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'File 35/85 III A 10 French Flag Question' [‎42r] (94/610)

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The record is made up of 1 volume (290 folios). It was created in 15 Aug 1905-2 Apr 1906. It was written in English, Arabic and French. 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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00042
the liigTi seas flying American colours, and the United States were so far convin
ced that their laws and surveillance were insufficient that more cruisers were
detailed to suppress the ahuse of the flasr,
"State Papers," vol. xhx, p, 1118. j xi, j. ttti i -j-x J j. o
and that a Bill was submitted to Congress
to strengthen the law against slave trading. The Tribunal will also remember
that the United States, in 1892, adhered to the Brussels Act.
The right of police in territorial waters is wholly distinct from the " droit
de visite." Ihe latter applies only to the high seas—the highway of nations.
But it seems to be as fully admitted as any doctrine of international law that a
public vessel of one State has no right to exercise police powers even over the
merchant vessels of its own State in the territorial waters of another State. To
quote the opinion of Mr. Nelson, Attorney-General of the United States, given
in 1813 in the case of the schooner " Ariel"**-.
"It is quite clear that the seizure of an American vessel by another, also American,
Opinions of United States' Atfcorney-fleneial, Vol- within the jurisdiction of a foreign Government
IV, p. 285, November 29,1843. for an infringement of American revenue or navi
gation laws is a violation of the territorial authority of the foreign Government/'
Opinions to the same effect could be multiplied, but it is enough to say
that it is an essential element in the conception of independent sovereignty that
no foreign Power should, without the consent of the Sovereign, exercise within
his territory or waters any coercive jurisdiction over any person.
It is, of course, within the competence of the territorial Sovereign expressly
to grant or to acquiesce in the exercise within his waters by the public vessels
of another State of powers of surveillance or police over merchant vessels flying
the flag of that State, and much of the French Case is taken up by an attempt
to prove that this concession has been made to Trance by the Sultan of Muscat,
or that this power has been, by Treaty, or acquiescence, or otherwise, acquired
by France.
France claims that in the waters of Oman she has acquired in some such
way the sole right of surveillance or police over vessels flying the French flag,
and that the territorial authority of the Sultan is excluded. Her contentions
have somewhat shifted on this point.
In March 1902 the French Consul wrote to the Sultan that France only
British Case, p. 72-73, claimed the right of surveillance and
British case', p. 26. police conferred by the Brussels Act over
vessels flying the French flag. It has already been pointed out in the British
Case that the Sultan is not a Signatory to that Act, and that it does not give any
Power any right of surveillance or police in the waters of another Power, though
it does Rive to the Powers whch ihave adhered to Article XLII a mutual right
of search on the high seas.
In 1903 M. Cambon stated to Lord Lansdowne that the Treaty of 1844
was not designed to meet the case of the
British Case, p. 25. dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners, that their rights were in
many cases anterior to the Treaty, that the French flag holders were altogether
outside the Treaty, and that protection was claimed for them not under the
Treaty, but because they had been given French papers, and were entitled to
fly the French flag. This contention has already been, stated and criticised at
page 25 of^the British Case.
But France has now abandoned the contentions of M. Laronce and M.
Cambon, and in the (< Contre-Memoire" for the first time takes up the position
that she is entitled under the Treaty of 1844 to the exclusive right of police in
Muscat waters over vessels flying the French flag.
The arguments in support of this contention are, for the most part, con
tained in the opinion of M. Renault, i/i
" Contre-M^moiro," p 150. limine, His Majesty's Government ven
ture to point out that, eminent as is the reputation of M. Renault, his opinion

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Content

Correspondence relating to the Hague Arbitration Tribunal which decided on questions referred to it by Great Britain and France concerning the flying of French flags by dhows in Sur. Before the 2nd January 1892 when the Brussels Conference General Act was ratified France was entitled to authorize vessels belonging to subjects of the Sultan of Muscat to fly the French flag only and be bound by French legislative rules. Includes a list of dhows and dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners flying the French flag as well as printed copies of the material submitted to the tribunal and the 'Award of the Arbitration Tribunal appointed to decide on the question of the grant of the French flag to Muscat dhows'. Letters discuss the desire of the British to increase the authority of the Sultan of Muscat in Sur.

Correspondents include Major William George Grey, Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Muscat; Percy Zachariah Cox, 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. Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; Secretary to the Government of India in the Foreign Department; Foreign Office, London; Saiyid Faisal bin Turki [Fayṣal bin Turkī], Sultan of Muscat; Monsieur Laronce, French Consul, Muscat.

Extent and format
1 volume (290 folios)
Arrangement

The papers are arranged chronologically from the front to the rear of the file. An index to the file is given.

Physical characteristics

Foliation: the foliation sequence commences at the front cover and terminates at the back cover; these numbers are typed, with additions, clarifications and corrections written in pencil. This sequence can be found in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Written in
English, Arabic and French in Latin and Arabic script
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'File 35/85 III A 10 French Flag Question' [‎42r] (94/610), British Library: India Office Records and Private Papers, IOR/R/15/1/405, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023528762.0x00005f> [accessed 29 March 2024]

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