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I their former opinion, though they were still unable to assent to the proposal of
the Government of India that this opinion should—
" ('*) only apply to such ships as being technically on the high seas are nevertheless
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
-i con-
tingcncy.,#
i 139. They said that as a general principle slaves should not be misled into
the belief that they would find their liberty by getting under the British flag or
induced by the presence of a British ship to leave their own ships, if at sea, or
their employment if on shore.
140. With regard to the remaining provisions suggested by the Government
of India, the law olficers considered that as they appeared to have reference to
cases in which treaties exist they might be adopted, but that here also some
discretion should be vested in commanding officers to enable them to deal
with exceptional cases.
141. As a result of further discussion, which it is not necessary to dilate upon
Secret, April ,8,6. No,, re,.. ^ ^ foll°'™£ rU,eS i?S“ed> the
f'atiu-enu.-y uiue b^ok. slave Tr>da No. 5 Admiralty, with the approval of the Foreign
c.cdin ,epriDtfld in Foreicn Departraent Pro* Office, London (Lord Tenderden to the
: c*A^iitical a., 1883, No*. 399-305. Admiralty dated 10th August 1876) res
pecting reception of fugitive slaves on board Her Majesty’s ships :—
Reception of fugitive slaves.
To—All Commander-in-Chief, Captains, Commanders and Commanding Officers of Her Majesty's
Ships and Vessels.
The following instructions are to be considered as superseding all previous instructions
as to the receipt of fugitive siaves
In any case in which you have received a fugitive slave into your ship and taken him
under the protection of ♦he British flag whether within or beyond the territorial waters
of any State, you will not admit or entertain any demand made upon you for his surrender
on the ground of slavery.
It is not intended, nor is it possible, to lay down any precise or original rule as to the
cases in which you ought to receive a fugitive slave on board your ship. You are, as to
this, to be guided by considerations of humanity, and these considerations must have full
effect given to them whether your ship is on the high seas or within the territorial waters
of the sea state in which slavery exists ; but in the latter case ought, at the same time, to
avoid conduct which may appear to be in breach of international comity and good faith.
If any person, within territorial waters, claims your protection on the ground that he
is kept in slavery contrary to treaties with Great Britain, you should receive him until the
truth of his statement is examined into. This examination should be made, if possible,
after communication with the nearest British Consular authority, and you should be guided
in your subsequent proceedings by the result.
A special report is to be made of every case of fugitive slave received on board your
ship.
142. In 1884 rules were issued by the Marine Department of the Govern
ment of India for the guidance of Officers Commanding vessels of the Indian
Marine in respect of fugitive coming on board. The rules were not at the time
communicated to the Foreign Department,
External A., April 1892, Nos. 20*31.
and were obtained and printed only in 1892
in the collection noted in the margin. They are reprinted below
MARINE CIRCULAR.
No. 7.
GOVERNMENT OF INDIA,
Military (Marine) Department;
Simla, the 3rd June 1884.
The following instructions to Commanders of Indian Government vessels in regard to