'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'. [‎1v] (2/12)

2
P. 1717/99.
Aitch.
(1933),
Vol. XI,
No. ix,
pp. 303-4.
From. Col.
Rigby, No. 2,
2.1.61.
To Lord
Cowley,
27.6.61.
From Lord
Cowley, 4
and 11.10.61
P. 1717/99.
Lor. I, 447.
" The undersigned . . . being furnished with the necessary powers hereby
declare in consequence that Their said Majesties take reciprocally this engagement."
Its Origin.
8. The Declaration arose out of discussions which liad reference primarily to
the position of Zanzibar. Sultan Saiyid Said, who had ruled over both Muscat
and Zanzibar, died in 1856 lie had been anxious that his elder son, who had
acted as his deputy in Muscat, should succeed to the rulership of Oman, and his
younger son to the rulership of Zanzibar. Serious differences arose between the
sons, as the elder in virtue of his succession to Muscat also claimed feudal
suzerainty over Zanzibar. These difficulties were finally composed by the inter
vention of Lord Canning, then Viceroy of India, who, in an arbitral Award of
2nd April 18G1, decided that Zanzibar should be independent of Muscat and should
pass to the younger son of Saiyid Said, but that it should pay to Muscat an annual
subsidy of 40,000 crowns,
9. As both H.M. Government and France had on the date of the Award
separate treaties with the Sultan of Muscat, it was apparently considered necessary
that France as well as H.M. Government should recognise the separate
independence of the two States. (It is noteworthy, however, that this does not
appear to have been thought necessary in the case of the United States of America,
which had been in treaty relations with Muscat since 1833.) But the immediate
cause of the Anglo-French Declaration of 18(12 appears to have been the erection by
the French of a large barrack at Zanzibar for occupation as a mission house and
hospital. The building could easily be occupied by troops, in which case it would
dominate the town, and H.M. Ambassador in Paris was accordingly instructed to
make enquiries on the subject of the French Government. M. de Thouvenel in
reply gave satisfactory explanations and added that the Emperor of the French
was ready to enter into a reciprocal engagement to guarantee the independence of
the Sultan of Zanzibar. In the light of this intimation the Anglo-French Declaration,
under which both parties recognised the independence of Muscat and of Zanzibar,
was prepared and signed at Paris on 10th March 1802. Despite the paramount
importance of Indian interests in Muscat, no prior reference was made to the
Government of India, who first learnt that the Declaration had been concluded
in 1871.
British Treaty of Commerce of IQth March 1891.
10. The Treaty of Commerce of 1839 referred to in paragraph 5 above, was
replaced in 1891 by a revised treaty between Great Britain and Muscat (signed on
19th March 1891 and ratified in 1892), which is still in force. Article 4 of the
Treaty of 1891 provides inter alia that each of the High Contracting Parties "shall
allow" the subjects of the other to enter all ports, creeks and rivers with their
vessels and cargoes . . . and ... to hire, purchase and possess houses,
warehouses, shops, stores and lands " in each other's dominions.
Exclusive Agreement of 20th March 1891 between Great Britain and Muscat.
11. The Exclusive Agreement of 20th March 1891 recorded that the Sultan of
Muscat and Oman " does pledge and bind himself, his heirs and successors never
to cede, to sell, to mortgage or otherwise give for occupation, save to the British
Government, the dominions of Muscat and Oman or any of their Dependencies."
This agreement (which may be regarded as being inconsistent with the terms of
the Anglo-French Declaration of 1862) has never been officially communicated to
the French Government by H.M. Government. When it was communicated by
the Sultan to the French Vice-Consul at Muscat in 1899 (see paragraph 31 below)
the Vice-Consul replied in writing that he could not recognise it as it was contrary
to the Declaration of 1862.
Relations of Muscat with France and Great Britain, 1770-1934.
12. Before proceeding to consider the importance in the present connection of
the engagements referred to above, and the interpretation which has been placed
on the Declaration of 1862 in correspondence between the British and the French
Governments, it may be convenient to refer very briefly to the relations of 1'ranee
and of Great Britain with Muscat in the period from about 1770 to the present time.