'File 35/85 III A 10 French Flag Question' [‎99r] (208/610)

o
[T his Document is the Property of His Britannic M a jesty's Government.] (] 0099
[July 26.]
S ection 1.
No. 1.
Mr. Graham to the Marquess of Lansdowne. — (Received July 26.)
(No. 2.)
My Lord, The Hague, July 25, 1905.
I HAVE the honour to report, with reference to my despatch No. 1 of yesterday,
tfeat the first meeting of the Muscat Arbitration Tribunal took place at 11 o'clock
this morning.
Besides the three Arbitrators, Messrs. Lammasch, Savornin Lohman, and Chief
Justice Euller, and the British and Prench Delegates, there were present His Majesty's
Minister, Sir H. Howard, and nearly all the other Diplomatic Representatives at The
Hague, who constitute the Permanent Administrative Cbuncil of the Court of
Arbitration.
M. Lammasch, as President of the Tribunal, opened the proceedings in a brief
speech. He referred eloquently to the progress of the idea of arbitration for the
settlement of international difficulties, expressed his appreciation of the honour done
to himself and to his colleagues by their selection as Arbitrators on the present
occasion, and welcomed the British and Prench Delegates. He then declared the
Court open.
A recital followed of the names of the Secretaries appointed to the Tribunal,
Messrs. Huyssenaers (the Secretary-General), Hoell, and d'Hauteville, and of the
British and Prench Delegates.
M. Euyssenaers then rose and referred to the Prench Supplementary Conclusions
which had been received by the Court this morning, and on which I had the honour
to report to your Lordship yesterday. It appears that the Prench Agent, finding the
Court shut yesterday afternoon, had forwarded copies of these Conclusions direct to
the three Arbitrators, an irregular proceeding, as all such communications should
have been made through the Secretary-General.
The President inquired whether the British or French Agent had any observations
to make as to the submission of the Supplementary Conclusions to the Tribunal and
whether there was any objection to their being accepted.
I had prepared a brief statement on the lines indicated in my despatch of
yesterday, which I proceeded to read to the Court. I urged that, in view of the
unexpected nature of the action taken by the Prench Government, I should be given
an opportunity of consulting your Lordship before the Tribunal arrived at any
decision in the matter. I trust that the terms of this statement, copy of which is
inclosed, will meet with your Lordship's approval. It seemed desirable to draw
attention, in a friendly manner, to the irregularity of the Prench proceeding and to
meet the objections to the form of the British Argument, which they adduced as the
reason of their unexpected action.
The Arbitrators retired to deliberate. After an absence of 20 minutes they
returned, and their decision, copy of which is annexed, was read out by the Secretary.
It was to the effect that, in view of Articles XLII and XLIII of The Hague
Convention, the Court has decided to accept the Prench Supplementary Conclusions,
but reserved to His Majesty's Government the right to reply either before or on the
1st August next.
M. Lammasch then referred to the question of the language to be used before
and by the Tribunal. He stated that the Court had decided that Prench and English
might be used concurrently during the sittings, as had been already agreed, but
that the proces-verhaux and sentence would be drawn up in the Prench language,
with an official English translation. I inclose copy of this decision.
At about midday the President declared the Court adjourned to Tuesday next, the
1st August, at 11 a.m.
Copies of the proces-verhaux of the meeting will be forwarded to your Lordship
as soon as they reach me.
[2068 cc—1]
ARABIA.
(M uscat.)
CONPIDENTIAL.