the return of the record from Uganda with the supplemental observations this
Court now calls for.
13. As other cases may in the interval come to the High Court on review or appeal,
we will, in order to save future delay, request the good offices of the Governor in Council
to procure, for the use of the Judges, a compilation of the Orders in Council, Instructions,
Queen's Regulations and Notifications introducing laws and declaring Protectorates; as also
of the Treaties and Conventions applicable among the Powers, Chiefs and Governments in
the parts of Africa to which the jurisdiction of this High Court extends. Among these are,
we think, important the transactions of the Conferences of Berlin, 1885, and of Brussels
1891, and any Acts subsidiary thereto or explanatory thereof.
14. The Court orders that the record be retransmitted to H.M.'s Commissioner and
Consul-General for Uganda in order that it may be returned to this Court on or before the
17th of November, 1896, with further observations under Article 75 of the Africa Order
in Council, 1889, on the matters indicated in this judgment.
The Uganda Court was duly asked to furnish the further information called
by this interim judgment, and, a reply having been received from Mr. Berkeley,
the case came on again before the High Court (Jardine and Ranade J.J.) on 14th
January 1937, upon which the following judgments were recorded.
JARDINE, J. :- Before dealing with the questions of law, it is convenient to state
our view of some of the matters of fact in which those questions depend.
Mr. Young argued for the prisoners that they are not subjects of a Signatory Power,
but only dwellers in some region under the protection or influence of Germany. But, as
this Court has already pointed out, the only evidence, namely, their own statements, is
that they are German subjects: and in his report pursuant to the order of this Court, Her
Majesty's Commissioner and Consul-General clearly assumes this to be the fact. This
Court must, therefore, deal with them as subjects of Germany. (i)
The acts for which the prisoners have been convicted, occurred in the country of
Unyoro: and Her Majesty's Commissioner and Consul-General has, in reply to the question
of this Court, in para. o1 of our Order of the i7th March, 1896, stated that Unyoro has not
been declared to be within a British Protectorate. He had also submitted the following
"As regards the form adopted, I would venture to make the following observations:
Were a 'German subject' to commit a crime and be arrested for it, say in Torn, a peace-
ful 'kingdom' lying like Unyoro within the British sphere, but outside the Protectorate,
one of two courses would, I presume, have to be followed. Either I should permit the
'King' of Toru to try him and punish him according to Toru laws, whatever these might
be, or I should (technically) 'exercise my influence' over the king in order to arrange that
he should delegate his jurisdiction to this administration, and thereupon try the accused
according to the procedure laid down for British subjects. In the case of Unyoro,
however, the king and all local authorities or jurisdiction had disappeared in consequence
of the war, and, therefore, what could be done in Toru could not be done in Unyoro.
Meanwhile in June, 1894, the Earl of Kimberley, then Her Majesty's Secretary of State
for Foreign Affairs, had, though under strict limitations (see Blue Book, Africa, No. 7,
1895, page 50), recognized the possible necessity for some 'temporary and partial occu-
pation of Unyoro'. It was in these circumstances and with that sanction that portions
of Southern Unyoro have been held by the British authorities in Uganda, and it seemed
to me that, since the king and his judicial authorities had disappeared, we must necessarily
assume, however temporarily, jurisdiction in their place: in other words, that in these
portions of Unyoro which we occupied, in the terms of Lord Kimberley's despatch 'for
purely defensive purpose with the object of protecting Uganda against aggression,' we must
assume the responsibilities and exercise the rights which we do in Uganda itself. Our
(1) In his despatch of 25th October 1895 to the Marquess of Salisbury, Mr. Berkeley states that
Mzee and Juma were respectively natives of Zanzibar and the German coast line.
temporary presence in these portions of Unyoro must, in practice, mean the temporary
eitehsiofl over them of the British Protectorate over Uganda. In these circumstances I
decided to try the accused as though the offence with which they were charged had been
committed in Uganda itself."
These remarks of the Commissioner and Consul-General confirm the surmise of this
Court that the territory in Unyoro was at the time held by military occupation under
the superintendence of Her Majesty's Commissioner and Consul-General by command of the
The learned Advocate General has argued that if Unyoro was under military occupa-
tion, this "occupatio bellica" transferred the sovereign power to the Crown, and that it
had to be exercised by Her Majesty's Commissioner and Consul-General as a Commander-
in-Chief,; and that as he might, in Unyoro, have tried and punished these prisoners by
the law of war, the convictions passed at Kampala in Uganda long afterwards in the Court
established by the Orders in Council may justly be treated as valid. But no case has been
shown us authorizing the trial by the laws of war at a place and time both distant from
the warlike operations. Moreover, the Court of the Commissioner and Consul-General is
by various Articles of the Order in Council of 1889, e.g., articles 12 and 22, limited in its
powers: it is by article 22 to exercise Her Majesty's jurisdiction "to the extent and in the
manner provided by this Order." Therefore if the offices of Judge of the Consular Court
and of a Commander-in-Chief happen in a sphere of influence to be held by the same
person, who in both capacities is under the control of the Crown, the directions in the
Orders in Council are binding on him as Consular Judge. Article 105 of this Order recog-
nizes and preserves the powers of Consular-Officers in performing acts not judicially, acts
such as they "might by law or by virtue of usage or sufferance or otherwise have perform-
ed if this order has not been made". The Commissioner and Consul-General has avowedly
and in terms assumed jurisdiction in this case under the Order in Council and submitted
it to this Court under articles 74 and 75. It would be wrong, therefore, to impute what
has been done to powers lawfully used by the head of a military occupation, such as
are discussed in Forsyth's Constitutional Law, p. 210, and by Mayne in his Criminal Law
of India, Chapter 3, sections 97 and 1o6.
The Advocate General further suggested that the record and statements submitted
showed that this part of Unyoro had become annexed to the dominions of the Crown, but
the Commissioner and Consul-General does not aver anything more than a military occupa-
tion, which however complete, is not necessarily the same thing as an annexation. I find
a case where the Judicial Committee of the Privy Council distinguished the temporary
occupation of Moldavia by Russia in 1853 from a change of dominion-Cremidi v. Powell.
