ADEN. TREATIES, &c., between the British Government of Aden and the neighbouring Chiefs, relative to Wrecks, Slave Trade, &c. 1871-1873. TREATY with the Sultan of the Lower Bolakees for the protection of British Vessels wrecked on the Bolakee Coast.* Aden, May 30, 1871.† (Translation.) The reason of writing this is as follows: WHEREAS on the 14th day of October, A.D. 1855, answering to the 2nd day of Safar, A.H. 1272, a Treaty was entered into between Sultan Munassar bin Abdoolah-bin-Mehdee the Bulakee, and Sultan Boo Beker bin Abdoolah-bin-Mehdee, on the one part, and Brigadier William Marcus Coghlan, Political Resident at Aden, on behalf of the British Government, on the other part, for the suppression of the traffic in slaves from Africa; and whereas it is expedient that the friendship which is now existing between these parties should be still further augmented, therefore we, whose signatures and seals are hereunto annexed, both ratify the covenant entered into as aforesaid, and further do agree to the conditions hereinafter specified, that is to say: peace ART. I. That there shall be perpetual friendship and between us and the British Government and allies thereof. II. It is incumbent upon us to keep the roads within our territories, and the sea-shore thereof, secure and peaceful. III. If any ship belonging to the British Government, or to the subjects thereof, or to the Government of any other State, or to the subjects thereof, shall be wrecked upon our shores, it is incumbent upon us to protect the same, and to render all the assistance in our power to the crews and passengers, and to treat them well. IV. It is incumbent upon us to conduct the crews and passengers as aforesaid to Aden in safety, as well as all the property which may belong to them, and it shall be at the discretion of the British Government to recompense us for our trouble as they may deem fit. V. If any seaman belonging to a vessel anchored in the harbour of Aden, or in its vicinity, or if any soldier belonging Ratified, at Calcutta, by the Governor-General of India, December 11, 1871. "London Gazette," February 13, 1872. See Vol. 13. Page 9. VOL. XIV. B to the garrison of Aden, shall desert and take refuge in our territories, it shall be incumbent upon us to convey him in safety to Aden, and to deliver him up to be dealt with as the authorities may deem fit. VI. This engagement is binding on me, my successors, and descendants, and on all my tribe, and is fully made and entered into on their behalf with the British Government. Written at Aden, this 30th day of May, A.D 1871, answering to the 11th day of Rabi-ul-Awal, A.H. 1288. C. W. TREMENHEERE, Resident at Aden. Seal of Sultan: (L.S.) ABOO BEKER-BIN ABDULLAH BIN MEHDEE, the Bulakee. ENGAGEMENT of the Nukeeb of Maculla, for the Abolition of the Slave Trade in his Dominions. Signed at Maculla, April 7, 1873. WHEREAS under date 14th May, 1863,* A.D. (25th Dhil-kaada, 1279 A.H.), a solemn Agreement was entered into by me, Silah bin Mahomed, Nukeeb of Maculla, with Brigadier William Marcus Coghlan, covenanting to abolish and prohibit the export or import of slaves from or to any part of my territory, from or to any other place, whether in Africa or in Asia, or elsewhere. And whereas his Excellency Sir Henry Bartle Edward Frere, G.C.S.I., K.C.B., Her Britannic Majesty's Special Envoy, has now impressed on me the advantages of adhering in perpetuity to the terms of the said Agreement: therefore and accordingly, I, Silah bin Mahomed, Nukeeb of Maculla aforesaid, on behalf of myself, my heirs and successors, do hereby solemnly confirm and engage to be bound by the terms of the aforesaid Agreement of 14th May, 1863. Done at Maculla, this 7th day of the month of April, in the year of Our Lord 1873. Witnesses: H. B. E. FRERE, Special Envoy. LEWIS PELLY, Colonel, Political Resident in the Persian Gulf. ENGAGEMENT of the Jemadar of Shuhr, for the Abolition of the Slave Trade in his Dominions. Signed at Shuhr, November 17, 1873. THIS 17th day of November, A.D. 1873, answering to the 26th day of Ramadhan, A.H. 1290, I, Abdoollah bin Omar Ali *See Vol. 13. Page 687. Kaiatee, Ruler of Shuhr, engage with the great English Government to abolish and prohibit the import and export of slaves to or from the port of Shuhr and all the dependencies thereof, from or to any other place in Africa or Asia, or elsewhere; and whereas his Excellency Sir Henry Bartle Edward Frere, G.C.S.I., K.C.B., Her Britannic Majesty's Special Envoy, has impressed upon me the advantage of adhering in perpetuity to the terms of the Agreement entered into by Ali bin Najee, Nakeeb of Shuhr, with Brigadier William Marcus Coghlan, on the 14th day May, A.D. 1863, answering to the 25th day of Dhil-kaada, A.H. 1279, therefore I and my brothers, Awadh and Salih, on behalf of ourselves, our heirs and successors, do hereby solemnly confirm and engage to be bound by the terms of that Agreement. ABDOOLLA BIN OMAR ALKAIATEE, KATUBH * AWUZ BIN OMAR ALKAIATEE, SULTAN (in Arabic.) J. W. SCHNEIDER, Brigadier-General, Political Resident at Aden. W. F. PRIDEAUX, Assistant Resident at Aden. (L.S.) NORTHBROOK. Ratified by his Excellency the Viceroy and Governor-General of India, at Calcutta, on the 11th day of February, 1874. C. U. AITCHISON, Secretary to the Government of India, Foreign Department. ACT of the British Parliament, for regulating and extending the Jurisdiction in matters connected with the Slave Trade of the Vice-Admiralty Court at Aden, and of Her Majesty's Consuls, under Treaties with the Sovereigns of