‘Précis of correspondence relating to Zanzibar affairs from 1856 to 1872. Prepared by Captain P D Henderson, attached to the Foreign Department’ [‎131r] (101/114)

Slave Trade-
" If the Sultan has en^ajjed to prevent the port-to-port trade in slaves in his own domi
nions from January to April in each year, and if His Highness has also expressly authorized
our cruisers to seize Zanzibar vessels carrying slaves without regular manifest, or in excess of
the number manifested, the Governor in Council is unable to see how your present proposal
could be acted upon witiiout abandoning concessions already freely made, and so entering upon
a retrograde course.
" You will be so good as to afford some explanation on this point, and also to state whether
• The reply to this call was not re- the concessions made in 1863, above referred to, were reduced
ported to the Government of Tndia. to writing.*"— [Foli/ical, A., February 1867, Nos. 208 <§* 210 ;
Political, A., March 1867, Nos. 219-221 ; and Political, A., March 1867, Not. 229 ^ 30.)
109. Labour contracts of Messrs. Phaser and Company. —In July 1866
Dr. Seward, 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. , solicited
We, the undersigned, agree and undertake to supply an expression of Opinion Concerning the
to Messrs. H. A. Fraser and Company (400) four hundred ' . 1 i • ^
male and female able-bodied laborers, and we engage legality of Certain Contracts entered llltO
that the said laborers shall beat the sole disposal of ^JeSSrS. PraSer and Company, British
ypara^after^^ch^ernTwe'^b^nd'^ourwl^s ^©"guarantee merchants of Zanzibar, with Arab slaVC-
the 'reedom of all the said laborers, who shall be slaves, own p rs for the SUDdIv of slaves tO WOrk
on condition that Messrs. H. A. Fraser and Company pay . , 7fVio
to us for every laborer one year's pay, at the rate of two on tlieir CStatCS. ested OI tne pCT-
dollare per month per laborer on delivery, and hall a S0Da ^ ma tters raised in the subsequent
dollar per month for each laborer for €he succeeding four ^ i. 4. xu
years: the balance of wages, one dollar and-a-half per dlSCUSSlOnS On tllC SUOJCCt, the CaSC Was
month, to be payable to the iaborers from wliora we ag f ol ] ows; MeSSrS. PraSCr and Company
bind ourselves not to exact or receive any portion 01 tn . ,,1, i. e
pay on any pretext whatever. For the first year Messrs. entered into a COntmct, tlie text OI WtllCn
il A, Fraser and Company shall ciothe and jg marginally appended, with certain
laborers at their own expense, and for the four succe a » r I 1 . , , .
ing years of this contract they shall not be called on to Arab SlaVe-OWIierS iov HIS iabOF SUpply.
make any disbursement on this account. S ewar( l was of Opinion that the Con
tract effected a virtual transfer of all property in the slave to the firm, lie
said—
" The twelve months' wages, at two dollars per laborer per month, handed over to the
contractor in one lump sum on delivery, puts him in possession of the average cost of an adult
slave who thereafter stands at the complete disposal of the firm, who immediately become
responsible for the slave's food and clothing. It is true that freedom—ultimate freedom—is
a stipulation on the promise of the contractor; but I would submit that we should not be
blinded by the illusory veil of philanthropy thrown over the transaction."
The Advocate General, Bombay, expressed an opinion, 1^, that the vali
dity of a contract being, as a rule, decided by the law of the place where it is
to be performed, and slavery being allowed at Zanzibar, he could see no
o-round for holding the contracts in question to be invalid ; 2 )idly, that assum
ing they were invalid. Dr. Seward had no right to interfere until on the
occurrence of a dispute between the parties, the matter should come before him
for adjudication under the provisions of the treaty. The Advocate General
concluded—
" The Assistant 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. , though residing in a slave country like Zanzibar, cannot
legally constitute himself a censor morum or contractum in regard to British subjects. 13v the
treatv of the 31st May 1839, articles 1 and 2, British subjects have a right to reside, and to pur
chase or hire lands or houses, &c., at Zanzibar; and Captain Fraser's legal status seems
somewhat analogous to that of Englishmen holding estates in our West India Inlands,
a.nd to that of planters in the slave states of North America, whilst slavery was allowed
in those countries. Bearing in mind, therefore, that slavery is not contrary to the law
of nations, I think that Dr. Seward has no right at P™ sen J to concern himself with
the validity or invalidity of Captain Eraser's contracts with the Arab slave-owners, and that,
if Dr Seward of his own accord should take any action in the matter. Captain Fraser will
have just ground for complaining of a clear violation of his (Captain Fraser) liberty and right
as a British subject."
In forwardin"- the Advocate General's opinion for Dr. Seward s guidance,
the Bombay Government remarked that, in addition to the legal aspect ot the
question, it had also another aspect; for it was observed—
" This is not merely a case of connection with slave-holding by a British mercantile firm,
but of slave-trading; it is a case of large contracts made by such a firm with those who
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