See also other cases cited by Forsyth at p. 21. We must, therefore, hold that there was
no annexation. There was a military occupation, more complete because the King of
Unyoro and his officers had disappeared. But before then Her Majesty appears to have
acted on the obligation of article I of the General Act of the Brussels Conference of 189o,
which provides not only by clause, for the government of places undet sovereignty or pro-
tectorate, but also for "the gradual establishment in the interior, by the responsible Power
in each territory, of strongly occupied stations, for roads, steam-boats, telegraphs, expedi-
tions, and flying columns, and the interdiction of arms and ammunition where the slave
We are agreed that the responsibilities here assumed are international duties arising
from mutual undertakings of the Signatory Powers: and thus differ from the obligations
undertaken by the Sovereign to protect her subjects and others bound to her by allegi-
The sole question remaining for disposal is whether the Court of the Commissioner
and Consul-General had jurisdiction under the Order-in-Council. The Advocate General
has not seriously contested the arguments of Mr. Young already set fourth in our
former order in paragraph 6. The prisoners are "foreigners", and being German subjects
are "foreigners to whom this Order (i.e., of 1892) applies," and if the acts of which they
have been found guilty had occurred in Uganda or other Protectorate of Her Majesty,
they would have been liable to the jurisdiction under the Order-in-Council of 1889
UGANDA JOURNAL. 80
"under the same conditions as British subjects and to the extent of the jurisdiction vested
by law in those Courts." These words are found in article 2 of the Order-in-Council of
1892. But that article and the preamble as also the later Order-in-Council of 1893, show
that Her Majesty had drawn a plain distinction about the criminal liability of subjects
of the Signatory Power, a distinction based evidently on the difference of the respons-
ibility which the Crown is advised to assume in territories solemnly declared to be under
the Queen's protection and those merely placed, "qua" the other Signatory Powers, in a
British sphere of influence. Mr. Hall in his International Law, Part III, Chapter 3, sec-
tion 93 "et seq"., shows how Germany and France have thought proper to assume fuller
jurisdiction over persons, not originally their subjects, than the Crown of England has
done, the last having, as these Orders in Council show, acted more gradually. It may be
that the restrictions of jurisdiction have been ordained in order not to offend the sus-
ceptibilities of other Powers or in order not to burden the Queen's administrative and
judicial services with cases arising in regions merely in a sphere of influence, where as yet
the word "allegiance" has hardly been heard, and where the Queen has not solemnly
declared her prerogative of protection. But it is not the duty of this Court to find reasons
for the acts of the Queen's Ministers when the language used by her Council is, as we
For the above reasons the Court holds that as article 48 of the Order-in-Council
applies in terms only to British subjects, and as these prisoners have not, as regards acts
done outside the Queen's Protectorates, been brought into the position of British
subjects, the convictions and sentences under article 48 are on their face without jurisdic-
The convictions for slave-trading would, if the prisoners were British subjects, probably
have been legal under article 45, which applies the English Statutes. But these foreigners
are not of any class included in article io: nor do the later Orders in Council, as already
mentioned, include them for acts done outside of the British dominions or Protectorates.
The convictions under article 50 are for the same reasons bad, as upon a true
construction the wide phrase of the article "a person" must be treated as limited by
article io and the general scope of this Order of 1889 and the later Orders in Council.
Another reason for distrusting the validity of the convictions under article 50 is that
there is no record of any prohibition, of importing arms and ammunition. The Commis-
sioner and Consul-General presumes that the authority who prohibited is Her Majesty the
Queen. But it has not been suggested that Her Majesty has done this by applying any
act of Parliament, or any Indian Statute on the subject of prohibited or contraband
goods; or that Her Secretary of State has sanctioned any Queen's Regulation under article
99 on the subject.
The Court holds the convictions and sentences of the Consular Court to have been
passed without jurisdiction, and instructs Her Majesty's Commissioner and Consul-General
to cancel them and to set the prisoners at liberty.
The Court will renew its request for a complete collection of such official papers,
Queen's Regulations and Orders in Council as are mentioned in paragraph 13 of our
former Order. To avoid delays of justice we seek for authoritative information as regards
any new Protectorates declared or other important Orders passed.
RANADE, J.:- I concur. As this is a case of some importance, being the first of its
kind under the extended Appellate Jurisdiction of this Court over East Africa, I deem it
necessary to record a separate judgment.
Her Majesty's Commissioner and Consul-General for Uganda convicted the two prisoners
Juma and Urzee of offences described in articles 48 and 50 of the Africa Order in Coun-
cil, 1889, and Urzee was further convicted of slave-dealing, and they were sentenced res-
pectively to two and three years' rigorous imprisonment.
These sentences were submitted to this Court for review under articles 74 and 75 of the
In the course of the first hearing, which took place on 17th March, 1896, we took
judicial notice of the fact that Uganda was a Protectorate of Great Britain, and that
Unyoro, the territory where the offence was admittedly committed, was within the British
sphere of influence. Judicial notice was also taken of the fact that the King of Unyoro
had commenced hostilities in December, 1893, and was at the time when the offence
was committed at war with Uganda and the protecting British Power. We also intimated
at the time that we saw no reason to differ from the findings of fact on which the con-
viction was based, namely, that the prisoners were engaged in carrying gunpowder to
Unyoro, knowing the trade in powder to be illegal, and knowing further that the King of
Unyoro was in open warfare with Uganda and the protecting Power, and lastly, that
prisoner Urzee was further engaged in slave-trading. We felt it necessary, however, to
obtain fuller information (i) as to whether the gunpowder was imported by the prisoners
for the purpose of aiding the King of Unyoro in his war operations; (2) whether there was
any express authoritative prohibition of the import or smuggling of gunpowder; (3) as no
particular Statute or Act was quoted or referred to in the judgment, we wished also to
know the particular Act, Statute or Order on which the conviction for slave-trading was
based. Besides fuller information on these points, we inquired, in reference chiefly to the
question of jurisdiction raised before us by Mr. Young, (4) what territory the prisoners
belong to, and whether they were subjects of any Signatory or other Power or subjects
of Her Majesty or of a territory under Her Majesty's protection or influence; (5) and
further whether the Unyoro country was included in any protectorate, and, if so, when
and how; and (6) whether Her Majesty had made foreigners to whom the Order in Coun-
cil of 1892 applied, justiciable by the Consular Court for acts done in Unyoro.
The Consul-General has now supplied the information asked for in the interlocutory
observations. On the -first point noted above, his reply shows that the importation of
gunpowder was made by the prisoners not for pacific purposes, but for aiding and
abetting the King of Unyoro in his war operations. On the second point it is stated that
the prohibition of the import of gunpowder had been duly notified, and the prisoners
themselves knew that the trade was illegal. In regard to the third point, about the pro-
hibitions of slave-trading, the Consul-General referred to Chapter II, article 9, of the
General Act of the Berlin Conference of 1885, and he stated that the treaty obligations
there undertaken were applicable to Unyoro under article No. 3 of the Africa Order in
Council of 1893. As regards the points which had reference to the question of jurisdiction,
the Consul-General stated that Unyoro had not been included within a British Protectorate,
but it was within the British sphere of influence. We gather further from the reply that
the plea of the prisoners that they were German subjects urged by them in the course of
the trial is substantially correct, as it is nQt traversed in the reply. The Consul-General
states the prisoners, as soon as they raised this plea, were not made over for trial to
the nearest German authorities, because in the absence of any established usage or custom,
or of a legitimate demand made by a duly accredited representative of a foreign jurisdic-
tion, it is not usual for British administrations to surrender offenders arrested by them-
selves. There was no such usage established, and there was no demand made in this case,
and German subjects had no ex-territorial rights, and the German Government had no re-
presentatives in those parts. As the King of Unyoro was at war with Uganda and the
Protecting Power, and Unyoro was temporarily occupied by a military force, the Consul-
General held that he felt himself justified in assuming the same responsibilities and exer-
cising the same rights regards the part of Unyoro in military occupation as his Court
exercised in protected Uganda. In other words, though Unyoro had never been formally
included within the Protectorate, the fact of military occupation justified the extension of
British jurisdiction over that part of it which was so temporarily occupied.
