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Earle Edward Seaton

February 29, 1924-August 30, 1992
Lawyer, international jurist, author

Photo courtesy Elizabeth Seaton

Earle Seaton’s career as an international lawyer took him from his native Bermuda to East Africa, the United States and the hallowed halls of the United Nations.

He possessed sterling academic credentials, having earned, on top of his law degree, a PhD in International Relations from the University of Southern California.

With his appointment in 1972 as Puisne Judge, he became Bermuda’s first black Supreme Court judge, but he made his greatest contribution in Tanzania, where he opened a legal practice straight out of law school and rose to prominence as that country’s legal adviser and United Nations representative.

Practice

Seaton was one of a handful of black lawyers working in British East Africa, when he opened his practice in Tanganyika in 1948. In 1952, he argued a landmark case at the United Nations. After Tanganyika became independent Tanzania in 1961, he was a familiar figure at the United Nations as legal counsel for the Tanzanian Mission and also an expert on the law of the sea.

He was Puisne Judge in Bermuda from 1972 to 1978 and Chief Justice of the Seychelles Islands from 1979 to 1989. At the time of his death at age 68, he had completed two years as an Appellate Judge of the Uganda Supreme Court.

Immigrants

Seaton was the second of four children born to Eva and Dudley Seaton, both immigrants from St. Kitts. The family lived on Smith Hill, off Parson’s Road, Pembroke. Eva worked as a maid and Dudley was a carpenter.

A man of courage and conviction, Dudley Seaton was a signatory to the 1946 Bermuda Workers Association petition, which called on the United Kingdom government to investigate a slew of injustices in Bermuda.

Eva and Dudley Seaton had high expectations for their children and they did not disappoint. Wyonne, the eldest, was a tennis champion who became a physical education teacher and then retrained as a podiatrist; Ruth Seaton James became Registrar General and the first black person to head a Government department in Bermuda, while Charles, the youngest, was a printer who was reported to have been the first black graduate of Ryerson Institute in Toronto.

In 1951, three months after graduating from Ryerson, Charles’ life was cut short when he drowned while swimming off North Shore, Devonshire.

Violinist

Earle Seaton attended Central and The Berkeley Institute, where he excelled as a student. He was also a talented violinist and tennis player. (Charles also played violin and was noted for his rich baritone voice.)

Seaton attended Howard University in Washington DC on a Bermuda Technical Scholarship, which was established for blacks who were barred from applying for the prestigious Bermuda Government scholarship.

Intent on becoming a doctor, Seaton studied biology at Howard, but his father—who pinched pennies to ensure that all four children would attend college—persuaded him to study law instead.

After graduating from Howard in 1945, Seaton entered the University of London. He qualified as a barrister in 1948.

African

Friendships he made with African students he met in London would have a marked impact on the direction his life would take. The students were among the first in their families to attend university and were preparing themselves to take on leadership roles in their home countries.

Seaton learned Swahili. When a close friend Tom Marealle persuaded him his talents were needed in Tanganyika, Seaton moved there in August 1948 and opened a law office. He later opened offices in Kenya and Uganda.

While at Howard, Seaton met Alberta Jones who was from Houston, Texas. They married in London 1948, and she joined him in Africa the following year, after completing her doctorate in biology from the University of Brussels in Belgium. Their daughter, Elizabeth, was born in Kenya in 1950.

Conflicts

Seaton’s first period of residence in East Africa occurred during the last years of British rule, and several of his cases reflected long-standing conflicts between Africans and colonial administrators.

In 1949, he represented, in two separate appeals, a group of Ugandan leaders who were charged with inciting riots. He was successful in having their first convictions thrown out, and getting their prison sentences reduced following their subsequent retrial and conviction.

In 1952, much of Seaton’s energies were devoted to the cause of the Meru people, who had been forcibly displaced from two farms in a region of Tanganyika to make way for Afrikaner and European settlers.

The dispute had been simmering for years, but matters reached a boiling point when the evictions began, with local authorities even setting fires to some homes, despite an appeal by the Meru for the evictions to be put on hold pending the outcome of a petition to the United Nations in New York.

