'Précis of Maskat affairs, 1892-1905; In two parts: Part I 1892-1898; Part II 1899-1905 By J A Saldanha, BA, LL B' [‎48] (64/176)

48
and northern Arabia, and the thing is done. They conld be tried in suspicious cases before
the Vice-Admiralty Courc of Znnzibar where the French Consul should sit as Assessor, or
Secret) June 1874, No, 228. 5f f0 . re „ V' 6 FrenCh authorities at Maj'otte Or
Nosi Beh.
Sir Eartle Erere refers to the regulations under which the French flag was
given. These regulations I have not been able to trace,
22 i. In January 1874 the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Zanzibar, reported the follow-
Poiitic.1 A., Jul, 1874, Ko,. 265-266. in S case and askea for instructions
,f Whether the subjects of a Native State in India carryins" on business at Nossibe or
elsewhere within the French possessions in East Africa, but residing 1 temporarily at Zanzibar,
is amenable to the provisions of article IV of the treaty of 5th June 1873, or, in other words,
whet her such a person is protected by the French flag ashore as well as afloat, if suspected of
being concerned in the slave-trade."
The circumstances of the cases were as follows :—
"On 30th December last the protection of this Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was claimed by an African lad,
who stated that he was detained as a slave against his will by a native of India. On sending
for the Int'er I ascertained that he was a pu^jact of the State of Jamuneggar in Kathyawar,
that he had for some years resided at Nossible in Madagascar, that the vessel in which he
camp to Zanzibar was under French colors, and the agreement with the crew (to which com-
Noinant was alleged to belong) was drawn up in the presence of the French authorities at
plassible, and was then lodged in the French Consulate at this port/'
223. Dr. Kirk applied to the French Consul in the matter, but
u received an official reply from M. Guillois in which that gentleman declined to afford
me any information on the subject, on the ground that the affair was exclusively a French
shipping question in which the authorities of no foreign power had a right to interfere."
2^4. In a private note M. Guillois wrote :—
1 ai cru devoir officiellement vous ecries la note ei-jointe rraintenant je vous dirai
officiensement que la question purement maritime a ete reglee entie la negre et I'lndien quant
a I'accusation de Tesclavaore, je nai pas m'ocenpar; le negre et Flndien n'etmit francais ni Turn
ni I'autre leconsulat de France n'a pas s'immiscer daus une question de ce geure sur une
territoite qui n'est pas francais."
This, as Dr. Kirk remarked, was tantamount to declaring that no obstacle
whatever would be placed in the way of Indian subjects running slaves between
Madagascar and Zanzibar under the French flag.
2-5. Ibe Indian Government obtained the opinion of the Advocate
General on the subject ; his opinion concluded thus
41 Had the French Consul, on the matter being referred to him, enquired into the facts
a n j ascertained that the African lad was in reality a slave, whom the owner of a vessel sailing
under French colors was about to remove shortly from Zanzibar under a colorable agreement he
would have been bound to discharge the lad from the performance of the alleged mar.time
contract over which, as a shippmg question, he had, on his own showing, exclusive jurisdistion.
. J' ? adh . e d0n ! l 80 ' t !- Br ^ ^-1 wouldhave been clearly entitled to invoke the aid
of the Zanzibar authorities calling the^r attention to the treaty, and these authorities in all
probability has satisfactorily disposed cf the charge of slavery and liberated the lad On
the whde, then it ts dew (hai nrihst aerti exists in future save better understanding between
the Enghsh and Irench author^ ah()l ; sk sl altogether, it it be
A Wcan lad's name was borne on the
ship s articles as a matter of fcrm.
• In a ket te r and more suitable understand : ng cannot he arranged, it will be advisable if a
similar ease occurs, to refer it to the authorities at Zanzibar for decision lead, J it to the
French Consul to ree:st the application if so mioded. Such a deci,-ion'would either brW
Treaty/ ' PI0Per ttrmlnatl0u ' or 6™und tor amendment of Ihe e^Snf
The matter was referred to the Secretary of State, but no reply was awa-
rently received to the communication. 1 y ^
(ii) General act of the Brussels Slave Trade Conference, 1890.
^ 26 ' ^1? liave n . ow to ^ ee ll0w the a ^ ove affected the French Fla^
question. The provisions that bear upon the question are the following 0
ARTICLE XXX.
The signatory powers undertake to exercise a rigorous watch f" "\
the native vessels authorised to carry their fla.. i n the zone^indioat pH in a f - / v vi 6 i 0ver
the commercial operations carried on by euch rebels Art,Cle XX1 and 0Ver