It seems clear to me, from the first set of replies, that there is no sufficient reason
shown which renders it necessary to suggest any modification of the decision of the
Consular Court on questions of fact. The question of jurisdiction stands, however, on a
different footing. The question here is, had the Consul-General jurisdiction to try the
prisoners, or was he bound, as he admits it was open to him to do, to hand them over
for trial to the German authorities in East Africa. For the purpose of the inquiry into
this question of jurisdiction, I may take it as proved that the prisoners are admittedly
German subjects and that the offences with which they were charged were committed by
them in Unyoro, which territory, though within the British sphere of influence in East
Africa, was not included in the Protectorate of Uganda, and the King of Unyoro was at
the time engaged in a war which necessitated a partial occupation of his territory by
I have to consider whether, under any of the Africa Orders in Council, the Court of
the Consul-General and Commissioner of Uganda was vested with a jurisdiction to try
German subjects arrested in Unyoro territory. The principal Africa Order in Council;
dated 22nd October, 1889, expressly defines the words "British subjects," "foreigners"
and "natives" separately. British subjects include persons enjoying British protection,
and the subjects of the Princes and States in India resident in the parts of Africa to
which the Order relates. Foreigners mean persons who, whether natives or subjects of
Africa or not, are not British subjects, and natives are defined as being persons who are
not British subjects nor the subjects of any non-African Power. It is clear from this
that, so far as this Order goes, the prisoners being German subjects fall within the
category of "foreigners". The Consular Courts created by the Order under articles 5 and
19 and instructions on article 21 have under article io jurisdiction over the person and
property of British subjects as defined above, and in regard to foreigners, they have jurisdic-
tion only over them first when they submit themselves of their own accord to such juris.
diction, or secondly when they are subjects of States which have entered into treaty
arrangements with Her Majesty permitting the exercise of this jurisdiction. In the case of
natives as well as foreigners, consent is necessary to give jurisdiction to treat them as
British subjects (article 17). So far, therefore, as this Order is concerned, the Consul-
General's jurisdiction could only arise on pro)f that the prisoners submitted to it, or that
the German Government had entered into an understanding with Her Majesty's Govern-
ment permitting this exercise of jurisdiction over them. The Consular Courts though Courts
of Record (article 24) have no plenary authority, but are bound to exercise their juris-
diction to the extent and in the manner provided by this Order (Article 22). The Criminal
Side of these Courts was constituted principally with the object of maintaining order
among British subjects and for the repression of crimes or offences committed by British
subjects (article 12), and the jurisdiction over foreigners comes in only under the excep-
tions noted above. Part VI, which relates more particularly to the criminal jurisdiction,
defines in article 45 offences as acts or omissions which are held to be offences under
English law, and this is also the purport of articles 13, 45 and 65 in regard to procedure
and punishments. Article 48, under which the accused were charged in the present case,
is expressly limited to British subjects as defined by the Order. Article 50 does not
contain a similar limitation, but the general scope of the Order also limits its application.
The restricted character of the civil jurisdiction of these Courts supports the same
inference. Foreigners must expressly consent to civil jurisdiction (article roo). The
existence of native and foreign tribunals side by side with these Courts is expressly con-
templated in article Io1. It is not necessary to elaborate this point more fully, because
the Consul-General himself rests his jurisdiction to try the prisoners in this case not
under the Africa Order of 1889, but under the addition made to it by the Order of Council
I have next to see what was the nature of the change effected by the Order of 1892,
dated 28th June, 1892. It appears from Mr. Hall's great work on this subject that the
Order of 1889 strictly followed the principles and tradition which have guided the policy
of British Settlements in foreign parts by which consular jurisdiction is confined to Bri-
tish subjects only. The French and German Governments, however, in their African
Protectorates claimed higher powers, and in the new Order of 1892 there was a distinct
departure in that direction in regard to British Protected States. The Order in its preamble
recites that for the due fulfilment of the obligations undertaken by Her Majesty under the
General Act of the Conference of Berlin, signed in 1885, the subjects of the Signatory
Powers should be justiciable in like manner as British subjects within the limits of the
territories which Her Majesty may have declared to be under her protection. The Order
then enacts that the words "foreigners to whom this Order applies", shall mean subjects of
Signatory Power or any other Powers which have consented that their subjects shall: be
justiciable under the Order or 1889, and it further enacts that when Her Majesty has
declared any territory to be a Protectorate of Her Majesty, the provisions of the Order of
1889 having reference to British subjects shall apply to the foreigners to whom this Order
applies; and the requisition of the express previous consent of the foreigner or of his State
shall have no effect in regard to such Protectorate, and in respect of such foreigners. Ger-
many is one of the Signatory Powers. Uganda was declared a Protectorate on I9th June,
1894, and it is clear that if the offences with which the prisoners were charged had been
committed in Uganda, this Order would have given jurisdiction to the Consul-General to try
the prisoners, notwithstanding their plea that they were German subjects. As it is, the
Order has no application to Unyoro, which admittedly has not been declared to be a
Mr. Young made some point of the distinction between German subjects proper and
subjects of German Protected States. It is not necessary to consider this point, as the dis-
tinction would have been material only if the offences had been committed in Uganda. As
it is, the prisoners are admittedly not residents either of Uganda or of the territories under
The Advocate General contented that as the offences were committed against Uganda
and within a part of Unyoro under military occupation by a British force, this part of
Unyoto might be considered as annexed to Uganda over which the Consular Court had
jurisdiction to try foreigners, who were subjects of Signatory Powers. I think this conten-
tion is opposed to the general principles of law and that it is also against the express terms
of the Order of 1892, which declares clearly that the Order of 1889 shall be void and of no
effect only as regards territories declared to be protected in so far as foreigners to whom
the Order of 1892 applies, are concerned. Beyond these local and personal limits the old
order must be regarded as still in full force. If the contention of the Advocate General
were sound, no express declaration of a Protectorate would be necessary, as all territory
under British influence and occupied by military force would be, for the purposes of the
Order of 1892, Protected territory. The Order of Council, dated i7th July, 1893, expressly
enacts that "natives," as defined by the Order of 1889, of any Protectorate of Her Majesty
outside the local jurisdiction of Consular Courts shall be triable by such Courts as Bri-
tish subjects when they happen to be within such local limits. This extension of the first
Order brings out clearly the distinction between the local and the Protectorate jurisdiction
of such Courts. It, however, does not support the view that these Courts have any juris-
diction over either natives or foreigners in respect of offences committed by them outside
local or Protectorate limits, solely on account of the fact that such territories came within
what is called the sphere of influence. The phrase "British sphere of influence" is obviously
intended to mark out African territories within which other European Powers are by mutual
understanding not to extend their conquests to the disadvantage of the British Power in East
Africa, whose sphere is marked out by 30 Meridian East Longitude. It has no signific
ance for purposes of jurisdiction. It is, in fact the outer circle beyond the Protected States,
and is for purposes of internal jurisdiction independent territory, where the Consular Court
has no direct authority, and cannot control the actions of its native rulers, as it might
do in Protected territory. No delegation of Power from the native ruler was possible, as
the king was at war.
