'Précis on slave trade in the Gulf of Oman and the Persian Gulf, 1873-1905 (With a Retrospect into previous history from 1852) By J A Saldanha BA, LL B' [‎104] (112/126)

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cou^trv of r Ttt!} the r^f 0 - f t Il e British Government as respects slaves domiciled in the
treaty^eing entered'hita' ^ Same State " Which th0Se rightS Were P revious to the
f P L ro P osition t he reisnodoubtthat a slave, the moment he sets
V /h ? n , boarda ! Brltlshshi P (and for this purpose a British ship is con
sidered as British soil, is free, and cannot legally be delivered to a person who claims his
restoration on the ground of his being his slave, but such British ship must, in my opinion,
be either with,n British waters, or upon the high seas (the common property and common
f natlons )- 'fit (the British ship to which the slave makes his escape)
be at the time of such escape within the territories or within the waters of a foreign
and friendly state in which slavery is recognised as law, that general proposition
is not applicable Every state has aright to adopt such kws as it ma/think fit
and by the law and comity of nations, other nations and states are bound to pay respect
to .hose laws, whenever they or their subjects are within the territories of such nation or
state and upon this latter principle, I am of opinion that inasmuch as at the time the
ic n slave made escape to the Chve he was within the waters of the Arab Chiefs'
, . . . . . country, he (the slave) was subject to the laws
the ' 10 ' is ° f tlla 'Chief's country, and the ' Commander of
the (Jive was bound to respect* to those
laws ^ave to the mastw nv^r • ' aws » anc ' to recognise the rights which those
slave, if called upon by the masted todo"" ^ WOrdS ' he bOUnd t0 deIiVer Up the
'■The case of Forbes versus Cochrane, 2 Barn, and Cres. 448, mieht at first sight aimear
to militate against my opinion, in,hat case certain slaves ^^fed from their maste
(who was the owner of a eotton plantation in East Florida where LverrwafrLoSd
by law) to a British ship of war on the hicrh Tl^ a j 7 r f ^ g z . cl
der of the shin that thJC k j , g , . . lhe master demanded of the Commah-
not beino- complied with he bm 6 1 1 'X tre( ^ U P to ^ lr ^> an ^ m consequence of that demand
Kind's Bench dedded that thp f" hlS f^ 10 " the Comma nder. The Court of
ConTmande" was justified in not delivering 11 up ^he "sfave^' 06 ^)!! 1" ^ 'H 6
lacfr^'s; wiu be
Florida at^he^time the^laves made^lfei^escape to^'it! 111 territ0rieS ^ast
re arks The moment they (the slaves) put their feet on board of a British man-of war
he grt out of the local limits: ' ^ ouea the local lavv 15 got rid of the moment
, . i \ Up . 0n ,, the ^ s tinctIon adverted to that my opinion is founded The British
nf Fa^f F slave s escaped in Forbes versus Cochrane was not within the waters
t
the^rfohts^o^^mas^r tlme 'bf s ' ave ' s escape to it, where the status of slavery and
and law n^hSi^S^S l^ffw\icr^?rbero d re a \Sr:d hiC h h e Sta 4 U :
^tl"?S^veXT 6 ^ t0 10 the demMd 0f the BahSef^rX
Soli c 'to i No re irQo n of P ara g r fP h of Mr. Anderson's letter to the Government's
solicitor, l\o. 4190 of 1858, and the general legal question therein put, namely, whether 'a
slave escaping from his master to a British ship of war in a port where S7is a reco-
sa^d abovef i^the ^ffirmaC ^ 1Ven up / ">7 op'nion is (as may be collected from what I have
said above) m the affirmative, namely, that he can be legally given up."
frnm T R W v d u 1 A 6 CioSe Apr ' 1 l8 S9. information having been received
from the British Agent at Shargah respecting vessels that had proceeded to
Berhera and the Afncan Coast from Ras-e!-Khy m a and Am u lgavine°the Res°
n addressed the Commoaore on the subject with a view to his detaching
vessels of his squadron for their interception on return. oetacning
Commodore Jenkins at once acted on the requisition, and having accom-
pamed the Resident on his annual tour of the Gulf as far as Maskat parted
f °T a " y ' aild proceeded in person in the corvette Falkland to superin-
PUrSU . 1 - of . slavers - H er Majesty's Brigantine likewise
made 0 to dw 0n ""T No . twlth 1 standln g. however, that every exertion was
made to discover vessels carrying slaves, though no less than 40 or 50 vessels