"معاملة العبيد واحتجازهم من قبل الكوتشيين في زنزبار" [ظ‎‎١‎١‎٧] (٦٣/٢٣)

20
Hfnry A. Churchill , Esq., C.B., Her Majesty's Political Agent and Consul at
Zanzibar, to His Highness Majid bin Saeed , Sultan of Zanzibar, dated 10th
December 1867.
After compliments.
For some months past theft has been rife in Zanzibar, and, notwithstanding
the exertions of your officers entrusted with the police of the town, houses and
shops are being broken into, or opened with false keys, and property is stolen.
Within the last few days it has been discovered that a native of Kutch, Jairam
Waljee by name, was at the head of a gang of thieves, whom he furnished with
information and with the necessary implements to penetrate into the premises
containing valuable property.
Certain depositions having been made at the Consular Court by British subjects,
with reference to a quantity of stolen goods found in the possession of Jairam
Waljee, it becomes my imperative duty to cause this individual to be apprehended
and tried for his misdeeds, and, although he has forfeited the protection of Her
Majesty's Government by not inscribing his name in the register of British pro
tected subjects, and has placed himself under Your Highness's protection, I do
not consider that he has, in so doing, deprived me of the power I have of exercising
jurisdiction over all British subjects, and British protected subjects, in Your
Highness's dominions.
As the said person is under Your Highness's protection, however, I shall feel
diffident in causing him to be arrested by my own men, and I have, therefore, the
honour to request that Your Highness will issue such orders as will ensure his
appearance before Her Majesty's Criminal Court as soon as possible.
I have, &c.,
(Signed) H. A. Churchill.
Henry Churchill , Esq., C.B., Her Majesty's Political Agent and Consul at
Zanzibar, to His Highness Seyd Majid , Sultan of Zanzibar, dated 16th
December 1867.
After compliments.
I have, on several occasions, had the honour to draw Your Highness's
attention to the fact that, notwithstanding the Proclamation of the late Seyd Saeed
and Your Highness's own, issued soon after your father's death, that no slaves be
sold to natives of India; and, notwithstanding the stringent measures taken by
Colonel Rigby to emancipate the slaves held at Zanzibar by natives of India, there
are still in the possession of the latter many slaves which it was incumbent on me to
liberate.
In my first conversation with Your Highness on this important subject, I am
afraid that I failed to make clear to Your Highness the difference existing between
protection and jurisdiction. It will be my task in this communication to explain
that difference.
In Colonel Hamerton and Colonel Rigby's time, as your Highness is well
aware, all natives of India at Zanzibar were under British protection, and thence
it is that no particular mention is made of the subjects of the Rao of Kutch. It
is only of late years that natives of India have been allowed to place themselves
under your Highness's protection, and this because they had been deprived of
British protection in consequence of their not having inscribed their names in the
registers of Her Majesty's Consulate.
But these individuals enjoy Your Highness's protection in the same way that
all foreigners in Your Highness's service enjoy it, and in an equal degree with your
Highness's subjects who may be in the service of Europeans at Zanzibar, who enjoy
the protection of the Sovereign of whom their meters are the subjects.
If, for instance, one of your Highness's subjects, in the service of a European
at Zanzibar, were to commit a crime punishable by your laws, would not your
Highness claim the culprit of the protective Consul of that European, and would
not that Consul, on being convinced of the culpability of the accused person,
cause him to be given up to your Highness ? The mode of proceeding would be
in strict accordance with the treaties, and it is but just that your Highness should