'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎45v] (99/208)

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Selim-bin-Seif et son Equipage, ainsi que les deux boutres saisis, soient remis a notre Agent a
Zanzibar, a qui il appartient de proceder aux mesures d'instruction requises, et de renvoyer, le
cas echeant, les prevenus devant I'autorite fran^aise competente.
Veuillez, &c.
(Sigue) GEOFFRAY,
No. 4.
J he Marquess of Salisbury to Baron de Courcel.
Your Excellency, Foreign Ojffice^ 'November 12, 1898.
I HAVE the honour to acknowledge the receipt of M, Geoftray's note of the 16th ultimo
respecting the case of Salim-bin-Seif.
M. Geoffray, in claiming the surrender of this person to the French Consul at Zanzibar, lays
stress upon the fact that the papers originally handed to him at Mayotte were registered at the
French Consulate at Zanzibar as long ago as 1889, and that since that date Salim has made
repeated voyages to Madagascar and elsewhere in vessels owned by him and ostensibly under the
protection of the French flag.
Her Majesty's Government cannot,-however, admit that the French Consul, by merely regis
tering a subject of Zanzibar as a French-protected person, is able to withdraw him from the
jurisdiction of the Tribunals of his natural Sovereign; nor can they assent to the view that he
ought to be considered as having been so withdrawn simply because he sailed in vessels which
were permitted by the French authorities, though with what justification does not at present
appear, to fly the French flag. There is nothing, indeed, to show that Salim ever had the
Sultan of Zanzibar's permission to register either himself or the ships as being under French
protection.
M. Geoffray further adduces the conduct of the Zanzibar authorities on the occasion of the
arrest by Mr. Farler last year of Salim's dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. as a proof that the man's personal status is now
beyond controversy. t
[ have, however, to observe that on that occasion the question was not whether balim
was a French-protected person, but whether there were sufficiently serious reasons for suspecting
him to be engaged in the Slave Trade to justify his arrest and that of the vessel.
The Zanzibar Government decided that there was not sufficient evidence to authorize such a
measure, and the dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. was accordingly set at liberty.
In the case under discussion, however, the proofs were enough to cause Salim to be arrested,
and it then became necessary to enter upon the question of jurisdiction.
1 inclose a copy of the judgment pronounced in the case. Your Excellency will perceive
that Salim-bin-Seif declared that he was a subject of the Sultan except during the period when
he was in command of a dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. belonging to a man alleged to be a French-protected person. But
the fact of Salim having taken such service could not even temporarily divert elsewhere the
allegiance which he owed to the Sultan of Zanzibar.
Her Majesty's Government therefore remain of opinion that Salim is a subject of Zanzibar,
and are unable to find anything in the facts alleged which in any degree cancels his allegiance to
the Government of that country.
I have, &c.
(Signed) SALISBURY.
No. 5.
The Marquess of Salisbury to Sir A. Hardinge.
gj r Foreign Office, December 14, 1898.
' THE attention of Her Majesty's Government has been called by several cases which have
occurred during recent years to the serious inconvenience occasioned to the Administration ot the
Sultanate of Zanzibar by the grant of French protection to natives who do not appear to be
entitled to it, either by the Treaty between France and Muscat of the 17th November, 1844,
which regulates the relations of France to Zanzibar, or by the other Treaties with Zanzibar, to
the benefit of which France is entitled under the operation of the most-favoured-nation clause in
her own Treaty. • a • i
The Treaty between France and Muscat contains the following Articles :— < i -i i
" Article ID. Les Francis auront la faculte d'acheter, de vendre, ou de prendre a bail des
terres, maisons, magasms, dans les liltats de Son Altesse le Sultan de Mascate.^ Nul ne pouna,
sous aucun pretexte, penetrer dans les maisons, magasins, et autres propnetes, possedes ou
occupes par des Fim^ais ou par des personnes au service des FranQais, ni les visiter sans le
consentement de I'occupant, a moins que ce ne soit avec I'intervention du Consul de France.
" Les Fran9ais ne pourront, sous aucun pr^texte, etre retenus contre leur volont6 dans les
Etats du Sultan de Mascate. . ,
" Article IV. Les sujets de Son Altesse le Sultan de Mascate qui seraient au service des
Fran^ais jouiront de la meme protection que les Francjais eux-memes; mais si les sujets de bon