Zanzibar, Muscat, and Madagascar, and under future Treaties. [36 & 37 Vict., cap. 59.] [August 5, 1873.] WHEREAS Treaties for the more effectual suppression of the Slave Trade have been made by or on behalf of Her Majesty with Chiefs or States in Arabia, and on the shores of the Persian Gulf, and on the East Coast of Africa, and in the islands of Madagascar and Zanzibar, and the Comoro islands: And whereas by the Foreign Jurisdiction Act, 1843 [cap 94],† it was among other things enacted "that it is and shall be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty now hath or may at any time hereafter + Sce Vol. 6. Page 500. * See Vol. 13. Page 687. have within any country or place out of Her Majesty's dominions in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory:" And whereas by various Treaties Her Majesty is empowered to exercise jurisdiction within the dominions of the Sultan of Zanzibar, the Imaum of Muscat, and the Sovereign of Madagascar, in regard to vessels captured on suspicion of being engaged in the Slave Trade: * And whereas by an Order in Council relating to the dominions of the Sultan of Zanzibar, and dated the 9th day of August, 1866, and another Order in Council relating to the dominions of the Imaum of Muscat, and dated the 4th day of November, 1867,† and a third Order in Council relating to the dominions of the Sovereign of Madagascar, and dated the 4th day of February, 1869, it was in each case ordered that Her Majesty's Consul within the dominions to which the Order relates should, for and within the said dominions, and in regard to vessels captured on suspicion of being engaged in the Slave Trade within those dominions, have all such jurisdiction as for the time being ordinarily belongs to courts of Vice-Admiralty in Her Majesty's possessions abroad: And whereas a Vice-Admiralty Court has been established at Aden, but has only a limited jurisdiction in matters relating to the Slave Trade: And whereas by "The Slave Trade Jurisdiction (Zanzibar) Act, 1869" [cap. 75],§ provision was made for the exercise of the said jurisdiction by Her Majesty's Consul within the dominions of the Sultan of Zanzibar: And whereas it is expedient to make further provision for the exercise of the said jurisdiction by Her Majesty's Consuls within the dominions of the Sovereigns of Zanzibar, Muscat, and Madagascar, and for the exercise of jurisdiction in matters relating to the Slave Trade by the Vice-Admiralty Court at Aden: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Slave Trade (East African Courts) Act, 1873." 2. In this Act The term "vessel" means any vessel used in navigation: The term "Treaty" includes any Convention, agreement, engagement, or arrangement: The term "foreign State" includes any foreign nation, people, tribe, Sovereign, Prince, chief, or head man: See Vol. 12. Page 972. See Vol. 12. Page 1181. § See Vol. 13. Page 1016. See Vol. 13. Page 624. The term "existing East African Slave Trade Treaty" means a Treaty made by or on behalf of Her Majesty with any foreign State in Arabia or on the East Coast of Africa, or the shores of the Persian Gulf, or in any island lying off Arabia, or off such coast or shore, including the islands of Zanzibar and Madagascar and the Comoro islands, for the more effectual suppression of the Slave Trade, and in force at the passing of this Act: The term "East African Courts" means the Vice-Admiralty Court at Aden, and any of Her Majesty's Consuls within the dominions of the Sovereigns of Zanzibar, Muscat, and Madagascar, when exercising jurisdiction in pursuance of the recited Orders in Council. 3. All jurisdiction which is by any Act conferred on the Vice-Admiralty Courts in Her Majesty's possessions abroad, in regard to British vessels seized by the commander or officer of any of Her Majesty's ships on suspicion of being engaged in or fitted out for the Slave Trade, and in regard to the persons, slaves, goods, and effects on board thereof, is hereby conferred on the East African Courts, in regard to vessels seized by the commander or officer of any of Her Majesty's ships on suspicion of being engaged in or fitted out for the Slave Trade, and to the persons, slaves, goods, and effects on board thereof, in the following cases; namely, (1.) Where the vessel seized is a British vessel; (2.) Where the vessel seized has been seized in pursuance of any existing East African Slave Trade Treaty; and (3.) Where the vessel seized is not shown to the court to be entitled to claim the protection of the flag of any foreign State. Each of the East African Courts shall have the same jurisdiction in regard to any person who has been seized either at sea or land, on the ground that he has or is suspected to have been detained as a slave, for the purpose of the Slave Trade, as the court would have under this section if he had been so detained on board a vessel that was seized and brought in for adjudication. All jurisdiction exercised under this section shall for the purposes of any such Act as above mentioned be deemed to be exercised in pursuance of that Act. 4. The provisions of the Vice-Admiralty Courts Act, 1863 [cap. 24],* with respect to appeals to Her Majesty in Council from any decree or order of a Vice-Admiralty Court shall apply, mutatis mutandis, to appeals from any decree or order of the East African Courts made or purporting to be made in the exercise of their jurisdiction under this Act. 5. The provisions of the Vice-Admiralty Courts Act, 1863, with respect to rules touching the practice to be observed in * See Vol. 12. Page 1007. |