Zanzibar treaties 1910

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ZANZIBAR TREATIES.
1910.


INTRODUCTORY NOTICE.
This collection is intended to include the more important Treaty
engagements relative to Zanzibar including the principal instru-
ments regulating the Treaty relations of Muscat with Foreign
Powers previous to its separation from Zanzibar.
In the 3rd edition, issued in 1909, of the compilation entitled
“The Map of Africa by Treaty” will be found various arrange-
ments resulting out of Treaties as well as other documents
affecting Zanzibar, such as Concessions to or arrangements with
the late British Imperial East Africa Company, the German East
Africa Company, and the Benadir Company.
Zanzibar, it may be noted, concluded a Money Order Con-
vention with Italian Somaliland on November 2, 1905. This
Instrument is understood to have undergone some modifications
since. A Money Order Convention between Zanzibar and German
East Africa was signed on August 10, 1896. Additional Articles
thereto are dated November 13, 1906, and January 11, 1907. It
has not been considered necessary to include the text of these
arrangements in this volume.
The mode in which Zanzibar adhered (with a reservation) to
the Berlin Act of 1885 is set out on page 74.
Zanzibar has also acceded to the following arrangements:—
On December 21, 1895, to the Universal Postal Union, 1891.
In July 1900 to 1he Convention cf that year for the Preserva-
tion of Wild Animals in Africa.
On December 16, 1909, to the International Sanitary Conven-
tion of December 3, 1903, and, in April 1910, to the Radiotele-
graphic Convention signed at Berlin, November 3, 1906, but not
to the additional engagement.
N. BALL.
Foreign Office,
June, 1910.


TABLE OF CONTENTS.
Note.—Besides the Treaties and Arrangements quoted textually in this
volume, a few Arrangements and Accessions on the part of Zanzibar to
Treaty engagements are noted in the Introductory Notice.
Page
1. Treaty, Offensive and Defensive, with Muscat.—October 12, 1798.... 3
2. Agreement between Muscat and the East India Company.—
January 18, 1800 .... ...... .... .... .... .... 4
3. Treaty with Muscat. Slave Trade.—September 10, 1822 .... .... 5
4. Arrangement between Portugal and Muscat respecting Trade,
Jurisdiction, Wrecks, etc.—February, 1826. .... .... .... 7
5. Commercial Treaty between the United States and Muscat.—
September 21, 1833 .... .... .... .... .... .... .... 9
6. Commercial Convention between Great Britain and Muscat.—
May 31, 1839............................................ 12
7. Additional Articles to above.—December 17, 1839 .... .... .... 17
This is a collection of Treaties, etc., at large. Certain of them
(such^s-the-Coiilhiei'Cla'l CxmveirttOTi IretWbbll OiuaL Biilalfl TOd.
Muscat of'May 31718S9) are not necessarily in force.
of the slave xraue.—dime o, ib/o ... .... ..v. - .... m-----
15. Declaration of the meaning of the above Treaty.—December 9,
1873 ................................ ‘....................... 35
16. Slave Trade Supplementary Treaty between Great Britain and
Zanzibar.—July 14, 1875 .... .... .... .... .... .... 3G
17. Commercial Treaty between Portugal and Zanzibar.—October 25,
1879 ..................................................... 37-
17a. Declaration respecting Nguru and Usagara.—November 2G,
1884 ........................................................ 42*
18. Commercial Treaty between Italy and Zanzibar.—May 28, 1885 42
Additional Article.—October 10, 1885 .... .... .... ... 45
19. Commercial Convention, Belgium and Zanzibar.—May 30, 1885 46
20. Commercial Treaty. Germany and Zanzibar.— December 20, 1885 47
21. Commercial Treaty. Great Britain and Zanzibar.—April 30, 1886 58
22. Declaration relating to Duty on Tobacco.—May 21, 1886 .... .... 68
2 5. Proces-Verbal. Extent of Zanzibar possessions.—June 9, 1886 .... 68 b'
24. Treaty between Zanzibar and United States enlarging that of
September 1, 1833.—July 3, 1886 .... .... 71
25. Agreement. Great Britain and Germany. Limits of Zanzibar.
Spheres of Influence.—October 21-November 1, 1886 .... .... 72
26. Adhesion of Sultan of Zanzibar to Berlin Act of 1885, with a
reservation.—November 8, 1886 .... .... .... .... .... 74
27. Agreement. Great Britain and Zanzibar. Extent of Zanzibar
Territory. Spheres of Influence of Great Britain and Germany.
—December ip, 1886.... .... .... .... .... .... ' .... 75
35
36
37-
42*
42
45
46
47
58
68 Z
68 v"
71
72
74


TABLE OF CONTENTS.
Note.—Besides the Treaties and Arrangements quoted textually in this
volume, a few Arrangements and Accessions on the part of Zanzibar to
Treaty engagements are noted in the Introductory Notice.
Page
1. Treaty, Offensive and Defensive, with Muscat.—October 12, 1798.... 3
2. Agreement between Muscat and the East India Company.—
January 18, 1800 .... ...... ............. .... .... 4
3. Treaty with Muscat. Slave Trade.—September 10,1822 .... .... 5
4. Arrangement between Portugal and Muscat respecting Trade,
Jurisdiction, Wrecks, etc.—February, 1826. .... .... .... 7
5. Commercial Treaty between the United States and Muscat.—
September 21, 1833 .... .... .... .... .... .... .... 9
6. Commercial Convention between G-reat Britain and Muscat.—
May 31, 1839...................................................... 12
7. Additional Articles to above.—December 17, 1839 .... .... .... 17
8. Commercial Treaty between France and Muscat.—November
17, 1844 .............................................. 18
9. Agreement between Great Britain and Muscat relative to the
export of Slaves.— October 2, 1845.... .... .... .... .... 23
10. Permission for British men-of-war to search Muscat waters for
Slave Trading Vessels. —May 6, 1850 .... .... .... .... 24
11. Treaty of Commerce between the Hanseatic Republics and
Zanzibar.— June 13, 1859 .... .... .... .... .... .... 25
12. Lord Canuing’s Award. Separation of Zanzibar from Muscat.—
April 2, 1861..................................................... 29
13. Declaration between G-reat Britain and France relating to Inde-
pendence of Zanzibar and Muscat.—March 10, 1862 .... .... 34
14. Treaty between Great Britain and Zanzibar for the suppression
of the Slave Trade.—June 5, 1873 ...... .... .... .... 34
15. Declaration of the meaning of the above Treaty.—December 9,
1873 .................................. '......................... 35
16. Slave Trade Supplementary Treaty between Great Britain and
Zanzibar.—July 14, 1875 .... .... .... .... .... .... 36
17. Commercial Treaty between Portugal and Zanzibar.—October 25,
1879 ......................................................... 37-
17a. Declaration respecting Nguru and Usagara.—November 26,
1884 ......................................................... 42*
18. Commercial Treaty between Italy and Zanzibar.—May 28, 1885 42
Additional Article.—October 10, 1885 .... .... .... .... 45
19. Commercial Convention, Belgium and Zanzibar.—May 30, 1885 46
20. Commercial Treaty. Germany and Zanzibar.—December 20, 1885 47
21. Commercial Treaty. Great Britain and Zanzibar.—April 30, 1886 58
22. Declaration relating to Duty on Tobacco.—May 21, 1886 .... .... 68
2 1. Proces-Verbal. Extent of Zanzibar possessions.—June 9, 1886 .... 68
24. Treaty between Zanzibar and United States enlarging that of
September 1, 1833—July 3, 1886 ................................... 71
25. Agreement. Great Britain and Germany. Limits of Zanzibar.
Spheres of Influence.—October 21-November 1, 1886 .... .... 72
26. Adhesion of Sultan of Zanzibar to Berlin Act of 1885, with a
reservation.—November 8, 1886 .... .... .... .... .... 74
27. Agreement. Great Britain and Zanzibar. Extent of Zanzibar
Territory. Spheres of Influence of Great Britain and Germany.
—December 1886.... .... .... .... .... .... ' .... 75 -


2*
Page
28. Commercial Convention. Austria and Zanzibar.—August 11, 1887 78
29. Agreement for Administration of certain Zanzibar Territories by the
British East Africa Company.—August 31, 1889.... .... .... 79
30. Agreement with Great Britain. Right of Searching Zanzibar
Waters.— September 13, 1889 ...... .... .... .... 81
31. Agreement. British Protectorate over Zanzibar.—June 14, 1890.... 82
32. An^lo-German Agreement, July 1, 1890. Article XI. Cession of
certain Zanzibar Possessions to Germany, etc. .... .... 83
32-t. G-eneral Act of the Brussels Conference relating to the African
Slave Trade.—July 2, 1890. See Appendix .... ..
33. Declaration. Great Britain and France. Territories in Africa.—
August 5, 1890 .... ............ .................... 84
34. Indemnity to Zanzibar from Germany for cession of Territory.—
97
October 1890 ........................................ 85
35. Notes exchanged between France and Germany relating to Zanzi-
bar, etc.—November 17, 1890 ........................... 87
36. Declaration. G-reat Britain and Zanzibar. Judicial Powers.—
February 2, 1891 .... .... .... ........ .... .... 88
37. Concession of the Benadir Ports to Italy.—August 12, 1892 .... 89
38. Declaration between Great Britain and Zanzibar. Judicial Powers.
— December 16, 1892 ...... .... .... .... .... 94
39. Supplementary Agreement. Concession of Benadir Ports to Italv.
—May 15, 1893 ................................ .... 94
40. Agreement between Great Britain and Zanzibar respecting Zanzi-
bar Mainland Possessions.—December 14, 1895 .... ... .... 96
41. Additional Article. Italy and Zanzibar. Benadir Ports.—Septem-
ber 1, 1896 ............................................. 97
12
42. Agreement. Commerce. Russia and Zanzibar.—August — , 1896 98
43. Agreement boundary between Zanzibar Mainland and British East
Africa Protectorate.—July 13, 1899 .... .... .... .... 100
44. Article 7, Anglo-G-erman Convention (German Consular Jurisdic-
tion in Zanzibar).—November 14, 1899 .... .... .... .... 101
45. Agreement. Commerce. France and Zanzibar.—June 27, 1901.... 101
46. Convention. Great Britain and United States. Import Duties in
Zanzibar. —May 31, 1902 .... .... .... .... .... .... 103
47. Payment of Light and Harbour Dues by United States Vessels in
Zanzibar.—June 5, 1903 .... .... .... .... .... .... 104
48. Suppression of French Jurisdiction and closing of French Post
Office in Zanzibar.—May ff, 1904.................... .... 106
49. Parcel Post Agreement. Zanzibar and British Central Africa.—
Zanzibar, April 29
Zomba, June -1
50. Notes exchanged between Great Britain and Italy. Benadir Ports.
Jurisdiction at Zanzibar, Kismayu.—January 13, 1905 .... .... 112
51. Convention. United States. Extra-Territorial Jurisdiction at
Zanzibar.—February 25, 1905 .... .... .... .... .... 118
52. Cessation of Italian Jurisdiction in Zanzibar.—July 5 and 9, 1905 120
53. Treaty between Great Britain and Zanzibar abrogating Treaty of
April 30, 1886.—November 4, 1908 ..................... 120


ZANZIBAR TREATIES
No. 1.—TREATY, Offensive and Defensive, with Muscat.—
October 12, 1798.
Translation of the Coul Namal, or written Engagement from the
Imaum of Muscat.
Deed of Agreement from the State of the Ominion Asylum
under the approbation of the Imaum, the Director Syed Sultan,
whose grandeur be eternal, to the high and potent English Com-
pany, whose greatness be perpetuated, as comprehended in the
following Articles ;
Art I. From the intervention of the Newab Emodad Dowla,
Murza, Michedy Alikhan Hutmut Jung, never shall there be any
deviation from the Coul Namal.
II. From the recital of the said Nawab my heart has become
disposed to an increase of the friendship with that State ; from
this day forth the friend of that Sirkar is the friend of this, and
the friend of this Sirkar is to be the friend of that Sirkar, and the
enemy of this to be the enemy of that.
III. Whereas frequent applications have been made, and are
still making, by the French and Dutch people for a factory, i.e.,
a place to seat themselves in, either at Mascat or at Gambroon,
or at the other parts of this Sirkar, it is therefore written, that
whilst warfare shall continue between the English Company and
them, never shall, from our respect to the Company’s friendship,
be given to them throughout all my territories a place to fix or
seat themselves in, nor shall they get even ground to stand
upon with this State.
IV. As there is a person of the French nation who has been
for these several years in my service, and who hath now gone in
command of one of my vessels to the Mauritius, I shall imme-
diately on his return dismiss him from my service and expel
him.
V. In the event of any French vessel coming to water at
Muscat, she shall not be allowed to enter the cove into which the
English vessels are admitted, but remain without; and in case of
hostilities ensuing between the French and English ships, the
forces of this State, by land and by sea, and my people, shall take
(514) ' ' a 2


4
part in hostility with the English ; but on the high seas I am not
to interfere.
VI. On the occurrence of any shipwreck of a vessel or vessels
appertaining to the English, there shall certainly be aid and
comfort afforded, on the part of this Govenment, nor shall the
property be seized on.
VII. In the port of the Abassy (Gambroon), whenever the
English shall be disposed to establish a factory, I have no objection
to their fortifying the same, and maintaining guns thereon as
many as they like, and to 40 or 50 English gentlemen residing
there, with 700 or 800 Sepoys ; and for the rest, the rate of duties
on goods on buying and selling will be on the same footing as at
Bussoora and Abasliiker.
Dated 1st Junday a lawul (1213), Hyrn or 12th October, 1798.
No. 2.—An Agreement entered into by the Imaum of the State
of Oman with Captain John Malcolm Bdhader, Envoy
from the Right Honourable the Governor-General, dated the
21st Shabun, 1215 Hyre.—January 18, 1800.
Art. I. The Coalnamal entered into by the Imaum of Oman
with Mihedy Ali Khan Bahader, remains fixed and in full force.
II. As improper reports of a tendency to interrupt the existing
harmony and create misunderstanding between the 2 States,
have gone abroad, and have been communicated to the Right
Honourable the Governor-General, the Earl of Mornington, with
a view to prevent such evils in future, we, actuated by sentiments
of reciprocal friendship, agree that an English gentleman of
respectability, on the part of the Honourable Company, shall always
reside at the port of Muscat, and be an agent through whom all
intercourse between the States shall be conducted, in order that
the actions of each Government may be fairly and justly stated,
and that no opportunity may be afforded to designing men, who
are ever eager to promote dissensions, and that the friendship of
the 2 States may remain unshaken until the end of time, till the
sun and moon have firished their revolving career.
Sealed in my presence,
JOHN MALCOLM.


5
No. 3.—TREATY between Governor Farquhar and the Imaum
of Muscat, for abolishing the Slave Traffic with Foreign
Powers, through all His Higlvhess’s Dominions and Depen-
dencies.—Concluded September 10, 1822.
Statement of the Requisitions
made to His Highness the
Imaum of Muscat, by Ca ptain
Moresby of His Majesty’s
Ship Menai, Commissioner,
vested with Full Powers by
His Excellency Sir Robert T.
Farquhar, Baronet, Governor
of the Island of Mauritius,
&c. &c. &c.
Firstly. The Imaum to abol-
ish the Foreign Slave Trade,
for ever, in his Dominions.
Secondly. The Imaum to
order the seizure of all such
Vessels, attempting the Foreign
Slave Traffic, and to seize and
punish the Captain and Crew
as Pirates.
Thirdly. The Imaum to
punish all Persons, serving on
board Ships dealing in Slaves,
who do not give information to
the Imaum, or his Governors,
that they have been Slave
dealing.
Fourthly. His Highness to
Translation of the Answers in
Arabic, under the Hand and
Seal of His Highness the
Imaum of Muscat, to the
Requisitions made by Cap-
tain Moresby of His Majesty’s
Ship Menai, Commissioner,
&c. &c. &c.
First. I did write last season
to all my Officers, positively
prohibiting the sale of Slaves to
any Christian Nation, and I will
repeat these Orders.
Second. I will send orders to
all the Officers throughout my
Dominions, that if they find
(the owners of) any Arab Ves-
sels buying Slaves for sale in
Christian Countries, they must
take possession of all such Ves-
sels and inflict punishment on
the Commanders, (owners)
thereof, even though they be
bound for Madagascar.
Third. I will instruct my
Officers, and publish generally
such instructions throughout
my Dominions, that the Crews
of any Vessels carrying Slaves
for sale, in Christian Countries,
be enjoined, on their return to
the Arab port, to give informa-
tion to the Authority at such
port, that he may punish the
Commanders, and that if they
come to be detected in con-
cealing such information, they
(the Crews) shall themselves
suffer punishment.
Fourth. The authority you


appoint, at such places, as His
Majesty the King of Great
Britain may wish, habitations
for the residence of Consuls,
Agents or others, charged with
the suppression of the Slave
Trade by English Subjects;
such Consuls, Agents or others,
are to receive the assistance, on
application, of His Highness the
Imaum or his Lieutenant-Gov-
ernor or others, for the appre-
hension and detention of any
English subjects who may
attempt the Traffic.
Fifthly. The Imaum to
authorize British Cruizers to
seize all Arab vessels that may
be found loaded with Slaves,
after the expiration of four
months from the present date,
if bound to any port out of
His Highness’s Dominions.
Sixthly. The Imaum, or his
Governors, to provide all Arab
Vessels v itli Passes (port clear-
ances). Any Vessels found with
Slaves on board, who have not
such port clearances, to be
seized according to the 5th
requisition, by any British
Cruizers that may meet them.
FAIRFAX MORESBY,
Captain H.M.S. Menai.
require, permitting the settle-
ment of an Agent on your part
in Zanzibar, and the neigh-
bouring parts, for the purpose
of having intelligence and
watching the Traffic in Slaves
with Christian Nations is
granted, and I now give it to
Captain Moresby.
Fifth. The authority you
have required, permitting (to
you) after the expiration of four
months, the seizure of all Vessels
laden with Slaves bound for
Christian Countries, is hereby
granted to Captain Moresby.
Sixth. I will write to my
Governors, regarding the state-
ment to be given in writing to
all Ships departing on a voyage,
certifying from what port they
have come and whjther they
are bound, and you may seize
everyVessel you may fali in with
beyond Madagascar, and in the
sea of Mauritius, after four
months from the date of the
permission contained in the
answer to the 5tli requisition
above acceded to, and you may
carry in to me, for my disposal,
any Ship you may meet even
on this side (the Isle of France),
provided she have not 'the
written statement required
from the Governor of the port
whence she sailed.
Signature of the
Imaum.


7
Additional Requisition by Cap-
tain Moresby to the Imaum of
M uscat.
That it may be understood
in the most comprehensive
manner, where Arab Ships are
liable to seizure by His Majesty
the King of England’s Cruizers,
after the expiration of four
months, the Imaum to
authorize that The King of
England’s Cruizers, finding
Arab Ships with Slaves on board
to the Eastward of a line drawn
from Cape Delgado, passing
sixty miles East of Socotra, on
to Diu Head, forming the
western point of the Gulf of
Cambay (unless driven by stress
of weather), shall be seized
and treated by His Majesty’s
Cruizers in the same manner as
if they were under the English
Elag.
F. MORESBY,
Captain H.M.S. Menai.
Reply.
I have permitted Captains
of Ships of the Government of
the English State (“ Surkar il
doivent il mgly seed ”) to seize
all Arab Vessels loaded with
Slaves for the foreign market,
that shall be found to the East-
ward of the prescribed line,
after the expiration of four
months from the date of the
fifth requisition already agreed
to ; but Ships driven by stress
of weather without the said line,
must suffer no molestation.
No. 4.—ARRANGEMENT between the Sultan of Muscat and
the Portuguese Governor-General of Mozambique, respecting
Trade, Jurisdiction, Wrecks, <&c.—February 1826.
Translation. -----
I take refuge with God from Satan the lapidated!
Tn the name of God, very compassionate, most compassionate !
0 ! our Lord God ! in thy name do we design to begin. O 1 thou
most gracious One!
This is the mutual writing which took place, and it came to
hand from Mozambique. This is the text thereof.
The Sultan, the King, whose name is Don Pedro, the Sultan,
the Ruler of the countries of the King of Portugal, and the coun-
tries of Brazil, and the countries of Algarve, and the powerful
Sultan, Imam of Muscat, has desired increased friendship and
brotherhood of olden time ; and may the Lord of the Universes
put increased friendship between our subjects and your subjects
our countries and your countries.


On the part of the Sultan, the King, the Ruler of Mozambique,
his name being Sebastiano Shewir Botelho ; and on the part
of the powerful Sultan, the Imam of Muscat, son of the paternal
aunt of Seyf, son of Ahmed, son of Sa‘id ; there took place a
conversation between us and you, and we mutually agreed upon
a reduction of the customs dues in favour of the subjects.
Position the first of the text of this mutual writing: Prom the
friendship and concord which is between the powerful Sultan of
Portugal and the powerful Sultan, the Imam of Muscat, so, on
his part, the son of his paternal uncle, Seyf, son of Ahmed, and I,
on the part of the Sultan of Portugal, Sebastiano Shewir Botelho;
we have agreed that trade shall be, as with us, so with you, and
that whatever is in favour of our subjects shall be in favour
of your subjects.
Position the second of this mutual writing : The subjects of
the Sultan, the King, and the subjects of the Sultan, the Imam,
shall be in the same status in buying and selling ; and their
status shall be one in. respect and honour ; and their status shall
be one in the case of judgment suits ; and also in permission
granted and in going about shall their status be one. And
when your subjects come to our countries they shall subject
to our jurisdiction ; and, in like manner, our subjects shall
subject to your jurisdiction. And, God so willing, who be
extolled, what is in favour of our subjects shall be in favour of
your subjects.
Position the third of this mutual writing : Every vessel that
arrives from the countries of the Imam of Muscat at the seaport
town of Mozambique shall deliver on the goods that enter the
bay one in ten, the same as the people of Diu and Damao.
Position the fourth of this mutual writing : It is that, should
a vessel arrive from another than the Imam’s countries, and that
they may say, “ We have come from the countries of the Imam,”
for the sake of delivering the dues as they do. It behoves the
Imam of Muscat to have made one sole seal, known in all his
countries, and every vessel that arrives shall possess that seal on
their ship’s papers, so that we may place confidence in the honour
of the contention. And when it is that they have not with them
the seal of the Imam as known, let there be with them a seal of
the Ruler who governs in that country.
Position the fifth of this mutual writing : Every vessel that
arrives from the countries of the Imam of Muscat shall have with
them a clear declaration that they left a certain country to be
named, and a clear declaration of the number of arms in the
vessel altogether.
Position the sixth of this mutual writing : The Sultan of Muscat
shall put in force whatever we put in force, and shall command
in all his countries, giving notice of what has been negotiated
between us and him, and what has been agreed on by both of us.
And our subjects shall deliver to them the dues like as his subjects


9
deliver to us. And the whole of the returns (? produce) possessed
by the Arabs and our subjects shall be dealt with in like manner.
Position the seventh of this mutual writing : It is that every
vessel that is lost or disabled and detained in the countries of
the Imam, or in our countries, the custom then is that everything
saved from the property and effects is sent to the country to which
it was destined ; and the owner of the property delivers the
whole of what may have been spent on the said property. This
is a benefit to our subjects and your subjects.
Position the eighth of this mutual writing : It is that after this
Convention shall reach the Sultans it shall be sealed with the
seal of the Governor and of the Sultan ; the intention being that
you shall command every one of your subjects to act towards
our subjects as they act and perform. And, in like manner, we
will do the same, and will so command our subjects.
Position the ninth of this mutual writing : That which we
have agreed upon is thus completed and finished. And from this
day each one of us will take his right as is laid down for him.
And I am the General of Mozambique, who isSebastianoShewir
Botelho, on the part of the powerful Sultan the King ; and on the
part of the powerful Sultan the Imam of Muscat, Seyf, son of
Ahmed ; at the date when each one impressed his name and his
seal. We wish to complete our discourse.
On the 15th of Rejeb, in the year of the Hegira 1241, corres-
ponding to February a.d. 1826.
By Abdu-Uah, servant of our Lord Sa'id, son of Sultan, whose
servant is Seyf, son of Ahmed, son of Sa‘id, the servant; and
this is the place of liis seal.
L.S.
Signature of the Governor-General of Mozambique, on the left
side of the seal.
Thus hath said the supplicant, the Secretary of the Sultan
Sa‘id, son of Sultan. The figure of the figure of the seal of Seyf,
son of Ahmed, is from my seal; lest it be doubtful to the reader
which was the place thereof.
And thus the writing has become complete, with the aid of
God, whose might is the means of aid aDd of good guidance.
Note.—Portuguese Jurisdiction in Zanzibar ceased in 1907.
No. 5.—THEATY of Amity and Commerce between The
United States and Muscat.—Signed at Muscat. September 21,
1833. _____
A Proclamation. —By the President of The United States of America.
Whereas a Treaty of Amity and Commerce between the
Government of The United States of America and His Majesty


10
Seyed Syeed Bin, Sultan of Muscat, and his Dependencies, was
concluded and signed at the City of Muscat, in the Kingdom of
Aman, on the 21st day of September, in the year of our Lord,
1833, which Treaty is word for word, as follows :
A Treaty of Amity and Commerce between The United States of
America and His Majesty Seyed Syeed Bin, Sultan of Muscat,
and his Dependencies.
Art. I. There shall be a perpetual peace between The United
States of America and Seyed Syeed Bin, Sultan, and his Depen-
dencies.
II. The Citizens of The United States shall have free liberty to
enter all the Ports of His Majesty Seyed Syeed Bin, Sultan, with
their Cargoes of whatever kind the said Cargoes may consist;
and they shall have liberty to sell the same to any of the Subjects
of the Sultan, or others who may wish to buy the same, or to
barter the same for any produce or manufactures of the. Kingdom,
or other articles that may be found there. No price shall be fixed
by the Sultan, or his Officers, on the articles to be sold by the
merchants of The United States, or the merchandise they may
wish, to purchase ; but the trade shall be free on both sides to
sell, or buy, or exchange, on the terms and for the prices the
owners may think fit; and whenever the said Citizens of The
United States may think fit to depart, they shall be at liberty to
do so ; and if any Officer of the Sultan shall contravene this
Article,he shall be severely punished. It is understood and agreed,
however, that the articles of muskets, powder, and ball can only
be sold to the Government in the Island of Zanzibar ; but, in all
the other Ports of the Sultan, the said munitions of war may be
freely sold, without any restrictions whatever, to the highest
bidder.
III. Vessels of The United States entering any Port within
the Sultan’s Dominions shall pay no more than 5 per cent, duties
on the Cargo landed; and this shall be in full consideration, of
all import and export duties, tonnage, license to trade, pilotage,
anchorage, or any other charge whatever ; nor shall any charge
be paid on that part of the Cargo which may remain on board
unsold and re-exported ; nor shall any charge whatever be paid
on any Vessel of The United States which may enter any of the
Ports of His Majesty for the purpose of refitting, or for refresh-
ments, or to inquire the state of the market.
IV. The American Citizens shall pay no other duties on export
or import, tonnage, license to trade, or other charge whatsoever
than the Nation the most favoured shall pay.
V. If any Vessel of The United States shall suffer shipwreck on
any part of the Sultan’s Dominions, the Persons escaping from
the wreck shall be taken care of and hospitably entertained, at
the expense of the Sultan, until they shall find an opportunity to


11
be returned to tlieir Country for the Sultan can never receive
any remuneration whatever or rendering succour to the distressed,
and the property saved from such wreck shall be carefully pre-
served and delivered to their owner, or the Consul of The United
States, or to any authorized Agent.
VI. The Citizens of the United States resorting to the Ports
of the Sultan for the purpose of trade shall have leave to land and
reside in the said Ports, without paying any tax or imposition
whatever for such liberty other than the general duties on imports
which the most favoured Nation shall pay.
VII. If any Citizens of The United States, or their Vessels,
or other property, shall be taken by Pirates and brought within
the Dominions of the Sultan, the Persons shall be set at liberty,
and the property restored to the owner, if he is present, or to the
American Consul, or to any authorized Agent.
VIII. Vessels belonging to the Subjects of the Sultan, which
may resort to any Port in The United States, shall pay no other
or higher rate of duties or other charges than the Nation the most
favoured shall pay.
IX. The President of The United States may appoint Consuls
to reside in the Ports of the Sultan where the principal commerce
shall be carried on, which Consuls shall be the exclusive judges
of all disputes or suits wherein American Citizens shall be engaged
with each other.* They shall have powrer to receive the property
of any American Citizen dying w'ithin the Kingdom, and to send
the same to his heirs, first paying all his debts due to the Subjects
of the Sultan. The said Consuls shall not be arrested, nor shall
their property be seized, nor shall any of their household be
arrested, but their persons and property, and their houses, shall
be inviolate. Should any Consul, however, commit any offence
against the Laws of the Kingdom, complaint shall be made to the
President, who will immediately displace him.
Concluded, signed, and sealed, at the Royal Palace, in the City
of Muscat, in the Kingdom of Aman, the 21st day of September,
in the year 1833 of the Christian era, ard the 57th year of the
Independence of The United States of America, corresponding to
the 6th day of the Moon, called Iamada Alawel, in the year of
Allhajra (Hegira) 1249.
Whereas the Undersigned, Edmund Roberts, a Citizen of
The United States of America, and a Resident of Portsmouth, in
the State of New Hampshire, being duly appointed a special
Agent by Letters Patent, under the signature of the President
and seal of The United States of America, bearing date at the City
of Washington, the 26th day of January, Anno Domini 1832, for
negotiating and concluding a Treaty of Amity and Commerce
between The United States of America and His Majesty Seyed
Syeed Bin, Sultan of Muscat:
* The exercise of Extraterritorial Jurisdiction by the United States in
Zanzibar has ceased. [See No. 51, pages 118, 119.]