Funds had to be hurriedly raised to pay the travel costs of Seaton and Meru leader Kirilo Japhet to New York.

Seaton argued the case before the UN Trusteeship Council in June and July and before the full General Assembly in November. He also served as a translator for Japhet, who addressed the UN in Swahili.

While there was much sympathy for the Meru people from several countries, it was insufficient to garner enough votes to reverse the evictions.

The case is considered groundbreaking, however, because it raised political awareness throughout East Africa. It triggered Tanzania’s campaign for independence from the United Kingdom. Seaton later co-authored the book The Meru Land Case with Kirilo Japhet.

Doctorate

In 1953, Earle and Alberta Seaton, by then the parents of two children, with the birth of son Dudley that year, left Tanganyika for the US. He began studies for a PhD at the University of Southern California (USC). He received his doctorate in international relations in 1961 and spent the next year as a lecturer in international relations at USC.

In 1962, Seaton returned to newly independent Tanzania, where he directed legal research in Tanzania Ministry of Foreign Affairs.

He later served as a judge and as legal counsel for the Tanzanian Mission to the United Nations. In 1970, he was elected chairman of a United Nations Law of the Sea Committee.

In February 1972, he returned to Bermuda to take up the post of Puisne Judge. While there was widespread approval of the appointment, the Opposition Progressive Labour Party (PLP) said Seaton should have been appointed Chief Justice because of his academic credentials and experience.

At the time, Bermuda had been experiencing racial turmoil and more was on the horizon. The murders of Police Commissioner George Duckett in September 1972, and of Governor Sir Richard Sharples and his ADC Hugh Sayers, and a supermarket owner and manager in 1973 sent shock waves throughout the Island.

Seaton was presiding judge at the trials of the accused men Erskine “Buck” Burrows and Larry Tacklyn. Burrows, who was convicted of the five murders, and Tacklyn, who was convicted of the supermarket murders, were hanged in December 1977.

In 1976, Seaton, “very bravely”, according to one observer, turned down the prosecution’s request for a special jury for Tacklyn’s trial, which would have likely have resulted in a predominately white jury. (Special juries had long been abolished in the United Kingdom and were not abolished in Bermuda for criminal cases until 2004.)

Tacklyn was however tried and convicted by a special jury as the prosecution made a fresh application for a special jury in 1977, which Chief Justice John Summerfield allowed.

Debate

In late 1977, Summerfield resigned as Chief Justice. Seaton was passed over for the position, which went to fellow black Bermudian James Astwood, who was then Solicitor-General. The Opposition PLP said Seaton was the more qualified candidate, and there was a heated debate in Parliament.

The controversy soon died down. The reality was that the appointing authority under Bermuda’s Constitution was the Governor, who although required to consult with the Premier, had an unfettered discretion as to whom he appointed. Seaton had the last word on the subject when he said in a 1979 interview: “It was not expected by me that any government in Bermuda would consider that I would be the best man to be Chief Justice.”

Seaton resigned as Puisne Judge in June 1978, and moved back to East Africa. In 1979, he was appointed Chief Justice of the Seychelles, the first black to occupy the position in that island nation.

That post was likely a better fit for someone with his post-colonial legal experience as Seychelles, unlike Bermuda, was part of the African community and was newly independent.

Throughout his tenure, the Seychelles was a one-party socialist state—Seychelles became independent in 1976 and its president was replaced in a bloodless coup in 1977. However, according to one newspaper article, the judiciary was said by a United Nations report to have been above reproach.

In1981, South African-based mercenaries tried unsuccessfully to restore the ousted president to power and arrested and charged. Seaton presided over the trial that followed. Four of the six accused men were sentenced to death, and two received long prison sentences. They subsequently won a reprieve and freedom.

After retiring as Chief Justice in 1989, Seaton moved to Houston, Texas and became a consultant with Bermuda commercial law firm, Milligan-Whyte & Smith.
In 1990, he returned to Africa to serve as an Appellate Judge in the Supreme Court of Uganda.

Death

In 1992, he was returning to Houston for a vacation by way of New York, where on August 30, he collapsed on a street and died of a heart attack.

On September 4,1992, six days after his death, he was honoured by Bermuda’s legal community at a special sitting of the Supreme Court.

On December 6, 1992, a memorial service was held at St.Paul AME Church. Former Bermuda governor Sir Edward Leather and Asterius Hyera, the Tanzanian Ambassador to the US, were in attendance.

Among those who gave tributes were Ian Kawaley, Bermuda’s current Chief Justice, who worked in the Seychelles for two years and appeared before him in court.

Earle Seaton was survived by his wife of 44 years, Alberta, daughter Elizabeth and two granddaughters, Felicia and Sophia.

International

Because Seaton spent most his career overseas, the stature in which he was held, particularly in Pan-Africanist circles, were never widely appreciated in his homeland.

At various times in his career, he worked alongside Ralph Bunche, the celebrated African-American United Nations diplomat and winner of the 1950 Nobel Peace Price, and Julius Nyerere, the president of Tanzania.

Seaton was a member of the legal team that defended future Kenyan president Jomo Kenyatta and others who were charged with political offences in the 1950s. The trial received international attention.

In addition, Seaton was heavily involved in the early years of the Organisation of African Unity and the formulation of Tanzania’s immediate post-independence foreign policy, which saw the country play a pivotal role in supporting liberation struggles in Angola, Mozambique, Zimbabwe and South Africa long before those struggles achieved legitimacy in the West.

Spotlight

During the years he lived in Bermuda, Seaton, who was a tall, courtly man with an athletic build, remained out of the spotlight.

In June 1979, a year after quitting his post as Puisne Judge, he returned home to be guest speaker at a PLP Father’s Day banquet.

He told the audience Bermuda had nothing to fear from independence, that it would not necessarily lead to poverty, and that changing governments was healthy for democracy.

Seaton’s speech, described by one political commentator as “temperate”, did not create the kind of controversy one might expected in the Bermuda of 1979, which had yet to see a change in Government. His visit attracted significant interest, and was regarded as a coup for the PLP.

Legacy

Two decades after Earle Seaton’s death, the only tangible evidence in Bermuda of his life and legacy is a memorial plaque at St. Paul AME Church. On the same wall is a memorial plaque honouring his sister Ruth Seaton James.

Earle Seaton’s life was marked by significant losses: the drowning death of his brother Charles in 1950; Ruth Seaton James, in 1970, and his son Dr. Dudley Seaton, in 1978.
Commenting on those losses in a 1979 Bermuda Sun interview, Earle Seaton said: “My view on life is that the Lord giveth and the Lord taketh away. Blessed be the name of the Lord…”


His sister Wyonne Paine, who lives in London, is the sole surviving Seaton sibling.

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February 29, 1924
— Born in Pembroke

Early 1940s
— Undergraduate student at Howard University, Washington, DC

1945
— Graduates from Howard with a science degree

1948
— Qualifies as a lawyer in the United Kingdom and moves to Tanganyika and set up a law practice; marries college sweetheart Alberta Jones

1949
— represents a group of Uganda leaders, who are charged with inciting riots; is successful in getting their sentences reduced

1952
— Argues the Meru land case at the United Nations

1953
— Moves to California and begins post-graduate studies at the University of Southern California

1961
— Receives a doctorate in international relations

1962
— Returns to independent Tanzania, where he will spent next decade in various capacities, including as a judge and legal counsel for the Tanzanian
Mission to the United Nations

1972
— Appointed Puisne Judge in the Bermuda Supreme Court

1978
— Resigns as Puisne Judge

1979-1989
— Serves as Chief Justice of Seychelles

1990-1992
— Appellate Judge of the Uganda Supreme Court

August 30, 1992
— Dies in New York



“The language (of Tanzania) is Kiswahili which I speak. Unfortunately, I don’t speak Portuguese, which is the langue of Mozambique. I can understand when the language is being spoken, which comes from my school days when I used to work with many Portuguese at Miles Supermarket."

