Sir Julian Pauncefote to Mr. Sherman.

Sir: I have the honor, by direction of the Marquis of Salisbury, to transmit to you, herewith, a copy of the draft ordinance for restricting the importation of alcoholic liquors for the use of the native population in Zanzibar, which has been prepared in communication with the German Government, and has received their concurrence, subject to the reservations contained in the note of which a copy is inclosed.

In communicating the draft ordinance to the United States Government, I am directed to express the hope of Her Majesty’s Government that you will be able to favor me with an early expression of their acquiescence in its terms.

I have, etc.,

Julian Pauncefote.
[Inclosure 1.]

Baron Marschall to Mr. Lascelle.

The undersigned has the honor to inform Sir F. C. Lascelle, with reference to his excellency’s note of August 15, last year, respecting restriction on the importation of spirits into Zanzibar, that the draft ordinance having been again submitted to the acting Imperial consul at Zanzibar for his opinion, the Imperial Government no longer have any objections to offer to the issue of a decree in the sense proposed, on the condition that, under the term “spirits,” wine, beer, and vermuth are not to be understood, and that the period of six months provided by section 1 of the draft ordinance shall only date from the publication of the decree in the official newspaper which appears in Zanzibar. For [Page 256] the rest, the Imperial Government proceed on the assumption that those spirits which, being destined for reexportation, lie sealed up at the custom-house, shall hereafter, as formerly, be regulated by the provisions of Article VII, section 3, of the treaty of commerce and navigation between Germany and Zanzibar.

The assent of the Imperial Government is subject to the reservation, already stated in the note of April 10, of last year, that the other power concerned shall also have concurred in the draft of the decree, and that the compulsory execution of the provisions of the decree against German subjects and protected persons by judicial or administrative process shall only take place through the Imperial consulate at Zanzibar, and in accordance with the legal provisions which apply to the same.

The undersigned, etc.,

C. T. Marschall.
[Inclosure 2.—Confidential.]

Draft ordinance for the restriction of the importation of alcoholic liquors into Zanzibar.

Whereas it is provided by Article XCI of the general act of the conference of Brussels, to which both Her Majesty the Queen and His Highness the Sultan of Zanzibar are parties, that the importation of distilled liquors shall be prohibited by the several powers having possession of protectorates situated within the region of the zone defined in Article XC of that general act, whenever, either on account of religious belief or from other motives, the use of distilled liquors does not exist or has not been developed; and

Whereas it is further provided by the same article that each power shall determine the limits of the zone of prohibition of alcoholic liquors in its possessions or protectorates, and shall be bound to notify the limits thereof to the other powers within the space of six months, and also that the above prohibition can only be suspended in the case of limited quantities destined for the consumption of the nonnative population, and imported under the system and conditions determined by each Government; and

Whereas notice was given by Her Majesty’s Government to the several powers signatory to the Brussels act by a circular dated London, the 6th April, 1892, that Her Majesty’s Government had decided that the British protectorate of Zanzibar, including all the dominions of the Sultan, both on the islands and on the mainland, should be placed under the terms of Article XCI of the act of Brussels from that date; and

Whereas by the same notice it was stated that Her Majesty’s agent and consul-general had been directed to notify, in accordance with the terms of Article XCI, the system and conditions determined by the protecting power under which limited quantities might be imported for the consumption of the nonnative population; and

Whereas it has been found necessary to impose further restrictions in order to regulate the introduction and sale of the limited quantities of alcoholic liquors which may be so introduced, it is hereby enacted as follows:

1. From and after six months from this date no distilled or alcoholic liquors shall be imported, whether by land or sea, into any of the territories administered by or for His Highness the Sultan of Zanzibar otherwise than in accordance with this ordinance.

2. For the use of the nonnative population only there shall be admitted a limited quantity of distilled or alcoholic liquors imported in bottles, packed in cases, and of a declared value, supported by invoice or other documentary evidence as required, of not less than 18 rupees per dozen reputed quarts, or 9 rupees per dozen reputed pints, and so in proportion if bottles of other sizes be used; or if imported in casks, of a declared value of not less than 5 rupees per liquid gallon and bearing the brands of well-known European producers of the higher kinds of spirituous liquors.

With each consignment the consignee shall give a written guaranty that none of the liquor shall be sold to any native by him—that is to say, any person born in Africa, not being of European race or parentage—and no person, whether he is the possessor of a license or not, shall sell any imported, distilled, or alcoholic liquor to any native as herein defined.

Special exceptions may be made at the discretion of the first minister, or director of customs acting on his behalf and under his sanction, in favor of respectable natives of European colonies in Africa in which the importation of spirituous liquors is permitted.

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3. Not more than 500 cases, containing 12 quarts or 24 pints in each case, or in casks a total quantity not exceeding 1,000 gallons, shall be withdrawn by any firm or individual in any one period of six months, unless in virtue of a special permit granted by the Government.

4. All liquors admitted shall be deposited in the custom-house, and only be withdrawn as actually required, on application in writing being made to the collector of customs. The casks and cases containing them shall, before their withdrawal from the custom-house, be stamped with the Government mark, “H. H. G.” They will be stored free of rent for a period of six months. Duty will be taken only when they are actually removed, save in the case of liquors awaiting transshipment, which are free if shipped for their original port of destination within six months of their arrival, and in the interval have not changed owners.

5. No importer of, or trader in, such liquor shall be permitted to withdraw more than twenty-four hours, and, on making an application to do so, he shall, if so required, make a declaration stating that he has not at that moment within his warehouses more than 100 cases in addition to those which he wishes to withdraw.

6. Should any doubt arise as to the interpretation of any of the above provisions, the question shall be submitted to a commission consisting of three independent merchants nominated by Her Majesty’s agent and consul-gederal, and their decision shall be final.

7. Nothing in the above provisions shall be held to repeal any provision of the ordinance of the 31st May, 1892, respecting licenses for the sale of liquors, which is is and remains in full force.

8. Any person who imports or sells distilled or alcoholic liquor in breach of this ordinance shall be guilty of an offense, and on conviction liable to a fine not exceeding 1,000 rupees, and any liquor in respect of which the offense is committed shall be forfeited; and if the offender is the holder of a license for the sale of alcoholic liquor, his license shall be liable to forfeiture.

9. Any person who makes a false declaration in regard to the value and description of liquors imported under this ordinance shall, on conviction, be liable to a fine not exceeding 400 rupees.