'File 35/85 III A 10 French Flag Question' [‎55v] (121/610)

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" Les Prangais ne ponrront, sous aucun pretexte, ^tre retenus contre leur
volonte dans les Etats du Sultan de Mascate.
" ARTICLE IV.
"Les sujets de Son Altesse le Sultan de Macate qui seraientau service des
Erancais jouiront de la m^rae protection que les Era^ais eux-memes; mais si
les sujets de Son Altesse sont convaincus de quel que crime ou infraction
punissable par la loi, ils seront congedies paries Eranyais au service desquels
ils se trouvent, et livres aux autorites locales."
The Treaty in its terms applies only to Erenchmen (" Era^ais") and their
servants.
By usage the benefit of its provisions has been extended to natives of
Erench Protectorates.
But it is to be observed that subjects of Zanzibar cannot be withdrawn
from the jurisdiction of the Sultan's Courts without his consent, and the mere
recognition by the Erench authorities that such persons are subjects of Erench
Protectorates is for this purpose quite inoperative.
Moreover, such persons, in order to be entitled to the benefit of the Treaty,
must be in fact bond fide subjects of Erench Protectorates, and the circum
stance that they have been inscribed on the Eench Consular Register at Zanzi
bar or Maskat cannot be regarded as sufficient for this purpose. The officers
of the Administration of the Sultanate have, therefore, a right to decline to
recognize ex-territorial privileges to native vessels flying the Erench flag until
satisfied that the owner is a bond fide citizen or protege of Erance (" Eran-
Qais").
In such matters it would be proper fur the officers of the Administration
to be guided by principles similar to those of the Ottoman Nationality Law,
which has been accepted in Turkey by the Eoreign Powers, and may, therefore,
be assumed to contain nothing contrary to the due exercise of the privileges, of
ex -territoriality. The onus prohandi lies, not on the territorial authority, but
on the person claiming the privilege of exemption from its jurisdiction ; and
any person claiming exemption must establish his right to such exemption by
sufficient evidence.
The benefits of the Zanzibar Treaties cannot be extended to persons who
are not hand fide natives of French Protectorates, notwithstanding that they
may at one or other have been allowed the status of Erench proteges without a
sufficiently careful consideration of their right to that status.
I have to request you to communicate a copy of this despatch to the French
Minister for Foreign Affairs.
I am, etc.,
(Signed) SALISBURY.
No. 9.
Sir E. Monson to the Marquess of Salisbury.
Mr L obd , Paris, September 21, 1899.
In pursuance of your Lordship's instructions to that effect, I yesterday
handed to M. Delcasse a note (copy inclosed) in which I transmitted to Bis
Excellency copy of your Lordship's despatch of the 11th instant respecting the
irregularities which have been shown at Zanzibar in the exercise of protection
by foreign Representatives and especially by the Consul of the Erench Re
public