As regards the question whether jurisdiction was given to the Consular Court by rea
son of a part of Unyoro being at the time under military occupation, or as the Advocate
General puts it, by reason of the temporary annexation of Unyoro in part to Uganda,
I do not think it is necessary here to consider the point. Lord Kimberley's order is not
among the papers sent to us. A temporary and partial occupation of the sort indicated
could confer no jurisdiction on the Consular Court, whose powers are strictly limited by
the various Orders in Council. The military authorities might have, on the strength of the
'orcible occupation of the territory of a King at war with Her Majesty's Government, dis-
posed of the prisoners summarily on the spot under martial law applicable to such condi-
tions. Occupation for purposes of war does not change the law of the country invaded,
and such occupation cannot confer jurisdiction on the Consular Courts to try foreigners
to whom the Order of 1892 did not apply as if they were British subjects. The distinction
between spheres of influence and Protected territory is a well-recognized distinction and
cannot be got over by such temporary and partial occupation. At any rate this Court in
appeal can have no jurisdiction to deal with acts committed under such circumstances,
On the whole, therefore, I feel satisfied that the Commissioner and Consul-General of
Uganda had no jurisdiction under any of the Orders in Council to try the prisoners, who
were German subjects, for offences committed by them outside the Protectorate of Uganda.
We must, therefore, instruct him under article 75 to cancel the sentences passed by him
on the prisoners, and to set them at liberty.
Two months later, 12th March 1897, the order for release reached Colonel
Ternan, the Acting Commissioner, in Uganda; and was immediately complied with.
The prisoners were doubtless impressed by the wonders of the law. Juma certain-
ly bore no ill will for all his nearly two years detention; for he took service
under the Government and was long the efficient headman and factotum of the
Sub-Commissioner, Kampala. On his retirement he supplemented his income by
a modest trafficking in charms; and he was still to be seen after the end of the War,
a d'gnified-figure, ambling along the green lanes of Mengo on a white donkey,
Authorities are 'Campaigning on the Upper Nile and Niger' by S. Vandeleur, London,
1898: also Mr. Jackson's despatch of 3rd August 1895 to the Marquess of Salisbury.
Vandeleur was an able surveyor and produced superior maps of Bunyoro and of Nandi.
He was present at the battle of Omdurman (2nd September 1898) and served through much
of the South African War. A brevet lieutenant-colonel, marked out for a distinguished mili-
tary career, his death on 31st August 1901 was a tragic loss. The passenger train in
which he was travelling from Pretoria to Nylstroom was held up by Boer train-wreckers,
and he was shot down at point-blank range at his carriage door ('Seymour Vandeleur. The
Story of a British Officer' by F.I. Maxse, London -i0o6).
WHAT ANTHROPOLOGISTS ARE AFTER.
By Lucy MAIR.
The position of an anthropologist in a territory like Uganda is a somewhat
invidious one. If he goes to a South Sea Island unknown to any European but an
occasional visiting missionary, trader or official, it is obvious that he has every
chance of revealing to an astonished world facts of native life which are complete-
ly new to them. If, however, he choses for his work a colony with a resident Euro-
pean population, many of whom are deeply interested in native affairs, he is apt
to be received with some scepticism. What can a passing stranger have to say of
an African people that is not familiar to everyone who has lived for years among
There are actually many parts of the world where study at close quarters by
anthropologists has shown that the most astonishing misconceptions are firmly
held by persons who claim to know the natives through and through; but it is fair
to say that I could not quote any such example with regard to the Baganda. But
there are other reasons why the anthropologist feels entitled to claim that he is
not entirely superfluous. In the first place, the aim of his profession is to discover
what are the general laws that govern the behaviour of man as a social animal.
For this purpose he requires data about as many human societies as possible;
so that, even though an account of a particular people may add little to the
knowledge of them possessed by those who live in daily contact with them, it
has its place in the collection of comparative material from which these conclu-
sions will ultimately be drawn. Many of the most valuable accounts of native
peoples which we possess have in fact been written by persons, usually missiona-
ries, permanently engaged in work among them; but in territories where they have
not published their knowledge, or where they do not happen to have been inter-
ested in the problems on which anthropology requires data, it becomes necessary
for this to be obtained by somebody else.
But is it not presumptuous for the anthropologist to claim that he can ob-
tain in two or three years information that the permanent resident has not got in
a lifetime? One might answer this question by an analogy. Although you have lived all
your life with your own teeth, you do not hesitate when you have toothache to call
in a dentist who has never seen them before. In other words, mere contact with
an object does not necessarily enable a person to understand it; for this he must
also know what to look for when he looks at it. No one would dream of suppos-
ing that a Swiss peasant must be an expert in geology because he lives in moun-
tains (or of denying that a geologist could correctly identify the rocks of those
same mountain on his first visit to them); no one would expect a man who cross-
ed the Atlantic a thousand times thereby to become an authority on salt-water or
the principles of navigation; no one would go to the attendants in the National
Gallery as experts on painting. Yet where human society is concerned, not one
man in a thousand is even aware that there are problems to be studied which
escape the eye of the casual observer.
These problems belong to the province of the anthropologist, and perhaps by
suggesting some of them it will be possible to show that there is room for his
work. The average person who claims to "know the African" puts the results of
his knowledge in the form of normal judgments-usually, it would be not unfair
to say, unfavourable judgments. The "African is lazy, he is untrustworthy, he is
not interested in his children, he has no sense of the value of money"; sometimes
with and sometimes without the implication that this unsatisfactory character can
be improved by the effort of Europeans. Most anthropologists would hesitate to
make such assertions with regard to large groups of people; but what is more
important is that this is not the kind of thing they are looking for. The attempt
to "get at the back of the African's mind", which we are so freely assured is
vain, is not one that we are making.
