Page 240 - Gulf Precis (III)_Neat
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                           That the waters of the Persian Gulf must, in our opinion, be considered as sea and
                        subject, according to the^distance of any particular part of those waters, to the rules which
                                                                sea.
                           As to the reception of fugitive slaves on board Her Majesty's ships we arc of ooinion
                        that, in cases where the slaves have come on board within territorial waters and their
                        surrender is asked for within those waters, they ought to be surrendered. ’
                           The immunity from the law of the country and the privileges conceded to public shiDs
                           1 wilkin I**rrifrnrin 1 wafArc rnnnnf iua AnnnMni* k* __ _____ i__i . .
                                                                                   ...
                                                                                .
                        when within territorial waters cannot, we consider, be extended to   cases in which the
                                                                                       ;
                        practical result would be in the first instance to encourage aud assist a breach of the*law
                        of the country, and next to protect the person breaking that law.
                           This question was considered in Forbes versus Cochrane, 2 B. and C., pago 448 in
                        which the opinion of the Court of King’s Bench (of one Judge at least, Chief Justice Best,
                        page 465) was against the right of protection to fugitive slaves coming on board Her
                        Majesty's ships within territorial waters.
                           The same principle and authority will apply to ships not being public ships, to
                        which, whilst in territorial waters, slaves may escape, and whose surrender is asked in
                        those waters.
                           In the open sea, but upon the principle that the ship, whether public or private, is a
                        part of the dominions of the Queen, the surrender of the fugitive slave should not be 'asked
                        for, nor ought it to be conceded.
                           In either case, that of a public or that of a private ship, if the slave returns within the
                        limits of the country from which he has escaped, he will be liable to be surrendered (see
                        the slave “Grace," II., Haggard's Admiralty Reports, page 94).
                           In no case should a fugitive slave be received on board any description of ship under
                        the British flag, unless his life would be endangered, if he were not allowed to come on
                        board, and such slave should be told that he will be liable to be restored to the country
                        from which he has fled.
                           Your Lordship may, in considering the questions submitted by the India Board in
                        reference to the condition of slaves coming on board British vessels, and in any answers
                        which may be made, point out the very great difficulties which may arise in certain cases
                        of daily occurrence.
                           For instance, where a wealthy Turk and his family takes his passage from one port to
                        another in the Mediterranean on board a British ship, should the Captain actively assist
                        the slaves in landing at a port touched by the ship where slavery is not acknowledged.
                        We think the Captain should not do so, but at the same time he should not by force prevent
                        the slaves from leaving the vessel.
                           The same thing may take place with Arabs and others in the Persian Golf and the
                        same difficulty may arise.
                           So with respect particularly to the Pearl Fishery referred to in the correspondence
                        transmitted to us, the crews of all the vessels engaged might take refuge on board a
                        British ship, and if free there their master would be entirely ruined, and not only so, but
                        the interests of Great Britain be materially affected, if not destroyed for a time, by the
                        mistrust and hatred which would be occasioned.
                           Your Lordship is aware of a similar difficulty which arose between this country and
                        the United States and which is discussed by Mr. Webster and Lord Aberdeen in a corres­
                        pondence to be found in Vol. 30, State papers, page 181.
                           We have thought it right to suggest these points to Your Lordship, because whilst
                        we have a strong opinion upon the law and right in the matter, we feel that the greatest
                        care  and delicacy is required in the execution of that law and the exercise of that right.
                           Therefore the most positive instructions should be given that no fugitive slaves should
                        be received on board British ships except in cases of pressing danger and to save life.

                            131. In despatch No. 219, dated nth December 1874, the Government of
                                                      India brought to the notice of the Secre-
                                                      tary of State the practical difficulties that
                        on board any description of ship under the British might be expected tO arise if the opinions
                                                      of the law officers quoted in the margin
                        be told that he will be liable to be restored to the  were acted upon.
                        cooetry from which he has fled.
                         "Therefore the most pr sitive instructions should
                        begiveo that no fugitive slaves should be received
                        on boa<d British ships except incases of pressing
                        danger or to save life."
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