'Papers Respecting the Slave Trade on the East Coast of Africa and the System Pursued for its Suppression' [‎39v] (18/72)

18
' The first is, that he was not specially and personally appointed Judge. No one was.
The Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. simply provided that Her Majesty's Consul should exercise Vice-
Admiralty powers, and the explanatory clause stated that the word Consul should include any
person exercising the functions of Consul (I quote from memory, as 1 have no copy here).
Therefore, Dr. Seward was as competent to dispose of such cases as 1 or any one else
could be. Aeain, he doubts whether captures made under the Treaty, can be adjudicated
in Zanzibar. It appears to me beyond question that the Treaty which authorizes us to
seize slavers also contemplates their adjudication, and that Her Majesty has as much right
to establish a Vice-Admiralty Court at Zanzibar as one for the administration ot ordinary
civil and criminal justice. n ^ i ^ j-
If a vessel, even owned by a subject of the Sultan, be captured for slave-trading on
the high seas, in virtue of the Treaty, it may surely be adjudicated in any competent
Court, and the establishment of one at Zanzibar, instead of being regarded as a grievance,
should be hailed as a proof of our desire to give the accused a fair hearing; formerly a
prize was destroyed first, and adjudicated afterwards, in the absence of those concerned,
now it would be brought to Zanzibar for adjudication, and all concerned would have a tair
Dr. Seward makes the remarkable statement, that if such cases are to be submitted to
the new Vice-Admiralty Court, it will be a virtual extension to a British official on shore
of that arbitrary power which naval officers may wield at sea. As well may he say, that
because a criminal in England should not be tried and condemned by the police, therefore
he ought not to be tried and condemned by a magistrate. . . . , , • . t .
The Royal Navy ought not to have anvthing approaching to judicial functions; the
Consul ought. The Naval Officer being the captors, and pecuniarily interested in the
capture ought to have no voice in its condemnation; while the Consul is presumed to be
an officer of experience and integrity, with no interest in the capture, and therefore a
proper person to exercise judicial functions.
Inclosure 9 in No. 15.
The Secretary to Government, Bombay, to the Secretary to the Government of India,
g* r Bombay Castle, April 30, 1868.
IN continuation of the letter from this Department, dated the 22nd January last,
regarding the establishment of a Vice-Admiralty Court at Zanzibar, I am directed to
forward, for submission to the G-overnment ot India, the accompanying copy of a letter
and of its inclosures, dated the 3rd March, 1868, from the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Zanzibar.
I have, &c.
(Signed) W. WEDDERBURN,
For Secretary to Government.
Inclosure 10 in ISTo. 15.
The Government of Bombay From c. 1668-1858, the East India Company’s administration in the city of Bombay [Mumbai] and western India. From 1858-1947, a subdivision of the British Raj. It was responsible for British relations with the Gulf and Red Sea regions. to Sir S. Northcote.
(Extract.) .
WE also forward, in continuation of the proceedings reported in our despatch
dated the 26th May last, copy of a letter from Mr. Churchill, reporting the departure for
Paris of Her Highness the Queen Fatima of Mohilla, to complain of the proceedings of the
French naval authorities to the Emperor. Transcript of a letter dated the 23rd May last,
from the Acting Assistant Resident in Charge, Aden, reporting his proceedings in connec
tion with the arrival at that place of Queen Fatima on her way to Paris, is also inclosed for
the information of Her Majesty's Government