To the anthropologist a human society is not merely a collection of individ-
als with similar ideas and characteristics, and this is where his studies involve the
investigation of problems of the existence of which the layman is usually unaware.
The anthropologist is looking primarily not for ideas but for Organisation. How
do the people he is studying arrange the co-operation which is inherent in the
meaning of the word society? What are the rules of behaviour which people are
required to follow? What is held to be a man's duty towards his parents, his wife,
his children, his chief, his neighbours, his ancestors or other spiritual beings?
How are these duties enforced? What knowledge has each people of the environ-
ment from which it draws its substance, and how is this knowledge enriched and
passed on? I think it would be safe to say that very few people who have spent
their lives in Africa, but have not deliberately set out to ask these questions,
could answer them at all fully. In modern times a further question arises: What
has been the effect upon these organizations of the changes which European
activity has introduced? And here there is particular need for study by people
who are not themselves involved in this activity of transforming African socie-
ties. A person so involved can hardly regard with complete detachment the pro-
cess which is going on; the particular aim to which he is devoted is bound to
colour his interpretation of those aspects of African life with which he is brought
into touch. The agricultural expert, with his plans for making the African soil
more productive, tends to see the African as a person whose laziness and con-
servatism hamper his material progress; the administrative official who wants to
introduce a new ideal of justice may feel that by his standards those accepted by
the African are arbitrary, harsh or corrupt. The judgments which I have quoted
earlier are not the outcome of looking at the African as he is but of contrasting
him with what we should like him to be; the assumption that we can improve
him being unchallenged. It is a belief fundamental to missionary activity that
Christianity represents a way of life superior to all others; it is a rather unfortu-
nate outcome of that belief that the immediate reaction of those who hold it to
any statement made about native life, is often to assume a discreditable expla-
How does the anthropologist approach these questions? In the first place,
he tries to see the organisation and values of the people he is studying not in
terms of comparison with those of some other society, but as a response to pro-
blems set them by their environment, natural and human-in other words, to
climatic conditions and their relationship with their neighbours. These influences
together explain many points in economic organisation-the way in which food
and other material objects are produced, distributed, owned, and in the case of
durable possessions, inherited-and political organisation-the system by which
authority is acquired, recognized and enforced. Economics and politics influence
one another; the division of labour between men and women may be affected by
the extent to which the men are ,liable to be called away from their homes in war.
Regulations concerning the marriage contract and the duty of each individual
towards his parents and other relations depend partly on the extent to which
people need to work in groups to satisfy their material wants, and partly on the
claims made on their subjects by political authorities. Religion and morality stress
the development of those qualities most required in the circumstances of each
people, and ritual is usually concentrated on asking the help of supernatural pow-
ers in those activities in which man feels least able to count on success as a result
of his unaided efforts. It is the anthropologist's task to follow up the ways in
which institutions of these various kinds are linked together and react upon one
Thus among the Baganda one sees that their staple crop, the banana, if pro-
perly cultvated, can be grown almost indefinitely on the same soil. There has
never been any shortage of land available for growing subsidiary foods, hence
economic circumstances do not dictate the frequent moving of whole villages
that is common in so many parts of Africa, and some Baganda have developed
the strong attachment to the particular plot of land in which their ancestors are
buried which was described by Roscoe. An influence in opposition to this, how-
ever, was exerted in the past by the political system under which chiefs were rea-
dily transferred from one district to another and their followers went with them;
or a man could leave one chief and join another with a better reputation. This
produced a mobility of individuals much greater than is found among tribes
where the authority of the clan is important and people are bound to live on the
land belonging to their kindred, and it led eventually to the obliteration of the
claims of the clans to any land at all-an example of the reaction of politics on
kinship relations. Again, the fact that the Baganda acquired much of their wealth
by plundering their neighbours meant that the men were constantly liable to be
called up for war; as a result they took no part in cultivation, even in the ini-
tial breaking of the ground which among many African tribes is done by the men.
In common with most peoples who obtain their subsistences directly by their own
efforts, the Baganda regard with admiration the man who has plenty of food;
and in a society where all cultivation is done by women, this ideal dictates poly-
gamous marriage-a system which it is quite mistaken to regard as an expression
of sexual licence. The latter could be as well or better achieved by allowing promis-
cuous intrigue. Polygamy is simply a system in which a man may contract with
more than one woman a formal marriage, involving definite obligations and ex-
pected to be permanent, despite the possibility of divorce.
Take the relationships of parents to children; in many African tribes a son
remains in close contact with his father, and subject to his authority all his life
and this relationship is part of a wider one in which authority is wielded by the
elders of the clan. Wth the Baganda every father who could do so sought his son's
advancement by sending him to be brought up at the court of a great chief, or
of the Kabaka himself, where he might hope, if he found, favour, later to be made
a chief. Hence the control of parents and clansmen was much less close than
among many other peoples. Religion, again, reflected both the relatively favour-
able climate and the emphasis on war. One does not find here the intense import-
ance attached to annual ceremonies to produce rain or ensure the success of
crops, which is so common in drier regions. Instead the most important pagan
divinity was the god of war and his ritual consisted largely in offerings of the
spoils of battle and in consultation of his prophets as to the best time and place for
the next attack.
These are the questions that interest the anthropologist as a student of com-
parative types of social organisation. The transformation which Africa is under-
going at the present time offers him other problems for study. To the person en.
gaged in furthering this process-the District Commissioner, school inspector,
doctor, missionary, employer of labour-the most important result of such study
usually seems to be that it may explain why the response of the people among
whom they are working is not always all that they hope. In fact
anthropology is sometimes described as "academic" or "unconstructive"
because it cannot provide recipes for -the rapid and easy development
of the African. This reproach- if it be a reproach-we are obliged to ac-
cept. Although we-together with the sociologists, of whose studies ours form a
branch-have done all the work that has been done to further, by actual observa-
tion of facts, the understanding of man's behaviour as a social animal, we do not
claim to be able to make him something other than he is nor to produce sove-
reign remedies for the manifold troubles which beset "civilised" societies no less
than the peoples they have taken upon themselves to civilise. In medicine those
who profess to have discovered panaceas are apt to be called quacks, and in my
profession, rather than invite this description, we prefer the disadvantages of ad-
mitting that we have not attained omniscience.
On the other hand, we do not consider that, because we make this admis-
sion, the results of the observations which we have made are to be disregarded.
The good old slogan "Science can't tell you everything" is rarely if ever used to
discount the results of the natural sciences, though each of them has its unsolved
problems. It is at least possible that the reason why it is so readily invoked
against the study of man, the results of which touch us all so much more closely,
than do, say, the findings of the marine biologist, is that those results are apt to
unset ideas which we have been accustomed to take for granted. The defence of
the sociologist against criticisms of the type I have mentioned would simply be
that there is no situation in which it is not an advantage to be in possession of as
much knowledge as possible of the circumstances one is dealing with, that it is
hardly likely that the moulding human societies will be more efficiently achieved
in ignorance of their characteristics than with knowledge of them, and that he is
89 UGANDA JOURNAL.
doing what he can to increase that knowledge. If the process sometimes seems to
reveal more difficulties than solutions, that is surely to be ascribed rather to the
nature of the facts than to the shortcomings of the observer.
