"أوراق أخرى تتعلق بتجارة الرقيق على الساحل الشرقي من أفريقيا والنظام المتبع لكبحها" [و‎‎٧‎٤] (٥٠/١٥)

15
vessels, but also Her Majesty's cruizers in those seas, frequently resort, it is a very strong
reason for giving junsdiction m the case of these Arab dhows to the British Consul at that
place; it might even be a matter for consideration whether the proceedings in the case of
Arab dhows captured on the East Coast of Africa ought not always to be taken before the
British authorities at Zanzibar, possibly also at Muscat and Aden; for I can conceive no
greater ^justice to a Zanzibar ship-owner or merchant, whose property has been seized in
the neighbourhood of Zanzibar, than to compel him to proceed to the Cape of Good Hope
the Mauritius, or perhaps, even, to some more distant port, to protect his property from
the "Nymphe'"~ a CaSe WhlCh haS 0nly recentl y occurred in connection with a capture by
The mclosures to Mr. Kirk's letter, which you were good enough to forward to me, I
have retained for reference, in case an application should be made by the captors for the
bounties, under the provisions of the recent Act.
I am, &c,
(Signed) H. C. ROTHERY.
Inclosure in No. 7*.
Slave Trade Jurisdiction {Zanzibar) Bill, 1869.
Explanation of the Provisions of the Bill.
THE object of this Bill is to confirm and supplement the provisions of an Order in
Council of the 9th August, 1866.
By that Order it was, amongst other things, provided, that the British Consul at
Zanzibar, in pursuance, no doubt, of concessions made by the Sultan, should, " for vessels
and persons coming within the Sultan's dominions,'' and in regard to vessels captured "on
suspicion of being engaged in the Slave Trade within those dominions, have all such juris
diction as for the time being ordinarily belongs to Courts of Vice-Admiraltv in Her
Majesty's possessions abroad."
It will thus be seen that the Order in Council refers only to vessels coming within or
captured within the dominions of the Sultan of Zanzibar; and not to vessels captured
without his dominions, and destroyed on the spot by the captors, as being unfit for a
voyage to Zanzibar or to any other port of adjudication, although these vessels also might
have been captured in pursuance of some Treaty with the Sultan.
Again, the Order in Council gives no power to the Lords of the Treasury to award
the usual slave and tonnage bounties to the captors in respect of vessels or slaves con
demned by the Consul, all the existing enactments relative to the award of bounties being
confined to those cases in which the vessel or slaves have been condemned in some
Admiralty or Vice-Admiralty Court within Her Majesty's dominions.
Nor does it regulate the procedure before the Consul, nor provide any course of
appeal from his decisions.
The objects, then, of the proposed Bill are briefly these:
I. To confirm the jurisdiction of the British Consul at Zanzibar in slave trade cases,
as expressed to be conferred upon him by the Order in Council.
II. To extend in two points only the jurisdiction so conferred :
(1.) To cases of vessels captured in pursuance of any Treaty with the Sultan of
•Zanzibar, but not being at the time of seizure within the Sultan's dominions, nor subse
quently brought within those dominions.
It is necessary to provide for such cases, as very frequently the captured vessels are
found to be unfit for a voyage to a port of adjudication, whether Zanzibar or any other,
and are therefore destroyed at sea by the captors.
(2.) To cases of vessels not entitled to claim the protection of the flag of any State or
nation, wherever they may have been captured;
Such cases are not specified in the Order in Council, but it is obviously convenient
that the Consul should have jurisdiction over them, and there can be no objection to giving
it. Moreover, it not unfreqnently happens, that Zanzibar vessels are either without flags
or papers, or when on the point of being captured throw their papers overboard ; and there
being then no evidence of the vessel's nationality, they are obliged to be proceeded against
as vessels of name and nation unknown, and not entitled to claim the protection of the flag
of any State or nation.
111. To empower the Lords of the Treasury to award the usual bounties to the