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'MEMORANDUM. Grant of French Flags to Muscat Dhows.' [2v] (4/8)
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.
4
His Majesty's Government submitted that—-
1. No subject of the Sultan acquired the status
ol a French protege by the iact of being the
owner, captain, or member of the crew of a
dhow
A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean.
which had obtained French papers or flag.
2. By her adhesion to Article 32 of the Brussels
Act, France was bound not to give French flags or
papers to any native vessel unless its owner was a
hond fide French citizen or protege.
3. France was equally debarred by the Decla
ration of 1862 from withdrawing any subject of
the Sultan from His Highness'jurisdiction by the
grant of French flags and papers, and such a
practice trenched on His Highness' independence.
4. No subject of the Sultan, by accepting
French papers or flags, acquired for himself, or his
crew or family, immunity from the Sultan's juris
diction in Muscat territories or waters.
5 and 6. The French titres de navigation were
not transferable from one owner to another, or
from one
dhow
A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean.
to another.
7. France should erase from her registers all
vessels owned by subjects of the Sultan, and
obtain the surrender of their flags and papers.
8. In cases where France claimed any Omani
owner, or captain, or sailor as a French protdge,
she should furnish proofs to the Sultan in support
of her claim.
The French Government contended—
1. That France had in no way infringed the
Declaration of 1862 by the grant of French flags
or papers, or by forcing the-Sultan to respect the
Treaty of 1844, and that the status quo should be
maintained.
The Award of the Tribunal was delivered on the
8th August, 1905, and ran as follows :—
As regards («)—
" 1. Before the 2nd January, 1892, France was
entitled to authorize vessels belonging to subjects of
His Highness the Sultan of Muscat to fly the French
flag, only bound by her own legislation and adminis
trative Rules."
The date in question is that of the ratification
of the Brussels Act, the Court holding that
France was, in relation to Great Britain, bound
to grant her flag only under the conditions pre
scribed by Article 32 of that Act.
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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- 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