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'File 35/85 III A 10 French Flag Question' [‎42v] (95/610)

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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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can have no other effect on this arbitration than that of an advocate consulted
by one of the High Parties to the arbitration, and that the case submitted to
him for his opinion is not included in the " Contro Memoire.
Great Britain contends (1) that Prance cannot rely on the Brussels Act to-
justify the exercise of police powers in those waters^ because the Sultan is not a
party to that Act, and .because that Act specially reserves the rights of the
territorial Sovereign as to vessels in his waters; ('-) that the Sultan has done no
act to surrender or delegate to Prance his authority in his own waters.
1. It is difficult to see how Prance can juridically meet the first of these
contentions. Indeed, she endeavours to do so mainly by suggesting that the
Slave Trade Treaties between Great Britain and Mascat upset the balance and
equality which ought to result from the Declaration of 1862. Ihis contention,
has already been disposed of in the British Counter-Case (p. 33}.
2. But the second contention is that which the weight of M. Eenault's i
opinion is directed to meet.
Prance admits that the Sultan of Muscat—
" possede les droits que luf confere la souvera-
" Contre Memoire " p. 37. inete sur ses sujets et dans ses Etats:^
and includes in this admission the right to make Quarantine Regulations, but
makes a grievance of the fact that the
« Contre-Memoire,' p. ss. Sultan, in enforcing the Regulations,
has utilized the services of British subjects, for getting that if the right exists
it is for the Sultan to decide on the executive agents to be chosen. After these
admissions and this complaint, a distinct and definite proposition is- enunci
ated :—
" Si le Sultan de Mascate possede dans ses eaux territoriales un droit de polke et de
•juridictipn 'a I'egard des navires arborant le
ontre emoire, p. . pavilion rouge Mascatais, il n'en possede aucun
sur les navires, boutres, ou autres qui portent le pavilion tricolore"
To prove this proposition it is argued that ships flying the Prench flag fall
within the words of the Treaty of 1844), Article 111/
Examination of that Article, which is printed at p 6 of the British
Case, will show that it begins by granting permission to Prenchmen to buy,,
sell, or take on lease lands, houses, and shops in Oman, and prohibits entry,
on any pretext, into the houses, shops, and other properties (" autres proprietes , ')
possessed or occupied by Prenchtnen or persons in Prench service. It is
perfectly clear from the context that the Article relates to ' c immeubles," and
gives" aux fra^ais'' a right to acquire them, and that in the second place it
provides against violation of the domicile of " fran9ais" who have acquired
„ • . „ such immeubles," and of persons in
"Contre-Memoire, p. 151. ., . . xt , i • • ,1 A . . ,
their service. .Nothing m the Article
can be reasonably extended to ships, and though M. Eenault so contends, he
does so faintly, saying that if the action of the territorial Sovereign is restricted
on land, " on peut affirmer qu'a plus forte raison elle Test et doitl'^tre, pour les
eaux territoriales." This amounts to reading into a document, on theoretical
grounds, words which do not occur in it and are in no way necessary for its
correct interpretation.
The Treaty is not silent about Prench ships, but ifs articles do not contain,
any express provision as to Prench vessels in territorial waters, or excluding
the right of police by the Sultan, and do not give any colour to any theory of
exemption from visit. Such an exemption would be inconsistent with the right to
enforce the Bevenue, Customs, and quarantine laws of Oman, for which pur
poses it is essential to board and examine vessels entering at Oman ports ; and
it can hardly be regarded as a necessary part of a Treaty to facilitate commerce
that smuggling by the ships of a foreign State or disregard of quarantine should
be made easy.
Ml. Renault, after dealing somewhat lightly with the exact wording of the
Treaty of 184^, devotes a great part of his opinions to arguments based partly
22

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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' [‎42v] (95/610), British Library: India Office Records and Private Papers, IOR/R/15/1/405, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023528762.0x000060> [accessed 29 March 2024]

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