‘Précis of correspondence relating to Zanzibar affairs from 1856 to 1872. Prepared by Captain P D Henderson, attached to the Foreign Department’ [‎96r] (31/114)

91
Arbitration of Government of India-
ication to Lord Aberdeen,
his empire by constitut-
der the sovereisnty of his
1 for int'erriDg that on the
i behalf of his fourth son
outweig-hs the argument
,lly made, or prospectivelv
norships to one or more of
the late Syed Saeed, in
is dominions, or of dispos-
Jadger's official interviews
^ requested to adduce one
lan, or to explain how it
uccession in the existing
apreme power successfully
uible, admitting that the
1 tribes generally choosing
sed the greatest power to
i in exact accordance with
the mode of succession to
iribes, is the only right/
ted/
g his former use of the
he says—' By the terra
by the Arabs of Oman,
mam evidently considered
ed, from having, during
• thus nominated were not
And again—' I think if
lot acceptable to the Arab
lect as their ruler a person
or three examples adduced
r ed Hilal, just mentioned;
lisinherited implied his ex-
y by election, his father at
nfirmation in that dignity
e late Syed Saeed, and the
ded his dominions during
his seventh and youngest
^ to the incessant struggles
3 small provinces above-
is highly improbable, from
ver, that Ahmed's original
Dm the paramount state,
tenure, their " syuds," or
lied upon to do so.
Oman, to whom the late
-operated with him in the
ngdom, might not justly
igby writes—' The late
of Africa chiefly through
requently sent envoys to
1 ever occur to any Arabs
nt of the African posses-
^ at the absolute disposal
i ships of war, arms, &c.,
pinion/
ty chiefs were undoubtedly
n Africa; but it is equally
d Mombasa, as also over
v ^
several other localities on the African Continent, in virtue of his having been elected to succeed
his father Syed Sultan, who had conquered them from the Portuguese. Hence, as the suffrages
of the tribes of Oman contributed to invest the late Syed Saeed with supreme authority
over those dependencies, it is but reasonable to suppose that the tribes at the present
day claim the same privilege still. And further, as Syed Sultan does not appear to have
arrogated to himself the right to dispose of the foreign possessions of the kingdom, there is
no valid ground for presuming that his son could legitimately exercise that prerogative.
"Moreover, the argument drawn from a comparison of t.he sovereign's right to dispose of the
sovereignly, because the property of the State was considered to form part of his private estate,
is fallacious. The sovereignty, as we have seen, depended on election, and, strictly speaking,
the State property of Oman was confined almost exclusively to the fortresses of the kingdom,
which a successor generally inherited, though not unfrequently obliged to coerce some of the
garrisons to rc-ognise his supremacy. All other movable and immovable property, including what
he originsally possessed, as well as what he had added thereto during his reign from the public
revenue, were held as belontring to the private estate of his predecessor. Such undoubtedly is,
and ever has been, the law of inheritance in the .succession among the Imams and kings of Oman,
and it. serves to explain what otherwise seems most anomalous in the will of the late Sultan Sved
Saeed. By that instrument the testator directs that, after the payment of certain legacies,
all his property, including his ships of war (two only excepted, which are bequeathed to
the "Treasury of the Mussulmans/' that is, to the State), his money, palaces, furniture,
plantations, &c., shall be divided among his surviving children 'according as God has
ordained in His law;' but no provision whatever is made for the succession, and no bequests
devised from any property which, agreeably with pre-existing usage, was considered to be
public, and, therefore, as belonging of right to his successor in the sovereignty. It was in
accordance with this law that His Highness Syed Majid (who, never'heless, claims the
sovereignty of the Zanzibar territories and all the rights appertaining thereto) only shared
equally with his brothers in the inheritance left hy their father. Thus Colonel Rigby says—
' The ships of war, guns, stores of every description, even the arms in the possession of the
troops, were set down at a valuation, and charged against the new ruler as a debt due to his
father's estate/
" The only logical inference deducible from the foregoing considerations is in strict
accordance with the conclusion arrived at by the Reverend Mr. Badger after a careful inquiry
into the laws which have regulated the succession among the Imams and kings of Oman for
several centuries. He writes—' Among all the sovereigns * * * * not one occurs who
is recorded to have assumed or exercised the right of nominating a successor, or of disposing
of his territories by will or otherwise. On the death of a ruler, the member of his family
who happened to exercise the greatest influence at the time, either put himself forward, or
was put forward by the people, to succeed to the sovereignty. The claim was frequently
disputed by other of the relations of the deceased, and intestine family wars followed, the
strongest ultimately gaining the ascendancy; but even in such cases the right to the
sovereignty does not appear to have been regarded as valid without the concurrence of the
principal tribes/
" Having thus, as I conceive, fairly answered all arguments adduced in support of
the contrary view, and proved as well by the admission of His Highness Syed Majid and
of Colonel Rigby as by historical evidence, that the sovereigns of Oman did not, in
accordance with pre-established law or usage, possess the right of disposing of their dominions,
it results that the claims of Syed Majid to the sovereignty of the Zanzibar territories, as in
any degree founded on the will or wishes of the late Syed Saeed, are invalid and nugatory.
"1 proceed, in the next place, to consider the argument adduced by Syed Majid in
behalf of his claims to the sovereignty, on the ground of his having been recognised as the
ruler of Zanzibar and its African dependencies by several of th^ foreign powers which had
previously been in alliance with his predecessor and tat'ier, the late S\ed Saeed. It is un-
necessarv, however, to enlarge on that point, which has already been sufficiently discussed in
paragraph 9 of this report; for even admitting that the alleged recognition has actually been
tendered bv France and the United States of America, and subsequently by the Hanseatic
Kepublic after a full investigation into the merits of the dispute regarding the sovereignty
still pending between Syed Majid and Syed Thoweynee (which, at best, is every doubtful),
the fact that the two brothers have voluntarily referred the settlement of their differences in
that respect to the Right Hon'ble the Governor General, is a plain avowal of the existence
of their rival claims, and effectually invalidates any such recognition unless eventually found
to be in accordance with the final decision of the elected arbitrator.
«The argument next adduced by Syed Majid, on the ground of his having been
acknowledged "as sovereign bv his elder brother Syed Thoweynee of Muscat being based on
one-sided evidence, is inadmissible. His Highness alleges that Mahomed bin Salem, the
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