'File 35/85 III A 10 French Flag Question' [‎88r] (186/610)

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[This Docnment is the Property of His Britannic Majesty's Govenimefii)l088
AJIABIA. J ulv 25.
CONFIDENTIAL. S ection 1.
No. 1.
Mr. Graham to the Marquees of Lansdowne.—(Received July 25.)
(No. 1.)
My Lord, The Hague, July 24, 1905.
I HAVE tlie honour to transmit to your Lordship herewith the text of Supple
mentary Conclusions presented by the French Government to the Muscat Arbitration
Tribunal. These conclusions were communicated to me by the French Agent this
afternoon, and did not reach me till 5*30 p.m.
Your Lordship will observe that the French Government base their action, which
is contrary to the provisions of Article 11 of the " Compromis " of the 13th October,
1904, on the consideration that, whereas the French conclusions were merely a resumi
of contentions already advanced, the British argument was, in reality, a new Counter-
Case, into which fresh facts and arguments had been introduced. France has therefore
found it necessary to enter a reply.
I have ascertained from the Secretary of the Tribunal that the French Supple
mentary Conclusions had not reached him before he closed the Tribunal this afternoon.
They cannot therefore be handed to the Arbitrators until the Court meets to-morrow
morning at 11 a.m.
The unexpected action of the French Government creates a situation which was
not contemplated in my instructions. It is, moreover, impossible for me to ascertain
your Lordship's wishes as to the attitude I should adopt before the Tribunal meets.
The matter appears, however, to be primarily one for the decision of the Tribunal.
In the circumstances, I propose, when the Court meets to-morrow morning, to take
no action until I have ascertained the attitude of the Arbitrators. They may decline
to accept the Supplementary Conclusions. In the event of my being consulted, I
propose to draw attention to the irregularity of the French procedure on this occasion,
to state that I have referred the matter to your Lordship, and to request that the
consideration of the question may be postponed pending the receipt of your instructions.
Should the Court decide to accept the conclusions, I will make a full reservation of the
right of His Majesty's Government to reply, under Article III of the " Compromis "
I have examined, with Mr. Craies' assistance, the French Supplementary Con
clusions as carefully as the short time at our disposal permits. Beyond certain
statements, unsupported by documentary evidence, regarding the alleged grant to
Siiris of Zanzibar flags, they do not appear to contain any fresh points of fact of any
importance, nor are they likely to materially assist the French, or affect the British,
Case. Copy of a Memorandum by Mr. Craies on this subject is herewith annexed.
Moreover, had the French Government requested permission to submit these
Supplementary Conclusions to the Court, it is probable that His Majesty's Government
would not have objected, subject to a full reservation of their right to reply.
I would venture to submit, for your Lordship's consideration, that, subject to such
a reservation, I might be authorized to. agree, if the occasion arises, to the submission
to the Tribunal of the French Supplementary Conclusions, in spite of the belated and
irregular manner in which they have been presented.
I have, &e.
(Signed) EONALD GEAHAM.
Inclosure 1 in No. 1.
Supplementary Conclusions presented by the French Government to the Muscat Arbitration
Tribunal.
[Not printed.]
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