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11. We now pass to the consideration of the case at Bahrein alluded to in
the earlier part of our narrative.
12. Whilst Her Majesty’s sloop of war Clive, hearing the broad pendant
of Commodore Jenkins, C.B,, was off the island of Bahrein, a slave lad conceal­
ing himself in one of her cutters that visited the shore, found his way to
the vessel and there remained secreted until a representation reached Lieutenant
Disbrowc, the Assistant Resident, at that time on board the Clive, to the
effect that the lad having been missed and traced to the flag-ship his restoration
was solicited.
13. The Assistant Resident after satisfying himself that the case was
actually as represented, and that the slave, moreover, was not one of recent im­
portation, conceived it to be his duty, as the sloop of war was lying at anchor
in Bahrein waters when the lad set foot upon her deck, and was still in Bahrein
waters, now an appeal had been made respecting him, to request his surrender
from Commodore Jenkins. The latter officer pained at the idea of a human being,
who had fled to his flag to obtain freedom, reverting to a state of bondage, whilst
consenting on the one hand to restore him to the Assistant Resident, stated his
Vidt letter from Commodore Jenkins, C n, to OpilllOn on the Other—I quote his Own
Lieutenant Disbrowc,dated s -ptenoer 14,1858 words—" that a slave became free the
moment he stood on British ground or on the deck of a British ship of war, and
therefore the African in question must have become free. ’*
14. Other observations he offered and brought prominently to the notice of
Lieutenant Disbrowe who, notwithstanding his willingness to defer generally to
the better judgment and greater experience of Commodore Jenkins, could not in
the present instance, however, bring himself to the belief that the detention of the
lad would in any way be legal or justifiable. Demand for his surrender there­
fore duly pointed out to him must be persisted in, and this course, however re­
pugnant to his feelings, he adopted without delay. The slave was delivered
into his hands, and by him to the Bahrein Chief, not, however, until, as a pre­
cautionary measure, care had been taken to obtain a written pledge under the
Vide letters dated September 14 and 15, rejpec* Chief S Seal that the lad should be ilUme-
ti*eij.fr<im As*i-c*nt Reiiddn; Disbrowe to Cjmmo- dtely re-delivered to British authorities if
Resident's despatch to Secretary to ."overnment presenty claimed by the Political Resident
o( Bombay, No. 320 o( September 21, 1858. or the Indian Government, and further
that he would be treated with kindness and humanity whilst in charge ot his
master in Bahrein Island.
15. Captain Felix Jones on receipt of a report in detail of the affair express­
ed his concurrence in the views adopted by his Assistant, and wrote at length to
Her Majesty's Government of Bombay on the subject. He dwelled more
particularly on the fact of our harbouring runaway slaves in instances like the
present as being opposed both to the spirit and the letter of our treaties,
and likely besides to be construed, that too with a shew of justice, into an
arbitrary mode of procedure on our part calculated rather to defeat than to advance
our endeavours to suppress slavery.
16. In due course a reply was received accompanied by an opinion that had
No. 44.9 of December 2i ,848. f,om Mr. s.=ro- been recorded by His Britannic Majesty’s
tary Anderson to Capuin Felix Jones, with enclosure Advocate General at Bomoay On the SUb-
No. 51 of 1858. ject. The iatter document being interest­
ing in its details, and giving moreover what appears to be a lucid solution of the
point disputed, we subjoin it verbatim and entire.
17. Mr. Arthur J. Lewis, the learned Advocate, wrote thus
" l have read the correspondence relating to the demand for the surrender of the
African slave who had escaped to, or taken refuge onboard, the Honourable Company’s sloop
of war Clive and 1 am of opinion that the view taken of the subject by the Assistant
to the Resident in the Persian Gulf, concurred in by the Resident, is the correct view,
** I have perused the treaty entered into between the British Government and the
Chief of the Island of Bahrein on the 8th of May 1847, and it is clear that none of the
provisions of that treaty affect the present question. That treaty prohibits the exportation
of slaves from the roast of Africa after the 10th of Decemher 1847, and reserves to British
cruisers the right of detaining and searching vessels suspected of being engaged in the slave