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'File 59/15 B (A 14) Muscat: slave trade under cover of French flag' [128r] (198/310)
The record is made up of 1 volume (163 folios). It was created in 2 Jan 1902-21 Mar 1904. It was written in English 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.
ro
V> -
t Acquisition of property in Maskat by foreigners.
ACQUISITION OP PROPEBTY IN MASKAT BY FOBEIGNEBS.
No. 1755-E.A., dated Simla, the 28th August 1902.
From—The Under-Secretary to the Government of India in the Foreign
Department,
To— M ajor P. Z. Cox, C.I.E,,
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.
at Maskat.
When you were in Simla last month, you enquired whether any objection
could be raised to the issue of an order by the Sultan to the effect that the
acquisition of property in Maskat by foreign subjects will not be recognised
unless it is registered by the Sultan (or by the officer deputed by him) before
the transfer of the property takes place. You observed that, if such an order
were issued, the Sultan would know beforehand when the transfer of any sacred
or religious property was contemplated, and might take steps accordingly, e.g,
in the case of foreclosure on a mortgage he could pay off the mort^a^e him
self, if he so desired.
You also enquired whether, with a view to prevent the sale by British
Indian traders of houses or other property to French or Russian purchasers, it
would be possible for you, as British Consul, to issue an order to the effect that
sales of immoveable property in Maskat by British subjects will not be recog
nised unless registered in the British Consular Court before the actual transfer.
2. In reply to your enquiries, I am directed to convey the following
instructions:—
With respect to the first proposal, it is clear that Article 5 of the Treaty
of 1891 with Maskat does not supersede the ordinary rule of private
international law, under which transfer of immoveable property is
governed by the lex loci. It merely permits British subjects to
acquire or alienate property by any mode legally open to the Sul
tan's subjects. There is no objection to the issue by the Sultan of
a law requiring registration for the purpose of giving him notice of
the contemplated acquisition of property by foreigners. It is not,
however, clear from the terms of your reference whether the precise
effect of the proposed order has been properly understood. It is
not known what the local law in Maskat as to the alienation of
wahf property may be; but, assuming it to be the same as in India,
the issue of the proposed order would not, it is considered, enable
the money-lender to sell up any such property which is not alien
able at present. On the other hand, if the local law permits the
alienation of wakf property, and if the Sultan sees a pious duty in
saving such property from passing to others than Muhammadans,
the issue of the proposed order will no doubt give him an oppor
tunity of performing that duty.
3. As regards the second question, it is not clear by what authority a dis
pute between a British subject on the one part and a French or Jiussian subject
on the other is decided. By Article 13 of the Treaty of 1891, the Sultan has
divested himself of jurisdiction; but by Article 6 of the
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
, dated
the 4th November 1867, His Britannic Majesty's Consul is invested with
jurisdiction only in disputes arising between British subjects. If the idea is
simply to de6ne the limits of diplomatic redress, there is no objection to your
declaring that you will not exert yourself in the case of any transfer to any
subject of any other Christian State, unless such transfer has, previously to its
completion, been notified to you.
Furthermore, under Article 1 of the same Order, you might frame a rule
for the peace, order and good government of His Majesty's subjects, prohibiting
563 F. D .-S E—C3-64— Sept.
About this item
- Content
The volume comprises correspondence and other papers relating to competing British and French interests in Muscat and Oman at the beginning of the twentieth century. The principal point of contention between British officials, represented by Percy Cox (Muscat 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. 1899-1903), was the use of the French flag by Omani vessels, permitted by the French Vice-Consul to Muscat, and regarded by the British as being exploited by the region's slave traders as a means of avoiding interference by British ships.
Items of note include a letter from Cox to the 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. (Charles Kemball), dated 2 January 1902, discussing relations since 1891 between the Sultan of Muscat and British and French officials, the abuse of the French flag in the town, and the need for diplomatic negotiations between Britain, France and the Sultan to resolve the situation (folios 1F-37). Enclosed with Cox's letter is an eyewitness account (from a British Indian subject residing in Soor [Sur]) of slave trading activity in the town during 1901 (folios 31-35). The file also includes a letter from Cox to his French counterpart (Roger Laronce), dated February 1902, explaining that the Sultan protests at what he describes as the French Government's claims to exercise jurisdiction in Muscat territory over Omani subjects (folios 70-71), and Laronce's reply (folion 73); and a report of a tour of the Muscat coast aboard HMS "Amphritite" by Cox (folios 120-22) and Charles Windham, the "Amphritites's" captain (folios 147-49).
Reference is made in a number of pieces of correspondence to a confrontation between Arab slave traders and the Portuguese in Mozambique on 18 March 1902 (folios 117-118, and 140-141). In May 1903 Cox writes to the 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. , informing him that he has received information from the British Vice-Consul at Mozambique, of around 100 inhabitants of Muscat and Sur being captured and killed in the confrontation (folios 178-180). Cox uses this incident to repeat his recommendation that a British Agent be installed at Sur (folios 145b-145d). Arrangements are also made to loan the Sultan of Muscat funds to enable him to buy his own steamer (folios 123-127), which Cox hopes will encourage the Sultan to take responsibility for his coast, and in particular Sur (folios 135-138). A blueprint of the steamer acquired for the Sultan is included in the file (foldout plan, folio 169).
- Extent and format
- 1 volume (163 folios)
- Arrangement
The papers contained in the volume have been arranged in rough chronological order, from the earliest piece at the front of the volume to the latest at the end.
There are two indexes at the front of the volume. The first (found on folio 1A) includes a list of subjects with folio numbers. The second is titled an 'Index of references' (folios 1D-1E), and includes descriptions of correspondence with folio numbers.
- Physical characteristics
Foliation: The volume is foliated from the front cover to last page, using a combination of two numbering systems. The first foliation system uses blue or red pencil numbers in the top-right of recto The front of a sheet of paper or leaf, often abbreviated to 'r'. and top-left of verso The back of a sheet of paper or leaf, often abbreviated to 'v'. pages. This foliation system is the original foliation system, and is used in the references index pages (folios 1D-1E). This foliation is used on all pages with text, both recto The front of a sheet of paper or leaf, often abbreviated to 'r'. and verso The back of a sheet of paper or leaf, often abbreviated to 'v'. . The second, more recent foliation system uses circled pencil numbers in the top-right corner of recto The front of a sheet of paper or leaf, often abbreviated to 'r'. pages only, and is intended to fill the gaps left by the earlier foliation system. Foliation anomalies: 1A, 1B, 1C, 1D, 1E, 1F, 145A, 145B, 146C, 145D. Foldout item on folio 169.
- Written in
- English and French in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/1/552
- Title
- 'File 59/15 B (A 14) Muscat: slave trade under cover of French flag'
- Pages
- front, back, spine , edge, head, tail, front-i, 1ar:1fv, 3r:3v, 5r:5v, 7r:7v, 9r:9v, 11r:11v, 13r:13v, 15r:15v, 17r:17v, 19r:19v, 21r:21v, 23r:23v, 25r:25v, 27r:27v, 29r:29v, 31r:31v, 33r:33v, 35r:36v, 38r:39v, 41r:41v, 43r:43v, 45r:45v, 47r:50v, 51v:54v, 56r:58v, 60r:60v, 61v:65v, 67r:70v, 72r:72v, 73v:78v, 80v:92v, 94r:103v, 105r:108v, 110r:110v, 112r:112v, 114r:114v, 116r:117v, 119r:120v, 122r:124v, 126r:126v, 128r:128v, 130r:130v, 132r:132v, 134r:135v, 137r:137v, 139r:139v, 142r:142v, 144r:144v, 145ar:145bv, 145dr:145dv, 146r:147v, 149r:150v, 152r:157v, 159r:186v, 188r:191v, 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