Page 241 - Gulf Precis (III)_Neat

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132. It was pointed out that under the 1st Article of 1873 with Oman " all
persons hereafter entering the Sultan’s dominions and dependencies shall he free,”
and it was argued that unless fugitives were allowed to come on board and tell
their story some might be rejected who were held as slaves contrary to the treaty.
i'13. The paragraphs quoted could not, it was said, be literally construed
without the risk that the policy of Government would be violated in practice.
Slaves escaping to the shores of India across the Arabian Sea would be received,
and it seemed inexpedient that a British ship in the middle of the Arabian Gulf
or a few miles from the Indian coast should be prohibited from receiving them.
Again a ship might be riding in the territorial waters of a country which by
treaty with the British Government is a free country. Fugitives setting foot on
the soil of that country would be free, and there appeared to be no reason why
similar fugitives should be forbidden to come on board a British ship riding in its
territorial waters.
134. Accordingly the following provisions were suggested lor considera­
tion :—
(a) That with regard to ships on the high seas the opinion quoted
should only apply to such ships as being technically in the high
seas are neverthless practically brought into close contact with the
owners of domestic slaves.
(£) That it should not apply to ships riding in the territorial waters of a
free country except in a similar contingency.
(c) That in the case of territories which are by Treaty partially free or on
the road from a state of slavery to one of freedom it is necessary
for the due maintenance of our treaties that fugitives should be
received in the first instance.
(d) That if it is clear that they do not fall under the terms of the treaty,
they should be restored to their lawful owners or to the public
authorities.
(e) That if it is not clear whether they fall under the terms of the treaty
they should be surrendered to the public authorities for the pur­
pose of a proper enquiry.
(/) That a representative of the British Government should be a party to
the enquiry.
(g) That if it is clear that they do not fall under the terms of the treaty,
they should be set at liberty.
(/;) That the burden of proof lies on the fugitive who is de facto a slave,
and should show that he is made so contrary to the treaty. When
the case remains in doubt, the benefit of the doubt should be given
to the owner.
135. The Secretary of State now forwarded the opinion of the law officers
of the Crown on the points suggested by the Government of India and above
cited.
136. The law officers referring to their former opinion stated that it was
for general guidance and not necessarily
Pol itical A., Juljr 1874, No. 184.
applicable to cases where special circum-
stances exist.
137. For instance in the case of receiving fugitive slaves on board British
ships within the territorial waters of Oman the provisions of the treaty must be
taken into consideration quite as much as the avoidance of anything that could
be interpreted into an encouragement of breaches of the law, and commanding
officers must be allowed discretion whether it is not expedient to receive slaves
pending an enquiry whether by the terms of the treaty they are entitled to their
freedom or not.
138. Practically therefore they have modified the absolute prohibition against
receiving slaves, except in cases of pressing danger or to save life, recorded in
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