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
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...
.
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."