What then are the facts which we study in the context, and why do we claim
to have something to say about the results? To answer the second question first,
it has been suggested already that the person whose profession consists in intro-
ducing to the African new ideas and new ways of living almost inevitably judges
the result of his work in terms of his success or failure in achieving his ideal. The
anthropologist approaches the subject from, as it were the other end. What he sees
is a native society characterized by features such as I have described in the case
of the Baganda, subjected to a variety of influences, and responding to those in-
fluences. Whatever may be his personal view of the policies whose effect he is
studying, he tries to confine himself to observing as dispassionately as possible the
process and its results-just as a surgeon dealing with a complicated fracture
would not be influenced in his observations by the fact that the patient had in-
curred it by driving to the danger of the public.
The anthropologist, whose ultimate aim, is to be able to discover general
laws of human behaviour, asks why the various African societies have responded
in different ways to European influences. Some-the Baganda are a conspicuous
example-readily abandon their traditional way of living for that offered them
under European rule, and are rewarded by being credited with greater intelligence
than their more conservative neighbours. Others cling determinedly to judicial
authorities whom the government refuses to recognize, to pagan ceremonies, to
the accumulation of stock which by European standards are uneconomic. Many
differences can be observed in the response of different tribes to such influences
as Christian teaching or labour recruiting. When sufficient data have been col-
lected it may be possible to show that this process of "acculturation", as it is
technically called, follows recognisable rules; that certain incentives-such as the
opportunity of material gain, or of release from burdensome obligations-will
always provoke a response; perhaps that some non-European institutions are in-
herently more tenacious than others, perhaps that the success of the African's
adjustment of new conditions depends primarily on the methods by which these
Although the aims of European government in Africa may be said every-
where to be roughly similar, the methods which have been followed in pursuing
them show considerable differences in detail. Some African peoples have been
conquered by force of arms, others not. Some have been governed through their
traditional authorities, some through Arabs or members of other tribes, some by
councils elected under the auspices of the European government, Some govern-
ments attempt to encourage independent initiative among native authorities;
others keep them under close control. In some territories marketable crops have
been introduced which Africans can grow on their own land; in others this has
either been found impossible or has not been encouraged owing to the demands
of European employers for labour. In some territories an African can enter any
occupation for which he is qualified; in others he is strictly debarred from com-
petition with Europeans. In some, any African who can pass the examinations
and pay the fees can have a university education; in others this privilege is res-
tricted to men for whom there are vacancies in government service; in a few,
education above a rather elementary level is discouraged. There are wide differences
in the attitude of missionaries towards the practice by their converts of tradi-
tional customs. All these variations will have eventually to be studied and the
reactions which they provoke compared.
The next question which arises is the method by which such studies are carri-
ed out. It always has to be remembered that the changes in institutions, which
we are considering, are made up out of the behaviour of individuals. A signifi-
cant change in the institution of marriage by native custom among the Baganda,
for instance, is that the bride-price is now not returned in case the parties separate;
in other words, there is no legally recognized process of divorce. One reason for
this is undoubtedly that the native courts only recognize as valid Christian mar-
riages, which they cannot dissolve. But in the old days divorce questions were
not settled by the courts, but the families of the parties, so that we are not here
confronted with a sweeping change effected by a legal pronouncement at a given
time, but with a gradual process in which one father after another refused to re-
fund when his daughter returned to him till at length the injured sons-in-law
realized that it was no use asking. This process was already complete when I first
visited the Baganda in 1931. But if an anthropologist had been there while it
was still going on, it would have been his duty to observe as many cases of di-
vorce as he could and record in each case whether or not the bride-price had
been returned. He would then examine the circumstances of the persons concern-
ed and whenever possible ask the reasons which had prompted them to break
with a custom formerly considered binding. Was it entirely a movement of a
younger generation, or were older men as ready to take advantage of the new
practice once it had started? Was it more difficult to obtain repayment when the
bride-price was paid in cash, which is not easy to come by, than when it was paid
in barkcloths and beer, which anyone could obtain simply by taking a little trou-
ble? What was the attitude of the husbands who could get no satisfaction when
their wives left them. And how did this effect the outlook on marriage of young
men growing up? To give answers to these questions which are based not on
casual impressions but on actual facts, it is necessary to ask many informants
and these informants must be persons who have sufficient confidence in the
questioner to be willing to discuss their personal affairs. This means that the
modern anthropologist must not only have a fluent command of the native langu-
age-a qualification possessed by many permanent residents-but must have
time to spend many hours in conversation, so many, indeed, that his work can
only be done by a person prepared to give his whole time to it,
Other types of response to modern conditions can be studied in the same
way. The problems which arise from the absence of a large proportion of the
men of a community at centres of employment have begun to be regarded as ex-
tremely serious in some territories, while in others it is denied that there is any
problem other than that of the idleness of the African. Here again it is a problem
of anthropological research to get at the facts. Can you see a difference in the
state of cultivation in years when many young men have gone away and in years
when more have stayed at home? What work are they expected to do and who
does it in their absence? Individual families, or other groups which co-operate
for economic purposes, must be studied to see how they get on, or fail to get on,
in the absence of their men. Approaching the question from another side, the
influences which are most potent in leading the men to seek employment can again
be found by enquiries from the maximum possible number of them. How many
go first and foremost to earn their poll-tax? How many earn poll-tax for several
people? How many go to get cash for some object? Or just to get cash? Or to
see the world? How many prefer life in employment to life in the village? Are
these people who fit in badly in village life, either because of some personal diffi-
culty or because they are not prepared to meet their obligations to relatives of
headmen? It has been alleged in the Belgian Congo that the labour force from
the mines is largely drawn from downtrodden peasants who find in employment
escape from the exactions of their chiefs. A detailed study showing what propor-
tion of a fair sample of labourers left their homes for this reason would be most
In the case of the Baganda the number who prefer unskilled labour to grow-
ing their own cotton must be very small, but with them their ideas as to the re-
lative merits of farming and of the fairly wide range of salaried employment now
open to them are of interest. The independence of the farmer seems to be very
evenly balanced against the security of the employee; but the employee at a low
salary is apt to be readily persuaded that next year the price of cotton will be
again what it was in the palmy days and give up his work in that hope. Many
men feel strongly against undertaking employment away from home, even with
the easy communications of Buganda; others set out as soon as they have sold their
cotton to look for some temporary work until the next planting is due. It seems
to need a pretty good wage to induce a man to live with his family in Kampala,
where they have to buy their food. This diversity of attitudes has become clear to
me in the course of conversations with as many men as I could induce to give me
The attitude towards the ownership of land is one on which I hope to obtain
further data at some future time. It is a fact that the number of small landowners
in Buganda is steadily increasing. Why? Because of the exactions of landlords?
