"التحكيم في قضية مراكب الداو الشراعية في مسقط. محكمة التحكيم الدائمة في لاهاي. السماح برفع الأعلام الفرنسية على مراكب الداو الشراعية في مسقط. القضية بالنيابة عن الحكومة البريطانية". [و‎‎٦‎٤] (٢٠٨/١٤٠)

X.—THE SLAVE TRADE TREATY
OF 1873.
i Case,
It is somewhat late to challenge in 1905 for
the first time as an infraction of the Declaration
of 1S62, a Ireaty made in 1873. Treaties relative
British t0 1116 sup I )ressio11 of the Slave Trac| e have been in
icrce between Great Britain and Muscat since
1822. The Sultan gave authority to British
vessels to search for slaves in Muscat waters so
far back as 1850, and this authority was in force
when the Declaration of 1862 was signed. The
effect of the Treaty is to enable one of the High
Contracting Parties to do work which the other
has no vessels suitable to undertake, in the
policing of Oman waters for tbe suppression of
slavers. And under the Brussels Act, all the
adhering Powers except France concede to each
other mutual rights of search of Arab boats
bearing their colours even on the high seas—
hardly a mutual surrender of independence.
Indeed, the Treaty is but one of a series of
Treaties made during the last fifty years by
Great Britain with the Rulers of the Arabian
coasts with the single object of suppressing
a nefarious trade—Treaties which have formed the
subject of legislation by the British Parliament,
with the object of providing a regular adjudica
tion on the character of vessels seized under the
provisions of these engagements.^'
Ko doubt under the Treaty, apart from any
special capitulation, British vessels would be
entitled to seize any vessel found in Muscat
waters carrying slaves, irrespective of her flag •
and in the case of the dhows referred to in the
French Case (p. 32), the vessels were only handed
over to the French authorities because the
Captain of the British cruiser which captured
them was under the impression, subsequently
* See also " J he Slave Trade (East African Courts) Act, 1873,"
36 & 37 Vict., cap. 59j in which is contained a recital that by
various Treaties Her Majesty is empowered to exercise juris
diction witlin the dominions of the Imam of Muscat in regard
to vessels captured on suspicion of being engaged in the Slave
Trade, and The Slave Trade Act, 1873 " (36 & 37 Vict., cap. 88),
which repeals and supersedes the Statutes U & 12 Vict,'
cap. 128, and 12 & 13 Vict., cap. 84.
[530] ^ 2