12
Now, know ye, that I, Edmund Roberts, special Agent as
aforesaid, do conclude the foregoing Treaty of Amity and Com-
merce, and every Article and Clause therein contained, reserving
the same nevertheless for the final Ratification of the President
of The United States of America, by and with the advice and
consent of the Senate of The United States.
Done at the Royal Palace, in the City of Muscat, in the Kingdom
of Aman, on the 21st day of September, in the year of our Lord
1833, and of the Independence of The United States of America
the 57th, corresponding to the 6th day of the Moon, called Iamada
Alawcl, in the year of Allhajra (Hegira) 1249.
EDMUND ROBERTS.
And whereas the said Treaty has been duly ratified on both
parts, and the respective Ratifications of the same were exchanged
at the City of Muscat, on the 30th day of September, 1835 :
Now therefore be it known that I, Martin Van Buren, President
of The United States, have caused the said Treaty to be made
public, to the end that the same, and every Clause and Article
thereof, may be observed and fulfilled with good faith by The
United States and the Citizens thereof.
In witness whereof I have hereunto set my hand and caused the
Seal of The United States to be affixed.
Done at the City of Washington, this 24th day of June, in the
year of our Lord 1837, and of the Independence of The United
States the 61st.
MARTIN VAN BUREN.
By the President.
John Forsyth, Secretary of State.
No. Q.—CONVENTION of Commerce and Navigation
between Great Britain and Muscat.— Signed at Zanzibar,
May 31, 1839.
(Signed in the English and Arabic Languages.)
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, and His Highness the Sultan of Muscat and
its dependencies, being desirous to confirm and strengthen the
good understanding which now subsists between them, and to
promote, by means of a Convention, the commercial intercourse
between their respective subjects ; and His Highness the Sultan
of Muscat being, moreover, desirous to record in a more formal


13
manner, the engagements entered into by His Highness on the
10th of Sehtember, 1822, for the perpetual abolition of the Slave
Trade between the dominions of His Highness and all Christian
natious ; they have, accordingly, appointed as their Plenipoten-
tiaries, that is to say :—Robert Cogan, Esq., a captain in the
naval service of the East India Company, on behalf of Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland,
&c., and Hassan Bin Ebrihim, and Mahabat Alli Bin Naser,
on behalf of His Highness the Sultan of Muscat, &c., who,
having communicated their Full Powers, found to be in due
and proper form, have agreed upon and concluded the following
Articles :
Art. I. The subjects of His Highness the Sultan of Muscat,
shall be at liberty to enter, reside in, trade with, and pass with
their merchandize through all parts of Her Britannic Majesty’s
dominions in Europe and Asia, and shall enjoy in those dominions
all the privileges and advantages, with respect to commerce or
otherwise, which are or may be accorded therein to the subjects or
citizens of the most favoured nations ; and the subjects of Her
Britannic Majesty shall, in like manner, have full liberty to enter,
reside in, trade with, and pass with their merchandize through,
all parts of the dominions of His Highness the Sultan of Muscat,
and shall in those dominions enjoy all the privileges and advan-
tages, with respect to commerce or otherwise, which are or may
be accorded therein to the subjects or citizens of the most favoured
nations.
II. British subjects shall be at liberty to purchase, sell, or hire
land or houses in the dominions of His Highness the Sultan of
Muscat.
The houses, warehouses, or other premises of British subjects,
or of persons actually in the service of British subjects, in the
dominions of His Highness the Sultan of Muscat, shall not be
forcibly entered, nor on any pretext searched, without the consent
of the occupier, unless with the cognizance of the British Consul
or Resident Agent. But such Consul or Resident Agent, on just
cause being adduced by the authorities of His Highness the Sultan
of Muscat, shall send a competent person, who, in concert with the
officers of His Highness the Sultan of Muscat, shall conduct the
search, and shall prevent the use of unnecessary violence or of
improper resistance.
III. The 2 High Contracting Parties acknowledge reciprocally
to each other, the right of appointing Consuls to reside in each
other’s dominions, wherever the interests of commerce may
require the presence of such officers. And such Consuls shall at
all times be placed, in the country in which they reside, on the
footing of the Consuls of the most favoured nations. Each of the
High Contracting Parties further agrees to permit his own sub-
jects to be appointed to Consular offices by the other Contracting
Party; provided always, that the persons so appointed shall not


14
begin to act without the previous approbation of the Sovereign
whose subjects they may be.
^.•The public functionaries of either Government residing in the
dominions of the other, shall enjoy the same privileges, immuni-
ties, and exemptions which are enjoyed, within the same dominions
by similar public functionaries of other countries.
IV. Subjects of the dominions of His Highness the Sultan of
Muscat, actually in the service of British subjects in those domin-
ions, shall enjoy the same protection which is granted to British
subjects themselves ; but if such subjects of the dominions of His
Highness the Sultan of Muscat, shall be convicted of any crime
or infraction of the law requiring punishment, they shall be
discharged by the British subject in whose service they may be,
and shall be delivered over to the authorities of His Highness
the Sultan of Muscat.
V. The authorities of His Highness the Sultan of Muscat shall
not interfere in disputes between British subjects, or between
British subjects and the subjects or citizens of other Christian
nations. When differences arise between a subject of the dominions
of His Highness the Sultan of Muscat and a British subject, if
the former is the complainant, the cause shall be heard by the
British Consul or Resident Agent, who shall administer justice
thereupon. But if the British subject is the complainant against
any of the subjects of His Highness the Sultan of Muscat, or
the subjects of any other Mahometan Power, then the cause shall
be decided by the highest authority of His Highness the Sultan of
Muscat, or by any person nominated by him ; but in such case,
the cause shall not be proceeded in, except in the presence of the
British Consul or Resident Agent, or of some person deputed by
o.ie or other of them, who shall attend at the court-house where
such matter shall be tried. In causes between a British subject
and a native of the dominions of His Highness the Sultan of
Muscat, whether tried before the British Consul or Resident
Agent, or before the above-mentioned authority of His
Highness the Sultan of Muscat, the evidence of a man proved to
have given false testimony on a former occasion shall not- be
received.
VI. The property of a British subject who may die in the
dominions of His Highness the Sultan of Muscat, or of a subject
of His Highness the Sultan of Muscat who may die in the British
dominions, shall be delivered over to the heirs, or executors, or
administrators of the deceased, or to the respective Consuls or
Resident Agents of the Contracting Parties, in default of such
heirs, or executors, or administrators.
VII. If a British subject shall become bankrupt in the dominions
of His Highness the Sultan of Muscat, the British Consul or
Resident Agent shall take possession of all the property of such
bankrupt, and shall give it up to his creditors, to be divided among
them. This having been done, the bankrupt shall be entitled to


15
a full discharge from his creditors, and he shall not at any time
afterwards be required to make up his deficiency, nor shall any
property he may afterwards acquire be considered liable for that
purpose. But the British Consul or Resident Agent shall use his
endeavours to obtain for the benefit of the creditors, any property
of the bankrupt in another country, and to ascertain that every
thing possessed by the bankrupt, at the time when he became
insolvent, has been given up without reserve.
VIII. If a subject of His Highness the Sultan of Muscat should
resist or evade payment of his just debts to a British subject, the
authorities of His Highness shall afford to the British subject
every aid and facility in recovering the amount due ; and, in
like manner, the British Consul or Resident Agent shall afford
every aid and facility to subjects of His Highness the Sultan of
Muscat, in recovering debts justly due to them from a British
subject.
IX. Nodutyexceeding5percent.sha.il be levied at the place of
entry in the dominions of His Highness the Sultan of Muscat, on
any goods, the growth, produce, or manufacture of the dominions
of Her Britannic Majesty, imported by British vessels ; and this
duty shall be deemed to be a full payment of all import, ard
export, and tonnage duties, of licence to trade, of pilotage and
anchorage, and of any other charge by Government whatever,
upon the vessels or upon the goods so imported or exported.
Nor shall any charge be made on that part of the cargo which may
remain on board unsold ; and no additional or higher duty shall
be levied upon these goods when afterwards transported from one
place to another in the domirions of His Highness ; but the
above-mentioned duty having once been paid, the goods may
be sold by wholesale or retail, without any further duty.
No charge whatever shall be made on British vessels which
may enter any of the ports of His Highness for the purpose of
refitting, or for refreshments, or to inquire about the state of the
market.
X. No article whatever shall be prohibited from being imported
into, or exported from, the territories of His Highness the Sultan
of Mucsat ; but the, trade between the dominions of Her Britannic
Majesty and those of His Highness the Sultan of Muscat shall be
perfectly free, subject to the above-mentioned duty upon goods
imported, and to no other. And His Highness the Sultan of
Muscat hereby engages not to permit the establishment of any
monopoly or exclusive privilege of sale within his dominions,
except in the articles of ivory and gum copal, on that part of the
east coast of Africa, from the Port of Tangate, situated in about
5| degrees of south latitude, to the Port of. Quila, lying in about
7 degrees south of the equator, both ports inclusive ; but in
all other ports and places in His Highness’s dominions, there
shall be no monopoly whatever; but the subjects of Her
Britannic Majesty shall be at liberty to buy and sell with


16
perfect freedom, from whomsoever and to whomsoever they
choose, subject to no other duty by Government than that before
mentioned.
XI. If any dispute should arise in the dominions of His Highness
the Sultan of Muscat, as to the value of goods which shall be
imported by British merchants, and on which the duty of 5 per
cent, is to be levied, the custom-master, or other authorized
officer, acting on the part of the Government of His Highness the
Sultan of Muscat, shall be entitled to demand one-twentieth part
of the goods in lieu of the payment of 5 per cent. ; and the merchant
shall be bound to surrender the twentieth, part so demanded,
whenever, from the nature of the articles, it may be practicable to
do so ; but the merchant having done so, shall be subject to no
further demand on account of customs on the other nineteen-
twentieths of those goods, in any part of the dominions of His
Highness the Sultan of Muscat, to which he may transport them.
But if the custom-master should object to levy the duty in the
manner aforesaid, by taking one-twentieth part of the goods, or
if the goods should not admit of being so divided, then the point
in dispute shall be referred to 2 competent persons, one chosen
by the custom-master and the other by the importer ; and a
valuation of the goods shall be made ; and if the referees shall
differ in opinion, they shall appoint an arbitrator, whose decision
shall be final; and the duty shall be levied according to the value
thus established.
XII. It shall not be lawful for any British merchant to expose
his goods for sale for the space of 3 days after the arrival of such
goods, unless before the expiration of such 3 days, the importer
and custom-master shall have agreed as to the value of such
goods. If the custom-master shall not, within 3 days have accepted
one of the two modes proposed for ascertaining the value of the
goods, the authorities of His Highness the Sultan of Muscat, on
application being made to them to that effect, shall compel the
custom-master to chose one of the two modes by which the amount
of the customs to be levied, is to be determined.
XIII. If it shall happen that either the Queen of England or
His Highness the Sultan of Muscat should be at war with another
country, the subjects of Her Britannic Majesty, and the subjects
of His Highness the Sultan of Muscat, shall nevertheless be allowed
to pass to such country, through the dominions of either Power,
with merchandize of every description, except warlike stores ;
but they shall not be allowed to enter any port or place actually
blockaded or besieged.
XIV. Should a vessel under the British flag enter a port in the
dominions of His Highness the Sultan of Muscat in distress, the
local authorities at such port shall afford all necessary aid to
enable the vessel to refit and to prosecute her voyage ; and if any
such vessel should be wrecked on the coasts of the dominions of
His Highness the Sultan of Muscat, the authorities of His Highness


17
shall give all the assistance in their power, to recover and to deliver
over to the owners all the property that can be saved from such
vessel. The same assistance and protection shall be afforded to
vessels of the dominions of His Highness the Sultan of Muscat,
and property saved therefrom under similar circumstances, in the
ports and on the coasts of the British dominions.
XV. His Highness the Sultan of Muscat hereby renews and
confirms the engagements entered into by His Highness with
Great Britain on the 10th of September, 1822, for the entire sup-
pression of Slave Trade between his dominions and all Christian
countries ; and His Highness further engages that the ships and
vessels of war belonging to the East India Company, shall be
allowed to give full force and effect to the stipulations of the said
Treaty, agreeably with the conditions prescribed therein, and in the
same manner as the ships and vessels of Her Britannic Majesty.
XVI. It is further acknowledged and declared by the High
Contracting Parties, that nothing in this Convention is intended
in any way to interfere with, or rescind any of, the rights and
privileges now enjoyed by the subjects of His Highness the Sultan
of Muscat, in respect to commerce and.navigation, within the
limits of the East India Company’s charter.
XVII. The present Convention shall be ratified, and the ratifi
cations thereof shall be exchanged at Muscat or Zanzibar, as soon
as possible, and in any case within the space of 15 months from the
date hereof.
Done on the island, and at the town of Zanzibar, this 31st day
of May, in the year of Christ, 1839, corresponding with the 17tli
of the month Rebeal Owal, of the ul Hujra, 1255.
HASSAN BIN EBRIHIM. (L.S.) ROBERT COGAN.
ALLI BIN NASER.
No. 1.—ADDITIONAL ARTICLES to the Treaty between
Great Britain ancl Muscat, for the Prevention of Slave
Trade.—December 17, 1839.
(Translation.) ----
On the 17th December, 1839, His Royal Highness the Imaum
of Muscat consented to the 3 following Articles being added to
the Treaty for the suppression of the Slave Trade, concluded by
His Highness with Captain Moresby in September, 1822.
I agree that the following Articles be added to the above Treaty,
concluded by Captain Moresby on the aforesaid date :
Art. I. That the Government cruizers whenever they may
meet vessels belonging to my subjects beyond a direct line drawn
(514) b


18
from Cape Delgado, passing 2 degrees seaward of the Tsland of
Socotra, and ending at Pussein, and shall suspect that such vessel
is engaged in the Slave Trade, the said cruizers are permitted to
detain and search it.
II. Should it on examination be found that any vessel belonging
to my subjects is carrying slaves, whether men, women or children,
for sale, beyond the aforesaid line, then the Government cruizers
shall seize and confiscate such vessel and her cargo. But if the
said vessel shall pass beyond the aforesaid line, owing to stress of
weather or other case of necessity not under control, then she
shall not be seized.
III. As the selling of males and females, whether grown up or
young, who are “ boor ” or free, is contrary to the Maliomedan
religion; and whereas the Soomalees are included in the “ hoor ” or
free, I do hereby agree that the sale"bf males and females, whether
young or old, of the Soomalee tribe, shall be considered as piracy,
and that I months from this date, all those of my people
convicted of being concerned in such an act shall be punished as
pirates.
Dated 10th Shuval, 1255, a.h., corresponding with the 17th
December, 1839, a.d.
(Seal of His Highness the Imaum of Muscat.)
(True translation.)
S. HENNELL, Resident, Persian Gulf.
No. 8.—ORDONNANCE du Roi des Franqis, qui present la
Publication du Traite d’Amitte et de Commerce conclu, Ic
17 Novembre, 1844, entre la France et I’Iman clc Mascate.
Au Pcdais de Neuilly, le 22 Juillet, 1846.
Louis-Philippe, Roi des Frangais, a tous presents et a venir,
salut.
Savoir faisons que, entre nous et Flman de Mascate, il a ete
conclu a Zanzibar, le 17 Novembre, 1844, un Traite d’Amitie et
de Commerce, dont les Ratifications ont ete respectivement
echangees le 4 Fevrier, 1846, et dont la teneur suit:
TRAITE.
Sa Majeste l’Empereur des Frangais et Son Altesse le Sultan de
Mascate et dependances, voulant etablir sur des bases stables
les rapports de bonne harmonie qui existent entre eux, et favoriser
le developpement des relations commerciales entre leurs Etats
respectifs, ont resolu de conclure un Traite d’Amitie et de
Commerce.


19
Sa Majeste l’Empereur des Frangais a nomme a cet effet, pour
son Plenipotentiaire, le Sieur Romain Desfosses, Capitaine de
Vaisseau, commandant la station navale de Bourbon et de
Madagascar.
Son Altesse le Sultan de Mascate a decide qu’elle negocierait
elle-meme, directement et sans intermediaire, avec le Plenipo-
tentiaire Frangais.
Le Plenipotentiaire de Sa Majeste l’Empereur des Frangais,
a pres avoir presente a Son Altesse l’lman de Mascate les Pleins
Pouvoirs qui lui ont ete confies, les quels ont ete trouves en bonne
et due forme, a arrete avec elle les Articles qui suivent :
Art. I. Il y aura paix constante et amitie perpetuelle entre
Sa Majeste l’Empereur des Frangais, ses lieritiers et successeurs,
d’une part, et Son Altesse l’lman de Mascate, ses heritiers et
successeurs, d’autre part, et entre les sujets des 2 Etats, sans
exception de personnes ni de lieux.
II. Les sujets de Son Altessc l’lman de Mascate pourront,
en toute liberte, entrer, resider, commercer et circuler en France,
avec leurs marcliandises. Les Frangais jouiront de la meme
liberte dans les Etats de Son Altesse le Sultan de Mascate,
et les sujets de chacun des 2 pays auront reciproquement
droit, dans l’autre, a tous les privileges et avantages qui sont
ou pourront etre accordes aux sujets des nations les plus
favorisees.
III. Les Frangais auront la faculte d’aclieter, de vendre ou
de prendre a bail des terres, maisons, magasins, dans les Etats de
Son Altesse le Sultan de Mascate. Nul de pourra, sous aucun
pretexte penetrer dans les maisons, magasins et autres proprietes
possedes ou occupes par des Frangais ou par des personnes au
service des Frangais, ni les visiter sans le consentement de
l’occupant, a moins que ce ne soit avec l’intervention du Consul de
France.
Les Frangais ne pourront, sous aucun pretexte, etre retenus
contre leur volonte dans les Etats du Sultan de Mascate.
IV. Les sujets de Son Altesse le Sultan de Mascate qui seront
au service des Frangais jouiront de la meme protection que les
Frangais eux-mernes ; mais, si les sujets de Son Altesse sont
convaincus de quelque crime ou infraction punissable par la loi,
ils seront congedies par les Frangais au service des quels ils se
trouverait, et livres aux autorites locales.
V. Les Hautes Parties Contractantes se reconnaissent reci-
proquement le droit de nommer des Consuls et Agents Consulates
pour resider dans leurs Etats respectifs. Toutefois, ces agents
ne devront entrer en fonctions qu’avec l’exequatur du
Souverain dans les Etats duquel ils resident. Ces agents jouiront
des memes droits et prerogatives que ceux de la nation la plus
favorisee.
Les Consuls et Agents Consulates, Frangais pourront arborer
le pavilion Frangais sur leur habitation.
(514)
b 2


20
VI. Les autorites relevant de Son Altesse le Sultan de Mascate
n’interviendront point dans les contestations entre Frangais ou
entre des Frangais et des sujets d’autres nations Chretiennes.
Dans les difi erends entre un sujet de Son Altesse et un Frangais,
la plainte, si elle est portee par le premier, ressortira au Consul
Frangais, qui prononcera le iugement; mais, si la plainte est
portee par un Frangais contre quelqu’un des sujets de Son Altesse,
ou de toute autre Puissance Musulmane, la cause sera jugee par
Son Altesse le Sultan de Mascate, ou par telle porsonne qu’il
designera. Dans ce cas, il ne pourra etre procede au jugement
qu’en presence du Consul de France ou d’une personne designee
parlui pour assister a la procedure. Dans les differends entre un
Frangais et un sujet de Son Altesse le Sultan de Mascate, la
deposition d’un individu convaincu de faux temoinage dans une
occasion precedente sera recusee, soit que la cause se trouve
appclee devant le Consul de France, soit qu’elle soit soumise a
Son Altesse le Sultan ou a son representant.
VII. Les biens d’un Frangais dccede dans les Etats de Son
Altesse le Sultan deMascate, ou d’un sujet de Son Altesse decede
en France, seront remis aux lieritiers au executeurs testamentaires
ou, a leur defaut, au Consul ou Agent Consulaire de la nation a
laquelle appartenait le decede.
VIII. Si un Frangais fait faillite dans les Etats du Sultan, le
Consul de France prendra possession du tous les biens du failli et
les remettra a ses creanciers pour etre partages entre eux. Cela
fait, le failli aura droit a une decliarge complete de ses creanciers.
Il ne saurait etre ulterieurement tenu de combler son deficit, et
l’on ne pourra considerer les biens qu’il acquerra par la. suite
comme susceptibles d’etre detournes a c.et effet; mais le Consul
de France ne negligera ancun nioyen d’opterer, dans l’interet
des creancers, la saisie de tout ce qui appartienclra au failli
dans d’autres pays, et de constater qu’il a fait l’abandon sans
reserve de tout ce qu’il possedait au moment ou il a ete declare
insolvable.
IX. Si un sujet de Son Altesse le Sultan de Mascate refuse ou
elude le payement d’une dette envers un Frangais, les autorites
relevant de Son Altesse donneront au creancier toute aide
et facilite pour recouvrer ce qui lui est du ; et de meme le
Consul de France clonnera toute assistance aux sujets de Son
Altesse pour recouvrer les dettes qu’ils auront a reclamer des
Frangais.
X. Le droit a percevoir sur les marchandises apportees par
navires Frangais dans lesEtats de Son Altesse le Sultan de Mascate
n’excedera point 5 pour cent de la valeur; et si les marcliandises
importees par quelque autre nation etaient aclmises a un
droit inferieur, le benefice de cette reduction est garanti aux
produits similaires importes par navires Frangais. Moyennant
l’acquittement de ce droit unique, les navires Frangais et leurs
.cargaisons seront affranchis de toutes taxes d’importation,

SIMMI


21
d’exportation, de tonnage, de licence, de pilotage, d’ancrage, et
de toute autre taxe quelconque, soit a l’entree, soit a la sortie.
Il ne sera exige aucun droit sur la partie de la cargaison qui ne
sera point debarquee, et si ces marchandises sont ensuite trans-
portees sur un autre point des Etats de Son Altesse le Sultan de
Mascate, elles n’y seront soumises a aucun droit additionnel ou
plus eleve. Apres le payement du droit ci-dessus mentionne,
les marchandises pourront etre vendues en gros ou en detail,
sans acquitter de nouveaux droits.
Aucune taxe quelconque ne sera exigee des navires Frangais
qui entreront dans les ports des Etats de Son Altcsse le Sultan de
Mascate pour se reparer, faire des vivres ou connaitre l'etat du
march e.
Les navires Frangais jouiront de plein droit, dans les
ports dependant de Son Altesse le Sultan de Mascate, de tous
privileges et immunites accordes a ceux de la nation la plus
favorisee.
XI. Aucun article quelconque de commerce ne sera proliibe,
soit a l’importation, soit a l’exportation, dans les Etats de Son
Altesse le Sultan de Mascate; le commerce y sera parfaitement
libre et ne sera soumis qu’au seul droit d’importation autorise
par l’Article precedent et a aucun autre. Les Frangais auront
J’entiere liberte d’acheter, de vendre, a qui bon leur semblera,
dans toute l’etendue des domaines de Son Altesse, et cette liberte
nc pourra etre entravee par aucun monopole ou privilege exclusif
de vente ou d’achat.
Toutefois, la France s’abstiendra de faire le commerce de
l’ivoire et de la gomme copale a la cote Orientale d’Afrique,
depuis le port de Tangate, situe par 4° 30' latitude sud,
jusqu’au port de Quiloa, situe par 7° au sud de l’equatcur, ces
2 ports inclus, jusqu’a ce que l’Angleterre, ou les Etats-Unis
d’Amerique, ou toute autre nation Chretienne aient la faculte
de s’y livrer.
XII. S’il s’eleve quelque contestation sur la valeur des mar-
chandises importees dans les Etats du Sultan de Mascate, et sur
lesquplles le droit de 5 pour cent doit etre percu, la douane aura
le droit de demander la vingtieme partie des marchandises en
nature au lieu du payement de 5 pour cent, et le negociant sera
tenu de livrer le vingtieme ainsi reclame, toutes les fois que la
nature des marchandises rendra praticable ce mode de payement;
mais le negociant qui aura acquitte ce droit n’aura plus rien a
payer a la douane pour les dix-neuf autres vingtiemes de ses
marchandises, dans quelque partie des Etats de Son Altesse le
Sultan de Mascate qu’il lui convienne de les transporter ; si la
douane se refuse a prelever le droit du vingtieme, ou si les
marchandises ne comportent point ce fractionnement, le point
enlitigesera soumis a 2 personnes competentes, choisies, l’une par
le Chef de la Douane, l’autre par le negociant, lesquelles evalueront
les marchandises. Si les arbitres different d’opinion ils nom-



22
meront un tiers arbitre dont la decision sera definitive, et le droit
sera preleve d’apres la valeur ainsi etablie.
XIII. Il ne sera point permis a 'un negociant Frangais de
mettre ses marchandises en vente pendant les 3 jours qui suivront
leur arrivee, a moins qu’avant l’expiration de ce delai le negociant
et le Clief de la Douane ne soient tombes d’accord sur la valeur
des marcliandises. Si, dans l’espace de ces 3 jours, le Clief de la
Douane n’a point accepte l’un des deux moyens indiques pour la
perception du droit, les autorites dependant de Son Altesse le
Sultan de Mascate devront, sur la demande qui leur en sera faite,
obliger la douane a adopter l’un ou l’autre de ces 2 modes.
XIV. Si Sa Majeste l’Empereur des Frangais ou Son Altesse
le Sultan de Mascate se trouvaient en guerre avec un autre pays,
les sujets Frangais et ceux de Son Altesse le Sultan pourraient,
neanmoins, se rendre dans ce pays, en passant par les Etats
respectifs des 2 Puissances, avec des marchandises de tout genre,
excepte des munitions de guerre; mais ils ne pourront entrer dans
aucun port ou place assiegee ou soumise a un blocus efiectif.
XV. Si un navire Frangais cn detresse entre dans un port
dependant de Son Altesse le Sultan de Mascate, les autorites
locales lui donneont toutes facilites pour se reparer, se r a vita filer
ct continuer son voyage.
Si un batiment sous pavilion Frangais fait naufrage sur les
cotes des Etats de Son Altesse, les naufrages seront accueillis avec
bienveillance et secourus ; les autorites locales donneront tous
leurs soins au sauvetage, et les objets sauves seront exactement
rcmis aux proprietaries ou au Consul Frangais. La meme assis-
tance et la meme protection sont assurees aux navires des sujets
du Sultan de Mascate qui feraient naufrage sur les cotes de France.
XVI. Si des navires Frangais etaient pris par des pirates autres
que des Chretiens, et conduits dans les Etats de Son Altesse lc
Sultan de Mascate, l’equipage et les passagers de ces batimcnts
seraient remis, ainsi que leurs cargaisons, entre les mains du
Consul ou de l’Agent C'onsulaire de France.
XVII. Les Frangais auront la fac-ulte de former, soit a Zanzibar,
soit sur tout autre point des Etats de Son Altesse le Sultan de
Mascate, des depots ou magasins d’approvisionnements de quel que
nature que ce soit.
XVIII. Toute Convention negocice ou stipulee antericurement
au present Traite est de nulle valeur.
XIX. La presente Convention sera ratifiee, et les Ratifications
seront echanges a Mascate ou a Zanzibar aussitot que possible,
et, au plus tard, dans l’espace de 15 mois, a dater du jour de la
signature.
Fait a Zanzibar, le 17 Novembre, 1844.
(L.S.) ROMAIN DESFOSSES. (L.S.) SEID.
Manpons et ordonnons qu’en consequence les presentes
lettresy revetucs du sceau de l’Etat, soient publiees partout ou


23
besom sera, et inserees au Bulletin des Lois, afin qu’elles soient
notoires a tous et a cliacun.
Notre Garde des Sceaux, Ministre Secretaire d’Etat au Departe-
ment de Justice et des Cultes, et notre Ministre Secretaire d’Etat
au Departement des Affaires Etrangeres, sont charges, chacun
en ce qui le concerne, de surveiller ladite publication.
Donne en notre Palais de Neuilly, le 22e jour du mois de Juillet
de Pan 1846.
Par le Roi: LOUIS-PHILIPPE
Le Ministre et Secretaire d’Etat au Departement
des Affaires JEtrangeres. Guizot.
Note.—French Consular Jurisdiction in Zanzibar was abolished
in 1904. See Exchange of Notes May, 1904.
No. 9.—Agreement between Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland and His
Highness Saeed Saeed, bin Sultan, the Sultan of Muscat, for
the termination of the export of Slaves from the African
Dominions of His Highness the Sultan of Muscat.—
October 2, 1845. -----
Her Majesty the Queen of the Unitd Kingdom of Great Britain
and Ireland being earnestly desirous that the export of slaves
from the African dominions of His Highness the Sultan of Muscat
should cease, and his Highness the Sultan of Muscat, in deference
to the wishes of Her Majesty and of the British nation, and in
furtherance of the dictates of humanity, which have heretofore
induced him to enter into engagements with Great Britain to
restrict the export of slaves from his dominions, being willing to
put an end to that trade ; and Her Majesty the Queen of Great
Britain and Ireland and his Highness the Sultan of Muscat having
resolved to record with due form and solemnity this further
restriction of the export of slaves, and Her Majesty having given
due authority to Captain Hamerton, her representative at the
Court of the Sultan of Muscat, to conclude an agreement with
his Highness accordingly, his Highness Saeed Saeed bin Sultan,
for himself, his heirs, and successors, and Captain Hamerton on
behalf of the Queen of the United Kingdom of Great Britain and
Ireland, her heirs and successors, have agreed upon and concluded
the following articles :
Art. I. His Highness the Sultan of Muscat hereby engages to
prohibit, under the severest penalties, the export of slaves from
his African dominions, and to issue orders to his officers to prevent
and suppress such trade.


24
II. His Highness the Sultan of Muscat further engages to
prohibit, under the severest penalties, the importation of slaves
from any part of Africa into his possessions in Asia, and to use
his utmost influence with all the chiefs of Arabia, the Red Sea,
and the Persian Gulf, in like manner to prevent the introduction
of slaves from Africa into their respective territories.
III. His Highness the Sultan of Muscat grants to the ships
of Her Majesty’s navy, as well as those of the East India Com-
pany, permission to seize and confiscate any vessels the property
of his Highness or of his subjects carrying on Slave Trade, excep-
ting such only as are engaged in the transport of slaves from one
part to another of his own dominions in Africa, between the port of
Lamoo to the north, and its dependencies, the northern limit of
which is the north point of Kuylioo Island, in 1° 57' south latitude,
and the port of Keelwa to the south, and its dependencies, the
southern limit of which is the Songa Manara, or Pagoda Point,
in 9° 2' south latitude, including the Islands of Zanzibar, Bemba,
and Monfea.
IV. This agreement to commence and have effect from the
1st day of January, 1847, of the year of Christ, and the 15th day
of the month of Mohunum, 1263, of the Hejira.
Done at Zanzibar, this 2nd day of October, 1845, of the year
of Christ, and 29tli day of Ramzan, 1261, of the Hejira.
ATKINS HAMERTON, SAEED SAEED BIN SULTAN,
Captain, on behalf of Her Majesty Imaum oj Muscat,
the Queen of Great Britain and
Ireland, her heirs and successors.
No. IQ.—PERMISSION for British Mcn-of-War to search
for Slave Trading vessels in Muscat waters.
The Imaum of Muscat to Consul Ilamcrton.
Confiding in the Almighty. May 6, 1850.
From the confiding slave of God’s mercy, Saeed Ben Sultan.
To the dignified and exalted, and true friend, the kind and
respected Major Hamerton, Her Majesty the Queen of England’s
Consul, may God preserve him, and render his times fortunate
and happy.
Your excellent letter has reached, and your friend understood
all you have mentioned, and with reference to the people of that
quarter (place) from Sanga Manara to Tonglie, you say you wish
permission for the ships of war of Her Majesty the Queen of
England to enter the creeks, rivers, and harbours in which slaves
are sold in violation of orders,


25
My dear friend, we and all belonging to us, even our countries,
are at the disposal of Her Majesty, and should the men-of-war
of Her Majesty the Queen of England require to enter the creeks
rivers, and ports, we are willing they should enter ; we object
not; and all ships or vessels found in those places to whomsoever
belonging, if engaged in the Slave Trade, may be seized, and all
barracoons or places erected for carrying on the Slave Trade
may be burned or destroyed. We have no wish to the contrary,
of yours, and with respect to the Banyan we will send and have
him seized. Whatever you require of us we are ready. The
sign is with you.
Dated 23rd day of Jamadee-ul-Akhir, 1266 (May 6, 1850).
The humble and weak
FAKTR SAEED (with his own hand).
No. 11.— TREATY of Amity, Commerce, and Navigation,
between the Hanseatic Republics of Lubeck, Bremen, and
Hamburg and Zanzibar A—Signed at Zanzibar, June 13,
1859. ----
[Ratifications exchanged at Zanzibar, August 2, I860.]
His Highness Seyed Magid Bin Seyed, Sultan of Zanzibar and
his dependencies, having, in consideration of the extensive and
fast increasing trade and navigation between the Hanseatic
Republics of Lubeck, Bremen and Hamburg and his own dominions
most graciously accepted the proposals of the Senates of the
said Republics for negotiating a Treaty of Amity, Commerce,
and Navigation for the support of mutual welfare and mutual
commercial interest, the Senates of the Hanseatic Republics of
Lubeck, Bremen, and Hamburg have accordingly appointed as
their Plenipotentiary William Henry O’Swald, junr., Esq., a
citizen of the Hanseatic Republic of Hamburg and actually resid-
ing in the city of Zanzibar, island of Zanzibar, and the Sultan of
Zanzibar Seyed Magid Bin Seyed has resolved personally to carry
on negotiation with the said Plenipotentiary. The Plenipoten-
tiary of the above mentioned Hanseatic Republics having
represented to His Highness the Sultan of Zanzibar, that he was.
vested with the requisite powers, the following Treaty has been
concluded by the consent of both the High Contracting Parties.
Art. I. There shall be a perpetual peace and amity between
the Hanseatic Republics of Lubeck, Bremen and Hamburg and
His Highness Seyed Magid Bin Seyed, Sultan of Zanzibar.
® Signed also in the Arabic language.


II. The citizens of the Hanseatic Republics of Lubeck, Bremen
and Hamburg shall have free liberty to enter all the ports of the
dominions of His Highness Seyed Magid Bin Seyed, Sultan of
Zanzibar, with their cargoes of whatever kind the said cargoes
may consist; and they shall have liberty to sell the same to any
of the subjects of the Sultan, or others who may wish to buy the
same or to barter the same for any produce or manufactures of
the kingdom or other articles that may be found there. No price
shall be fixed by His Highness the Sultan or his officers on the
articles to be sold by the merchants of the before mentioned
Hanseatic Republics or the merchandize they may wish to pur-
chase, but the trade shall be free on both sides to sell or buy, or
exchange on the terms and for the prices the owner may think
fit; and whenever the said citizens of the said Hanseatic Republics
may think to depart, they shall be at liberty so to do, and if any
officer of His Highness the Sultan shall contravene this article,
he shall be severely punished.
III. Vessels of the Hanseatic Republics of Lubeck, Bremen
and Hamburg entering the port of Zanzibar or any other port
within His Highness the Sultan's dominions, shall pay no more
than 5 per cent, duties on the cargo landed, and this shall be as a
full equivalent and in lieu of all other import and export duties,
tonnage-dues, licences to trade, pilotage, anchorage or any
charges whatever.
Nor shall any duty or charge be paid on that part of the cargo
which may remain on board unsold and re-exported.
Nor shall any charge whatever be paid on any vessel of
the Hanseatic Republics which may enter any of the ports
of His Highness the Sultan’s dominions for the purpose of
refitting or for refreshments or to inquire into the state of the
market.
And it is also well understood and agreed upon as follows :
Should any vessel of the Hanseatic Republics of Lubeck, Bremen
and Hamburg, whether she has been loaded before in Zanzibar
or in any other port within His Highness the Sultan’s dominions,
or in any foreign port, be obliged to return to or enter any port
within His Highness the Sultan’s dominions for the purpose of
repairing the ship’s damages sustained at sea by stress of weather
or by some other accident of the seas, and thereby be obliged to
unload her cargo, such vessels shall be permitted to land her said
cargo free of duty, and. shall pay no duty whatever on such cargo
landed provided it being re-shipped either on board the said
vessel or on board any other vessel, should the sea-damaged vessel
be condemned.
IV. His Highness the Sultan of Zanzibar hereby engages not
to permit the establishment of any monopoly or exclusive privilege
of sale within his dominions, except in the articles of ivory and
gum copal on that part of the east coast of Africa from the port
of Tangate, situated in about 5| degrees of south latitude to the


27
port of Quali, laying in about 7 degrees south of the equator,
both ports inclusive, but in all other ports and places in His
Highness the Sultan's dominions there shall be no monopoly
whatever, but the citizens of the Hanseatic Republics of Lubeck,
Bremen and Hamburg shall be at liberty to buy and sell with
perfect freedom from whomsoever and to whomsoever they choose,
subject to no other duty by Government than that before
mentioned.
V. The citizens of the Hanseatic Republics of Lubeck, Bremen,
and Hamburg shall enjoy all the privileges and advantages with
respect to commerce or otherwise, which are or may be accorded
to the subjects or citizens of the most favoured nation and par-
ticularly pay no other dutes on export or import, tonnage, licence
to trade, or any other charge whatsoever, than the nation the most
favoured shall pay.
VI. Should a vessel of the Hanseatic Republics of Lubeck,
Bremen, and Hamburg enter a port in the dominions of His
Highness the Sultan of Zanzibar in distress, the local authorities
at such port shall afford all necessary aid to enable the vessel to
refit and to prosecute her voyage ; and if any such vessel should
be wrecked on the coast of the dominions of His Highness the
Sultan of Zanzibar the authorities of His Highness shall give all
the assistance in their power to recover and to deliver over to the
owners all the property that can be saved from such vessel, or
to the Consul of the before mentioned Hanseatic Republics, or
to any authorized agent. The same assistance and protection
shall be afforded to vessels of the dominions of His Highness the
Sultan of Zanzibar, and property saved therefrom under similar
circumstances in the ports and on the coasts of the Hanseatic
Republics of Lubeck, Bremen, and Hamburg.
VII. The citizens of the Hanseatic Republics of Lubeck,
Bremen, and Hamburg, resorting to the ports of His Highness the
Sid tan’s dominions for the purpose of trade, shall have leave to
land and reside in the said ports as well as to purchase, sell or
hire land or houses there. The houses, warehouses or other
premises occupied by the citizens of the three Hanseatic
Republics, or by persons in their service, shall not be forcibly
entered without the permission of the Consul of the Hanseatic
Republics.
VIII. If any citizen of the Hanseatic Republics of Lubeck,
Bremen, and Hamburg, or their vessels or other property, shall
be taken by pirates, and brought within the dominions of His
Highness the Sultan, the persons shall be set at liberty, and the
property restored to the owner, if he is present, or to the Consul of
the before mentioned Hanseatic Republics, or to any authorized
agent.
IX. Vessels belonging to His Highness the Sultan of Zanzibar
or vessels belonging to his subjects which may resort to any
port of the Hanseatic Republics of Lubeck Bremen, and


28
Hamburg shall pay no other or higher rate of duties or other
charges than the'nation the most favoured shall pay.
The subjects of His Highness the Sultan shall be permitted to
reside and pursue commerce in all parts of the Hanseatic Republics
of Lubeck, Bremen, and Hamburg, submitting themselves to the
laws of the country. They shall enjoy the fullest protection for
their persons and for their property.
X. The Senates of the Republics of Lubeck, Bremen, and
Hamburg may appoint Consuls to reside in the ports of His
Highness the Sultan’s dominions, where the principal commerce
shall be carried on. The said Consuls shall at all times be placed
on the footing of the Consuls of the most favoured nations, and
shall enjoy the same privileges, immunities and exemptions
which are enjoyed within the same dominions by similar public
functionaries of other countries.
XI. The Consuls of the Hanseatic Republics of Lubeck, Bre-
men, and Hamburg shall have the power to receive the property of
the citizens of the 3 Hanseatic Republics dying within the domin-
ions of His Highness the Sultan, and to send the same to their
heirs, first paying all their debts to the subjects of His Highness
the Sultan.
XII. The authorities of His Highness the Sultan of Zanzibar
shall not interfere in disputes between citizens of the Hanseatic
Republics of Lubeck, Bremen, and Hamburg, or between the
said citizens and the subjects or citizens of other Christian nations.
When differences arise between a subject of the dominions of
His Highness the Sultan of Zanzibar and a citizen of the above
mentioned Hanseatic Republics, if the former is the complainant
the cause shall be heard by the Consul of the 3 Hanseatic Repub-
lics, who shall administer justice thereupon ; but if the citizen
of the 3 Hanseatic Republics is the complainant against any of
the subjects of His Highness the Sultan of Zanzibar, or the sub-
jects of any other Mahornedan Power, then the cause shall be
decided by the highest authority of His Highness the Sultan of
Zanzibar or by any person nominated by him ; but in such case
the cause shall not be proceeded in except in the presence of the
Consul of the Hanseatic Republics of Lubeck, Bremen, and
Hamburg, or of some person deputed by him.*
XIII. If a citizen of the Republics of Lubeck, Bremen, and
Hamburg shall become bankrupt in the dominions of His Highness
the Sultan, of Zanzibar, the Consul of the 3 Hanseatic Republics
shall take possession of all the property of such bankrupt, and
shall give it up to his creditors to be divided among them. This
having been done the bankrupt shall be entitled to a full discharge
from his creditors, and he shall not at any time afterwards be
required to make up his deficiency, nor shall any property he may
afterwards acquire be considered liable for that purpose. But
the Consul of the Hanseatic Republics of Lubeck, Bremen, and
* The exercise of this jurisdiction has ceased.


29
Hamburg shall use his endeavours to obtain for the benefit of
the creditors all the property of the bankrupt, and to ascertain
that every thing possessed by the bankrupt at the time when he
became insolvent has been given up without reserve.
XIV. If a subject of His Highness the Sultan of Zanzibar
should resist or evade payment of his just debts to a citizen of the
Hanseatic Republics of Lubeck. Bremen and Hamburg, the
authorities of His Highness shall afford to the citizen of the Han-
seatic Republics every aid and facility in recovering the amount
due ; and in like manner the Consul of the 3 Hanseatic Republics
shall afford every aid and facility to subjects of His Highness the
Sultan of Zanzibar, in recovering debts justly due to them from
a citizen of the Hanseatic Republics of Lubeck, Bremen, and
Hamburg.
XV. His Highness the Sultan of Zanzibar shall be at liberty to
appoint Consuls in the cities and ports of the Hanseatic Republics
of Lubeck, Bremen, and Hamburg, for the protection of his
own interest or that of his subjects and such Consuls shall enjoy
the same rights, liberties and privileges, which the Consul of the
most favoured nation shall enjoy.
XVI. The present Convention shall be ratified and the
ratification thereof shall be exchanged at Zanzibar as soon as
possible.
Concluded, signed, and sealed at the Royal Palace of His
Highness the Sultan of Zanzibar, in the city of Zanzibar, island
of Zanzibar, the 13th day of June, in the year 1859 of the Christian
era, corresponding to the lltli day of the moon called Zilkad in
the year of the Allhajra (Hegira) 1275.
For the Senates of the Hanseatic Republics of Lubeck, Bremen,
and Hamburg.
(L.S.) WILLIAM HENRY O’SWALD, Jr.
(L.S.) SEYED MAGID BIN SEYED, Sultan of Zanzibar.
LORD CANNING’S AWARD.
No. 12.—AllliANGDMDNT for the Settlement of Differences
between the Sultan of Muscat and the Sultan of Zanzibar
and the Independence of their respective States.—April 2,
1861; and Correspondence relating thereto, May—A ugust,
1861. ------------------------
Ao. 1.—The Governor-General of India to the Sultan of Zanzibar *
Beloved and Esteemed Friend, Fort William, April 2,1861.
I address your Highness on the subject of the unhappy differ-
ences which have arisen between yourself and your Highness’s
■•■■■ A similar letter was addressed by tlie Governor-General of India to His
Highness Synd Thowaynee Bin Saeed bin Sultan, of Muscat.


30
brother, the Imaum of Muscat, and for the settlement of which
your Highness has engaged to accept the arbitration of the Viceroy
and Governor-General of India.
Having regard to the friendly relations which have always
existed between the Government of Her Majesty the Queen and
the Government of Oman and Zanzibar, and desiring to prevent
war between kinsmen, I accepted the charge of arbitration
between you, and in order to obtain the fullest knowledge of all
the points in dispute, I directed the Government of Bombay to
send an officer to Muscat and Zanzibar to make the necessary
inquiries. Brigadier Coghlan was selected for this purpose, an
officer in whose judgment, intelligence, and impartiality the
Government of India reposes the utmost confidence.
Brigadier Coghlan has submitted a full and clear report of all
the questions at issue between your Highness and your brother.
I have given my most careful attention to each of these
questions.
The terms of my decision are as follows:—
1st. That his Highness Syud Majeed be declared ruler of
Zanzibar and the African dominions of his late Highness Syud
Saeed.
2nd. That the ruler of Zanzibar pay annually to the ruler of
Muscat a subsidy of 40,000 crowns.
3rd. That his Highness Syud Majeed pay to his Highness
Syud Thowaynee the arrears of subsidy for two years, or 80,000
crowns.
I am satisfied that these terms are just and honourable to
both of you ; and as you have deliberately and solemnly accepted
my arbitration, I shall expect that you will cheerfully and faith-
fully abide by them, and that they will be carried out without
unnecessary delay.
The annual payment of 40,000 crowns is not to be understood
as a recognition of the dependence of Zanzibar upon Muscat,
neither is it to be considered as merely personal between your
Highness and your brother Syud Thowaynee. It is to extend to
your respective successors, and is to be held to be a final and
permanent arrangement, compensating the ruler of Muscat for
the abandonment of all claims upon Zanzibar and adjusting the
inequality between the two inheritances derived from your father,
his late Highness Syud Saeed, the venerated friend of the British
Government, which two inheritances are to be henceforward
distinct and separate.
I am, &c.
CANNING.
Ilis Highness Syud, the Sultan of Zanzibar
Fort William, April 2, 1861. ......


31
No. 2.—The Sultan of Muscat to the Governor-General of India,
(Translation.) May 15, 1861.
In the name of the Great God !
After compliments.
At a most propitious and favourable time we were honoured
with the receipt of your esteemed letter, and were highly gratified
with its contents. What your Excellency has stated is most
satisfactory to us, more especially as regards your award betwixt
us and our brother Majid. We heartily accept the same, and
are at a loss how to express our regret for having occasioned
you so much trouble, and our appreciation of the kindness which
has been manifested towards us in this matter. We thank God
for your efforts in our behalf, praying also that your good will
maybe rewarded, and that you may never cease to be our support.
We further pray that our sincere affection may always be towards
the Great (British) Government, and that it may increase con-
tinually: moreover, that your exalted affection and noble solici-
tude may always be exercised towards us, and that we may never
be deprived thereof. As regards our brother Majid, we pray
God during our lifetime he may never experience anything from
us but kindness and hearty good will. Furthermore, we rely
implicitly on your arbitration between us being carried out.
What your exalted Excellency may require in any way from
your attached friend, a hint alone will suffice for its accomplish-
ment, and we shall feel honoured in executing it.
We pray, finally, that you may be preserved to the highest
honours and in the most perfect health. We send you the
salutation of peace as the best conclusion.
From your truly] sincere friend, the servant of God, who
confides in him as the Giver of all good.
(L.S.) THOWAYNEE BIN SAEED BIN SULTAN.
of Eb Kaada, 1277 : 15iA May, 1861.
His Excellency Lord Canning.
No. 3.—The Sultan of Zanzibar to the Governor-General of India.
(Translation.) June 25, 1861.
After usual compliments.
My chief object in addressing this friendly letter to your
Excellency is to inquire after your health. May the Almighty
always protect your Excellency from all evils. As to myself, who
am under great obligations to your Excellency, I beg to state
that by the grace of God, and under your auspices, I am in the
enjoyment of good health. I offer my prayers to the Almighty
for your long life and for the destruction of your enemies. Your


32
Excellency’s kind letter reached me at an auspicious time and I
have become fully acquainted with its contents. When I referred
to your Excellency for settlement the dispute which long existed
between my self and my brother Syud Thowaynee bin Saeed, I
made up my mind to act up to any award which you might pass
on the case. I agree, as directed by your Excellency, to pay to
my said brother the sum of 40,000 crowns annually, and 80,000
crowns on account of arrears for the last two years.
Considering me as a sincere friend, your Excellency will not,
I hope, forget me, and I will cheerfully execute any commissions
which shall be entrusted to me by your Excellency.
MAJEED BIN SAEED.
Zilltef, A.H. 1267 ; 25th June, 1861.
) His Excellency Lord Canning.
No. 4.—-The Sultan of Zanzibar to the British Consul at Zanzibar.
(Translation.) June 29, 1861.
After compliments.
I desire to inform you that I have been very much gratified
by the receipt of the letters from his Lordship the Governor-
General of India and his Excellency the Governor of Bombay,
conveying to me the intelligence of the settlement of the disputes
which existed between myself and my brother Thowaynee bin
Saeed. And, regarding the decision, that I shall pay to my
brother Thowaynee the sum of 40,000 crowns annually, and also
the sum of 80,000 crowns on account of arrears for two years, I
agree to pay these sums, and I accept and am satisfied with the
terms of the decision, and they are binding on me and it is the
desire of the British Government (Javabel Sircar) that each of us,
that is myself and my brother Thowaynee shall be independent
of each other in his own dominions, and Sultan over his own
subjects, that is to say, that Zanzibar and the Islands (Pemba and
Monfea), and the dominions on the continent of Africa dependent
upon it, shall be subject to me, and that Muscat and its dependen-
cies, with the land of Oman., shall be subject to my brother
Thowaynee bin Saeed, and that we should dwell in peace and
friendly alliance the one with the other, as is customary between
brothers. I pray that it may be so if it please God. I feel very
much obliged to the British Government for all its kindness and
favour, and for having averted from my dominions disorders and
hostilities. During my lifetime I shall never forget the kindness
which it has shown to me. And now what I desire from you is
this, that you will mention to his Lordship the Governor-General


33
of India that he should kindly determine that the payment of
the 40,000 crowns per annum to my brother Thowaynee shall be
settled as follows, viz., that 20,000 crowns shall be due and
payable each year at the “ Monsim ” (about April, when the
south-west Monsoon sets in), and that the other 20,000 crowns
shall be due and payable each year at the “ Daman " (about
September, October, when the annual accounts are made up,
and the revenue from the Customs is paid), in like manner as I
before agreed to do when I made the arrangement, through my
cousin Mahomed bin Salim, to pay 40,000 crowns annually to
Muscat.
And respecting the 80,000 crowns, arrears for two years, that
it shall be paid as soon as I can possibly do so.
This I desire, in order that there may be no ground of dispute
hereafter.
This is what I wish for from the friendship of the Government.
And for whatsoever you may desire from me the sign is with
you.
From the confiding slave in God's mercy,
MAJEED BIN SAEED.
Written on the 19th day of the month of Zilhej, in the year
1277 of the Hegira, corresponding to the 29tli June, a.d. 1861.
Lieut.-Col. C. P. Rigby.
No. 5.—The Governor-General of India to the Sultan of Zanzibar.
Beloved and Esteemed Friend, August 22, 1861.
I have received with much satisfaction your friendly letter
dated 15th Zilhej, a.h. 1277. I am gratified to learn that
my award for the settlement of the disputes which long
existed between yourself and your brother Syud Thowaynee
bin Saeed, the ruler of Muscat, has given satisfaction to your
Highness.
The terms of the arbitration will be fulfilled if the sum of
40,000 crowns, payable to your brother annually, be paid by two
instalments, viz., the first at the Monsim and the second at the
Daman.
I beg, &c.
His Highness Syud bin Saeed. CANNING.
(514)
c


34
No. 13.—DECLARATION between G-reat Rritain and
France, engaging reciprocally to respect the Independence of
the Sultans of Muscat and Zanzibar*—Signed at Paris,
March 10, 1862. ----
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland and His Majesty the Emperor of the French,
taking into consideration the importance of maintaining the
independence of His Highness the Sultan of Muscat and of His
Highness the Sultan of Zanzibar, have thought it right to engage
reciprocally to respect the independence of these Sovereigns
The Undersigned, Her Britannic Majesty’s Ambassador Extra-
ordinary and Plenipotentiary at the Court of France, and the
Minister Secretary of State for Foreign Affairs of His Majesty
the Emperor of the French, being furnished with the necessary
powers, hereby declare, in consequence, that their said Majesties
take reciprocally that engagement.
In witness whereof, the Undersigned have signed the present
Declaration, and have affixed thereto the seals of their arms.
Done at Paris, the 10th March, 1862.
(L.S.) ’COWLEY.
(L.S.) E. THOUVENEL.
No. 14.—TREATY between Great Britain and Zanzibar for
the Suppression of the Slave Trade.—Signed at Zanzibar,
June 5, 1873. ----
In the name of the Most High God.
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, and His Highness the Seyyid Barghash-bin-
Said, Sultan of Zanzibar, being desirous to give more complete
effect to the engagements entered into by the Sultan and his
predecessors for the perpetual abolition of the Slave Trade, they
have appointed as their Representatives to conclude a new Treaty
for this purpose, which shall be binding upon themselves, their
heirs and successors, that is to say, Her Majesty the Queen of
Great Britain and Ireland has appointed to that end John Kirk,
the Agent of the English Government at Zanzibar ; and His
Highness the Seyyid Barghash, the Sultan of Zanzibar, has
appointed to that end Nasir-bin-Said, and the two aforenamed,
after having communicated to each other their respective full
powers, have agreed upon and concluded the following Articles :
Art. I. The provisions of the existing Treaties having proved
ineffectual for preventing the export of slaves from the terri-
tories of the Sultan of Zanzibar in Africa, Her Majesty the Queen
and His Highness the Sultan above-named, agree that from this
* Signed also in the French language.


35
I
date the export of slaves from the coast of the mainland of Africa,
whether destined for transport from one part of the Sultan’s
dominions to another or for conveyance to foreign parts, shall
entirely cease. And His Highness the Sultan binds himself, to
the best of his ability, to make an effectual arrangement throughout
his dominions to prevent and abolish the same. And any vessel
engaged in the transport or conveyance of slaves after this date
shall be liable to seizure and condemnation by all such naval or
other officers or agents, and such Courts as may be authorised
for that purpose on the part of Her Majesty.
II. His Highness the Sultan engages that all public markets
in his dominions for the buying and selling of imported slaves shall
be entirely closed.
III. His Highness the Sultan above-named engages to protect,
to the utmost of his ability, all liberated slaves, and to punish
severely any attempt to molest them or to reduce them again to
slavery.
IV. Her Britannic Majesty engages that natives of Indian
States under British protection shall be prohibited from possessing
slaves, and from acquiring any fresh slaves in the meantime,
from this date.
V. The present Treaty shall be ratified, and the ratifications
shall be exchanged, at Zanzibar, as soon as possible, but in any
case in the course of the 9th of Rabia-el-Akliir [5th of June, 1873]
of the months of the date hereof.*
In witness whereof the respective Plenipotentiaries have
signed the same, and have affixed their seals to this Treaty, made
the 5th of June, 1873, corresponding to the 9th of the month
Rabia-el-Akhir, 1290.
JOHN KIRK, Political Agent, Zanzibar.
The mean in God’s sight,
NASIR-BIN-SAID-BIN-ABDALLAH.
. With his own hand.
The humble, the poor,
BARGASH-BIN-SAID.
With his own hand.
No. 15.—DECLARATION of the Meaning of the Treaty of
June 5, 1873, for the Suppression of the Slave Trade.
Dr. Kirk to Earl Granville.—[Received January 14, 1874.)
(Extract.) Zanzibar, December 9, 1873.
Having obtained permission from the Indian Government to
proceed to Europe on temporary leave, I shall lose no time in
4it The Sultan of Zanzibar’s ratification was attached to the original Treaty.
That of Her Majesty was delivered to the Sultan in September, 1873.
(514) c 2


36
placing in your Lordship’s hands the original Declaration of
Meaning of the Treaty of June 5, 1873, signed by the Sultan of
Zanzibar.
Earl Granville. JOHN KIRK.
In order to remove certain doubts regarding the actual meaning
and operation of the provisions of the Treaty of the 5thJune, 1873,
for the suppression of the Slave Trade within the dominions of
the Sultan of Zanzibar, in so far as these relate to slaves not for
sale, but being conveyed by sea against their will : “ It is pro-
visionally agreed upon by His Highness Seyed Bargash, Sultan of
Zanzibar, on the one part, and by John Kirk, Esq., Her Majesty’s
Political Agent and Consul-General on the other part, pending
the gracious approval of Her Majesty the Queen of Great Britain
and Ireland, as follows :
“ That any Zanzibar vessel found carrying slaves, either as
domestics or serving as sailors, against their will, but not for
sale, shall, although liable to detention, no longer be destroyed
or condemned ; these slaves, shall, however, in all cases be freed
by the British authorities, and the vessel and cargo released,
His Highness the Sultan of Zanzibar hereby engaging to punish
the offenders, the owner or owners, and captain.
“ And, moreover, it is distinctly understood that nothing
herein written shall in any way affect or alter what has been agreed
upon regarding vessels in which slaves are conveyed for sale.”
No. 16.—TREATY between Great Britain and Zanzibar,
supplementary to the Treaty for the Suppression of the
Slave Trade of June 5, 1873.—Signed at London, July 14,
1875. ----
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, and His Highness the Seyyid Barghasli-bin-
Said, Sultan of Zanzibar, having concluded a Treaty at Zanzibar,
on the 5th June, 1873, corresponding to the 9th of the month of
Rabia-el-Akhir, a.h. 1290, for the abolition of the Slave Trade ;
and whereas doubts have arisen or may arise in regard to the
interpretation of that Treaty, Her Britannic Majesty and His
Highness the Sultan of Zanzibar have resolved to conclude a
further Treaty*on this subject, and have for this purpose named
as their Plenipotentiaries, that is to say :—
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, the Right Honourable Edward Henry, Earl
of Derby, Baron Stanley of Bickerstaffe, a Peer and a Baronet of
England, Her Majesty’s Principal Secretary of State for Foreign
Affairs, &c. ;


37
And His Highness the Seyyid Barghash-bin-Said, Sultan of
Zanzibar, Nasir-bin-Said-bin-Abdallah ;
Who, after having communicated to each other their respective
full powers, have agreed upon and concluded the following
Articles :—
Art. I. The presence on board of a vessel of domestic slaves
in attendance on or in discharge of the legitimate business of
their masters, or of slaves frond fide employed in the navigation of
the vessel, shall in no case of itself justify the seizure and con-
demnation of the vessel, provided that such slaves are not detained
on board against their will. If any such slaves are detained on
board against their will they shall be freed, but the vessel shall,
nevertheless, not on that account alone be condemned.
II. All vessels found conveying slaves (other than domestic
slaves in attendance on or in the discharge of legitimate business
of their masters, or slaves frond fide employed in the navigation of
the vessels) to or from any part of His Highness’ dominions, or
of any foreign country, whether such slaves be destined for sale
or not, shall be deemed guilty of carrying on the Slave Trade,
and may be seized by any of Her Majesty’s ships of war and
condemned by any British Court exercising Admiralty juris-
diction.
III. The present Treaty shall be ratified, and the ratifications
shall be exchanged at Zanzibar as soon as possible.
In witness whereof the respective Plenipotentiaries have
signed the same, and have affixed thereto their seals.
Done at London, the 14th day of July, in the year of grace
1875.
(L.S.) DERBY.
(L.S.) NASIR-BIN-SAID-ABDALLAH.
This is ratified.
(L.S.) BARGHASH-BIN-SAID.
No. 17 .—TREATY of Commerce, Slave Trade, Portugal and Zanzibar.—Signed at Zanzibar, October 25,
1879. ----
[Ratifications exchanged at Zanzibar, June 18, 1883.]
(Translation.) ----
His Majesty the King of Portugal and of the Algarves, and
His Highness Sayyid Barghash bin Sa’eed bin Sultan bin Ahmed,
Sultan of Zanzibar and its dependencies, being equally desirous
of establishing by means of a solemn agreement the friendly
relations which exist between their respective countries, terri-
tories, and people, have determined to negotiate with this object



â– v
a Treaty of Friendship and Commerce between the two countries,
and for this purpose His Majesty the King of Portugal and of the
Algarves has named as his Plenipotentiary Francisco Maria da
Cunha, one of his Council, Knight of the Order of Aviz, Colonel
of Artillery, and Governor-General of the Province of Mozam-
bique ; His Highness the Sultan of Zanzibar, Sayyid Bargliash
bin Sa’eed bin Sultan bin Ahmed, has named as his Plenipotentiary
Mahomed bin Mahomed Bakusoomar ; who, having exchanged
their full powers, found to be in good and true form, have agreed
upon the following Articles :—
Art. I. There shall be inviolable peace between His Majesty
the King of Portugal and of the Algarves, his heirs and successors,
and His Highness Sayyid Bargliash bin Sa'eed bin Sultan bin
Ahmed, Sultan of Zanzibar, his heirs and successors, throughout
the whole extent of their dominions and territories, and between
their respective subjects, without distinction of persons or
places.
II. The subjects of His Majesty the King of Portugal shall
have full liberty to enter all the harbours of the dominions of
His Highness Sayyid Barghash bin Sa’eed bin Sultan bin Ahmed,
Sultan of Zanzibar, with cargoes of any sort whatever, and shall
have liberty to sell the same to any of the subjects of the Sultan,
or to others who may wish to buy or exchange them for any
products or manufactures of the country or other articles, with
the exception of gunpowder and ammunition, or articles of war
which may not be sold within the dominions of His Highness
w ithout his consent.
No fixed price shall be established by His Highness the Sultan
in regard to the goods which may be sold to Portuguese merchants,
nr in resnect, of the poods which thev ma.v wish to sell hot trade


39
on board which is not sold and is re-exported ; moreover, a
Portuguese ship entering the harbours of His Highness the Sultan
for the purpose of repairs, obtaining provisions or information
respecting whatever.
It is further agreed that, should any Portuguese vessel, after
having been loaded in Zanzibar or other harbour in the dominions
of His Highness the Sultan, or in a foreign port, be forced to
enter again into any of the harbours of His Highness for the purpose
of refitting, or to repair damage, and should require in this way
to land cargo, she shall be allowed to do so without payment
of any duty whatever, provided that it shall be re-embarked
either on board the same or of another vessel, should the first one
be condemned.
IV. His Highness the Sultan of Zanzibar binds himself not to
allow the establishment of any monopoly or trade privilege in
his dominions, unless in such articles as ivory and gum copal,
in that part of the East Coast of Africa, from the harbour of
Tanga which is in about 4|° latitude south, to the harbour of
Quiloa, in about 9° south of the equator ; but in all other harbours
and places in the dominions of His Highness the Sultan, there
shall be no monopoly whatever, but Portuguese subjects shall
have freedom to buy and sell to whomsoever they may please
without being subject to any other duty whatever but the above
mentioned.
V. Portuguese citizens shall enjoy all the advantages and
privileges respectively of commerce and all others whatever which
are or may be hereafter granted to the subjects or citizens of the
most favoured nation, and especially they shall not pay any other
duties of export or import, tonnage, licence, or other impost
whatever other than those which the most favoured nation shall
pay.
VI. Should a Portuguese vessel put into any of the harbours
of the dominions of-His Highness the Sultan of Zanzibar on
account of damage, the local authorities shall render every neces-
sary assistance in order that she may be repaired and proceed
on her voyage, and if any Portuguese vessel is shipwrecked on
the shores of the dominions of His Highness the Sultan, the
authorities of His Highness shall lend every assistance in order to
save and give over to the owners, or to the Portuguese Consul,
or to any authorized agent, all that can be saved from such
vessel: the same help and protection shall be given in the like
circumstances to ships of His Highness the Sultan of Zanzibar
and in favour of goods saved in the harbours and on the shores
of the Portuguese dominions.
VII. The subjects of Portugal who may be in any of the har-
bours of the dominions of Zanzibar for purposes of trade shall
be permitted to land and reside in those harbours, as also to buy,
sell, and lease lands and houses. Within the houses, magazines,


40
and other properties occupied by Portuguese, or by individuals
in their service, none may enter without the permission of the
Portuguese Consul; nevertheless, in the country estates or
plantations (“shambas”) the authorities of His Highness shall
have power to proceed against his subjects and to arrest them,
not interfering in so doing with those who may be in the service
of Portuguese subjects.
VIII. Should any Portuguese subject, or ship, or goods belong-
ing to them be taken by pirates, subjects of His Highness,
and brought into his dominions, their persons shall be
placed at liberty and the goods given to the owner should he
be present, or to the Portuguese Consul or other authorized
agent.
IX. Vessels of His Highness the Sultan of Zanzibar, or of his
subjects, which may enter into any of the Portuguese harbours,
shall not pay other or greater dues or imposts than are paid by
the most favoured nation.
The subjects of His Highness the Sultan of Zanzibar shall be
allowed to reside and trade in all the harbours of the dominions
of His Majesty the King of Portugal, submitting themselves to
the laws of the country, and shall enjoy the most complete
protection of their persons and effects.
X. His Majesty the King of Portugal shall have power to
nominate Consuls to reside in the principal ports of trade in the
dominions of His Highness the Sultan of Zanzibar ; these Consuls
shall be always placed on the same footing as Consuls of the
most favoured nation, and enjoy the same privileges, immunities,
and exemptions as within the same dominions are granted to
similar public functionaries of other countries.
XI. The Portuguese Consuls shall have authority to receive
the goods of Portuguese citizens who may die within the dominions
of His Highness the Sultan, and to remit the same to the heirs,
paying in the first place the debts that may be due to the subjects
of His Highness the Sultan.
XII. The authorities of His Highness the Sultan of Zanzibar
shall not interfere in disputes between Portuguese, or between
them and. others, subjects of Christian nations.
In disputes between a subject of His Highness and a Portu-
guese, if the complaint shall be made by the former, it shall be
dealt with by the Portuguese Consul, who shall give judgment;
on the other hand, if the claim shall be made by a Portuguese
subject against a subject of His Highness, or of any Mussulman
Power, the cause shall be decided by the highest authority of His
Highness the Sultan, or by some one named by him, the matter
being for this purpose brought before the knowledge of His
Highness by the Portuguese Consul. In the event of the case
being judged by some one named by His Highness, it shall not be
proceeded with unless in the presence of the Consul above referred
to, or of some one named by him.


41
Should, however, a Portuguese subject be in the service of
the Government of His Highness, and have previously given his
subjection to the jurisdiction of the country and declared to this
effect at the Portuguese Consulate, he shall be tried by His
Highness in like manner as the subjects of His Highness in
the service of the Portuguese Consulate shall be tried by that
Consul.
XIII. Should a Portuguese become bankrupt within the
dominions of His Highness the Sultan of Zanzibar, the Portuguese
Consul shall take account of all the goods of the bankrupt and give
them over to his creditors for division among them. This being
done, the responsibility of the bankrupt shall cease towards
his creditors, and he shall not be required to pay the deficit out
of any goods which he may subsequently acquire ; but the
Portuguese Consul shall, in the interest of the creditors, make
every endeavour to secure the delivery of all the goods which the
bankrupt may possess without reserve at the time that he shall
have been declared insolvent.
XIV. If a subject of His Highness the Sultan of Zanzibar
shall refuse or evade payment of a debt due to a Portuguese, the
authorities of His Highness shall render the creditor every help
and facility in order that he may obtain what is due. In the same
way the Portuguese Consul shall give all help to the subjects of
His Highness in the recovery of debts which they may have to
claim from Portuguese.
XV. His Highness the Sultan of Zanzibar shall have the power
to nominate Consuls in the towns and harbours of the dominions
of Portugal for the protection of his own interests and those of
his subjects, and such Consuls shall enjoy the same rights, liber-
ties, and privileges as may be granted to the Consuls of the most
favoured nation.
XVI. The Traffic in Slaves shall not be allowed to the subjects
of either of the High Contracting Parties within the dominions
of the other. Whosoever may be found engaged in this Traffic
shall be seized and given over to the authorities of the country
to which he may belong for the purpose of being proceeded
against in accordance with law, and the slaves who may have
been bought shall be at once set free, it being incumbent on the
authorities of the two countries to communicate to each other
whatever may take place in this respect.
XVII. Subjects of the two High Contracting Parties shall
enjoy the most perfect and complete liberty of conscience within
the territories subject to the jurisdiction of each one of them,
never being interfered with on account of religious belief, and,
moreover, the bodies of the subjects of either of the High Con-
tracting Parties who may die in the territories of the other may
be buried in the customary cemeteries, or in any other appropriate
and decent place, being protected from every violation or insult
whatsoever.


42
XVIII. The present Treaty shall be ratified, and the ratifica-
tions exchanged in Zanzibar as soon as may be possible.
Executed in duplicate in the Island and City of Zanzibar on the
25th day of October, 1879.
(L.S.) FRANCISCO MARIA DA CUNHA, Governor-
General oj Mozambique.
Arabic signature of Zanzibar Plenipotentiary.
Note.—The Right of Jurisdiction acquired under this Treaty
was surrendered by the Portuguese Government by Royal Decree
of February 28,1907.
No. 18.—TREATY of Commerce between Italy and Zanzibar.
—Signed at Zanzibar, May 28, 1885. Additional Article,
October 10, 1885. ----
[Ratifications exchanged at Zanzibar, October 10, 1885.]
(Translation.) ----
His Majesty Humbert I, King of Italy, and His Highness Said
Barghash-bin-Said, Sultan of Zanzibar, being desirous of estab-
lishing between themselves friendly relations, in order to favour
and promote the commerce existing between their dominions,
have agreed to conclude a Treaty of Friendship and Commerce.
His Majesty the King of Italy has appointed as his Represen-
tative for this purpose Cavaliere Matteo Fecarotta, Captain of
Frigate ; and Captain Cavaliere Antonio Cecchi;
His Highness the Sultan of Zanzibar has appointed as his
Representative his Secretary, Mohammed-bin-Salem-biu-Moham-
med-el-Mauli;
Who, having exchanged the powers conferred upon them, have
concluded the following Articles :—
Art. I. The subjects of His Highness the Sultan of Zanzibar
shall enjoy full liberty to enter, reside, trade, and travel with their
merchandize, both in Italy and in the Italian Colonies on the
Red Sea ; and the like liberty shall be accorded to the subjects of
His Majesty the King of Italy within the dominions of His
Highness the Sultan of Zanzibar.
The subjects of each of the two countries shall have the
reciprocal right when they are in the other country to all the
privileges and advantages with respect to commerce which are
or may be accorded to the subjects of the most favoured nation.
II. The subjects of His Majesty the King of Italy shall be
at liberty to buy, sell, or hire lands, houses, and magazines within
the States of His Highness the Sultan of Zanzibar. No one may
under any pretext enter the houses, magazines, or other property
of Italians or of persons in their service without the consent of


42*
No. 17 a.—DECLAB, ATION respecting Nguru ancl Usagara—
November 26, 1884.
(Translation.)
Salim-bin-Hamed, for the last four years first Plenipotentiary
of His Highness the Sultan of Zanzibar in Nguru, declares in
presence of a number of competent witnesses, that the Sultan of
Zanzibar possesses no rights of suzerainty or protection on the
Continent of East Africa, especially not in Nguru and Usagara.
He declares himself a friend of Dr. Peters, and promises to
support the undertakings of the Society for German Colonization
to the best of his ability. He solicits the friendship of Dr. Peters,
representative of the Society of German Colonization, which is
granted.
Dr. KARL PETERS.
Signature of Salim-bin Hamed.
The preceding Declaration and statement having been
previously communicated by Ramazan to Salim-bin-Hamed, has
been legally and voluntarily executed by both sides.
This we certify.
Their X Marabus. Grab Pfeil.
X Hamisi. August Otto.
X Ali. Dr. Karl Juhlke.
X SuRURU.
X Ramazan.
marks.
Mvomero, November 26, 1884.
(514)





43
the owner, unless this should be done with the intervention of
the Consul of His Majesty the King of Italy.
Italians cannot under any pretext be detained against their
will within the States of His Highness the Sultan of Zanzibar.
The subjects of His Highness the Sultan of Zanzibar shall
enjoy within the States of His Majesty the King of Italy the same
rights as are granted to Italians in this Article.
III. The subjects of His Highness the Sultan of Zanzibar who
are in the service of Italians shall enjoy the same protection as
is accorded to the latter. But if the subjects of His Highness
shall be guilty of some crime or offence coming under the power
of the law, they shall be expelled from the service of the Italians
and handed over to the local authorities.
IV. His Majesty the King of Italy and His Highness the
Sultan of Zanzibar shall have the reciprocal right of appointing
Consuls or Consular Agents in their respective States, and these
Consuls or Consular Agents shall enjoy the same privileges,
immunities, and exceptions as are granted to those of the most
favoured nation.
V. The authorities under His Highness the Sultan of Zanzibar
shall never intervene in questions which may arise between
Italian subjects, or between them and others of another Christian
nation.
In differences between a subject of His Highness the Sultan of
Zanzibar and an Italian, if the complaint is made by the former,
the question shall be judged by the Consul of His Majesty the
King of Italy ; but if the complaint is made by an Italian against
one of the subjects of His Highness or of another Mussulman
Power, the dispute shall be adjudicated by His Highness the
Sultan of Zanzibar or by a person designated by him. In this
case, however, the accused party shall not be proceeded against
save in the presence of the Italian Consul or his substitute.
In lawsuits between an Italian and a subject of His Highness
the Sultan of Zanzibar, the evidence of a person convicted of
perjury in a previous action shall be rejected, whether the case is
tried before the Italian Consul or before His Highness the Sultan
or his representative.
VI. The property of an Italian dying within the dominions of
His Highness the Sultan of Zanzibar, or of a subject of His High-
ness dying within the dominions of His Majesty the King of
Italy, shall be remitted to the heirs or testamentary executors, or
in default of them, to the Consuls or Consular Agents of the
nation to which the deceased belonged.
VII. If an Italian becomes bankrupt within the States of His
Highness the Sultan of Zanzibar, the Italian Consul shall have the
right to take possession of the property of the bankrupt and hand
it over to his creditors to be divided amongst them. By this
process the bankrupt shall be understood to be exempted from all
ulterior obligation towards his creditors ; and even when he shall


44
acquire new possessions thereafter, these can never be devoted
to the completion of his payments.
It is well understood that the Italian Consul will use every
means in his power to effect, in the interests of the creditors, the
seizure of all property owned by the bankrupt in other countries
and to establish the fact that at the moment when the bankrupt
is declared insolvent he has given up without reserve all his
possessions.
VIII. If a subject of His Highness the Sultan, of Zanzibar
refuses or seeks in any way to avoid payment of a debt con-
tracted towards an Italian, the authorities under His Highness
the Sultan shall afford the creditor all the assistance necessary
for him to obtain that which is due to him; and on the other hand
the Italian Consul shall give all his aid to subjects of His Highness
the Sultan in obtaining payment of the debts due to them from
an Italian.
IX. The subjects of His Majesty the King of Italy shall pay
for their merchandize and vessels, both on entering and on leaving
the ports of the Sultanate of Zanzibar, the taxes to which the
subjects of the most favoured nation are liable.
In the same way vessels belonging to His Highness the Sultan
of Zanzibar or to his subjects shall be bound to pay on entering
the ports of the Kingdom of Italy the same duties to which the
most favoured nation is liable.
On these conditions being observed the goods may be sold
either by wholesale or retail.
No payment can be exacted from Italian vessels entering the
ports of the Sultanate of Zanzibar for the purpose of repairs,
for victualling, or for obtaining information as to local commerce.
Italian vessels will further enjoy in the ports belonging to the
Sultanate of Zanzibar all the privileges, rights and immunities
granted to those of the most favoured nation.
The same holds good for the vessels of His Highness the Sultan
of Zanzibar in Italian ports.
X. Within the dominions of His Highness the Sultan of
Zanzibar no article of commerce shall be forbidden either for
importation or exportation. Commerce shall be perfectly free,
and shall be subject to no duties excepting those contained in
Article IX.
Italians shall have full liberty of buying, selling, and making
contracts with whom they please in all the dominions of His
Highness the Sultan of Zanzibar ; this freedom can never be
hampered by any monopoly or exclusive privilege of buying or
selling.
The same freedom of commerce will be granted to the subjects
of His Highness the Sultan of Zanzibar in the Kingdom of Italy.
XI. If questions arise as to the value of goods imported by
Italian subjects into the State of His Highness the Sultan of
Zanzibar on which customs duties are to be levied, these questions


45
will be solved according to the regulations existing for the most
favoured nation.
XII. If an Italian vessel is forced by bad weather to anchor in
one of the ports of the Sultanate of Zanzibar, the local authorities
will afford her aid in order that she may repair, revictual, and
continue her voyage as quickly as possible.
If a vessel under the Italian flag be shipwrecked upon the
coasts of the States of His Highness the Sultan of Zanzibar, the
shipwrecked persons shall be received, maintained and succoured
by the local authorities, who shall likewise afford their good
offices for the salvage of the articles and merchandize of the
shipwrecked vessel. These articles and merchandize shall be
given up entire to their respective owners or to the Italian Consul.
The like aid and protection is guaranteed to the ships of the
subjects of His Highness the Sultan of Zanzibar which may be
wrecked on the coasts of the States of His Majesty the King of
Italy.
XIII. If an Italian vessel leaving one of the ports belonging to
His Highness the Sultan of Zanzibar is constrained to return
thither to repair damages suffered on the voyage on account of
bad weather or any accident at sea, it may land and re-embark its
merchandize after making repairs without being subjected to
any payment of duties.
The same holds good for the vessels of the subjects of His
Highness the Sultan of Zanzibar in the ports of Italy.
XIV. The subjects of His Majesty the King of Italy may
establish at any point of the dominions of His Highness the
Sultan of Zanzibar depots or magazines of provisions of every
kind. The same will be permitted to the subjects of His Highness
the Sultan of Zanzibar.
XV. The present Treaty shall be ratified, and the ratifications
shall be exchanged at Zanzibar as soon as possible.
In faith of which the Representatives of His Majesty the King
of Italy and of His Highness the Sultan of Zanzibar have signed,
under reserve of the approval of His Majesty the King of Italy.
Done at Zanzibar, the 28tli May, 1885, corresponding to the
14th Sciaabban of the year 1302 of the Hegira.
(L.S.) MATTEO FECAROTTA, Captain of Frigate.
(L.S.) ANTONIO’ CECCHI, Captain.
(L.S.) Signature of Zanzibar Plenipotentiary.
ADDITIONAL ARTICLE.—Zanzibar, October 10, 1885,
In the act of proceeding, with the reserve of the approval of
the Italian Parliament,* to the ratification of the Treaty of
® Approved by the Chamber of Deputies, November 30, 1886; and by
the Senate, December 21, 1886. For cessation of Italian Consular Jurisdic-
tion in Zanzibar, see Exchange of Notes, - July, 1905,


46
Commerce concluded the 28th May, 1885 (14th Sciaabban of the
year 1302 of the Hegira) between His Majesty Humbert I, King of
Italy, and His Highness Said Barghash, Sultan of Zanzibar, the
undersigned Plenipotentiaries have stipulated and agreed upon
the following Additional Article, which will be understood to
form an integral part of the said Treaty :—
Additional Article.—In order that no doubt may remain as to
the value and signification of any of the clauses of the Treaty
stipulated at Zanzibar between the Kingdom of Italy and the
Sultanate of Zanzibar, and signed there on the 28th May, 1885
(14th Sciaabban of the year 1302 of the Hegira), it is expressly
understood and agreed that the entire Treaty, and particularly
Articles II, VII, and X, are to be interpreted and applied in as
far as concerns Italian subjects and Italian territory subject to
the precise observance of the laws in force in the kingdom.
In faith of which the Undersigned have signed the present
Additional Article and sealed the same with their seals.
Done at Zanzibar the 10th October, 1885 (1st Moharrem of the
year 1303 of the Hegira).
(L.S.) MATTEO FECAROTTA, Captain of Frigate.
(L.S.) ANTONIO CECCHI, Captain.
(L.S.) Signature of Zanzibar Plenipotentiary.
No. 19.—CONVENTION PROVISOIRE d'Etablissement,
de Commerce, ct de Navigation entre la Belgique et le
Zanzibar.—SigvAe d Zanzibar, le 30 Mai, 1885.
[Ratifications echangees a Zanzibar, le 15 Octobre,1886.J
Sa Majeste le Roi des Beiges et Sa Hautesse le Seyd Bargach-
bin-Said, Sultan de Zanzibar, desirant regler provisoirement les
relations commerciales entre les deux pays pendant la periode de
temps necessaire pour la negociation et la conclusion d’un Traite
de Commerce, ont resolu de signer a cet effet une Convention
Provisoire de duree illimitee, et ont nomme pour leurs Plenipo-
tentiaries respectifs :
Sa Majeste le Roi des Beiges, le Sieur Jean van der Elst, son
Consul a Zanzibar ;
Et Sa Hautesse le Sultan de Zanzibar, Mohamed-bin-Salim-
bin-Mohamed Maouli, son Premier Secretaire ;
Lesquels, apres s’etre communique leurs pleins pouvoirs,
trouves en bonne et due forme, sont convenus des Articles
suivants :—
Art. I. Les Beiges jouiront, dans les Etats du Sultan, du
traitement de la nation la plus favorisee sous le rapport de com-


47
merce et sous tous les autres rapports ; ils n’auront a payer,
pour leurs marchandises et leurs navires, a l’importation et a
1’exportation, que les droits auxquels seront assujettis les sujets
de la nation la plus favorisee.
Les navires appartenant a Sa Hautesse le Sultan de Zanzibar
ou a ses sujets ne payeront pas, a l’entree dans les ports Beiges,
des droits autres ou plus eleves que ceux dont seront frappes les
navires de la nation la pus favorisee. Il sera permis aux sujets
du Sultan de resider et de faire le commerce dans les Etats de Sa
Majeste le Roi des Beiges en se soumettant aux lois du pays ; ils
y jouiront de la plus complete protection quant a leurs personnes
et leurs biens.
II. Sa Majeste le Roi des Beiges pourra nommer des Consuls
dans les Etats de Sa Hautesse le Sultan de Zanzibar. Ces Consuls
seront traites sur le meme pied et jouiront des memes privileges,
immunites, et exemptions que ceux de la nation la plus favorisee.
Sa Hautesse le Sultan de Zanzibar aura le droit de nommer des
Consuls en Belgique pour la protection de ses propres interets
et de ceux de ses sujets. Ces Consuls y jouiront des memes
droits, immunites, et privileges que ceux de la nation la plus
favorisee a cet egard.
III. Le present arrangement provisoire restera en vigueur
jusqu’a la conclusion d’un Traite de Commerce definitif.
IV. Le present arrangement sera ratifie et les ratifications en
seront echangees a Zanzibar dans le plus bref delai possible.
En foi de quoi il a ete signe au Palais de Zanzibar, le 30e jour
du mois de Mai de l’an 1885, correspondant au 15e jour du mois do
Chaaban, de l’an 1302 de l’Hegire.
(L.S.) JEAN van der ELST.
(L.S.) MOHAMED-BIN-SALIM-BIN-
MOHAMED MAOULI.
Note.—Belgian Consular Jurisdiction in Zanzibar was surren-
dered under notes exchanged between the British and Belgian
Governments, May-^, 1907.
No. 20.—TREATY of Friendship, Commerce, and Naviga-
tion, between Germany and Zanzibar.—Signed at Zanzibar,
December 20, 1885. ----
[Ratifications exchanged at Zanzibar, July 5, 1886.]
His Majesty the German Emperor, King of Prussia, and His
Highness Seyyid Barghash ben Said, Sultan of Zanzibar, being
desirous to confirm and strengthen the friendly relations which


48
now subsist between the two countries and to promote and extend
their commercial and shipping relations, have resolved to conclude
a Treaty for this purpose and appointed as their Plenipoten-
tiaries : x
His Majesty the German Emperor, King of Prussia, Rear-
Admiral Ernst Wilhelm Heinrich Hugo Eduard Knorr ; and
His Highness the Sultan of Zanzibar, his Chief-Secretary
Mohamed-ben-Salem-ben -Mohamed;
Who, having communicated to each other their respective
full powers, found in good and true form, have concluded, subject
to ratification, the following Treaty of Amity, Trade, and Navi-
gation :—
Art. I. There shall be perpetual peace and sincere friendship
between the High Contracting Parties and their subjects.
II. Subjects of His Majesty the German Emperor shall enjoy
throughout the dominions of His Highness the Sultan of Zanzibar
with respect to commerce, shipping, and the exercise of trade,
as in every other respect, all the rights, privileges, immunities,
and advantages'of whatsoever nature which are, or hereafter may
be, enjoyed by, or accorded to, the subjects or citizens of the most
favoured nation.
They shall more especially not be liable to other or more
onerous duties, imposts, restrictions, or obligations, of whatever
description, than those to which subjects or citizens of the most
favoured nation now are, or hereafter may be, subjected.
The same rights shall also be accorded to subjects of His
Highness the Sultan of Zanzibar within the territory of the
German Empire.
III. The High Contracting Parties acknowledge reciprocally
the right of appointing Consuls to reside in each other’s dominions,
wherever this may be deemed to be desirable in the interest of
commerce or otherwise. The Consuls of the High Contracting
Parties, together with their assistants and those in their service,
shall enjoy with regard to their persons, houses, and also in the
exercise of their official duties, in addition to the rights herein
stipulated, the same honours and privileges as are, or in future
shall be, enjoyed by Consuls and Consular officers of the most
favoured nation.
In event of a riot or other disturbance of the public peace,
the Consuls at their request shall be provided with a guard, in
order to guarantee their safety and the inviolability of the Consular
office and dwelling.
IV. There shall be full and perfect freedom of commerce and
navigation between the High Contracting Parties. Their subj ects
shall each, throughout the dominions of the other, be authorized to
enter all ports, creeks, and rivers, with their ships and cargoes ; also
to travel, stay, and reside, pursue commerce and trade, whether
wholesale or retail, in each other’s dominions ; also therein to
hire, purchase, and possess houses, warehouses, shops, and stores.


49
They shall everywhere be permitted freely to bargain for, buy,
barter, and sell all kinds of goods, and to do so either personally
or through the agency of any person they may choose for this
purpose ; they shall likewise be free to stipulate the price of all
such goods, chattels, wares, and other objects, whether intended
for sale within the dominions of His Highness or for export,
without interference of any sort on the part of the authorities of
His Highness.
His Highness the Sultan of Zanzibar binds himself especially
not to allow or recognize the establishment of any monopoly
or exclusive privilege of trade within his dominions.
V. Subjects of His Majesty the German Emperor shall be
permitted throughout the dominions of His Highness the Sultan
to acquire by gift, rent, purchase, or any other agreement with
the owner, as well as by intestate succession, under will or in any
other legal manner, property of every description, whether
movable or immovable, to possess the same and freely dispose
thereof by sale, barter, donation, last will or otherwise, as they
think fit.
VI. With a view to facilitate commerce and for the purpose of
regulating and securing the revenue which His Highness the
Sultan now derives from the customs and other duties levied on
merchandize and inland produce, the following Regulations con-
tained in Articles VII, VIII, IX, X, XI, XII, and XIII have
been agreed upon.
VII. His Highness the Sultan shall be permitted to levy a
duty of entry not exceeding 5 per cent, on the value of all goods
and merchandize of whatever description, imported by sea from
foreign countries and landed at any port within the dominions
of His Highness in the islands or on the coast of the mainland of
Africa, without distinction, whether these goods and merchandize
are intended for local consumption or for transmission elsewhere
in bulk or otherwise.
On payment of this duty, which is to be paid at that port in
His Highness’ dominions where the goods are first landed, such
goods shall thereafter be exempt within the whole of the Zanzibar
dominions, once for all, from all other customs duties or taxes
of the Government of His Highness the Sultan, of whatever kind
they may be and by whatever names they may be designated,
and without distinction whether those goods remain in the state
in which they are imported, or have been afterwards manufac-
tured, and whether they remain where first landed or are trans-
ported elsewhere.
His Highness shall further be permitted—and this shall be
the only exception to the general maximum duty of 5 per cent.
ad valorem on imports as above agreed upon—to levy a duty
of entry not exceeding 25 per cent, ad valorem on spirits and
all kinds of spirituous liquors, imported from abroad into the
dominions of His Highness and containing 20 per cent, or more of
(514) n


50
volume of alcohol. All other spirituous beverages containing less
than 20 per cent, of volume of alcohol, such as beers and wines,
shall pay only the general maximum duty of entry of 5 per cent.
ad valorem.
Thert shall, however, be exempted from payment of any
import duty the following, namely :
1. All goods and merchandize which, being destined for a
foreign port, are transhipped from one vessel to another in any
of the ports of His Highness the Sultan of Zanzibar, or which
have been for this purpose provisionally landed and deposited
in any of His Highness’ custom-houses to await the arrival of a
vessel in which to be reshipped abroad. But goods and mer-
chandize so landed shall be exempted from the payment of the
import duty only, provided that the consignee or his agent shall
have, on the arrival of the ship, declared the goods as landed for
transhipment and designated to the Customs authorities the
foreign port of destination of such goods, and shall have at the
same time handed over the said goods to be kept under customs
seal, and also provided that the said goods are actually shipped
for the foreign port of destination as originally declared, within
a period not exceeding six months after the first landing and
without the goods having in the interval changed owners.
2. All goods and merchandize which, not being intended for
the dominions of His Highness the Sultan, have been inadver-
tently landed from any vessel, provided that such goods and
merchandize are reshipped on board of the same vessel and therein
transported abroad.
Should, however, such goods and merchandize have been
previously opened or removed out of the possession or custody
of the Customs authorities, the stipulated import duty shall be
payable on the same.
3. All goods and merchandize transhipped or landed for the
repair of damage, caused by stress of weather or other disasters
at sea, provided the cargo so discharged shall be reshipped and
taken away on board of the same vessel or, if the latter shall
have been condemned or her departure been delayed, in any other.
4. Coals, provisions, naval stores, and fittings which the
Imperial German Government may land in the dominions of His
Highness the Sultan for the use of German ships of war and
which are employed accordingly.
5. Machines and implements for agricultural purposes, as
well as all material destined for the construction of roads, tram-
ways, or railroads, and the management of the same, and generally
all means of conveyance, certified by the attestation of a German
Consular officer, resident in the Zanzibar dominions, to be des-
tined for countries under His Majesty the German Emperor’s
Protectorate.
VIII. His Highness the Sultan is further permitted to levy a
special duty on such merchandize and native produce, and on


51
ho others, as are entered in the annexed Tariff, but only to the
amount of percentage on the value of the goods and produce
therein stated against each article respectively.
The payment of this special duty to be levied by and on behalf
of His Highness the Sultan shall be made (if such has not been
previously done) at all events previous to the shipment of these
articles out of the dominions of His Highness the Sultan, and
no distinction shall be made, whether the said goods and native
produce come from the dominions of His Highness the Sultan or
from districts of the African Continent beyond His Highness"
frontiers.
But if the special duty on goods and native produce above
referred to has once been paid, the latter,, whether in a raw or
manufactured state, shall not be again taxed with any other
duties or imposts levied by or on behalf of the Government of
His Highness the Sultan, but, may thereafter be relanded free
elsewhere, at any port in the dominions of His Highness, and be
exported without further charge, always provided that they have
not previously been manufactured in a foreign country.
The High Contracting Parties reserve to themselves the right
to claim a revision of the annexed Special Tariff, after a term of
five years, to commence from the day of the exchange of the
ratifications of this Treaty, in order to allow of such alterations,
additions, or amendments being made as experience may have
shown to be necessary or desirable.
IX. It is fully understood by the High Contracting Parties
that in lieu of, and as equivalent for, the special duties referred
to in the preceding Article VIII, to be now levied on behalf of
His Highness the Sultan in accordance with the Tariff hereto
annexed, there shall henceforth cease and be abolished the
following, namely :—
1. The monopoly rights which until now His Highness has
been authorized by former Treaties to exercise over ivory and
copal, coming from certain districts on the coast, and the taxes
until now charged on these articles as monopoly taxes.
2. —(n.) The duty of 5 per cent, ad valorem or in kind which
His Highness the Sultan until now has levied on goods and
produce of his own dominions and of the interior of Africa at the
first port to which such goods have been brought.
(&.) The special taxes which His Highness, in addition to
the duty mentioned sub (a), has levied until now under the
denomination of native taxes on certain goods and produce.
It is further understood by the High Contracting Parties—
(n.) That all such goods, merchandize, and produce, brought
by land from districts of the African Continent to the west of
the dominions of His Highness, as are not included in the Special
Tariff shall on entering and leaving the dominions of His Highness
be free from all duties, taxes, and customs of His Highness’
Government.
(514)
n 2


52
(6.) That German subjects are liable to be taxed by or on
behalf of His Highness the Sultan or his authorities with only such
duties, customs, or taxes, be it for their person or their property,
as is provided in the foregoing Articles VII and VIII.
X. It is, however, agreed and understood by the High Con-
tracting Parties, that in the event of an Agreement being here-
after entered into between His Highness and the Powers having
Treaty relations with Zanzibar, whereby vessels entering the port
of Zanzibar shall be charged with tonnage or harbour dues, such
dues to be administered under the control of a special Board
exclusively for the improvement of the harbour and anchorage,
the building and maintaining of lighthouses, &c., the last clause
of the preceding Article shall not be construed so as to exempt
German vessels from payment of such harbour or tonnage dues
as may with the consent of the German Government hereafter
be agreed upon.
XI. It shall be at the option of the German subject in each
case to pay the percentage duties stipulated in Articles VII and
VIII either in cash, or, if the nature of the goods allow of it
in kind.
The value of the merchandize, goods, or produce, on which
duty is to be levied, shall be fixed according to the ready-money
market price ruling at the time when the duty is levied. In case
of foreign imports the value shall be fixed according to the ready-
money market price at the time ruling at Zanzibar.
In the event of any dispute arising between a German subject
and the custom-house authorities regarding the value of goods
on which duty is to be levied, this shall be determined by reference
to two experts, each party nominating one, and the value so
ascertained shall be decisive.
Should, however, these experts not be able to agree, they
shall choose an umpire, whose decision is to be considered final.
XII. All questions respecting goods in transit by land or
river, and the Customs regulations thereon are reserved to future
and special negotiations between His Highness the Sultan and
the Government of His Majesty the German Emperor in con-
junction with the other Signatory Powers of the Congo Conference,
as the case may be.
His Highness the Sultan, however, now engages by the present
Treaty to provide and give orders to his officials that the trans-
port of goods in transit, whether entering, leaving, or within the
dominions of His Highness, shall not unnecessarily be obstructed
or in any way delayed, especially not in a vexatious manner by
unnecessary Customs formalities and regulations.
His Highness the Sultan of Zanzibar will further see that a
custom-house building, answering all requirements of commerce,
be erected at Zanzibar, with stores secure and safe against
fire, decay, or theft, for the protection of the goods placed
therein.


53
The conditions under which goods so kept shall be stored, and
the charges to be made on account thereof, shall be subject to
future agreement between His Highness the Sultan and the
Representatives of the Powers having Treaty relations with
Zanzibar.
XIII. Should a German subject be concerned in a contra-
vention against the Customs and Tariff Regulations stipulated
in this Treaty, the competent German Consular authority, on due
notice having been given by the Customs authorities, shall
examine and deal with the case, punishing such subject, if found
guilty. The fines which may thus be pronounced by the German
Consular authorities, as well as the goods or merchandize which
thus may have been ordered to be confiscated, shall be handed
over to the Government of His Highness the Sultan.
XIV. German vessels entering a port in the dominions of His
Highness the Sultan of Zanzibar in distress shall receive from the
local authorities all necessary aid to enable them to refit and
proceed on their voyage.
Should a German ship be wrecked off the coast of the mainland
or on one of the islands of His Highness’ dominions, the nearest
authorities of His Highness shall, as soon as they receive infor-
mation thereof, render all assistance in their power, subject
always to rights of salvage, in order to save the ship, her cargo,
and those on board ; they shall also give aid and protection to
persons saved, and shall assist them in reaching the nearest
German Consulate ; they shall further take every possible care
that the goods and cargo so recovered be secured and afterwards
handed over to the owner, captain, agent of the ship, or to the
German Consul or his representative.
The said authorities shall further see that the nearest German
Consulate is informed at once of such disaster having occurred.
Should a German vessel wrecked off the coast or islands of
the Sultanate of Zanzibar be plundered, the authorities of His
Highness shall, as soon as they come to know thereof, render
prompt assistance without delay and take measures to pursue
and punish the robbers and recover the stolen property which
may have been brought into the dominions of His Highness.
If a ship of His Highness the Sultan of Zanzibar or of one of
his subjects enter a German port in distress, or be wrecked off
the German coast, the like help and assistance shall be rendered
by the German authorities.
XV. Should sailors or others on board of a German ship of war
or merchant-vessel desert, the authorities of His Highness the
Sultan of Zanzibar shall, upon request of the German Consular
official, or, in the absence of such, of the captain of the ship, take
the necessary steps in order to arrest the deserters and deliver
them over to the Consular official or to the captain.
Likewise the authorities of His Highness the Sultan may
apply in case of men deserting from ships belonging to His High-
ness the Sultan or one of His Highness’ subjects, and who have


54
taken refuge on board of a German vessel or in the house of a
German subject, to the German Consular official, or there being
none, to the captain or occupant of such house, who, unless there
is reason to the contrary, shall take the necessary steps for the pur-
pose of enabling the Sultan’s authorities to recover the deserter.
XVI. Subjects of His Majesty the German Emperor shall
enjoy within the dominions of His Highness the Sultan of Zanzibar
the rights of exterritoriality.*
The authorities of His Highness the Sultan have no right to
interfere in disputes between German subjects amongst them-
selves or between them and members of other Christian nations ;
such disputes, whether of a civil or criminal nature, shall be
decided by the competent Consular authorities. The trial and
punishment of all crimes and offences, punishable by law, of which
German subjects within the dominions of His Highness the
Sultan may be accused, shall be removed from the jurisdiction of
the authorities of His Highness the Sultan, and are expressly
reserved to the German Consular authorities.
Should disputes arise between a subject of His Highness the
Sultan or other non-Christian Power not represented by Consuls
at Zanzibar, and a German subject, in which the German subject
is the plaintiff, the matter shall be brought before and decided
by the highest authority of the Sultan or some person specially
delegated by him for this purpose.
The proceedings and final decision in such a case shall not,
however, be considered legal, unless notice has been given and
an opportunity afforded for the German Consul, or his substitute,
to attend the same in person or by a person delegated by him
for this purpose.
If, on the contrary, a German subject should appear in such
a dispute as the defendant, the matter shall be brought before
the competent German Consular authority and be decided by
the Consul, or by a Consular Court, as the case may be. At the
request of the German Consular authority, the Government of
His Highness the Sultan shall place police assistance at the
disposal of the former, to assist in effecting arrests, or in the execu-
tion of other official duties.
XVII. Subjects of His Highness the Sultan or any non-Christian
nation, not represented by Consuls at Zanzibar, who are in the
regular service of German subjects, within the dominions of
His Highness the Sultan of Zanzibar, shall enjoy the same pro-
tection as German subjects themselves. But should they be
charged with having committed a crime or a serious offence
punishable by law, they shall, on sufficient evidence being shown,
be handed over by their German employers or by order of the
German Consulate to the authorities of His Highness the Sultan
for trial and punishment, and shall for this purpose be dismissed
from the service of the German subjects.
* Germany’s exercise of Extraterritorial Jurisdiction was surrendered with
reservations in 1907. (See page 101.)


55
XVIII. Should a German subject residing in the dominions of
His Highness the Sultan of Zanzibar become bankrupt, the
German Consul shall seize, recover, and realise all available
property and assets of such bankrupt to be dealt with and dis-
tributed according to the provisions of the German Bankruptcy
Law.
XIX. Should a subject of His Highness the Sultan of Zanzibar
resist or evade payment of the just and rightful claims of a
German subject, the authorities of His Highness the Sultan shall
afford to the German creditor every aid and facility in recovering
the amount due to him. In like manner the German Consul shall
afford every aid and facility to subjects of His Highness the
Sultan of Zanzibar in recovering debts justly due to them from
German subjects.
XX. Should a German subject die leaving property within the
dominions of His Highness the Sultan of Zanzibar, the German
Consul shall be authorized to collect, realize, and take possession
of the estate of the deceased, to be dealt with according to the
provisions of the German law.
XXI. The houses, dwellings, warehouses and other premises
of German subjects or of persons actually in their regular service
within tlic dominions of His Highness the Sultan of Zanzibar
shall not be entered or searched by officials or functionaries of
His Highness the Sultan without the consent of the occupier,
unless with the cognizance and assistance of the German Consul
or his substitute.
XXII. Subjects of the High Contracting Parties shall, within
the dominions of the other, enjoy freedom of conscience and
religious toleration.
The free and public exercise of all forms of Divine worship,
and the right to build edifices for religious worship and to organize
religious Missions of all creeds, shall not be restricted or inter-
fered with in any way whatsoever.
Missionaries, scientists, and explorers, with their followers,
property, and collections, shall likewise be the objects of special
protection of the High Contracting Parties.
XXIII. It is further understood by the High Contracting
Parties that, in the event of an agreement being hereafter arrived
at between His Highness and the Powers which now or hereafter
may have Treaty relations with Zanzibar, -whereby the residents
of a certain town or district shall, without distinction of nation-
ality, be subjected to the payment of taxes for municipal or
sanitary purposes exclusively, the same to be fixed and adminis-
tered under the supervision and control of a special Board, the
last clause of Article IX of this Treaty shall not be construed so
as to exempt German subjects from being liable to the payment
of such local taxes, to the introduction of which the Imperial
German Government, being a party of such eventual agreement,
may have given its consent.


56
XXIV. The present Treaty has been made out in six copies
two of which are written in the German, two in the Arabic, and
two in the English language.
All these copies have the same sense and meaning ; should,
however, differences hereafter arise as to the proper interpreta-
tion of the German and Arabic text of one or other of the Treaty
stipulations, the English copy shall be considered decisive. The
present Treaty shall be ratified, and the ratifications exchanged
at Zanzibar as soon as possible. The Treaty shall come into
operation on the 19th August, 1886, or, if the exchange of the
ratifications by any reason whatever has been delayed until
after that date, then a fortnight after such exchange shall have
been made.
After the expiration of 15 years, to commence from the day of
the ratification of this Treaty, it shall be competent for the
High Contracting Parties to move for a revision of the present
Treaty, in order to allow of such alterations, additions, or amend-
ments being made as experience may have shown to be necessary
or desirable.
Such a motion must, however, be notified one year previous
to the expiration of the present Treaty, otherwise the Treaty
will be considered as tacitly prolonged for a further term of
10 years.
In faith whereof the respective Plenipotentiaries have signed
this Treaty, and have affixed thereto their seals.
Done at Zanzibar, the 20th day of December, in the year of
Our Lord 1885, corresponding with the 13th Rabea-el-Awal,
1303, of the Hidjerat.
(L.S.) KNORR.
(L.S.) Signature of Zanzibar Plenipotentiary.
Tariff of the special duties referred to in Article VIII and
elsewhere in this Treaty, which His Highness the Sultan of
Zanzibar shall be entitled to levy on such merchandize and
produce as are herein named, brought to the ports in His
Highness’ dominions either from his own territories or from
districts on the African Continent, which lie beyond.
1 Ivory Ad valorem.... 15 per cent.
2 Copal H •••• 15
3 India-rubber ,, .... 15
4 Cloves (the produce of the Island of Zanzibar included) J> •••• 30 H
5 Simsim J, •••• 12
6 Orchella-weed— Coming from the districts between Kismayu and Worsheikli, both ports included J, •••• 5 >>
From all other districts ,, 10


57
7 Ebony Ad valorem.... 5 per cent.
8 Borties (poles and rafters) )) •••• 10 „
9 All kinds of native tobacco 25
10 Hides » 10 „
11 Rhinoceros liorns and hippopotamus
teeth ,, •••• 10 „
12 Tortoise-shell 10 „
13 Cowry-shells 5 „
14 Chillies .... .... 10 „
15 Ground-nuts , .... 12
16 Indian corn, Caffre corn, Mawele,
lentils, as also similar grains and
legumes not otherwise named and Doi. c.
provided for in this Tariff Per gizla1* 0 35
17 Rice, in husk .... â–  0 25
18 Chiroko >J •••• Per head 1 10
r Camels 2 00
Horses 10 00
Cattle .... .... .... 1 00
Sheep and goats .... .... >» •••• 0 25
* The gizla measure shall contain 3G0 lbs. weight of Calfre corn.
EXPLANATORY NOTES. -i
It is fully understood by the High Contracting Parties—
1. That all kinds of merchandize and produce originating
from the Sultanate of Zanzibar or from the territories to the west
of the coast dependencies on the mainland of Africa, which are
not mentioned in this Tariff, are and shall remain free of any
duty.
2. That merchandize and produce included in the special
Tariff, if imported by sea from a foreign port into the dominions
of His Highness the Sultan, shall be liable to pay only the import
duty provided for in Article VII of this Treaty.
3. That the duties and taxes on produce of estates held by
foreigners within the dominions of His Highness the Sultan of
Zanzibar, previous to the conclusion of the present Treaty, shall
in no way be affected by any of the provisions of the present
Treaty.
KNORR.
Signature of the Zanzibar Plenipotentiary.


58
No. 21.—THE AT Y of Friendship, Commerce, and Navigation
between Great Britain and Zanzibar.—Signed at Zanzibar
April 30, 1886. ----
[Ratifications exchanged at Zanzibar, August 17, 1886.]
(English text.)
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, and His Highness the
Seyyid Barghash-bin-Saeed, Sultan of Zanzibar, being desirous
to confirm and strengthen the friendly relations which now
subsist between the two countries, and to promote and extend
their commercial relations, have named as their Plenipotentiaries
to conclude a Treaty for this purpose, that is to say :
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, Sir John Kirk, Knight
Grand Cross of the Most Distinguished Order of St. Michael and
St. George, Her Britannic Majesty’s Agent and Consul-General
at Zanzibar ;
And His Highness the Sultan of Zanzibar, his Chief Secretary
Mohammed-bin-Salim-bin-Mohammed-el-Mauli;
Who, having communicated to each other their respective full
powers, found in good and due form, have agreed upon and
concluded the following Articles :—
Art. I. There shall be perpetual peace and amity between
the two High Contracting Parties and their subjects.
II. Subjects of Her Britannic Majesty shall enjoy, imme-
diately and unconditionally, throughout the dominions of His
Highness the Sultan of Zanzibar, with respect to commerce,
shipping, and the exercise cf trade, as in every other respect, all
the rights, privileges, immunities, advantages, and protection of
whatsoever nature, which are, or hereafter maybe, enjoyed by or
accorded to the subjects or citizens of the most favoured nation.
They shall more especially not be liable to other or more onerous
duties, imposts, restrictions, or obligations, of whatever des-
cription, than those to which subjects or citizens of the most
favoured nation now are, or hereafter may be, subjected.
The rights of the most favoured nation shall also be accorded
to subjects of His Highness the Sultan of Zanzibar within the
territories of Her Britannic Majesty.
III. The High Contracting Parties acknowledge the right of
appointing Consular officers to reside in each other’s doiminons,
wherever this may be deemed to be desirable in the interests of
commerce or otherwise, and such Consular officers, together
with their Assistants and those in their service, shall enjoy,
with regard to their persons and houses, and also in the exercise
of their official duties, in addition to the rights herein stipulated,
the same honours and privileges as are, or in future shall be
enjoyed by Consular officers of the most favoured nation. In


59
event of a riot or other disturbance of the public peace, His High-
ness the Sultan shall provide the British Consular officers, at their
request, with a guard in order to guarantee their safety and the
inviolability of the Consular office and dwelling, and shall, at the
request of a British Consular officer, place the police force at his
disposal to assist in effecting arrests or in the execution of his
official duties.
IV. There shall be perfect freedom of commerce and navigation
between the High Contracting Parties ; each shall allow the sub-
jects of the other to enter all ports, creeks, and rivers, with their
vessels and cargoes, also to travel, reside, pursue commerce and
trade, whether wholesale or retail, in each other’s dominions,
and therein to hire, purchase, and possess houses, warehouses,
shops, stores, and lands. British subjects shall everywhere be
freely permitted, whether personally or by agent, to bargain for,
buy, barter, and sell all kinds of goods, articles of import or native
production, whether intended for sale within the dominions of
His Highness or for export, and to arrange with the owner or his
agent regarding the price of all such goods and produce, without
interference of any sort on the part of the authorities of His
Highness.
His Highness the Sultan of Zanzibar binds himself not to allow
or recognize the establishment of any kind of monopoly or exclu-
sive privilege of trade within his dominions to any Government
Association, or individual.
V. Subjects of Her Britannic Majesty shall be permitted,
throughout the dominions of His Highness the Sultan, to acquire,
by gift, purchase, intestate succession, or under will, or in any
other legal manner, land, houses, and property of every descrip-
tion, whether movable or immovable ; to possess the same
and freely to dispose thereof by sale, barter, doration, will, or
otherwise.
VI. With a view to facilitate commerce and for the purpose of
regulating and securing the revenue which His Highness the
Sultan now derives from the customs and other duties levied on
foreign merchandize and on inland produce, the following Regu-
lations contained in Articles VII, VIII, IX, X, XI, and XII
have been agreed upon.
VII. His Highness the Sultan shall be permitted to levy a
duty of entry not exceeding 5 per cent, on the value of all goods
and merchandize, of whatever description, imported by sea from
foreign countries, and landed at any port in the islands or on the
coast of the mainland of Africa within the dominions of His
Highness. This duty shall be paid at that port in His Highness’
dominions where the goods are first landed, and on payment thereof
such goods shall thereafter be exempt, within the Zanzibar
dominions, from all other customs duties or taxes levied by or on
behalf of the Government of His Highness the Sultan, by what-
ever names these may be designated, and no higher import duty


60
shall be claimed from British subjects than that which is paid
by subjects or citizens of the most favoured nation.
This duty once paid shall cover, from all other charges on the
part of His Highness the Sultan, goods of whatever description
coming from foreign countries by sea, whether these are intended
for local consumption or for transmission elsewhere, in bulk or
otherwise, and whether they remain in the state in which they
are imported or have been manufactured.
Spirits and spirituous liquors of all kinds imported into the
dominions of His Highness the Sultan from abroad shall be
subject to an entry or import duty of 25 per cent, ad valorem.
Beer and wines containing less than 20 per cent, by volume of
alcohol are not to be considered or classed as spirituous liquors
within the meaning of this Article. These latter therefore remain
subject to the common entry duty of 5 per cent, ad valorem.
There shall, however, be exempted from payment of all duty
the following, namely :—
1. All goods and merchandize which, being destined for a
foreign port, are transhipped from one vessel to another in any
of the ports of His Highness the Sultan of Zanzibar, or which
have been for this purpose provisionally landed and deposited
in any of the Zanzibar custom-houses to await the arrival of a
vessel in which to be reshipped abroad. But goods and merchan-
dize so landed shall be exempted only provided that the con-
signee or his agent shall have, on the arrival of the ship, handed
over the said goods to be kept under Customs seal, and declared
them as landed for transhipment, designating at the same time
the foreign port of destination, and also provided that the said
goods are actually shipped for the same foreign port as originally
declared, within a period not exceeding six months after their
first landing, and without having in the interval changed owners.
2. All goods and merchandize which, not being consigned to
a port within the dominions of the Sultan, have been inadver-
tently landed, provided that such goods and merchandize are
reshipped on board of the same vessel and therein are transported
abroad. Should, however, such goods or merchandize here
spoken of be opened or removed from the custody of the Customs
authorities, the full duty shall then be payable on the same.
3. Coals, naval provisions, stores and fittings, the property
of Her Majesty’s Government, landed in the dominions of His
Highness for the use of the ships of Her Majesty’s navy.
4. All goods and merchandize transhipped or landed for the
repair of damage caused by stress of weather or other disasters
at sea, provided the cargo so discharged shall be reshipped and
taken away on board of the same vessel, or if the latter shall
have been condemned, or her departure delayed, in any other.
5. Machines and implements for agricultural purposes, also
all materials destined for the construction and maintenance of
roads, tramways, or railroads, and generally all means of con-


61
veyance certified by the attestaion of a British Consular officer
resident in Zanzibar dominions to be destined for countries
inland and west of His Highness’ dominions.
VIII. His Highness the Sultan is further permitted to levy a
special export duty, but only on the articles and to the amount
hereafter stated, on such merchandize and native products
coming from his own dominions, or from the interior of Africa,
as are included in the annexed Tariff.
This special duty to be levied by and on behalf of His Highness
the Sultan shall be paid (if such has not been previously done)
at all events previous to the shipment of these articles out of
the dominions of His Highness the Sultan. No distinction shall
be made whether the said goods and native produce have their
origin within the dominions of His Highness the Sultan, or come
from districts of the African Continent beyond His Highness’
frontiers.
But if the special duty on goods and produce above referred to
has once been paid, the latter, whether in a raw or manufactured
state, shall not be again taxed with other duties or imposts,
levied by or on behalf of the Government of His Highness the
Sultan, but may thereafter be relandecl free at any port in the
dominions of His Highness, and be exported without further
charge, always provided that they have not previously been
landed and manufactured in a foreign country.
The High Contracting Parties reserve to themselves the right
to claim a revision of the annexed special Tariff, after successive
terms of five years, to begin to reckon from the day of the ex-
change of the ratifications of the Treaty, in order to allow of such
alterations, additions, or amendments being made as experience
may have shown to be necessary or desirable.
IX. It is fully understood by the High Contracting Parties that
the special duties referred to in Article VIII to be levied on
behalf of His Highness the Sultan shall be in lieu of and as equiva-
lent for :—
1. The monopoly rights which until now His Highness has
been authorized by former Treaties to exercise over ivory and
copal coming from certain districts on the coast. The taxes
until now charged on these articles as monopoly taxes shall
therefore cease and be abolished.
2. The duty of 5 per cent, ad valorem, or in kind, now levied
on goods, and produce of the dominions of His Highness the
Sultan, and of the interior of Africa, at the first port of His High-
ness’ dominions where such goods happen to be landed, and
also the additional taxes which His Highness has for some time
levied on certain goods or produce under the denomination of
native taxes, arc abolished and shall cease.
It is understood that such other goods, merchandize, and
produce brought by land from those districts of the African
Continent to the west of the dominions of His Highness as are



&2
not included in the special Tariff now agreed upon, are not liable
for duty of any description ; they shall, on entering, leaving, and
while within the dominions of His Highness, be free from all
duties, taxes, and customs of His Highness’ Government.
It is also agreed between the High Contracting Parties that
British subjects are not liable to be taxed by or on behalf of
His Highness the Sultan, or his authorities, with any other
duties, customs, or taxes than those before specified in Articles
VII and VIII, whether for their persons, houses, lands or
goods.
X. It is, however, agreed and understood by the High Con-
tracting Parties that, in the event of an arrangement being
entered into hereafter between His Highness and the Powers
having Treaty relations with Zanzibar, and to which Great Britain
shall be a consenting party, whereby vessels entering the port of
Zanzibar shall be charged with shipping, tonnage, or harbour dues,
such dues to be administered under the control of a special Board
for the improvement of the harbour and construction and main-
tenance of lighthouses, &c., nothing in the aforementioned
provisions shall be construed so as to exempt British vessels
from payment of such shipping, harbour, or tonnage dues as may
hereafter be agreed upon.
XI. It shall be at the option of the British subject in each
case to pay the percentage duties stipulated in Articles VII
and VIII either in cash, or, if the nature of the goods allow of
it, in kind, by giving up an equivalent amount of the goods or
produce.
In the event of payment being made in cash, the value of the
merchandize, goods, or produce on which duty is to be levied
shall be fixed according to the ready-money market price ruling
at the time when the duty is levied. In the case of foreign imports
the value shall be fixed according to the market price at Zanzibar,
and in that of native goods and produce by the market price at
the place where the merchant shall choose to pay the duty.
In the event of any dispute arising between a British subject
and the Custom-house authorities regarding the value of such
goods, this shall be determined by reference to two experts,
each party nominating one, and the value so ascertained shall
be decisive. Should, however, these experts not be able to agree
they shall choose an umpire, whose decision is to be considered
final.
XII. His Highness the Sultan of Zanzibar engages by the
present Treaty to provide, and give orders to his officials, that
the movement of goods in tran sit shall not be obstructed or delayed
in a vexatious manner by unnecessary Customs formalities and
regulations, and that every facility will be given for their transport
by land and river, and that as far as is consistent with the special
provisions of this Treaty the principles approved of by the Congo
Conference shall be carried out.


63
His Highness further undertakes to see that a Custom-house
answering all requirements of commerce be erected at Zanzibar,
with stores secure again st fire, decay, or theft, for the protection
of the goods placed therein. The conditions under which goods
shall be stored, and the charges to be levied on account thereof,
shall be subject to future agreement between His Highness
the Sultan and the Representatives of the several Treaty
Powers.
XIII. British vessels entering a port in the dominions of His
Highness the Sultan of Zanzibar in distress shall receive from
the local authorities all necessary aid to enable them to revictual
and refit so as to proceed on their voyage.
Should a British vessel be wrecked off the coast of the main-
land, or on one of the islands of His Highness’ dominions, the
authorities of His Highness shall render all assistance in their
power to the distressed vessel, in order to save the ship, her
cargo, and those on board ; they shall also give aid and protection
to persons saved, and shall assist them in reaching the nearest
British Consulate ; they shall further take every possible care that
the goods so recovered are safely stored, and kept for the purpose
of being handed over to the owner, captain, agent of the ship, or
British Consul, subject always to rights of salvage.
His Highness’ authorities shall further see that the nearest
British Consulate is at once informed of such disaster having
occurred.
Should a British vessel wrecked on the coast of the mainland,
or islands, within the dominions of the Sultan of Zanzibar be
plundered, the authorities of His Highness shall, as soon as they
come to know thereof, render prompt assistance and take measures
to pursue and punish the robbers, and recover the stolen property.
Likewise, should a vessel of His Highness the Sultan of Zanzibar,
or of one of his subjects, enter a British port in distress, or be
wrecked off the coast of Her Majesty’s dominions, the like help
and assistance shall be rendered by the British authorities.
XIV. Should sailors or others belonging to a British ship of
war, or merchant-vessel, desert and take refuge on shore or on
board of any of His Highness’ ships,the authorities of His Highness
the Sultan of Zanzibar shall, upon request of a Consular official
or, in his absence, of the captain of the ship, take the necessary
steps in order to have them arrested and delivered over to the
Consular official or to the captain.
In this, however, the Consular officer and captain shall render
every assistance.
So also the authorities of His Highness the Sultan, in case of
men deserting from ships of His Highness the Sultan, or of his
subjects, and who have taken refuge on board of a British vessel
in harbour, or in the house of a British subject on shore in Zan-
zibar, may apply to a British Consular official, or in his absence
to the captain or house occupant, who, unless there is reason to


64
the contrary, shall take the necessary steps to cause them to quit
the vessel or premises, for the purpose of being returned to the
captain or the Sultan's authorities.
XV. In the event of goods or produce, the property of or
consigned to a British subject, being seized as having been landed
or passed under a false declaration, and for the purpose of fraudu-
lently evading payment of any duty or tax, the matter shall be
immediately brought to the notice of the nearest British Consular
authority, who shall thereupon inquire into the circumstances
and make such order therein as he shall see fit, with power to
condemn and confiscate, either in whole or in part, for the benefit
of His Highness the Sultan, the goods so seized, and, in addition,
to punish the offender, if a British subject, with fine, which fine,
if any, shall be paid over to His Highness.
XVI. Subjects of Her Britannic Majesty shall, as regards
their person and property, enjoy within the dominions of His
Highness the Sultan of Zanzibar the rights of exterritoriality.
The authorities of His Highness the Sultan have no right to
interfere in disputes between subjects of Her Britannic Majesty
amongst themselves, or between them and members of other
Christian nations ; such questions, whether of a civil or criminal
nature, shall be decided by the competent Consular authorities.
The trial and also the punishment of all offences and crimes of
which British subjects may be accused within the dominions of
His Highness the Sultan, also the hearing and settlement of all
civil questions, claims, or disputes in which they are the defen-
dants, is expressly reserved to the British Consular authorities
and Courts, and removed from the jurisdiction of His Highness
the Sultan.
: Should disputes arise between a subject of His Highness the
Sultan, or other non-Christian Power not represented by Consuls
at Zanzibar, and a subject of Her Britannic Majesty, in which
the British subject is the plaintiff or the complainant, the matter
shall be brought before and decided by the highest authority of
the Sultan, or some person specially delegated by him for this
purpose. The proceedings and final decision in such a case shall
not, however, be considered legal unless notice has been given and
an opportunity afforded for the British Consul or his substitute
to attend at the hearing and final decision.
XVII. Subjects of His Highness the Sultan or any non-Christian
nation not represented by Consuls at Zanzibar, who are in the
regular service of British subjects within the dominions of His
Highness the Sultan of Zanzibar, shall enjoy the same protection
as British subjects themselves. Should they be charged with
having committed a crime or serious offence punishable by law,
they shall, on sufficient evidence being shown to justify further
proceedings, be handed over by their British employers or by
order of the British Consuls to the authorities of His Highness the
Sultan for trial and punishment.


65
XVIII. Should a subject of Her Majesty, residing in the
dominions of His Highness the Sultan of Zanzibar, be adjudicated
bankrupt, the British Consul shall take possession of, recover,
and realize all available property and assets of such bankrupt,
to be dealt with and distributed according to the provisions of
British Bankruptcy Law.
XIX. Should a subject of His Highness the Sultan of Zanzibar
resist or evade payment of the just and rightful claims of a British
subject, the authorities of His Highness the Sultan shall afford
to the British creditor every aid and facility in recovering the
amount due to him. In like manner the British Consul shall
afford every aid and facility to subjects of His Highness the Sultan
of Zanzibar in recovering debts justly due to them from a British
subject.
XX. Should a British subject die within the dominions of His
Highness the Sultan of Zanzibar, or, dying elsewhere, leave
property therein, movable or immovable, the British Consul
shall be authorized to collect, realize, and take possession of the
estate of the deceased, to be disposed of according to the pro-
visions of British law.
XXI. The houses, dwellings, warehouses, and other premises
of British subjects or of persons actually in their regular service
within the dominions of His Highness the Sultan of Zanzibar
shall not be entered, or searched, under any pretext by the
officials of His Highness, without the consent of the occupier,
unless with the cognizance and assistance of the British Consul or
his substitute.
XXII. It is hereby agreed between the two High Contracting
Parties, that, in the event of an agreement being hereafter arrived
at between His Highness the Sultan of Zanzibar and the various
Powers with which His Highness shall be in Treaty relations,
including Great Britain, which must be a consenting party,
whereby the residents of a district or town shall, without distinc-
tion of nationality, be made subject to the payment of local taxes
for municipal and sanitary purposes, the same to be fixed and
administered by or under the control of a special Board, nothing
contained in this Treaty shall be understood so as to exempt
British residents from the payment of such taxes.
XXIII. Subjects of the two High Contracting Parties shall,
within the dominions of each other, enjoy freedom of conscience
and religious toleration. The free and public exercise of all
forms of religion, and the right to build edifices for religious
worship, and to organize religious Missions of all creeds, shall not
be restricted or interfered with in any way whatsoever.
Missionaries, scientists, and explorers, with their followers,
property, and collections, shall likewise be under the especial
protection of the High Contracting Parties.
XXIV. The stipulations of the present Treaty shall be appli-
cable to all the Colonies and foreign possessions of Her Britannic
(514) e


66
Majesty so far as the laws permit, excepting to those hereinafter
named, that is to say, except to—
The Dominion of Canada,
Newfoundland,
The Cape,
Natal,
New South Wales,
Victoria,
Queensland,
Tasmania,
South Australia,
Western Australia,
New Zealand.
Provided always, that the stipulations of the present Treaty,
shall be made applicable to any of the above named Colonies or
foreign possessions on whose behalf notice to that effect shall
have been given by Her Britannic Majesty’s Representative in
Zanzibar to His Highness the Sultan within two years from the
date of the exchange of the ratifications of the present Treaty.
XXV. The present Treaty has been executed in quadruplicate,
two copies b'eing written in English, and two in Arabic. These
are understood to be of similar import and signification ; in the
event, however, of doubt hereafter arising as to the proper inter-
pretation of the English or Arabic text of one or other of the
Treaty stipulations, the English text shall be considered decisive.
The Treaty shall come into operation on the first day of the next
Zanzibar financial year, or if the ratifications have not been
previously exchanged, within one month after the date when this
may take place.
XXVI. The present Treaty shall remain in force for a period
of 15 years to reckon from the day of the exchange of ratifications.
It shall be competent for the High Contracting Parties there-
after to move for a revision of the present Treaty, in order to
allow of such alterations, additions, or amendments as experience
may have shown to be necessary or desirable; but such a motion
must be notified by the party claiming a revision one year previous
to the expiration of the present Treaty, otherwise what is herein
agreed upon shall be considered binding upon both parties for a
further period of ten years.
XXVII. The present Treaty shall be ratified, and the ratifica-
tions exchanged at Zanzibar as soon as possible.
In faith whereof the respective Plenipotentiaries have signed
this Treaty, and have affixed thereto their seals.
Done in quadruplicate, in the English and Arabic languages,
at Zanzibar, the 30tli day of April, in the year of Our Lord 1886
corresponding with the 25th day of Rejeb, of the year of the
Hejira 1303.
(L.S.) JOHN KIRK.
(L.S.) Signature in Arabic.


67
Tariff of the special duties referred to in the body of the Treaty
which His Highness the Sultan of Zanzibar shall be entitled to
levy on such merchandize and produce as are herein named,
brought to the ports in His Highness’ dominions, whether from
his own territories or from districts on the African Continent
which lie beyond.
1 Ivory Ad valorem... 15 per cent.
2 Copal JJ •••■ 15 >>
3 India-rubber ,, .... 15 J,
4 Cloves, without distinction as to origin.... >> •••• 30
5 Semsem ,, •••• 12
6 Orchilla-weed—
Coming from the districts between
Kismayu and Warslieikh, both ports
included ,, 5 n
From all other districts ,, 10
7 Ebony ,, 5
8 Borties (Zanzibar poles and rafters) 10 ,,
9 Hides n • • • • 10
10 Rhinoceros horn and hippopotamus
teeth 10
11 Tortoise-shell n 10
12 C'owry-shells 5 ,5
13 ' Native tobacco 25
14 Chillies jj 10
15 Ground-nuts 12
16 Indian corn, Caffre corn, Mawele, lentils,
and all other similar grains and Doi. c.
legumes.... Per gizla® .... 0 35
17 Rice, in husk ,, •••• 0 25
18 Chiroko ,, .... 1 10
Camels Per head 2 00
IQ. Horses J, •••• 10 00
INS Cattle •••• 1 00
Sheep and goats .... 0 25
® This shall be a measure containing 360 lbs. weight of Caffre corn.
Explanatory Note.
It is fully undertsood by the High Contracting Parties that—
1. Merchandize and produce of all kinds, originating whether
within the Sultanate of Zanzibar or from the territories to the
west of His Highness’ dependencies on the mainland of Africa,
and which are not mentioned in this Tariff, shall be free of any
duty.
2. That merchandize and produce included in the special
Tariff, imported by sea from a foreign port into the dominions of
His Highness the Sultan, shall be liable to pay the import duty
of 5 per cent, ad valorem only, as is provided in this Treaty.
3. That should Her Majesty’s Government think fit, the produce
of estates held by British subiects within the dominions of His
(514) ' * e 2


68
Highness the Sultan of Zanzibar previous to the conclusion of
this Treaty shall be in no way affected by any of the provisions
thereof; but a list of such estates shall in such case be prepared
and agreed to,
JOHN KIRK.
Signature in Arabic.
No. 22.—DECLARATION of the Sultan of Zanzibar,
reducing the Duty on Native Tobacco, pending the duration
of the Treaties with Germany and Great Britain.—
Zanzibar, May 21, 1886.
(Traduction.)
En vu de faciliter a la culture du tabac destine a Texportation
de se developper dans Tinterieur de l’Afrique, Sa Hautesse le
Sultan, se rendant au desir exprime a ce sujet par le Gouvernement
de Sa Majeste TEmpereur d’Alleniagne, declare diminuer pour
la duree des Traites conclus avec 1’Allemagne et la Grande-
Bretagne de 25 a 5 pour cent les droits du Tarif special annexe
aux dits Traites au No. 9, relativement a toute espece de tabac
indigene ; et Sa Hautesse est prete a donner aux chefs de Douanes
les ordres necessaires pour assurer Texecution de cet engagement.
Zanzibar, le 21 Mai, 1886.
No. 23-PROC^S-VERBAL, containing the unanimous
opinions of the Delegates of Great Britain, France, and
Germany, with reference to the Maritime, Littoral, and
Continental Possessions of the Sultan of Zanzibar.—Zanzibar,
June 9, 1886.
(Translation.)
The Delegates of the three Powers* declare by these presents
that they unanimously recognize the sovereign rights of His
Highness the Sultan of Zanzibar at the points mentioned below.
N.B.—The Commission has adopted as measure for distance
the geographical mile of sixty to the degree.
® Great Britain, France, and Germany. Lt.-Col. Kitchener (now Lord
Kitchener of Khartoum) was appointed British Commissioner on the 17th
October, 1885. For instructions given to him by the Marquess of Salisbury,
see Par. Pap. “Zanzibar, No. 3 (1817),” p. 73. This “ Proces-Verbal ” was
accepted by the British and German Governments by an Exchange of Notes,
dated 29th October and 1st November, 1886 ; and by the Sultan of Zanzibar,
by an Exchange of Notes, dated 3rd and 4th December, 1886, On the


69
Islands oj Zanzibar and Pemba.
1. The Islands of Zanzibar and of Pemba, and the small islands
which are geographically dependent upon them, that is to say,
those lying within a radius of 12 miles round, the said islands.
Coast and neighbouring Territories.
2. As regards the coast and the neighbouring territories, ex-
tending from the southern frontier and running northwards.
Minengani and Tunghi.
Minengani and Tunghi : The southern frontier of the State
Of the Sultan may be defined by a line which, following the Minen-
gani River for a distance of 5 miles, would continue on the line of
latitude until it touched the right bank of the Rovuma.
Bay of Mikindani, Lindi, Mchinga Kiswere, Kilwa-Kiswani, and
Kilwa-Kivingi.
3. The Bay of Mikindani, Lindi, Mchinga Kiswere, Kilwa-
Kiswani, and Kilwa-Kivingi; the line limiting the territories
possessed by the Sultan would run parallel with the coast for a
distance of 10 miles until it reached the latitude of Kilwa-Kivingi;
it would then run as far as the coast, leaving a radius of 10 miles
round this last point.
Island of Mafia, Samanga, Kikounya, Kisifou, and Dar-es-Salam.
4. The Island of Mafia, Samanga, Kikounya, Kisijou, and
Dar-es-Salam, with the territories adjoining each of these points
within a radius of about 10 miles.
Bdgamoyo, Saadani, Pangani and Wanga.
5. Bagamoyo, Saadani, Pangani, and Wanga, with all the
coast situated between Dar-es-Salam and Wanga, and the terri-
tories belonging to them, with a depth of 3 miles ; The line of
28th November, 1884, Prince Bismarck assured Sir E. Malet that Germany
was not endeavouring to obtain a Protectorate over Zanzibar; and in a Note
which Sir E. Malet addressed to Count Hatzfeldt, on the 18th January, 1885,
an explanation was given of the interest which the British Government felt
in the maintenance of the sovereignty of the Sultan of Zanzibar, whose
independence, it was stated, they desired to support. In this Note it was
pointed out that, since the division in 1861 of the Kingdoms of Muscat and
Zanzibar, under separate Sultans, Her Majesty’s ships had kept the peace in
Zanzibar waters, and ha I maintained an active and successful hostility
against the Slave Trade, in the cause of humanity and civilisation (Par. Pap
“ Africa, No. 1 (1886) ”).


70
demarcation, starting from a radius of 10 miles round Dar-es-
Salam, would extend to the latitude of the town of Bagamoyo,
and would then run straight to the village of M’toni, situated on
the River Kingani, and after following the right bank of that
river to a distance of 3 miles from the coast, it would run north-
wards and, keeping at a distance of 3 miles from the coast, as far
as Cape Utoudwe, in order, from that point, and in a direct line,
to become a tangent to a radius of 10 miles round the town of
Saadani. At Saadani and Pangani the line of demarcation would
radiate 10 miles round each point; the radii thus formed would
be connected by a line running parallel to the coast, at a distance
of 10 miles. Brom the Pangani radius the line of demarcation,
striking this radius at a distance of 5 miles from the coast, would
run in a northerly direction parallel to this, and would terminate
at a point placed 5 miles to the west of Wanga.
Mombaze (Mombasa) and Takaungo.
6. Mombaze and Takaungo : The line marking the depth of
the possessions of the Sultan would proceed from the point
specified to the west of Wanga, parallel to the coast, and at a
distance of 5 miles from the latter, to the line of latitude of the
mouth of the small river which runs into the Bay of Gazi to the
south of the village of that name, where it would stop, in order to
recommence, after a break corresponding with that of the coast,
on a line of latitude to 2 miles to the north of the village of Gazi,
and 5 miles from the coast. Continuing towards the north and
parallel to the coast at a distance of 5 miles it would come into
contact with a radius of 10 miles round Mombaze, and from the
north of this radius, always at a distance of 5 miles from the
coast, it would run into the right bank of the Kilifi, taking in
Takaungo.
Malindi, Mambrui, Kau* Kipini, and Lamou.
7. Malindi, Mambrui, Kau, Kipini, and Lamou : At Malindi
and Mambrui the line of demarcation would radiate to 5 miles
round each point. 'At Kau and Kipini the land under the Sultan’s
sway would be limited to that occupied by the town, and at
Lamou the authority of His Highness would be confined to the
island.
Limits of Kismayu, Brava, Meurlca, and Magadislio*
8. Kismayu, Brava, Meurka, and Magadislio : The territory
belonging to the Sultan does not extend beyond that circum-
scribed within the walls of those towns.
® Sec also Agreement between Great Britain ancl Germany, October—
November, 188G.


7 i
Reservation.
Express reservation is made by the three undersigned Delegates
to refer to their respective Governments the claims of His Highness
the Sultan of Zanzibar to the possession of the territories and
countries to which the unanimous opinions contained in the
yroces-verbal do not refer.
Done at Zanzibar, 9th June, 1886.
H. H. KITCHENER. SCHMIDT. LEMAIRE.
No. 24.—-TREATY between the United States and Zanzibar
enlarging and defining the Stipulations of the Treaty
between the United States and Muscat of September 21
1833.—Signed at Zanzibar, July 3, 1886.
(Ratifications exchanged at Zanzibar, June 29, 1888.)
The Government of the United States of America and His
Highness Barghash-bin-Said, Sultan of Zanzibar, being mutually
desirous to confirm and strengthen the friendly relations which
now subsist between the two countries by enlarging and defining
the Treaty stipulations already existing between them in virtue
of the Treaty concluded on the 21st September, 1833, corres-
ponding to the 6th clay of the moon called Jamada Alawel, in the
year of the Allhajia 1249, between the United States of America
and His Majesty Seyed Syeecl Bin, Sultan of Muscat (and Sove-
reign of Zanzibar), which Treaty has continued in force as to
Zanzibar and its dependencies after the separation of Zanzibar
from Muscat, and has been expressly accepted, ratified, and con-
firmed by His said Highness Barghash-bin-Said, Sultan of Zanzi-
bar, on the 20th October, 1879, corresponding to the 4th Zulkaadi,
1296, have resolved to conclude an additional Treaty to that end,
and have appointed as their Plenipotentiaries to wit:
The President of the United States of America, Frederic M.
Cheney, Consul of the United States at Zanzibar ;
And His Highness the Sultan of Zanzibar, his Private Secretary
Mohamet Salim-bin-Mahommed Al Mavli;
Who, having exhibited to each other their respective full
powers, found in good and due form, have agreed upon and
concluded the following Articles :—
Art. I. Notwithstanding the provisions of Article III of the
Treaty above mentioned, by which no more than 5 per cent,
duties shall be paid on the cargo landed from vessels of the United
States entering any port within His Highness the Sultan’s domi-
nions, spirits and spirituous liquors containing more than 20 per-
cent. by volume of alcohol, when imported into the dominions of


^2
His Highness the Sultan from abroad in vessels of the United
States shall be subject to an entry or import duty not exceeding
25 per cent ad valorem. Provided that no other or higher import
duties shall be so levied and collected upon spirits carried to
Zanzibar in vessels of the United States than are levied and
collected upon like imports of spirits in the vessels of any other
nation.
II. The Consuls of the United States appointed under the
stipulations of the IXth Article of the Treaty above mentioned
shall, in addition to the rights, powers, and immunities secured
by said Article, enjoy all the rights, privileges, immunities, and
jurisdictional powers which are now or may hereafter be enjoyed
by the Consuls and Consular Agents of the most favoured nations;
and conversely, the Consuls and Consular Agents which His
Highness the Sultan may appoint to reside in the United States shall
have the treatment of Agents of like grade of the most favoured
nation.
III. This Treaty shall be ratified, and the ratifications ex-
changed at Zanzibar as soon as possible.
Done in duplicate, each copy being in the English and Arabic
languages, at Zanzibar, the 3rd day of July, 1886, corresponding
to the 30th day of the moon called Rama j an, in the year of the
Hegira 1303.
(U.S.) FREDERIC M. CHENEY.
(L.S.) MOHAMET SALIM-bin-MAHOMMED
AL MAVLI.
Note.—The United States surrendered her rights of Juris-
diction in Zanzibar in 1907. (See pages 118, 119.)
No. 25.—AGREEMENT between Greed Britain and Germany
respecting the limits of the Sultanate of Zanzibar and
opposite Mainland, and their Spheres of Influence.—
October 21—November I, 1886.
Count Hatzfeldt to the Earl of Iddesleigli.—(Received October 29.)
(Translation.)
Mv Lord, German Embassy, London, October 29, 1886.
The Government of His Majesty the Emperor and that of Her
Britannic Majesty having agreed to regulate various questions
connected with the Sultanate of Zanzibar and the opposite East
African mainland by means of a friendly understanding, verbal
communications have with this object taken place, at which the
following Articles have been agreed upon :—
1. Germany and Great Britain recognize the sovereignty of
the Sultan of Zanzibar over the Islands of Zanzibar and Pemba,


73
and over the smaller islands which lie in the neighbourhood of the
above within a radius of 12 sea miles, as well as over the Islands
of Lamu and Mafia.
On the mainland they likewise recognize as possessions of the
Sultan a line of coast which stretches without interruption from
the Minengani River at the head of Tunghi Bay to Kipini. This
line commences on the south of the Minengani River, follows the
course of that river for 5 sea miles, and continues thence on the
line of latitude to the point where it strikes the right bank of the
Rovuma River, crosses the Rovuma, and runs down its left bank.
The coast-line has an internal depth of 10 sea miles measured
from the coast direct into the interior from high-water mark.
The northern limit includes Kau. To the north of Kipini the
said Governments recognize as belonging to the Sultan the
stations of Kismayu, Brawa, Meurka, and Magadisho with radii
landward of 10 sea miles, and of Warsheik with a radius of 5 sea
miles.
2. Great Britain engages to support negotiations of Germany
with the Sultan for the leasing to the German African Company
of the customs duties at the ports’of Dar-es-Salam and Pangani,
in return for an annual payment to the Sultan by the Company.
3. Both Powers agree to establish a delimitation of their
respective spheres of influence on this portion of the East African
Continent of the same character as that to which they have
agreed as regards the territories on the Gulf of Guinea.
The territory to which this arrangement applies is bounded
on the south by the Rovuma River, and on the north by a line
which, starting from the mouth of the Tana River, follows the
course of that river or its affluents to the point of intersection of
the Equator and the 38th degree of east longitude, thence strikes
direct to the point of intersection of the 1st degree of north
latitude with the 37th degree of east longitude, where the line
terminates.
The line of demarcation starts from the mouth of the. River
Wanga or Urabe, runs direct to Lake Jipe, passes thence along
the eastern side and round the northern side of the lake and
crosses the Lunii River; after which it passes midway between the
territories of Taveita and Chagga, skirts the northern base of
the Kilimanjaro range, and thence is drawn direct to the point
on the eastern side of Lake Victoria Nyanza which is intersected
by the 1st degree of south latitude.
Germany engages not to make acquisitions of territory, accept
Protectorates, or interfere with the extension of British influence
to the north of this line ; and Great Britain makes the same
engagement as regards the territories lying to the south of this
line.
4. Great Britain will use her good offices to promote a friendly
arrangement of the rival claims of the Sultan and the German
East African Company to the Kilimanjaro districts.


74
5. Both Powers recognize as belonging to Witu the coast-line
which commences to the north of Kipini and continues to the
northern extremity of Manda Bay.
6. Great Britain and Germany will jointly invite the Sultan
to accede to the Act of Berlin, with reservation of His Highness’
existing rights under Article I of the Act.
7. Germany engages to adhere to the Declaration signed by
Great Britain and France on the 10th March, 1862, with regard
to the recognition of the independence of Zanzibar.
Having brought the foregoing Articles to the knowledge of
my Government, I am now authorized to declare their acceptance
in the name of the Imperial Government, provided that Her
Majesty’s Government also make a similar declaration of their
acceptance.
I have, &c.,
The Earl of Iddesleigh. HATZFELDT.
The Earl of Jddesleigh to Count Hatzfeldt.
M. l’Am.bassadeur, Foreign Office, November 1. 1886.
I have had the honour to receive your Excellency’s note of
the 29th ultimo, in which you inform me that you are authorized
to accept, on behalf of the Imperial Government, the following
Articles ol Agreement respecting Zanzibar and the adjoining
territories, provided that they are accepted by Her Majesty’s
Government.
I have to declare on behalf of Her Majesty’s Government their
acceptance of the above Articles of Agreement.
I have, &c.,
Count Hatzfeldt. 1DDESLEIGH.
No. 26.—ADHESION of the Sultan of Zanzibar to the Berlin
Act of 26th February, 1885 (with a reservation').—Zanzibar,
November 8, 1880.
(Translation.)
The Sultan of Zanzibar and its dependencies, in conformity
with Article XXXVII of the General Act of the Berlin Conference
declares, by these presents, that he adheres to the stipulations
of the said General Act, with the reservation that his adhesion to
the said Act shall not entail or shall not be supposed to signify
his acceptance of the principle of free trade, which, according to


75
Article I of the said Act, shall not be applicable to his territories
in the eastern zone which is therein defined, except in so far
as he shall assent thereto.*
Done at Zanzibar, the 8th day of November, 1886.
(L.S.) (Signature in Arabic.)
No. 27.—AGREEMENT between Great Britain and Zanzibar
relative to the extent of Zanzibar Territory; Spheres of Influ-
ence of Great Britain and Germany, &c., December - 1886.
Acting Consul-General Holmivood to the Sultan of Zanzibar.
Sir, Zanzibar, December 3, 1886.
I am instructed by Her Majesty’s Government to communicate
to your Highness the particulars of an-Agreement which has
been entered into between the Governments of Great Britain
and Germany for the purpose of delimitating the extent of the
territory which they are prepared to recognize as under your
Highness’ sovereignty, and of defining on a mutual understanding
the general basis upon which they may best extend their influence
for the development of commerce and civilization in the interior
of Eastern Tropical Africa :—
1. Great Britain and Germany recognize the â–  sovereignty of
your Highness over the Islands of Zanzibar and Pemba, and the
smaller islands within a radius of 12 nautical miles round those
two islands, as well as over the Islands of Lamu and Mafia.
On the mainland they recognize a continuous line of coast
from the Minengani River at the head of Tunghi Bay to Kipini ;
the line commencing on the south at the mouth of the Minengani
River follows that river for 5 nautical miles, and continues thence
on the line of latitude to the point where that line strikes the right
bank of the Rovuma River, crossing the Rovuma and running
down its left bank. The line has thence an internal depth of 10
nautical miles from the coast, measured direct into the interior
from high-water mark.
The northern limit includes Kau. To the north of Kipini
they recognize the stations of Kismayu, Brawa, Meurka, and
Magadisho, with radii of 10 nautical miles, and of Warsheik, with
a radius of 5 nautical miles.
2. Great Britain supports the wish of Germany that your
Highness should lease to the German African Company the customs
duties at the ports of Dar-es-Salaam and Pangani in return for
an annual payment by the Company, calculated on a percentage
of the revenue collected, on a sliding scale.
* On tlie 22ncl June, 1892, it was notified, by the British Government to
the Signatory Powers of the Berlin Act, that on the 1st July of that year
Zanzibar would be under the Free Trade provisions of Art. I of that Act.


76
3. The two Powers agree to a delimitation of their respective
spheres of influence on this portion of the East Coast of Africa
as follows :—
The territory to which the arrangement applies is bounded on
the south by the Rovuma River, and on the north by a line
drawn from the mouth of the Tana River, following that river or
its affluents to the point of intersection of the Equator and the
38th degree of east longitude, thence striking diagonally to the
point of intersection of the 1st degree of north latitude with the
37 th degree of east longitude, where it terminates.
The line of demarcation starts from the mouth of the River
Wanga, or Umbe, runs direct to Lake Jipe, passes along the
eastern side and round the northern side of the lake, and crosses
the Luini River, after which it passes midway between the
territories of Taveita and Chagga, skirts the northern base of
the Kilimanjaro range, and thence is drawn diagonally to the point
on the eastern side of Lake Victoria Nyanza where the 1st degree
of south latitude strikes the lake.
The sphere of action of Great Britain lies to the north of this
line of demarcation, and that of Germany to the south.
Her Majesty’s Government request that your Highness will
acknowledge it as an obligation to respect the territories which
have been by the foregoing Agreement reserved to British interests,
and that your Highness will make no acquisitions in this region
unless with the approval of Her Majesty’s Government.
4. Great Britain supports the wish of Germany that your
Highness should withdraw, by means of an official Declaration,
your claims to sovereignty in the Kilimanjaro district, which
your Highness has never exercised, and should make the fact
known in writing to the Chiefs of that district.
5. The two Powers recognize the coast-line of Witu as com-
mencing to the north of Kipini, and continuing to the northern
extremity of Manda Bay.
Her Majesty’s Government trust that your Highness will recog-
nize the friendly spirit in which this Agreement has been arrived
at, and that, by a ready adhesion to its terms, your Highness will
assist in bringing about the satisfactory solution of questions
which cannot otherwise fail to jeopardize the interests of the
Sultanate.
I have, &c..
FREDC. HOLMWOOD.
The Sultan o/ Zanzibar to Acting Consul-General Holmwood.
(Translation.)
(After compliments.) December 4, 1886.
We have received your letter dated the 3rd December, and at
the same time we received a letter from the Consul-General of


77
the German Government, ancl we have understood them both aS
follows :—
1. Great Britain and Germany have agreed to recognize our
Sultanate over the Islands of Zanzibar, Pemba, Lamu, Mafia,
and all the islands on the coast. They recognize our Sultanate
over a continuous line of coast from the River Minengani, at the
head of Tunghi Bay, on the south, up to Kipini, on the north ;
and the said line commences from the mouth of the Minengani
River, and follows the said river for 5 nautical miles, thence fol-
lowing the line of latitude till the said line strikes the right side
of the Rovuma River, and crossing the said river, runs down its
left bank ; from thence the line follows the coast, with a breadth
inland of 10 nautical miles from high-water mark. And the limit
to the north includes Kau. To the north of Kipini the Govern-
ments recognize as belonging to us the places Kismayu, Bra.wa,
Meurka, and Magadislio, with a radius of 10 miles each, and
War sheik with a radius of 5 miles.
2. We agree to accept the demand of Germany to lease to the
German African Company the customs of Dar-es-Salaam and
Pangani, the Company having to pay annually a rent calculated
on a percentage of the revenue collected, on a sliding scale, as
will be afterwards agreed.
3. The Governments have agreed to delimitate the following
countries, viz., the whole territory bounded on the south by the
Rovuma River, and on the north by a line commencing from
the Tana River, following the said river or its affluents up to the
point where the equator meets the 38th degree of east longitude,
whence it goes diagonally to the point where the 1st degree of
north latitude cuts the 37th degree of east longitude, where it
ends. This territory is divided between the Powers of Great
Britain and Germany by a line drawn from the mouth of the River
Wanga or Umbe direct to Lake Jipe, passing along its eastern
and round its northern shore it crosses the River Lurni, and passes
midway between Taveita and Chagga, and round the north side
of Kilimanjaro Mountains, and thence runs diagonally to the east
shore of Lake Victoria Nyanza, to the place where the 1st degree
south latitude strikes the lake. And seeing what they have agreed
as to these places which are to be under the influence of Great
Britain and Germany, we will not put our hand towards acquiring
any fresh place in them without the consent of the two Govern-
ments.
4. We agree to remove our protection from the district of
Kilimanjaro, and will make an official declaration on the subject
to the Chiefs.
5. Great Britain, Germany, and we recognize that the coast-
line of Witu stretches from the north of Kipini to the north of
Manda Bay, and we will remove all our officials from this piece of
coast. Wi.th regard to our accepting that this part of our Kingdom
should be taken from us and given to Germany, we hope that the


78
two Governments will clo what is just according to this Agreement,
namely, to protect our Kingdom from being divided among them
by other nations, and then, in consequence of the friendly way in
which the two Governments of Great Britain and Germany have
asked us to adhere to their Agreement, we arc ready to give our
adhesion, and for that purpose we have given Mohammed-bin-
Salim Mauli full powers to represent us before you and sign the
official Convention settling the whole question without delay.
This is from your friend.
BARGHASH-BIN-SAID.
No. 28.— CONVENTION between Austria-Hungary and
Zanzibar, for the regulation of the Commercial and Maritime
Relations of the two Countries.—Signed at Zanzibar,
August 11, 1887. -----
(Ratifications exchanged at Zanzibar, December 29, 1888.)
Sa Majeste l’Empereur d’Au triche, Roi de Boheme, &c., et
Roi Apostolique de Hongrie, et Sa Hautesse le Seyd Bargach-
bin-Said, Sultan de Zanzibar et dependances, desirant regler les
relations commerciales et maritimes entre leurs Etats, ont resolu
de conclure a cet effet une Convention et ont nomme pour leurs
Plenipotentiaires, savoir :
Sa Majeste l’Empereur d’Autriche, Roi de Boheme, &c., et
Roi Apostolique de Hongrie, le Sieur Hermann Heinze, Capitaine
de Vaisseau;
Sa Hautesse le Sultan de Zanzibar, Mohamed-bin-Salim-
bin-Mohamed, son Premier Secretaire ;
Lesquels, apres s’etre communique leurs pleins pouvoirs,
trouves en bonne et due forme, sont convenus des Articles
suivants :—
Art. I. Les Autrichiens et Hongrois jouiront dans les Etats
du Sultan du traitement de la nation la plus favorisee sous le
rapport du commerce et de la navigation, ainsi que sous tous
les autres rapports; ils n’auront a payer, pour leurs marchandises
et leurs navires, a l’importation, ct a l’exportation, que les droits
auxquels seront assujettis les sujets de la nation la plus favorisee.
Les navires appartenant a Sa Hautesse le Sultan de Zanzibar
ou a ses sujets ne payeront pas, a Tentree dans les ports Autrichiens
et Hongrois, des droits autres ou plus eleves que ceux dont
seront frappes les navires de la nation la plus favorisee. Il sera
permis aux sujets du Sultan de resider et de faire le commerce
en Autriclie-Hongrie en se soumettant aux lois du pays.
II. Sa Majeste l’Empereur et Roi aura le droit de nommer
des Consuls dans les Etats de Sa Hautesse le Sultan de Zanzibar.
Ces Consuls seront traites sur le meme pied et jouiront des memes


79
privileges, immunites, et exemptions que ceux de la nation la
plus favorisee.
Reciproquement, Sa Hautcsse le Sultan de Zanzibar aura le
droit de nommer des Consuls en Autriche-Hongrie qui jouiront
des memes droits, immunites, et privileges que ceux de la nation la
plus favorisee.
III. La presente Convention restcra en vigueur pendant 10
annees a partir du jour de l’echange des ratifications.
Dans le cas ou aucune des deux Hautes Parties Contractantes
n’aurait notifie avant la fin de la dite periode son intention d’en
fare cesser les efEets, la presente Convention demeurera obligatoire
jusqu’a l’expiration d’une annee, a partir du jour ou l’une ou
l’autre des Hautes Parties Contractantes l’aura denoncee.
Les deux Hautes Parties Contractantes se reservent la faculte
d’introduire, d’un commun accord, dans la presente Convention
pendant sa duree, telle modification ou disposition complementaire
que l’experience aurait demontree utile.
IV. La presente Convention a ete faite en quatre exemplaires,
dont deux ecrits en Frangais et deux en Arabe.
Tous ces exemplaires ont lc meme sens et la meme signification ;
si cependant des differends s’elevaient dans la suite sur l’inter-
pretation exacte des texte Frangais et Arabe de l’une des stipula-
tions de la Convention, le texte Frangais serait considere comme
decisif.
V. La presentc Convention sera ratifi.ee, ct les ratifications en
seront echangees a Zanzibar dans le plus bref delai possible.
En foi de quoi les Plenipotentiaires respectifs ont signe la pre-
sente Convention et y ont appose leurs cachets.
Fait a Zanzibar, en double expedition, le 11Q jour du mois
d’Aout, 1887, corrcspondant au 20° jour du mois de El Kada,
de 1304 de l’Hegire.
(L.S.) HERMANN HEINZE.
(L.S.) MOHAMED-BIN-SALIM-BIN-MOHAMED.
Note.—The exercise of jurisdiction by Austro-Hungarian
Consular officers in Zanzibar ceased on May 11, 1907. Notes
exchanged between Great Britain and Austria-Hungary, May
8-11, 1907.
No. 29.—AGREEMENT between the Sultan of Zanzibar and
the British Acting Agent and Consul-General, respecting
the Administration by the British East Africa Company of
certain of Ilis Highness' Possessions on the Mainland and
Islands lying off the Coast.—Zanzibar, A ugust 31, 1889.
His Highness Seyyid Khalifa-bin-Said, with the concurrence
of the English Government, hereby grants a lease of his


80
possessions to the Imperial British East Africa Company on the
following conditions :—
Sultan’s Possessions and Islands, &c., to be administered by the
Company. Kipini to Mruti, except Witu.
Art. I. His Highness hands over to the Imperial British East
Africa Company all his towns, lands, and possessions on the
mainland from Kipini to Mruti, or Marote, excepting Witu,
Lamu, Manda, Patta, Kiwhyu, &c.
including the Islands of Lamu and Manda, and Patta and Kiwhyu,
and all other islands in that vicinity, and in Manda Bay and any
other islands on that coast, and the ports of
Kismayu, Brava, Meurka, Mogadishu, Warsheikh, and Mruti.
Kismayu, Brava, Meurka, Magadishu, Warsheikh, and Mruti, to
be at the disposition and in the hands of the Company.
Administration 0/ Possessions.
II. These possessions are to be held by the Company as His
Highness’ “ Wakil ” (Plenipotentiary and Agent) and they are
to be administered according to the Sherial (Mahommedan laws
and customs).
Flags.
His Highness’ flag, and the Liwalis, Askaris, and Kathis will
be maintained.
Sultan’s Authority.
His Highness’ authority will be respected as now, but these
officials will be under the orders of the Company in all fiscal
matters and for the maintenance of public order, but His Highness
will have the right of veto in matters of public polity in so far as
concerns his own subjects.
Customs Duties.
III. The Customs duties in the above-mentioned places are
to be levied in conformity with the existing Treaties between
His Highness and foreign States, and His Highness’ subjects will
be liable to the same duties.
Buildings, Forts, &c.
IV. In the above-mentioned places the Company will have
the right to select for their own use, during the period of this
Concession, any building, fort, &c., belonging to His Highness.


81
Acquisition of Lands and Buildings.
The Company will have the right to acquire land and buildings
by purchase or negotiation with the consent of the proprietors.
Duration of Agreement for Five Years.
V. This Agreement is for five years from the date of its signa-
ture. After these live years have elapsed the Sultan shall give
another Concession for more than five years, according to the
Agreement between himself and the Company.
Custom-houses.
VI. For five years the employes of His Highness will remain
in the custom-houses. After the lapse of this period, His Highness
will hand over the customs entirely to the Company, and all
increase on net profit shall be divided equally between His High-
ness and the Company.
In faith whereof His Highness Seyyid Khalifa-bin-Said and
Gerald Herbert Portal, British Acting Agent and Consul-General,
on behalf of the Imperial British East Africa Company, have
signed this Agreement and affixed their seals.
Done at Zanzibar, this 31st day of August, 1889.
(Arab Seal.)
Subject to concurrence of the Imperial British East Africa
Company.
(Seal) G. H. PORTAL.
I certify the above seals and signatures of His Highness the
Sultan of Zanzibar and Mr. G. H. Portal, Acting British Agent and
Consul-General.
Lloyd W. Mathews,
In . command of Zanzibar Troops.
Zanzibar, 31st August, 1889.
No. 30.—AGREEMENT between Great Britain and Zanzi-
bar, respecting the Right of Search in Zanzibar Waters,
Slavery, <$-c.—Signed at Zanzibar, September 13, 1889.
Agreement between His Highness Seyyid Khalifa-bin-
Said, Sultan of Zanzibar, and Gerald IT. Portal, Acting Consul-
General of England: —
Art. I. His Highness the Sultan above named hereby grants
to England and Germany, and to their Representatives and
(514) f


iiaval officers, a permanent delegation of the right of search of
the dhows, boats, canoes, and other vessels belonging to His
Highness’ subjects in his territorial waters.
II. In view of, and in continuation of, the existing Treaties,
His Highness Seyyid Khalifa-bin-Said agrees, and will forthwith
decree that all persons who shall enter his dominions after the
1st day of November, 1889, shall be free, but slaves freed in this
manner shall remain the subjects of His Highness.
III. His Highness the Sultan also agrees that all children
born in his dominions after the 1st day of January, 1890, shall
be free, but it is understood that they shall remain the subjects
of the Sultan if their parents are his subjects.
IV. On the other hand, it is understood that, in consideration
of the above-quoted undertakings, the blockade now being
carried on by the English fleet shall be raised without delay.
This Agreement is final, and is binding equally on all heirs
and successors of the above-named Sultan and on the Represen-
tatives of Her Majesty’s Government, but is subject to the
approval and acceptance of the Government of Her Majesty the
Queen of Great Britain and Ireland, Empress of India.
In faith whereof Seyyid Khalifa-bin-Said, Sultan of Zanzibar,
and Gerald Herbert Portal, Acting Consul-General of England,
have signed this document and affixed their seals.
Done at Zanzibar, this 13th day of September, 1889.
(Arab seal.)
Sultan’s signature.
GERALD H. PORTAL.
(Consular stamp.)
No. 31.—AGREEMENT between the Sultan of Zanzibar and
Colonel Eitan-Smith, Iler Majesty e Agent and Consul-
General, placing the Dominions of Zanzibar under the
Protection of Great Britain.—Signed at Zanzibar, June 14,
1890. ----
Art. I. His Highness Seyyid Ali-bin-Said, the Sultan aforesaid,
accepts freely and unreservedly, for himself, his subjects, and
his dominions, the Protectorate of Great Britain, to commence
from any date which may hereafter be fixed by Her Majesty’s
Government.
II. His Highness Seyyid Ali-bin-Said further understands
and agrees that all his relations, of whatever sort, with foreign
Powers, shall be conducted under the sole advice and through the
channel of Her Majesty’s Government.
III. As regards that portion of His Highness the Sultan’s
dominions lying between the Umba and Rovuma Rivers, His
Highness Seyyid Ali agrees to abide by any equitable arrange-


83
inent that may be come to by Her Majesty’s Government with
Germany regarding its retention by the Germans, and leaves his
just interests in this question entirely to the care of Her Majesty’s
Government.
IV. Colonel CJ. B. Euan-Smith, Her Majesty’s Agent and
Consul-General aforesaid, hereby guarantees, on behalf of Her
Majesty’s Government, the maintenance of His Highness the
Sultan of Zanzibar’s Throne to himself, Seyyid Ali, and also to
his successors.
V. Colonel C. B. Euan-Smith further guarantees to His High-
ness Seyyid Ali, on behalf of Her Majesty’s Government, the
right of nominating his own successor to the Throne, subject to
the approval of Her Majesty’s Government.
VI. His Highness Seyyid Ali hereby declares that the above
Agreement shall be for ever binding upon himself, his heirs
and successors.
Done at Zanzibar, in duplicate English and duplicate Arabic
copies, on the 14tli day of June, in the year 1890.
(Signature in Arabic.)
Translation : (“ This is true. Written by Ali-bin-Said with
his own hand.”)
Witnesses to the signature of His Highness the Sultan :
Mohammed-bin-Saef.
Salim-bin-Assan.
(L.S.) C. B. EUAN-SMITH, Colonel, Iler Britannic
Majesty’s Agent and Consul-General.
Witness to the signature of Colonel Euan-Smith :
Ernest J. L, Berkeley, Iler Britannic Majesty’s Vice-Consul.
No. 32.—ARTICLE XI o/ Anglo-German Agreement,
July 1, 1890.
XI. Great Britain engages
to use all influence to facili-
tate a friendly arrangement, by
which the Sultan of Zanzibar
shall cede absolutely to Ger-
many his possessions on the
mainland comprised in existing
Concessions to the German East
African Company, and their
dependencies, as well as the
Island of Mafia.
(514)
XI. Grossbritannien wil’d
seincn ganzen Einfluss auf-
bieten, um ein freundschaft-
liches Uebereinkommen zu
erleichtern, wodurch der Sul-
tan von Zanzibar seine auf
dem Festland gelegenen und
in den vorhandenen Konzes-
sionen der Deutsch-os trafri-
kanischen Gesellschaft erwahn-
ten Besitzungen nebst Depen-
f 2


it is understood that His
Highness will, at the same
time, receive an equitable in-
demnity for the loss of revenue
resulting from such cession.
Germany engages to recog-
nize a Protectorate of Great
Britain over the remaining
dominions of the Sultan of
Zanzibar, including the Islands
of Zanzibar and Pemba, as well
as over the dominions of the
Sultan of Witu, and the adja-
cent territory up to Kismayu,
from which her Protectorate
is withdrawn. It is understood
that if the cession of the
German coast has not taken
place before the assumption
by Great Britain of the Pro-
tectorate of Zanzibar, Her
Majesty’s Government will, in
assuming the Protectorate,
accept the obligation to use
all their influence with the
Sultan to induce him to make
that cession at the earliest
possible period in considera-
tion of an equitable indemnity.
denzen sowie der Insel vori
Mafia an Deutschland olme
Vorbclialt abtritt. Es herrscht
Einverstandniss daruber, dass
Seine Hoheit gleichzeitig fur
den aus dieser Abtretung en-
stehenden Verlust an Einnah-
men eine billige Entschadi-
gung erhalten soil.
Deutschland verpflichtet sich
die Scliutzherschafft Grossbri-
tanniens anzuerkennen uber
die verbleibenden Besitzungen
des Sultans von Zanzibar mit
Einschluss der Inseln Zanzibar
und Pemba, sowie uber die
Besitzungen des Sultans von
Witu und das benachbarte
Gebiet bis Kismaju, von wo
die deutsche Schutzherrschaft
zuriickgezogen wird. Es
herrscht Einverstandniss daru-
ber dass Hirer Maj estat Re-
gierung, falls die Abtretung der
deutschen Kiiste nicht vor der
Uebernahme der Schutzherr-
schaft fiber Zanzibar durcli
Grossbritannien stattgefunden
hat, bei der Uebernahme jener
Schutzherrschaft die Ver-
plichtung ubernehmen wird,
alien ihren Einfluss aufzuwen-
den, um den Sultan zu veran-
lassen, jene Abtretung gegen
Gewahrung einer billigen Ent-
schadigung sobaid als moglich
vorzunehmen.
No. 33.—DECLARATION between Great Britain and
France, respecting Territories in Africa (French Recognition
of British Protectorate over Zanzibar and Pemba ; British
Recognition of French Protectorate over Madagascar}.—
Signed at London, August 5, 1890.
The Undersigned, duly Le Soussigne. dument au-
authorized by Her Britannic torise par le Gouvernement de


85
Majesty’s Government, de-
clares as follows :—
In conformity with the re-
quest which has been made by
the Government of Her Britan-
nic Majesty, the Government
of the French Republic con-
sents to modify the Arrange-
ment of the 10th March, 1862,
in regard to the Sultan of Zan-
zibar, and engages, conse-
quently,to recognize the British
Protectorate over the Islands
of Zanzibar and Pemba as soon
as they shall have received
notification of the same.
In the territories in ques-
tion, the missionaries of both
countries shall enjoy a com-
plete protection. Religious
toleration, and liberty for all
forms of worship and religious
training, shall be guaranteed.
It is understood that the
establishment of this Protec-
toratewill not affect any rights
or immunities enjoyed by
French citizens in the terri-
tories in question.
London, August 5, 1890.
SALISBURY.
la Republique Frangaise, fait
la declaration suivante :—
Conformement a la deman de
qui lui a ete faite par le Gou-
vernement de Sa Majeste Brit-
annique ,le Gouvernement de
la Republique Frangaise con-
sent a modifier 1’Arrangement
du 10 Mars, 1862, en ce qui
touche le Sultan de Zanzibar.
En consequence il s’engage a
reconnaitre le Protectorat Bri-
tannique sur les Iles de Zanzi-
bar et de Pemba, aussitot qu’il
lui aura ete notifie.
Dans les territoires dont il
s’agit, les missionnaires des
deux pays jouiront d’une com-
plete protection. La tolerance
religieuse, la liberte pour tons
les cultes et pour l’enseigne-
ment religieux, sont garanties.
Il est bien entendu que
l’etablissement de ce Protec-
torat ne peut pas porter atteinte
aux droits et immunites dont
jouissent les citoyens Frangais
dans les tenitoires dont il
s’agit.
Londres, le 5 Aout, 1890.
WADDINGTON.
No. 34.—NOTES exchanged, between the British and German
Governments fixing the Indemnity to be paid to the Sultan
of Zanzibar as Compensation for the Cession to Germany of
the Coast-line between the Hirers Umba and Bovuma and of
the Island of Mafia.—Berlin, October 1890.
The British Ambassador at Berlin to the German Minister for
Foreign Affairs.
M. le Baron, Berlin, 27 th October, 1890.
In pursuance of previous communications on the subject of an
t accord between Her Majesty’s Government and the Imperial


86
Government for a settlement of the amount of indemnity which
the Sultan of Zanzibar shall receive for the loss of revenue resulting
from the permanent cession to Germany of the coast-line, between
the Rivers Umba and Rovuma and of the Island of Mafia, I have
now the honour, under instructions from Her Majesty’s Principal
Secretary of State for Foreign Affairs, to propose to your Excel-
lency on behalf of Her Majesty’s Government, the following
terms of agreement :—
1. The Imperial Government to pay in London previous to the
end of this year the sum of 4,000,000 marks in gold.
2. Until this payment is fully completed the Sultan to continue
to receive from the German East Africa Company monthly
accounts and payments for all customs duties collected by the
Company and due under existing Agreements. The customs
revenues which have been kept back since the 30tli June last to
be paid over at once.
3. As soon as the sum mentioned in Article I shall be paid, the
German East Africa Company to withdraw entirely from any
interference whatever in the affairs of the Zanzibar Custom-house.
4. The German East Africa Company to vacate and give up
to the Sultan, at a specified date, to be stated in the reply of the
Imperial Government to this note, which shall not be later than
the 31st December next, all the warehouses and other buildings
belonging to the Sultan, and forming part of or adjoining the
Zanzibar Custom-house, and now leased to and occupied by the
Company ; all arrears of rent for these buildings to be paid up
now and in future monthly until evacuation.
I beg your Excellency to do me the honour to inform me
whether the Imperial Government consent to these terms of
agreement.
I have, &c.,
EDWARD B. MALET.
The German Minister for Foreign Affairs to the British Ambassador
at Berlin.
(Translation.) Berlin, 28th October, 1890.
The Undersigned has the honour to inform his Excellency
Sir Edward Malet, Her Britannic Majesty’s Ambassador, &c., in
reply to the note of yesterday’s date, that the Imperial Government
agree with the proposals of the English Government respecting
the compensation of the Sultan of Zanzibar in return for his
cession of his possessions mentioned in that note, and situated
on the continent and within the present Concessions of the
German East Africa Company, together with their dependencies,
such as the Island of Mafia (Art. XI, paragraph 1, of the Anglo-
German Agreement of the 1st July, 1890).
Taking the points one by one, the Undersigned has the honour


87
to state tlie adherence of the Imperial Government to the
following :—
1. The Imperial Government to pay in London, before the
31st December next, the sum of 4,000,000 marks in gold.
2. Until the payment of this sum is fully completed, the
German East Africa Company to continue to send to the Sultan
monthly accounts for the Customs duties collected by the Com-
pany, and to make him such payments as he has the right to claim
under existing Agreements. The Customs revenues which have
been kept back since the 30th June of this year to be paid over
at once, in so far as this has not already been done.
3. As soon as the sum mentioned in Article I shall be paid, the
German East Africa Company to withdraw from any inter-
ference in the affairs of the Zanzibar Custom-house.
The German East Africa Company to vacate and give up to
the Sultan, not later than the 31st December, of this year, all
the warehouses and other buildings occupied by the Company
which belong to the Sultan, and either form part of or adjoin the
Zanzibar Custom-house. The Company also to pay up at once
all arrears of rent for these buildings, in so far as this has not
already been done, and to pay the current rent monthly until
evacuation.
The Undersigned, while expressing his satisfaction at the fact
that this question also has now been satisfactorily settled, avails,
&c.
MARSCHALL.
No. 35.—NOTBS exchanged between France and Germany,
respecting the French Protectorate over Madagascar, and
tlie Acejuisition by Germany of the Continental Possessions
of the Sultan of Zanzibar, as well as of the Island of Mafia.
—Berlin, November 17, 1890.
No. 1.—M. Ilerbette, Ambassadeur de France ci Berlin, au Baron de
Marschall, Secretaire d’Etat pour les Affaires Etr anger es.
Berlin, le 17 Novembre, 1890.
Au cours des entretiens que nous avons eus ensemble au mois
d’Aout dernier sur les rapports reciproques de l’Allemagne et de
la Erance a la Cote Orientale d’Afrique, votre Excellence m’a
declare que le Gouvernement imperial etait dispose a reconnaitre
le Protectorat de la France a Madagascar avec toutes ses conse-
quences.
De mon cote, j’ai ete en mesure de vous donner, lors de notre
entretien du 6 de ce mois, l’assurance que dans ces conditions le
Gouvernement de la Republique Frangaise n’eleverait pas d’ob-
jection contre l’acquisition par l’Allemagne de la partie con-


88
tineutale des Etats du Sultan de Zanzibar, ainsi que de l’lle de
Mafia.
Il a d’ailleurs ete entendu que les lessortissants Allemands
a Madagascar et les ressortissants Frangais dans les territoires
cedes a l’Allemagne par le Sultan de Zanzibar beneficieraient
sous tous les rapports du traitenient de la nation la plus favorisee.
Dans le but de consacrer definitivement le complet accord des
deux Gouvernements sur les points ci-dessus specifies, j’ai l’hon-
neur d’adresser a votre Excellence la presente communication et
je vous prie de m’en faire parvenir un accuse de reception con-
firmatif.
Baron de Marschall. HERBETTE.
No. 2.—Baron de Marschall, Secretaire d’Etat pour les Affaires
Etrangeres a Berlin, au M. Herbette, Ambassadeur de la Repu-
blique Franqaise.
(Traduction.) Berlin, le 17 Novembre, 1890.
Le Soussigne a Thonneur d’accuser reception a son Excellence
TAmbassadeur Extraordinaire et Plenipotentiaire de la Repu-
blique Frangais, M. Jules Herbette, de la lettre que celui-ci lui
a adressee en date dece jour et de lui faire connaitre que le Gou-
vernment Imperial adhere aux declarations qui y sont contenues.
Il en resulte que le Gouvernement de la Republique Frangaise
n’oppose aucune objection a l’acquisition par l’Allemagne des
possessions continentales du Srdtan de Zanzibar et de Tile de
Mafia, et que l’Allemagne, de son cote, reconnait le Protectorat
de la France sur Madagascar avec toutes ces consequences. Il
est, de plus, expressement convenu que les ressortissants Alle-
mands a Madagascar et les ressortissants Frangais dans les terri-
toires designes que le Sultan de Zanzibar cede a l’Allemagne,
jouiront sous tous les rapports du traitement de la nation la plus
favorisee.
M. Herbette. MARSCHALL.
No. 36.—DECLARATION between Great Britain and
Zanzibar, relative to the Exercise of Judicial Powers in
Zanzibar.—Signed at Zanzibar, February 2, 1891.
[English Text.]
Whereas it has been found desirable that judicial powers
under Article XVI of the Treaty of the 30th April, 1886, between
Great Britain and Zanzibar, should, under certain circumstances
be conferred by Her Majesty’s Government upon persons, within
the territories of Zanzibar, who are not Consular officers :
It has been agreed between Her Britannic Majesty and His


89
Highness the Sultan of Zanzibar that such judicial powers as are
authorized by Article XVI of the aforesaid Treaty of the 30th
April, 1886, may be conferred by Her Majesty’s Government
upon any person, whether such person be a Consular officer or
not.
The present Declaration shall have the same force and duration
as the Treaty to which it relates.
In witness whereof the Undersigned, duly authorised to that
effect, have signed the same this 2nd day of February, 1891.
ITis Highness SEYYID ALI, Sultan of Zanzibar.
C. B. EUAN-SMITH, Her Majesty’s Agent and
Consul-General, Zanzibar.
No. 37.—CONCESSION of Benadir Ports granted by the
Government of His Highness the Sultan of Zanzibar to the
Government of His Majesty the King of Italy.—August 12,
1892. " ---
Ti-ie Government of His Highness the Sultan of Zanzibar
and its dependencies on the East Coast of Africa by the present
Agreement grants the following Concessions to the Government
of His Majesty the King of Italy, who on their side accept the
obligations herein contained :—
Art. I. The Government of His Highness the Sultan of Zanzibar
makes over to the Government of His Majesty the King of Italy
all the powers which they possess over the towns and ports of
the Benadir coast, namely, Brawa, Merka, Magadisho, each with
a radius landwards of ten sea miles, and Warsheik, with a radius
landwards of five sea miles, and the islands in their vicinity,
to be administered politically and judicially in the name of the
Government of His Highness the Sultan of Zanzibar and under
his flag ; but it is understood that the Government of His Highness
the Sultan of Zanzibar will not be responsible for, and will not be
called upon to defray, any expenses of administration, or others,
such as those arising from war, as “ blood-money ” (“ diya ”),
&c., or from any claim which may arise.
The Government of His Majesty the King of Italy, or their
Representatives, will have the sole right of purchasing or dealing
with public lands within the limits of’the above-named territories.
The Government of His Highness the Sultan undertakes to
give every facility to the Government of His Majesty the King of
Italy, and to use their authority to insure to the said Government
their rights and powers, in order that this Agreement may attain
its full effect. It is further agreed between the High Contracting
Parties that nothing contained in the following Articles of this
Concession shall in any way infringe or lessen the rights accorded


90
by the Government of His Highness the Sultan of Zanzibar to
the subjects or citizens of Great Britain, the United States of
America, France, Germany, or any other foreign Powers having
Treaty relations with the Zanzibar Sultanate, or the obligations
which are or may be imposed by adhesion to “ The General
Act of Berlin, 1885,” or “ The General Act of'thc Brussels Confe-
rence, 1890.”
II. The Government of His Highness the Sultan of Zanzibar
authorizes the Government of His Majesty the King of Italy to
concede the administration of the towns and ports of the Benadir
coast, which form the object of the present Concession, to an
Italian Company which will be charged with the administration
of the towns, ports, and territories in the name of His Highness
the Sultan and under his flag ; but always on the responsibility
of the Government of His Majesty the King of Italy. The
Delegates of the Italian Company, in the name and with the
authorization of the Government of His Majesty the King of
Italy, may exercise all the rights agreed upon in the present
Concession, may nominate all their own officers and subordinate
employes, establish Courts of Justice, and adopt any measure
which they may deem necessary or expedient for the protection
and in the interests of the previously-mentioned towns, ports,
and territories.
The Government of His Highness the Sultan agrees to hand
over to the Government of His Majesty the King of Italy, or to
their Representatives, all the forts and public buildings existing
at the time of the occupation of the Benadir towns by the Italian
Administration, as well as all the proprietary rights possessed
by them over the territories within a radius landwards of ten sea
miles from the towns of Brawa, Merka, and Magadisho, and of
five sea miles from the village of Warsheik.
The Government of His Highness the Sultan furthermore
authorizes the Government of His Majesty the King of Italy, or
their Representatives, to levy any taxes, tributes, dues, and
tolls, import and export duties, and to take any measure which
they may consider necessary to meet the expenses of the Local
Government, for the maintenance of public forces, for the admin-
istration of justice, the construction of roads, harbours, and other
public works, defensive or otherwise, and for the liquidation of
debts and payment of interest upon capital expended.
The Governors, all the judicial officers, and the officials of
all ranks shall be appointed by the Italian Government or their
Representatives.
The stipends of the Governors, Arab and native Judges, all
officers and officials, and the cost of the troops, shall all be paid
by the Government of His Majesty the King of Italy or by their
Representatives.
III. The Government of His Highness the Sultan of Zanzibar
grants to the Italian Company which, with the authority of the


91
Government of His Majesty tlie King of Italy, takes over the
administration of the towns and territories of the Benadir coast,
which form the object of the present Concession, or to the Com-
pany’s representatives, the right to trade, to hold property,
to erect buildings, to acquire lands or buildings by purchase or
negotiation, anywhere within the towns and territories above
mentioned, with the consent of the proprietors of any such lands
and houses.
IV. The Government of His Highness the Sultan of Zanzibar
grants to the Government of His Majesty the King of Italy,
or to their Representatives, the exclusive privilege of levying
taxes on the inhabitants, and powers to regulate trade and
commerce, and also navigation, to control the fisheries, to con-
struct roads, tramways, railways, canals, harbours, telegraphs,
&c. ; to levy taxes and dues on these works of public utility ; and
also the power to control or prevent the importation of any
merchandize, arms, ammunition of all sorts, alcoholic liquors, or
any other goods which, in the opinion of the Government of His
Majesty the King of Italy, or of their Representatives, are detri-
mental to law, order, and public morality, and in respect of which
the Government of His Highness the Sultan is under no obligation
to other Governments. But it is clearly understood that the
exercise of these rights and privileges shall be in conformity with
the Treaties existing between the Zanzibar Sultanate and foreign
Powers, and with the obligations which are or could be imposed
by adhesion to the General Act of Berlin, and to the General
Act of the Brussels Conference, 1890.
V. The Government of His Highness the Sultan of Zanzibar
authorizes the Government of His Majesty the King of Italy,
or their Representatives, to establish custom-houses and to levy
dues and tolls on any vessels and goods arriving at or departing
from the ports before mentioned, and to take all necessary mea-
sures for the prevention of smuggling, subject in all cases to the
Treaties, Acts, and Conventions above named.
VI. The Government of His Highness the Sultan of Zanzibar
grants to the Government of His Majesty the King of Italy
or their Representatives, the right to establish a bank or banks
in the towns which form the object of the present Concession
with the exclusive privilege of issuing notes and gold, silver, and
copper moneys, on the condition that they conform to any
engagements previously entered into by His Highness the Sultan
or by his predecessors.
VII. All the aforesaid powers, rights, and privileges, are granted
to the Government of His Majesty the King of Italy, or their
Representatives, for a term of twenty-five European years, to
commence from the day on which the present Concession shall be
approved by the Government of Her Majesty the Queen of Great
Britain and Ireland, Empress of India, and by the Government
of His Majesty the King of Ttaly.


At tlie expiration of the term, of twenty-five European years the
present Concession can be renewed for a corresponding term
of twenty-five years, on the same conditions, by a simple declara-
tion to that effect on the part of the Government of His Majesty
the King of Italy.
At the expiration of the term of twenty-five years or fifty
years all the public works, buildings, railways, &c., shall revert to
the Government of His Highness the Sultan, if they so desire
it, at a valuation to be fixed by Arbitrators chosen by both
parties ; except such buildings and constructions as shall have
been handed over gratuitously by the Government of His Highness
the Sultan to the Government of His Majesty the King of Italy
or their Representatives, which shall be returned in like manner
(gratuitously).
VIII. The Government of His Highness the Sultan of Zanzibar
grants to the Government of His Majesty the King of Italy
or their Representatives, the “ regie ” or lease of the customs in
the above-mentioned ports for the period of twenty-five years
or fifty years, as aforesaid, on the following conditions, namely :—
The Government of His Majesty the King of Italy undertakes
to pay to the Government of His Highness the Sultan of Zanzibar
a sum of 40,000 rupees, as a premium, on the Italian adminis-
tration taking over possession of the ports, towns, and territories
which form the object of the present Concession, and thereafter
the sum of 40,000 rupees at the end of each quarter of the European
year.
But it is clearly understood that the Government of TIis High-
ness the Sultan of Zanzibar shall not claim twice over the import
and export duties in the trade in the towns of the Benadir coast
which form the object of the present Concession, and that the
Government of His Majesty the King of Italy, or their Represen-
tatives, shall be entitled to claim a “ drawback ” for the amount
of any customs duties which may be paid direct to the Government
of His Highness the Sultan of Zanzibar on any imports to or
exports from the ports of the Benadir coast, from the date of the
present Agreement coming into force.
IX. It is clearly understood that all administrative, judicial
and other powers granted by the present Agreement shall be
exercised by the Government of His Majesty the King of Italy, or
by their Representatives, in the name of His Highness the Sultan
of Zanzibar’s Government, and under his flag, and that the
Government of His Majesty the King of Italy, or their Represen-
tatives, shall enjoy all the rights, privileges, immunities, and
advantages which are, or hereafter may be, accorded to any other
Government, Company, or individual, to whom the Government
of His Highness the Sultan of Zanzibar may have granted or may
grant Concessions in other parts of his dominions, whether similar
to those granted under the present Concession, or of a different
character.


93
But the Government of His Majesty the King of Italy under -
akes not to claim the right of altering the system of annual
payment established by the present Concession, save with the
consent or on the initiative of the Government of His Highness
the Sultan, or the Government of Her Majesty the Queen of
Great Britain and Ireland, Empress of India.
X. The present Agreement shall come into force whenever the
Government of His Majesty the King of Italy shall deem expedient
by their giving to the Government of His Highness the Sultan
of Zanzibar one clear month’s previous notice.
The Government of His Majesty the King of Italy shall be
responsible to the Government of His Highness the Sultan of
Zanzibar for the payment of the sums stipulated for in Article
VIII of the present Agreement, but only from the date on which
they may take over charge of the whole Administration, as above
specified ; it is further understood that the time of the gratuitous
transfer of the custom-houses, lands, forts, public buildings,
proprietary rights, &c., which the Government of His Highness
the Sultan of Zanzibar possesses in the towns and territories
above described, shall be fixed by special Agreement, and that
a schedule of them shall be then given by the Government of
His Highness the Sultan.
XI. The present Agreement shall be of value only when it
has been approved by the Government of Her Majesty the Queen
of Great Britain and Ireland, Empress of India, and by the
Government of His Majesty the King of Italy.
XII. His Highness Seyyid Ali, Sultan of Zanzibar, has declared
by his letters of 14 Rejeb, 1307 (6tli March, 1890), to Mr. Mackenzie
and of 5 Moharrem, 1310 (31st July, 1892), to Mr. Portal, that
he has no objection to make to the Concession of the towns,
ports, and territories of the Benadir coast to Italy, and that he
will accept whatever arrangement may be made and approved
by the Government of Her Majesty the Queen of Great Britain and
Ireland, Empress of India, the Protecting Power of the Sultanate
of Zanzibar.
The present Agreement has been made out in six copies, two
of which are written in the English, two in the French, and two
in the Arabic language, all of one and the same tenour. Should
differences arise as to the interpretation of the stipulations of the
present Concession, the French or English texts alone shall be
considered decisive.
In faith whereof Sir Gerald H. Portal, Her Britannic Majesty’s
Diplomatic Agent and Consul-General, and M. Pierre Cottoni,
Acting Consul for His Majesty the King of Italy, have signed
these presents and affixed their seals.
Done at Zanzibar, this 12tli day of August, 1892.
(L.S.) G. H. PORTAL.
(L.S.) P. COTTONI.