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THE FICTION OF PROTECTORATES
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to refuse him protection while sojourning abroad. If not a British subject, yet something British he must be. The lawyers had to invent another term, and they called him a "British Protected Person." When a black man is a British subject it is bad enough. A Fijian residing in Tonga has a child by a Tongan woman. If he was legally married to her the child is British, and must be tried by a British court; if they were not legally married it is Tongan, and is under the jurisdiction of Tongan magistrates. And the wretched consul has to test the legality of the native marriage. If it was a heathen marriage the case is worse, for the courts have never settled whether heathen marriages, performed after the custom of the country, are marriages at all in the eye of the law of England. But when a "British Protected Person" has a child, we are treading upon thin ice indeed, and I presume that every consul follows the dictates of such conscience as he may have left to him. One need not go further than Siam to see how the system may be abused. You have only to rake in half the population as Protected Persons to establish a very fair claim to the Protectorate of the soil on which they live, and this is precisely what the French Consul, by inscribing