'Muscat. Question whether a naval station could be established for use by His Majesty's ships at Khor Quwai or elsewhere in Muscat territory compatibly with the existing international agreements of His Majesty's Government'. [‎5r] (9/12)

(!)
9
which could be construed to be derogatory to the independence of the Tmain or
to establish any French right to the littoral. . . Lord Salisbury undertook to
examine this suggestion further with the 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. , within whose jurisdiction the
matter fell.
35. On the 27th February 1899 M. Cambon again called on the Foreign F( ^ to 10.,
Secretary and " said that the French Government accepted our reading of the p 7 '^ 2 ^^
Treaty of 1862, that neither State might accept any cession or lease of Muscat
territory, and that they no longer pressed the proposal that they should keep the
grant of Bunder Gisseh under formal assurances excluding the idea of territorial
right. His Excellency maintained, however, that it was necessary for his Govern
ment to be able to procure coal in these waters and they accordingly proposed to
establish a coal depot on exactly th,e same terms as our own, that is to say, on
sufferance. But he requested that the British Agent at Muscat might be informed
that this had been done with the assent of Her Majesty's Government, as otherwise
the Imam might object to the arrangement. ..."
Settlement of Bunder Gisseh Incident.
36. After lengthy further discussion between the French Government and i.o. to F.O.,
H.M. Government and examination of alternative sites, the matter was finally 21.4.99,
settled in July 1900 by the grant to France by H.M. Government" (after reference
to the Sultan) of one-half of the area which they had hitherto themselves enjoyed g u i tan
for coaling purposes in the Makalla cove in Muscat harbour. The conditions 20.3.99,
of the grant were that the area in question should be held on precisely the same 8.6.99.
conditions as the British area, i.e. that no political or territorial rights of any
kind should be involved and no right given to fly the national flag or to erect
fortifications. H.M. Government successfully insisted on having a determining
voice in the question of the site to be granted to France, the argument that they
were entitled to ensure that that site was in no way superior to the site held by F-O. Desp.
Great Britain, since "France, under the Treaty of 1862, had no right to any ^^3^'
privilege which England had not a right also to possess," being employed in the 7.10.99,
course of the discussions. P. 2371/99.
37. The main points which emerge from the incident are:—
(a) While the acquisition of a lease of land by a private individual for use
as a coaling station would not constitute a violation of the Declaration
of 1862 and would be permissible under the French Commercial
Treaties of 1844 and the British Commercial Treaty of 1891, acceptance
of a lease or cession of Muscat territory by either Government would be
an infraction of the terms of the Declaration.
(h) H.M. Government based their representations to the Sultan on his
violation of the Exclusive Agreement of 1891.
Vis-a-vis the French, on the other hand, and in Parliament,
H.M. Government took their stand on the Declaration of 1862, the
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. , while emphasising that the Agreement of 1891 " conferred
exceptional rights upon the British Government ", agreeing with the
Foreign Office that it was impossible to found any argument on that [ q. to F.O.,
"to which France was not a party." That Agreement has never been 2.5.99,
officially communicated by H.M. Government to the French Government, p - 1949/99.
and the French Vice-Consul declined to recognise it when it was
officially communicated to him by the Sultan on the ground that it
contravened the Declaration of 1862. On the other hand, H.M. Govern
ment in dealing with the French made some play (c/. paragraph 34
above) with their special treaty relations with the Sultan, and recorded
their financial assistance to him and the fact that he had undertaken
not to alienate his territory.
^c) H.M. Government felt unable to resist a French claim for precisely equal
treatment; but were able to require that the area attributed to the
French should be attributed on conditions identical with those on which
the British area was held, viz. that no political or territorial rights were
acquired in it and that the national flag should not be flown or defences
erected.