'File 35/85 IV A 11 Muscat Dhows Arbitration' [‎110r] (214/492)

entered. He considers that the Sultan would be legitimately aggrieved if he were-
called upon to recognize claims of the very doubtful character of which he is fully
aware, and that the list should properly be reduced to fourteen owners and eighteen
dhows. This serious divergence of opinion with his French colleague would appear
to call for a searching investigation into the evidence for and against the claims
advanced.
Nevertheless, His Majesty's Government, animated by feelings of sincere good-will
towards the French Government, desire to settle this question rather in a spirit of
friendly concession than in accordance with a strict interpretation of the terms of the
Award. Accordingly they are prepared to accept the list of flagholders and dhows
communicated by M. Laronce on the 4th March last, subject to the following con
ditions :—
1. That the French Government are satisfied as to bond fide nature of the claims
advanced in regard to which M. Laronce might be invited to consult the evidence
collected by his British colleague with a view to further revision.
2. That it is clearly understood that the dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. -owners mentioned in the list have
no power of transferring their right, which is personal to themselves, to fly the French
flag on dhows owned either wholly or in part by themselves to any one else whether by
devolution or otherwise, and that the death of any owner on the list will extinguish the
rights which his partners, if any, may have derived from him during his lifetime under
his authority to fly the French flag.
3. That the list of dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. -owners and dhows, when finally settled should, under no
circumstances, be modified.
But as a further concession His Majesty's Government are ready to admit that,
in spite of the terms of the Award, the papers of any dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. named in the list which
may pass out of its present owner's possession while he remains entitled to fly the
French flag may be transferred to another dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. belonging to the same owner, provided
that the total number of dhows named in the list can in no case be increased. They
consider that when the transfer of a flag from one dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. to another is authorized, the
French Consul at Muscat should be required to notify the fact immediately to the
Sultan, and similarly to furnish to His Highness an annual list of flagholders and their
dhows.
They would further suggest, for the favourable consideration of the French
Government, that M. Laronce should be instructed to inform his British colleague, as a
matter of courtesy, of the notifications made to the Saltan on the subject.
There remains a further question in regard to the six dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. -owners in Zanzibar
whom M. Laronce claims as French proteges under the Agreement of the 13th May,
1904 -
It appears, according to the information in possession of His Majesty's Government,
that four of these men are in reality subjects of the Sultan of Muscat, and therefore not
entitled to French protection under the terms of the Award.
His Majesty's Government are, however, not disposed to press for any further
investigation in regard to the validity of this claim, and they are willing to admit that
the Arabs in question may be placed in the same position as the other dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. -owners on
the French Consul's list.
It is hoped that the French Government will appreciate the liberal nature of the
concessions now proposed.
As regards the point raised in Article 4 of M. Laronce's " projet de Il^glement, ,,
relative to the French claim to jurisdiction in Muscat over an Omani accused of having
committed a crime on the high seas while sailing in a dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. flying the French flag. His
Majesty's Government are of opinion that if the Omani in question leaves the ship and
proceeds on shore he comes at once under the jurisdiction of the Sultan and is not
justiciable by the French Consul. On the other hand, the Sultan has no valid ground
of complaint if, without being landed, the man is transhipped for trial at Obokh, or
some other place within French territory; nor would it be reasonable for His Highness
to object if the man were merely landed so as to enable the French Consul to make
arrangements for his being sent for trial before a Court in French territory.
It is suggested that clauses should be added to the proposed Notification to the
effect that any infringement by any of the subjects of the Sultan of the arrangement
now arrived at would be severely punished, and further, that any flag-holders who
may desire to surrender their French papers will be permitted to do so.