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'Memorandum on the Use of the French Flag by Subjects of the Sultan of Maskat' [15v] (4/10)
The record is made up of 1 volume (5 folios). It was created in 1901. 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.
“The proposal that the Sultan should prescribe to his subjects the ex
clusive use of a distinctive Maskat flag was made with the object of avoiding
this position. The usefulness of the proposal does not depend on the Sultan
being able to enforce it. On the contrary, if, after the issue of such orders,
any Maskat subject accepted the French flag, the French authorities would by
its grant have abetted such subject in disobeying the positive orders of his
Sovereign, and Her Majesty’s Government would be in a strong position for
announcing that they would be unable to recognise the validity of the grant.
“ But in order to produce this position, it is necessary that the Sultan
should issue the proposed order before any communication is addressed to the
French Government, on account of the possibility of the French Vice-Consul
being able in any other case to induce His Highness to declare that the flag is
granted with his permission.
“ At the present time, Her Majesty’s Resident at Maskat appears to have
a powerful means to persuade the Sultan to issue the suggested order. His
Highness’s correspondence with the French Vice-Consul shows that he very
strongly resents the French contention, on which the French authorities con
sistently act, that the owner or master of a
dhow
A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean.
under the French flag
becomes a French-protected person, even in Maskat territory. It could he
represented to the Sultan that the right way to prevent his subjects from
passing in ever increased numbers under French protection is to order them
not to take the French flag
In the same despatch was enclosed a Memorandum by the Law Officers of
the Crown, dated the 4th August 1898, in which the opinion was expressed that
" the Arab slave traders, to whom these permits (i.e., to fly the French flag)
are granted, do not become French subjects, and the allegation that they
become French-protected persons is, it would appear, merely colourable. It is
possible that they acquire this character by French law, but in order to validate
the claim to fly the French flag from the point of view of international law, they
should be so in reality. The subject is one on which there is an almost entire
absence of authority, but the claim of the French Government seems to us to
he unsustainable on principle
As a result of the ultimatum the Sultan, while complying with the other
demands pressed upon him, wrote to the French Consul informing him that
“ we do not recognise the right of France to exercise jurisdiction over our
subjects residing in or visiting our dominions whether they are in possession of
French papers or not ”, and that the practice of granting French protection to
his subjects at Sur was contrary to the spirit of the Declaration of 1862. At
the same time he wrote to the heads of the Jenebeh tribe at Sur recommending
them to return their French flags and adopt their original red flag again.
In commenting on this declaration on the part of the Sultan, Her Majesty’s
Government expressed* their opinion that
“ no exception need be taken to the inti
mation made by the Sultan to the French
Consul refusing to recognise the right of
France to exercise jurisdiction over His
Highness’s subjects while residing in or
visiting his dominions, provided that
Article IV+ of the French Treaty with
Maskat of 1846 is not contravened”.
* Secretary of State’s Secret despatch No. 14,
dated the 21st April 1899.
f “ The subjects of the Sultan of Maskat actually
in the service of the French shall enjoy the same
privileges which are granted to the French them
selves ”.
(This is of course not intended to limit the juris
diction of the Sultan over his subjects.)
It would seem, however, that though Her Majesty’s Government were
ready to applaud the Sultan’s determination in refusing to recognise French
protection, the French Government were
June 8 i 899 tarjr ° f State 8 telegralll, dated tbe 24th not equally ready to accept the situation.
For in June} 1899 we find the French
Ambassador complaining that the British Consul at Maskat had disputed the
validity of French protection granted to a Maskat
dhow
A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean.
, and had demanded
from the Sultan that he should enforce the discontinuance of the use of the
French flag by his subjects, promising the assistance of a British man-of-war
About this item
- Content
This file is a memorandum concerning the use of the French flag by dhows belonging to subjects of the Sultan of Maskat [Muscat].
The memorandum is divided up as follows:
- Abstract of correspondence 1891-92;
- 1894-96;
- 1897-99;
- 1900;
- 1901;
- Summary;
- Extent to which French jurisdiction has been claimed and admitted in the past.
- Extent and format
- 1 volume (5 folios)
- Physical characteristics
Foliation: the file's foliation commences at f 14, and terminates at f 18, as it is part of a larger physical volume; 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. An additional foliation sequence is also present in parallel; these numbers are also written in pencil, but are not circled, and can be found in the same position as the main sequence.
- Written in
- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/18/B135
- Title
- 'Memorandum on the Use of the French Flag by Subjects of the Sultan of Maskat'
- Pages
- 14r:18v
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence