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'MEMORANDUM. Grant of French Flags to Muscat Dhows.' [‎1v] (2/8)

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The record is made up of 4 folios. It was created in Jan 1906. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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time, French ships' papers and flags to subjects
of tlie Sultan of Muscat, and the same course has
been taken by the French Consuls at Aden,
Muscat, and Zanzibar. Most of the Omanis who
thus received French papers belonged to the dis
trict of Jalani and the town of Sur, within Muscat
territories. These men were neither of French
nationality nor naturalization; they had no
authority from their Sultan no change their alle
giance, and they had no permanent residence or
settlement in French territory, but merely paid
fleeting visits thereto for the purpose of renewing
their licences.
Many of these flagholders engaged in the Slave
Trade. Moreover, on returning to the waters and
territory of Muscat, they claimed that the Sultan
was not entitled to board or search their vessels,
or to exercise any jurisdiction over them, and that
they were entitled to be treated as French proteges,
and to be exempt from his laws as regards cus
toms, quarantine, and other matters.
The Sultan of Muscat never admitted that the
grant of French flags or papers was warranted by
Treaty or usage, and made repeated protests on
the subject. He appealed to His Majesty's
Government, who on several occasions made
representations to the French Government. In
1899 His Highness visited Sur, and persuaded
the French flagholders to sign, an undertaking
to give up their papers. Four sets of papers
were actually surrendered and were sent to
the French Consul, but he declined to receive
them. The question formed the subject of
further discussion between the British and
French Governments, and, in June 1900, the
French Ambassador in London gave an assurance
that from that date no fresh papers would
be issued to Muscat subjects. There matters
rested until they were brought to a head by two
incidents which occurred in 1903.
A French flagholder named Mubarak, a subject
of the Sultan, in order to avoid a fine levied on
the town of Sur, persisted in taking his dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. out
of the harbour in spite of orders to the contrary.
The vessel was fired upon, and a shot went
through its flag. The French Consul made this
incident the ground for a claim on the Sultan for
an indemnity of 1,500 dollars. The claim was
challenged by the British Consul, and was with
drawn or postponed,

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Content

This memorandum by Ronald William Graham, Foreign Office, London, was printed for the use of the Foreign Office in January 1906 and concerns the grant of French flags to Muscat dhows.

The memorandum outlines the background of key relevant treaties: the 1844 Treaty between France and Muscat granting extraterritorial rights and the 1891 Treaty between Great Britain and Muscat granting similar rights and most favoured, nation treatment for British subjects in France; also the 1862 British-French declaration engaging reciprocally to respect the independence of the Sultan of Muscat.

As France had only partially ratified the Brussels General Act in 1892 it preserved its claim to resist the right of search. Men from Sur involved in the oversea slave trade used this policy to obtain the benefit of the French flag, and avoid detention and search on the high seas.

The memorandum details two incidents in 1903 which brought the matter to a head. A French flagholder named Mubarak took his dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. out of the harbour in order to avoid a fine. His vessel was fired upon and a shot went through its flag leading to a protest from the French.

On 8th April 1903 five Arabs from Sur, arrived at Muscat from Bombay. As Bombay was an infected port, the men were placed in quarantine. The next day they broke quarantine and the Sultan had them arrested and imprisoned. The French consul and Commander of the French warship Infernet protested.

These incidents led to the submission to arbitration of the International Court at The Hague. The memorandum gives brief details of the British and French arguments to the tribunal.

Extent and format
4 folios
Physical characteristics

Foliation: The foliation sequence commences at the first folio and terminates at the last folio; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Pagination: The booklet also contains an original typed pagination sequence.

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English in Latin script
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'MEMORANDUM. Grant of French Flags to Muscat Dhows.' [‎1v] (2/8), British Library: India Office Records and Private Papers, IOR/L/PS/18/B154, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023442609.0x000003> [accessed 23 May 2024]

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