'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎29r] (66/208)

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For instance, a Frenchman duly naturalized in
the United States may, nevertheless, continue to
be a French citizen if he has not satisfied his
obligations under French military law or other
laws. In such a case the United States, though
always ready and constitutionally bound to afford
the amplest protection to its citizens throughout the
world, recognizes that a Frenchman naturalized
in America under the conditions indicated has no
claim to American protection in France. The
same principle is recognized by the British
Naturalization Act, 1870.
When an origin aire of any State is claimed
as citizen or protege of another, it is juridically
impossible to suppose that the Sovereign is bound
to accept the mere statement of the Agents of the
other Power that the person claimed is its subject.
In an ordinary European State such a claim would,
of course, not have much effect, since the system
of exterritoriality is not there recognized; but
in a State in which exterritoriality, or immunity
from local jurisdiction, is recognized by Treaty or
usage, it is essential, to prevent abuse, that the
person claiming immunity from the local authori
ties, or the ower who claims it for him should
prove that he falls within one of the categories of
privileged persons. To hold otherwise would
be to allow the claiming Power to be its own
judge on controverted questions of fact and law
and of the interpretation of Treaties. In this
Arbitration it devolves on France to lay before the
Arbitrators the grounds on which she seeks to
withdraw from the Sultan those of his subjects
whose names appear on the lists already referred
to, or others of his subjects who, though not on
the lists, may be in consimili casu.
The knowledge of the grounds for granting
francisation or French flags to such vessels
or persons is peculiarly within the reach of
France, and is not accessible to Great Britain
nor to the Sultan of Muscat. It is stated that
•' Memoire," p 13 registers exist at Muscat of all Arab vessels which
h^va been francises and of their owners and
captains. It is known that Hires are granted to
their vessels. The copies of such litres which
have reached His Majesty's Government indicate
that if these titres are properly filled in, abundant
indications will be afforded of the place where
the proprietor is said to reside, where his vessel
was francise, and the like, although, as has been
pointed out in the British Case, pp. 16, 45-47, in