'Gazetteer of the Persian Gulf. Vol I. Historical. Part II. J G Lorimer. 1915' [‎2248] (765/1262)

2248
to the Porte,
1901.
Proceedings
of M M.
Dumas and
Castelin,
1903.
syndicate were negotiating with the Porte for a monopoly of tlie pearl
fisheries along the Ottoman shores of the Eed Sea and Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , with
a view to working them by scientific methods; a somewhat similar
statement also appeared at the same time in the " Moniteur Oriental".
The British Ambassador at Constantinople accordingly brought it to the
notice of the Porte that the operations which appeared to be contemplated
would excite the jealousy of the natives^ and he alluded to the moral
obligation under which the British Government lay to protect the rights
of the Trucial Shaikhs in the matter. The Turkish Minister denied
knowledge of the negotiations, but he promised to take note of the
Ambassadors statement; and nothing further was heard of the syndicate
or their scheme.
The question of the international status of the pearl fisheries was at
length, in 1903, brought to an issue by the apparent intention of two
French subjects to establish themselves in Bahrain and take part in the
industry. M M. Dumas and Castelin, the former a partner in the
Marseilles firm of Dumas et Guien, arrived in Bahrain in February 1903;
M. Dumas was provided with letters of recommendation from the French
Ministries of Commerce and Foreign Affairs. On the 25th of March
M. Dumas called on the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. at Bushehr and sound*
ed him as to the possibility of engaging in the fishery; he was informed
by Colonel Kemball that his operations would be attended by risk, and
that he would probably meet with active opposition. M. Dumas then
returned to Bahrain, and in April he made advances to the Shaikh
through Tek Chand ; but his overtures were repulsed by the Shaikh, who
asserted the grant of a pearling concession to be impossible. Ult 1 '
mately, in May 1903, his affairs making no progress, and an outbreak of
plague having occurred, M. Dumas left Bahrain and was not again
seen there; but the importance and scope of the questions which his project
had all but raised were now fully appreciated, and steps were taken by the
It was
Legal opinion
in regard to
British policy,
1905.
Government of India to bring them to a settlement,
foreseen that, in event of the forcible intrusion on the fishery of
European foreigners, the Trucial Shaikhs would immediately appeal for
protection to the British Government; and it was therefore necessary
that a line of policy should be laid down in advance.
The matter was placed before His Majesty's Government in a
despatch of the Government of India, dated the 8th of March 1904, and it
was subsequently referred for opinion to the Law Officers of the Crown.
The finding of the Law Officers, dated the 11th of February 1905, dealt
separately with the question of the rights of the Arab tribes and witn
that of effective steps for their protection.
The Law Officers were of opinion that, within the three-mile limjt and
in any other waters which might justly be considered territorial, the tribes o
the Arabian coast were entitled to the exclusive use of the pearl fisheuc 6 -
As regards pearl banks outside territorial waters it was held that, as ama er
of international law, such banks were capable of being the property oi ®
tribes to the exclusion of all nations ; and the case of the Ceylon
banks and the views of various authorities* were cited in support of ^
remarked ^ . publi . <:ist 7attel ^ » his "Droit de. G™'" ^
logitlmemeot tomber en 1 ' eneS ^ PerleS de Bahrcia et de Ceyla ' n