But many Baganda pay more for their land than they would pay in rent or dues
over many years. Is the idea primarily commercial--does the purchaser hope to
collect rent from tenants (since he very rarely cultivates all the land he owns)?
Does he set great store by the kitibwa of a landowner who has been introduced
to the Kabaka? Or does he want to collect his relatives around him?Here again
I think enquiry would reveal a variety of motives; whether it would show an in-
creasingly commercial attitude towards land it is difficult to say.
As to the reasons that have led in Buganda to an adaptation to modern
conditions which most people would regard as relatively more successful than
has been achieved by many African peoples, these must remain largely matters
of conjecture since there was no observer present during the crucial period of tran-
sition. Among explanations inherent in the nature of the European influence one
might suggest that the early introduction of a marketable crop, which made it
UGANDA JOURNAL. 92
possible for everyone to meet bare necessities in money without leaving home,
has prevented most of the disintegration that has occurred elsewhere. The fact that
the Baganda have been given fuller opportunities than some other Africans for
enjoying the advantages of a European way of living may account in general for
their readiness to abandon their traditional customs. On the side of native charac-
teristics making adjustment easier one might suggest that a chieftainship which
was not hereditary, but depended upon appointment by the Kabaka, was particu-
larly easy to develop in the directions required by modern government, since suit-
able individuals might be selected without doing any violence to hereditary claims;
and possibly the fact that the Kabaka was not himself a minister of the pagan re-
ligion made it easier for him to order its suppression when he adopted Christia-
nity than it would be for those African kings who are also priests.
I hope I have been able to show that the problems with which the anthropo-
logist is concerned are not such as can be solved by mere familiarity with an
African people in the absence of enquiries expressly directed to them. On the
vexed question whether the knowledge which he can obtain is worth having 1
must leave the reader to judge.
The Were Leopard.
By R. W. MALING.
It was some time before the war of 1914 that I took up land in Toro, with
the intention of planting coffee. Toro is situated in the western part of the Uganda
Protectorate, under the Ruwenzori Mountains, known to Ptolemy as the Moun-
tains of the Moon.
In those days roads were few and motor cars a rarity, so the traveller had to
walk. This gave one more freedom of action, and real contact with the Native.
I set out, with my safari, from the capital, Kampala, to do the 207 miles to
Toro. I had brought from England a harlequin type of Great Dane dog. His
huge size and uncommon colouring rendered him singularly impressive to the
natives, whose dogs were rat-like creatures. Rex, my dog, gained an unjustifiable
reputation for fierceness, created, not only by his, to the native, abnormal bulk,
but by a divergency in the colour of his eyes, one being dark and the other pale
blue. One look at, and a majestic approach towards, the timorous onlookers
would constitute the preliminary of a stampede, and shouts of "Its a wild beast-
not a dog" would be heard. My safari resembled a travelling menagerie, but
eventually the Batoro realized that Rex was most gentle with humans, and he
became very popular as a hunter of the elusive Giant Hog and other game.
I had by now beaconed off my property and engaged labour, to break up the
land, preparatory to planting out coffee seedlings. To get a job of work done
required constant supervision, added to a mixture of driving and cajolery.
Nature has been kind to the Batoro, she has provided them with a soil that
produces large crops in return for very little effort. But this effort must be
continual, for Nature ever rushes in to obliterate the work of man. However, if
the men must idle and loaf, are there not plenty of 'women to work and
My employees were not bad fellows, if one did not take them too seriously;
there was a little stealing and some drunkenness, but it was as liars that in those
days the Batoro were supreme. They did not consider it wrong to lie, and
nothing surprised them more than when a European showed anger on being told
an obvious untruth. It was my habit, when desirous of gaining some reliable
information, to put the question at intervals, in three different forms. If two
answers more or less tallied, they would be acceptable.
There was one man among my labourers who was, and looked, a bad lot;
he was tall and muscular, with an expression which registered a mort of evil.
His name was Kyomya, and it was apparent that he was feared. I was warned,
in a guarded way, not to employ this man, as he was liable to become periodically
insane, and would retire to the bush to work much 'evil'. There is generally a
very sound reason to justify a warning from the native, but to inquire bluntly for
more definite information, would, I knew, only lead to an evasive reply.
To Rex Kyomya was violently repellent, and when the man came into his vici-
nity, the dog would change from a mild to a frenzied one and deep growls would
rise in a crescendo to frantic barking. Kyomya, when he thought no one was looking
occasionally would leave his work to menace the excited animal; such exhibitions
were put a stop to, and I made up my mind to get rid of the turbulent fellow at the
However matters came to a head before then, for the air was rent by yells from
my headman, who was being belaboured by Kyomya. One smite from my stick
across the latter's stern gave the impulse for his rapid retreat into the elephant grass.
Nevertheless he gave me a parting address, saying "you have hit me therefore
Rekesi (Rex) shall die."
That was the last I saw of this man, for some time later, on the petition of the
natives, he was removed from that area.
But not long after his dismissal by me, whilst reading in bed one night, I heard
from a distance, the saw-like voice of a leopard. Rex stired uneasily and growled,
but then relapsed into the slumber of one who had done a hard day's hunting, and
nothing more could be heard but the hum of insects and the plaintive song of the
bird, which the Batoro say calls ceaselessly through the night 'Leta meru-leta
meru' (bring a light-bring a light).
-It was then I glanced towards the open side of my hut, and there stood a leo-
pard-the smoky hide-the snaky head-the flaming eyes vividly distinct. Like a
flash he launched himself on the sleeping dog's throat, one wrench from those fright-
ful jaws, and away. Rex lay dying as the blood gushed from his lacerated jugular.
The final act was complete, and Kyomya's prophecy fulfilled.
I cannot describe the lightning-like attack and retreat of the leopard. My leap
from the bed, although rapid, was hardly an interruption. As a propitiatory mea-
sure, with the break of morning, we had a drive in the vain hope of locating this
deadly menace, but without success.
It was some years later, when on an elephant safari in the West Nile District,
that my Mutoro, headman gave me his story of Kyomya and the killing of my dog
He began, "Bwana, perhaps you have heard that last month, Kyomya's body
was found in the Bush, and it was evident that he had been surrounded and gored
to death by buffalo-a fit ending for such a son of Shaitan.
"It was Kyomya who, in the assumed form of a leopard, killed Rekesi (Rex).
We had long suspected him of such devilry, but it was for my father to prove it.
His hut was next to Kyomya's, and one morning at cock-crow, he went out to hear
if the elephants had entered his garden. Presently, as you know, Bwana, at that hour
a change comes gradually over the land. The birds were beginning to stir, objects,
hitherto unrecognizable became more distinct, and the Dawn had come. Then my
father saw a leopard walking along the track to Kyomya's hut; it stopped on the
threshold of the door, now there could be distinctly discerned the spotted hide, the
cruel fangs, and the baleful glare from the brute's eyes. As the old man looked, a
change took place in the beast. As a ripple passes over the surface of molten metal,
or the light breeze above a sheet of water, the leopard's features and body were al-
tered, and the face and form of Kyomya came up through the beast. It was now
Kyomya and he entered his hut."
I have told this story for what it is worth, and leave the reader to form what
opinion he chooses. The phraseology-headman's phraseology-has been slightly
altered, but the facts are as he told me. In those days a belief in witchcraft, magic
and sorcery were common to all, and even now, not obsolete. This basic fact must
be realized by the European, to account for the unerring belief in the were wolf by
these people. In every part of the world, where man has found himself in proximity
with beasts of prey, it has been habitual to accept such phenomena. Have we not
read of the Were Wolf in Europe? The native would not consider such a happening
as supernatural, he has long known certain people could assume the likeness of a
leopard. Was not so-and-so found naked in a trap? And were not the remains of
somebody else's dogs found clenched in his hand, with the iron grip of rigor mortis?
Did not Rwakaikara climb a tree, one moonlight night, and reappear from that tree,
a few minutes later, as a leopard? Was it not known that the grandfather of Mabiha
speared a leopard one night, to find, in the same place, next morning, his brother
dying from a spear wound in the chest?
Such experiences are not common to all, but are of sufficient frequency to form
adequate evidence to convince the native that such testimony is unshakable-being
the accumulated experiences of generations.
"There are more things, in Heaven and Earth,
Than are dreampt of in our philosophy."
Members will remember the most interesting article, illustrated by some fine
plates, which Mr. Rogers wrote for Volume V No. 3 of The Uganda Journal.
This article has subsequently been included in a book written by Mr. Rogers
and with grateful acknowledgment to the Philatelic Journal of Great Britain we
reprint the following review of the book which we feel certain will prove of in-
terest to the numerous philatelists in the country and particularly to those who
have made the stamps of the Uganda Protectorate their chief interest.
EXTRACT FROM THE PHILATELIC JOURNAL OF GREAT BRITAIN.
(July, 1939, p. 130).
"New Leaves to Cut."
"Among the most curious and fascinating issues in the whole range of postage
stamps are the early stamps of Uganda printed by the Rev. E. Millar on his type-
writer. Their scarcity has prevented them ever being in the popular class, but
there have always been a select few among stamp collectors who have made them
their chief philatelic interest. Mr. Rogers is one of these, and in this book he tells
the story of their production and issue. Thirty-five years ago Mr. C.J. Phillips, in
a paper published in the Monthly Journal and afterwards reprinted in the Royal
Philatelic Society's work on Africa, dealt thoroughly with these stamps, but since
that time scarcely any useful matter has been published concerning them. Mr.
Rogers is able to give some new information about the stamps and also about the
Rev. E. Millar and the circumstances in which he produced them. All relevant
documents are quoted and sources of information are indicated. Naturally the
most interesting part of this book deals with the typewritten stamps and their
successors, the stamps printed by the Rev. F. Rowling, but Mr. Rogers also writes
about the later issues and continues the story to the present day when Uganda
forms part of one huge territory with Kenya and Tanganyika. Four plates illus-
trating the postage stamps and postmarks dealt with go to make this one of the
most welcome recent additions we have had to our library."
LECTURES TO THE UGANDA SOCIETY.
The following is a list of lecture meetings and titles held during the year
July 14th 1938, Dr. K.P. Wachsmann,
"An approach to African Music"
November 21st 1938, A. Loveridge, Esq.,
"Certain Aspects of Smaller African Beasties"
December 14th 1938, H. Jowitt, Esq.,
"Anecdotes of Zululand"
January 18th 1939, John Sykes, Esq., (Presidential Lecture),
"The Sanders Saga"
February 1939, Captain C.R.S. Pitman, D.S.O., M.c.
"The Ten plagues of Egypt, and the Passage
of the Red Sea by the Children of Israel."
March 8th 1939, G. Milne Esq., M. Sc.
"Amani and its Work"
March 29th 1939, Alexander Paterson, Esq., M.c.
"The World's Prison Problem."
May 17th, 1939 E.J. Wayland Esq., C.B.E.
"Some Problems in Uganda Prehistory"
June 22nd 1939, E.B. Haddon Esq.,
"How far is the Sociology of a people
reflected in its language?"
The Uganda Society.
32 NEW AND REJOINED MEMBERS.
BILLINGTON, DR. & MRS. W.R.
BROWN, MIss A.M.
BURTON, DR. E.
CLUTTON, W.O. INST: S.G.
GEE, MAJOR & MRS. A.H.
JORDAN, MR. & MRS. H.
LEECH, DR. AND MRS. R.B.
LENNON, MR. AND MRS. N.G.
MIDDLE, MISS M.
LOWE, PROF: C. VAN R.,
MACDONALD, MISs A.F.
MATHESON, MR. AND MRS. J.K.
REYNOLDS, DR. AND MRS. J.D.
WELCH, MISs K.
WILKINSON, MISS C.
KING'S COLLEGE, BUDO
National Bank of India, Ltd., Kampala.
C.M.S. Hospital, P.O. Box 161, Kampala
c/o Dr. E.V. Burton, Mulago, P.O. Kam-
Mulago Hospital, P.O. Kampala.
4th Batt: K.A.R., P.O. Bombo.
P.O. Box 9, Mbarara, W.P.
P.O. Box 103, Kampala.
Budongo Forest, P.O. Masindi.
c/o Standard Bank, Kitale, Kenya.
Mulago P.O. Kampala.
P.O. Box 551, Kampala.
P.O. Box 551, Kampala.
Agriculture Dept., Kampala.
c-o Land Office, Entebbe.
C.M.S. Hospital, Namirembe, P.O. Kam-
P.O. Box 210, Kampala.
Education Dept., Kampala.
Witwatersrand University, Johannesburg,
Veterinary Dept., Lira, W.P.
Medical Dept., Mulago, P.O. Kampala.
c/o Public Works Dept., Kampala.
c/o Standard Bank, Nairobi.
European Hospital, P.O. Kampala
Agriculture Dept., Entebbe.
P.O. Kabale, W.P.
Gatini, Limuru, Kenya.
c/o Medical Dept., Mulago P.O. Kam
c/o D.C., Gulu, W.C.
Kabale, Kigezi, W.P.
C.M.S. Lira, W.P.
P.O. Box 121, Kampala.
Ml ain Dietn