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 nonregistering
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 compensation.”
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 consideration
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 themselves
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 themselves
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 aforesaid
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 immediately
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
