Report from the Select Committee on Slave Trade (East Coast of Africa); together with the proceedings of the Committee, minutes of evidence, appendix and index

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Monograph

Identifikator:: 832922498

URN:: urn:nbn:de:zbw-retromon-79587

Document type:: Monograph

Title:: Report from the Select Committee on Slave Trade (East Coast of Africa); together with the proceedings of the Committee, minutes of evidence, appendix and index

Place of publication:: [London]

Publisher:: [The House of Commons]

Year of publication:: 1871

Scope:: 1 Online-Ressource (XXIV, 242 S.)

Collection:: Economics Books

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96 APPENDIX TO KEPOKT FROM SELECT COMMITTEE Appeudix, No. 3. British subjects, residing in Zanzibar, could not exempt themselves from British law by taking service with the Sultan.” They thus drew a distinction between the position of non-registering Kutchecs and non registering British subjects. The question was then referred to the Government of India, who stated their opinion that “ the result of the permission to the subjects of Kutch to register themselves before the Biitish Consul, though undoubtedly well meant, appears to have been unfortunate, as it would seem that the Kutchees, not registered, have conceived the notion that they are emancipated from all control and interference, and that the Sultan himself favours these pretensions. Mr. Churchill should be instructed to inform the Sultan that the Government of India by no means recognises such claims, and the tiatiers from Kutch should be plainly told that, although the retention by them of domestic slaves in their households may for a time be tolerated, all attempts at purchasing, selling, or tiafficking in slaves will be summarily put down, and that the Government will not entertain any claim for redress or com pensation.” Acting upon these instructions, Mr. Churchill issued a public notice, that all Kutchees and natives of India in Zanzibar should present themselves at the British Consulate with lists of their slaves, under pain of punishment ; and he actually punished a man who disregarded the notice by a fine of 500 dollars. These proceedings gave offence to the Sultan, who protested that the non-regi-tered natives of India were, by the admission of Mr. Churchill’s predecessors, under his Highness’s protection, and as such, screened from the interference of the British Government. The matter was temporarily compromised by Mr. Churchill undertaking not to interfere with the slaves then in the possession of the Kutchees, provided they were forbidden to buy or sell any more; and the Sultan (hereupon referred the question for the authoritative decision of Her Majesty’s Government, and thus the matter stands at present. We have reviewed the case at length for the purpose of showing why doubts have arisen as to the powers of Her Majesty’s Government, and our reasons for recommending, as we shall do, that while the Kutchees should not be permitted to hold slaves in future, due con sideration should be shown and allowance made, for the circumstances under which they have conceived themselves justified in acquiring their slaves. We think that the case resolves itself into the following simple questions :— 1. Has Her Majesty’s Government the right to exercise jurisdiction over British subjects resident in Zanzibar? 2. is it necessary to the exercise of such jurisdiction that they should have enrolled them selves on the British Consular register? 3. Is there any distinction to be drawn in respect of such jurisdiction between British born subjects and natives of Indian States under the protection of the British Government, such as Kutch ? As regards the first and second questions, it seems clear that whether by treaty, usage, or sufferance. Her Majesty has, and exercises with the consent of the Sovereign of Zanzibar, juiisdiction overall British subjects resident in Zanzibar; and we do not think that the provisions of the Order in Council requiring all British subjects to register them selves at the British Consulate under certain penalties can be held to entiile those who do not so enrol themselves to withdraw themselves entirely from British protection, or to deprive Her Majesty of all jurisdiction over them. Our opinion upon the third qm stion is influenced by the proclamation of the Rao of Kutch to his subjects of the 24th April 1869, which states, “ It is therefore hereby ordered, that if you persist in the traffic in slaves, the Biitish Government will, by virtue of my afore said permission, treating you who reside at Zanzibar as its own subjects, liberate all slaves from your possession, &c.;” and we consider that in view of this proclamation, natives of Kutch must, so far as regards slave traffic, be regarded as British subjects. As it is clearly unlawful for a British subject to hold or traffic in slaves, either in Zanzibar or in any other country, it is consequently unlawful for a Kutchee to do so. If we are right in assuming that Her Majesty’s Government have jurisdiction over all British subjects or natives of Kutch under British protection, whether registered or not, it follows that they have the power, if they chose to exercise it, of at once insisting on the liberation of all slaves held by such persons, without previous notice of compensation; and also, under the powers given by the Order in Council of 1866, and its accompanying rules and regulations, of punishing in Zanzibar itself any such person fiir refusing to obey the Consul’s order to release their slaves. But, looking to the fact that the Kutchees have, with the implied sanction of the British Authorities, been permitted to hold slaves for domestic service since the year 1862, it would in our opinion be a harsh measure to order the immediate release of all their slaves without compensation to their owners. In our opinion it would be only fair to give the Kutchees a reasonable time, say three years, to make their preparations. The period might be left to the discretion of the Indian Government, and proper notice should be given accordingly ; but if at the end of such term as may be decided upon, any Kutchee should be found holding slaves, they should be imme diately emancipated without compensation, and the Kutchee punished for holding them. In the meantime no Kutchee should be allowed on any pretence whatever to acquire any fresh slaves, but only to hold those they already possess. We

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