“The average Bermudian is not a very violent or bloodthirsty person. In some countries, I believe the average person is violent and bloodthirsty. It doesn’t mean very much to them to resort to violence."

“In the context of Africa, we must remember that Africa is the world’s largest continent consisting of more than 50 nations with vast differences between them. Tanzanians are gentle people. That’s why I say they remind me of Bermudians. I am very much at home there.”

“It is true Bermuda lacks mineral resources, but Bermuda has fantastic marine resources. This is a part that has been so far unexplored and to a great extent, neglected. “

“I think that the younger generation of Bermudians, like the younger generation in most parts of the word, is not as foolish as we older people. Probably within 20 years racial differences will be seen to be unimportant among people of Bermuda.
“To a large extent it was for political and economic reasons that older people accepted racial discrimination. I think intelligent people are rejecting this, and especially in Bermuda, where we are so intimately connected, racial differences will tend to diminish.”

“I actually grew up in Smith’s Hill, which at that time was one of the roughest areas in Bermuda. I my view, the experience of growing up in Smith’s Hill and attending the Central School is one that I would not have excluded for anything in terms of richness of personal development. I think that there are possibilities of good and possibilities of creativity and nobility in every environment.
“In some environments one has to struggle more to realize one’s fullest potential and that is why it is a crime in a wealthy country like Bermuda to permit any area to be deprived or neglected.” — Excerpts from an interview in the Bermuda Sun, June 22, 1979

“The Meru Lands Case ended, therefore, some ten years after it began. Within a few years of the British terminating their stewardship, the objectives of the Trusteeship System having been achieved, the Meru land at Engare-Nanyaki was back in the possession of its original inhabitants ... The social and economic conditions of the land’s inhabitants had, in the meantime, been immeasurably transformed.” The Meru Land Case by Kirilo Japhet and Earle Edward Seaton.

Earle Seaton in his chambers. Right, Earle Seaton, with son Dudley, wife Dr. Alberta Seaton and Dame Marjorie Bean (far right) at a reception in Bermuda. 
Photo courtesy Lenamae Milner

Below, the memorial plaque to Earle Seaton at St. Paul AME Church and, below right, cover of the book, The Meru Land Case, which he wrote with Kirilo Japhet.

 


 


Further reading



“Mr. Earle Seaton—Barrister-At-Law”, Bermuda Recorder, September 15, 1951


“UN Hears Bermudian Lash ‘Fire and Force’ Eviction of Meru Tribe”, Bermuda Recorder, December 6, 1952


The Meru Land Case by Kirilo Japhet and Earle Edward Seaton, with foreword by Mwalimu Julius Nyerere, East African Publishing House, 1967


Reports of Seaton’s appointment as Puisne Judge, The Royal Gazette, Mid-Ocean News and Bermuda Sun, January 15, 1972


Reports of Seaton’s resignation as Puisne Judge, The Royal Gazette, June 9 and 10, 1972 and Bermuda Sun, June 9, 1972


“Dr. Seaton: Changing Government is Healthy”, The Royal Gazette, June 19,1979


“Bermudians are a lot like Tanzanians”, Bermuda Sun, June 22, 1979


Seaton Profile, Bermuda Times, July 18, 1990


Reports of death, obituary and Supreme Court tribute, The Royal Gazette, September 3 and 5, 1992


Memorial Service programme (December 6, 1992)


“Earle Seaton: Carpenter’s son shone on international stage”, The Royal Gazette, February 9, 1993

“Chief Justice Earle Edward Seaton” by Julien Durup, Seychelles e News, date unavailable.

The Tanzanian/African American Linkage: A Product of Black Hubs, 1947-1960 by Dr. Lessie B. Tate, history professor, Texas Southern University


Other sources:


In addition to the above, additional information about Earle Seaton’s life and career was very kindly provided by Wyonne Paine, Ian Kawaley, Lenamae Milner and Elizabeth Seaton.

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