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fugitive slaves seeking the protection of the British flag on board ships of the Indian Marine
are promulgated for general information and guidance
l. In all cases of a fugitive slave having been received on board an Indian Government
ship and taken under the protection of the British flag, whether within or beyond the
teriitorial waters of any State, the Commander will not admit nor entertain any demand
made for his surrender on the ground of his being a slave.
а. Fugitive slaves, who come on board Indian Government ships, are n -t to be entered
on ship’s books in any rating.
3. It is not possible to lay down precise rules as to the cases in which a commander
should receive a fugitive slave on board his ship. He must be guided by his own judg
ment and by considerations of humanity; and these considerations must have full effect
given to them whether a ship is on the high seas or within the territorial waters of a State
in which slavery exists : but in the latter case, he should be careful to avoid conduct which
might appear to be in breach of international comity and good faith.
4. If any person within territorial waters claims protection on the ground that he is
kept in slavery contrary to treaties with Great Britain, the Commander 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 the Com
mander should be guided in his subsequent proceedings by the result.
5. Slaves should not be removed from shore and then treated as fugitives. If, in any
exceptional cases, their removal slnuld seem to be required by considerations of humanity,
the Commander, who under such circumstances receives a slave- on board, should be pre
pared to compensate the owner for the loss of his slave.
б. Where a slave is received on board as a fugitive within territorial waters on the
ground of alleged ill-treatment by his master, his reception should, in the first instance, be
regarded as provisional, until inquiry can be made.into the truth of the slave’s story either
by the officer receiving him or by the nearest British Consular authority. Should it be
decided to take him under the protection of the British flag in a port where there is a
British Consular authority, such authority should always be consulted as to his ultimate
disposal.
7. A special report is to be made of every case of a fugitive slave received on board
an Indian Government ship, in which the Commander will give full particulars of the cir
cumstances under which the slave was received on board, stating whether the locality in
which he was received was within or beyond the territorial jurisdiction of the couutry on
the coasts of which his vessel may be cruising.
8. In all cases which may arise affecting the relations of a Commander with the
authorities of a foreign State, it will be his duty, when practicable, to consult in the first
place the Diplomatic 01 Consular Representative of the British Government at the nearest
port.
G. Chesney, Colonel,
Secretary to the Government of India.
Reception of fugitive slaves under Conference Act, 28go.
143. The Brussels Conference Act, 1890-r-Article XXVIII provides:—
“ Any slave who may have taken refuge on board a ship of war flying the flag of one
of the Signatory Powers shall be immediately and definitely freed; such freedom, however,
shall not withdraw him from the competent jurisdiction, if he has committed a crime or
offence at common law.”
Surrender of a fugitive slave at Abu Thabi, tgo'j.
144. In April 1902, Major Cox (then Political Agent, Maskat) undertook a
journey from the Pirate coast to the Mas
External A., January 1903, Nos. 1*4.
kat coast by the interior of Oman, and
sailed for this purpose to Abu Thabi on H. M. S. Redbreast. On his landing at
the place, a slave boy belonging to a kinsman of the Shaikh of Abu Thabi took
refuge on the vessel. Major Cox was at the time a guest of the Shaikh,
and a dangerous journey through the interior of Oman could not be under
taken without his goodwill and guarantee of protection. To give, in the !
circumstances, shelter to a slave of one of his kinsmen, and liberate him,
would, Major Cox feared, noto-dy be regarded as a breach of hospitality, but ;
rouse the'indignation of the Shaikh and the Arabs, and the intended journey
would have to be given up altogether. “ In fact,” writes Major Cox, “had
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