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'File 35/85 III A 10 French Flag Question' [110v] (231/610)
The record is made up of 1 volume (290 folios). It was created in 15 Aug 1905-2 Apr 1906. It was written in English, Arabic and French. The original is part of the British Library: 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. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
6
to fly the flag of one of the Signatory Powers shall in future only be granie3
to such native vessels, which shall satisfy all the three following conditions:—
1. Their fitters-out or owners must be either subjects of or persons pro
tected by the Power whose flag they claim to fly,
2. They must furnish proof that they possess real estate situated in the
district of the authority to whom their application is addressed^
or supply a solvent security as a guarantee for any fines to which
they may eventually become liable,
3. Such fitters-out or owners, as well as the captain of the vessel, must
furnish proof that they enjoy a good reputation, and especially
that they have never been condemned for acts of slave trade,
Whereas in default of a definition of the term " protege " in the General Act
of the Brussels Conference this term must be understood in the sense which
corresponds best as well to the elevated aims of the Conference and its Final Act,
as to the piinciples of the law of nations, as they have been expressed in treaties
existing at that time, in internationally recognized legislation and in international
practice.
Whereas the aim of the said article 32 is to admit to navigation in the
seas infested by slave trade only those native vessels which are under the
strictest surveillance of the Signatory Powers; a condition which can only be
secured if the owners, fitter*s-out and crews of such vessels are exclusively
subjected to the, sovereignty and jurisdiction of the State, under whose fla^ thev
are sailing, ^ J
Whereas since the restriction which the term "protege" underwent rn
virtue of the legislation of the Ottoman Porte of 1863, 186=5 and 1860
especially- of the Ottoman law of 23 Sefer 1280 (August 1863) implicitly
accepted by the Powers who enjoy the rights of capitulations, and since
the treaty concluded between France and Morocco in 1863 to which a great
number of other Powers have acceded and which received'the sanction of the
Convention of Madrid of July 30, 1880, the term "protege" embraces in
relation to States of capitulations only the following classes 1 0 . persons beino-
subjects of a country which is under the protectorate of the Power whose
protection they claim, 2 0 . individuals corresponding to the classes enumerated
m the treaties with Morocco of 1863 and 1880 and in the Ottoman law of 186^
3. persons, who under a special treaty have been recognized as (< proteijes "
hke those enumerated by article 4 of the French Muscat Convention of
1044 and 4 . those individuals who can establish that thfey had been considered
and treated as ' proteges " by the Power in question befere the year in which
the creation of new " proteges " was regulated and limited, that is to say before
the year 1863, these individuals not having lost the Status they had once
legitimately acquired, J
Whereas that although the Powers have expressis verbis resigned the exer
cise of the pretended right to create " proteges " in unlimited number only in
relation to Turlcey and Morocco, nevertheless the exercise of this pretended
right has been abandoned also in relation to other Oriental States analogy havin^
always been recognized as a mean to complete the very deficient written regula
tions ot the capitulations as far as circumstances are analogous, •
Whereas on the other hand the concession made by Turkey
thai the staws of proteges " be transmitted to the descendants of oersons. n/o
m 1863 had enjoyed the protection of a Lhnstian Power, carinot'be extended hv
analogy to Muscat, where the circumstances are entirely dissimilar the " nro-
teses of the Christian Powers in Turkey being of race, nationality 'and religion
different from their Ottoman rulers, whilst the inhabitants of Sur and other
Muscat people who might apply for French flags, are in ail these respects en
tirely in the same condition as the other subjects of the Sultan of Muscat,
Whereas the dispositions of article 4 of the French-Muscat Treaty of iSi!
apply only to persons who are bona fide in the service of French subjects but
business" 50 " 5 for ships-papers for the purpose of dcing any commercial
About this item
- Content
Correspondence relating to the Hague Arbitration Tribunal which decided on questions referred to it by Great Britain and France concerning the flying of French flags by dhows in Sur. Before the 2nd January 1892 when the Brussels Conference General Act was ratified France was entitled to authorize vessels belonging to subjects of the Sultan of Muscat to fly the French flag only and be bound by French legislative rules. Includes a list of dhows and dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners flying the French flag as well as printed copies of the material submitted to the tribunal and the 'Award of the Arbitration Tribunal appointed to decide on the question of the grant of the French flag to Muscat dhows'. Letters discuss the desire of the British to increase the authority of the Sultan of Muscat in Sur.
Correspondents include Major William George Grey, Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Muscat; Percy Zachariah Cox, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; Secretary to the Government of India in the Foreign Department; Foreign Office, London; Saiyid Faisal bin Turki [Fayṣal bin Turkī], Sultan of Muscat; Monsieur Laronce, French Consul, Muscat.
- Extent and format
- 1 volume (290 folios)
- Arrangement
The papers are arranged chronologically from the front to the rear of the file. An index to the file is given.
- Physical characteristics
Foliation: the foliation sequence commences at the front cover and terminates at the back cover; these numbers are typed, with additions, clarifications and corrections written in pencil. This sequence can be found in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
- Written in
- English, Arabic and French in Latin and Arabic script View the complete information for this record
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'File 35/85 III A 10 French Flag Question' [110v] (231/610), British Library: India Office Records and Private Papers, IOR/R/15/1/405, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023528763.0x000020> [accessed 1 April 2025]
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Copyright: How to use this content
- Reference
- IOR/R/15/1/405
- Title
- 'File 35/85 III A 10 French Flag Question'
- Pages
- front, back, spine, edge, head, tail, front-i, 1br:1dv, 2r:184v, 185v:190v, 191v:193v, 194v, 195v:219v, 220v:224v, 224ar:224av, 225r:235v, 237r:246v, 246ar:246fv, 247r:251v, 251ar:251av, 252r:256v, 257v:268v, 270v:281v, 282ar:282bv, 283r:290v, i-r:i-v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence