'Further Papers respecting the Slave Trade on the East Coast of Africa and the System Pursued for its Suppression' [‎84v] (36/50)

36
3. As to the Destruction of Vessels. (Articles 60, 61.)
These Articles give authority to the officer to destroy a vessel which on search he
•Tpffto he eiLLed in or equipped for, the Slave Trade, if, after survey held, it
appears that she if lot in a suffleiently seaworthy eondition to be sent to a port of
adjitotion that ^ de5t ti of a vessel is only to be
resorted to as an extreme measnr?. Nothing will excuse the ofhcer m not sending in the
vessel to a port of adjudication, except facts showing satisfactorily that doing so would
ha Tnt£^^ - t0 "
vessels^—- ^ ^ sp i c i on an d aie unable to send bar
into the proper port of adjudication, you will not destroy her wrthont (rf Parable)
having first ascertained at the nearest Zanzibar port, by inquiries from Her Majesty s
Consul and others, that she was engaged in, or equipped for, the Slave Trade.
You are also strictly to observe all similar Articles with respect to vessels of other
nationalities to be found in the Special Instructions.
4. As to the Port of Adjudication. (Articles 63, 65, 389.)
The two first-named of these Articles prescribe the general duty of forwarding the
detained vessel with as little delay as possible to the port of adjudication, and direct the
officer to refer to the Special Instructions to ascertain the proper port.
The 389th Article, referring to Zanzibar vessels only, is as follows
" The proper port of adjudication for a Zanzibar vessel is the nearest or most acces
sible port at which a British Admiralty or Vice-Admiralty Court is established.
Since the issuing of these instructions, certain powers have ^era conferred on Her
Majesty's Consul at Zanzibar, by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of 9th August, 1866, and the statute
32 and 33 Vict., cap. 75.
The 29th section of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. is in these words.
" And it is further ordered, that Her Majesty's Consul within the dominions ot the
Sultan of Zanzibar, shall for and within the said dominions, and for vessels and persons
coming within those dominions, and in regard to vessels captured on suspicion ot being
engaged in the Slave Trade within those dominions, have all such jurisdiction as tor the
time being ordinarily belongs to Courts of Vice-Admiralty in Her Majesty s possessions
abroad." , « j i.* • •
The Act of Parliament extends the Consul's power; for the 2nd section is in these
terms I——" "j"
" Her Majesty's Consul at Zanzibar for the time being shall have, and shall be deemed
to have always, since the commencement of the said Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , had, all such j uris "
diction as ordinarily belongs to Vice-Admiralty Courts in Her Majesty's possessions abroad
in regard to vessels captured on suspicion of being engaged in, or equipped for, the Slave
Trade, in the following cases:— . ^ rp
" (1.) Where a Zanzibar vessel shall have been captured in pursuance of any ireaty
with the Sultan of Zanzibar, either within or beyond the dominions of Zanzibar;
"(2.) Where the vessel captured shall not be entitled to claim the protection of the
flag of any State or nation."
Officers will therefore observe that:—
(1.) All vessels captured in Zanzibar dominions are to be taken for adjudication to
Zanzibar:
(2.) All Zanzibar vessels, wheresoever captured, and all vessels, wheresoever
captured, which shall not be entitled to claim the protection of the flag of any State or
nation, are to be sent for adjudication to Zanzibar, if that be the nearest or most accessible
port at which a British Admiralty or Vice-Admiralty Court is established. In cases
where the vessel is run on shore and wrecked, or is destroyed as unseaworthy, the same
port of adjudication is—excepting in very special circumstances, to be resorted to for pro
curing the Decree of Court, as that to which the vessel ought to have been sent if in a
seaworthy condition when captured; more especially is this to be observed where persons
are found on board the vessel.