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'MEMORANDUM. Grant of French Flags to Muscat Dhows.' [2r] (3/8)
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. .
Transcription
This transcription is created automatically. It may contain errors.
3
On the 8th April, 1903, five Arabs, natives of
Sur, arrived at Muscat on the British mail-
steamer from Bombay: Bombay being an infected
port the men were placed in quarantine. The
following day, however, they broke quarantine^
and escaped from Muscat in a sailing boat. The '
Sultan at once communicated with his Health
Officer and His Majesty's Consul. The steam-
launch of His Majesty's ship "Perseus" was
dispatched after the fugitives, overtook them and
brought them back to Muscat, where they were
taken back to the quarantine station. On the
11th April the French Consul claimed the release
of the five Arabs as being Suris under French
protection. The Sultan replied that he intended
to punish them for breaking quarantine, and
repeated his protest against the contention that
the French flag covered any of his subjects while
in his territory or territorial waters. On the 15th
April the men were tried and sentenced to three
months' imprisonment.
An acute crisis supervened. The Sultan's
action was supported by His Majesty's Govern
ment, but was challenged by the French Consul
and the Commander of the French war-ship
" Infernet." The latter, after a violent scene
with the Sultan, threw his sword on the table
and told His Highness to choose between that and
the release of the five prisoners.
Finally, it was decided that this incident and
the whole question of the grant of French flags to
subjects of the Sultan should be submitted to the
arbitration of the International Court at The
Hague.
The following two points were submitted to
the decision of the Tribunal, which met at The
Hague on the 24th July, 1905 :—
(a.) The scope of the reciprocal Declaration made
by Great Britain and France in 1862 in relation
to the issue by France to subjects of the Sultan
of papers authorizing them to fly the French flag ;
and
(&.) The nature of the privileges and immu
nities claimed by subjects of the Sultan who were
owners or masters of dhows and possessed French
papers, or were members of the crew of such
dhows, and their families, especially as to the
manner in which such privileges and immunities
affected the jurisdiction of His Highness over his
said subjects.
About this item
- 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.
- Written in
- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/18/B154
- Title
- 'MEMORANDUM. Grant of French Flags to Muscat Dhows.'
- Pages
- 1r:4v
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence