'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.' [‎47r] (102/208)

55
The Treaty in its terms applies only to Frenchmen («Finals") and their servants.
if a Y r0 V- l0n8 been extended t0 natives of French Protectorates,
nf+]! 1+ ' n 0 + Tu i 1 ? sub J ects of Zanzibar cannot be withdrawn from the iurisdiction
o the bultan s Courts without his consent, and the mere recognition by the French authorities
that such persons are subjects of French Protectorates is for this purpose quite inoperative
Moreover, such persons, m order to be entitled to the benefit of the Treaty, mnst be in fact
subjects of I rench Protectorates, and the circumstance that they have been inscribed
n e Fiench Consular Register at Zanzibar or Muscat cannot be regarded as sufficient for this
puiyose. The officers of the Administration of the Sultanate have, therefore, a right to decline to
rw^^r/Lr^'v P riVlle ^ s * 0 vessels flying the French flag Antil satisfied thatthe
ownei is a bond fide citizen or prot^g^ of France (« Fran9ais ").
In such matters it would be proper for the officers of the Administration to be sruided bv
bvthi'fes P those o fthe Ottoman Nationality Law, which has been accepted fn Turkey
by the foreign Powers, and may, therefore, be assumed to contain nothing contrary to the due
exermse of the privileges of ex-territoriality. The onm lies, not on tL territorial
authonty, but on the person claiming the privilege of exemption from its jurisdiction ■ and an v
person claimmg exemption must establish his right to such exemption by sufficient evidence
he benefits of the Zanzibar Treaties cannot be extended to persons who are not Me
natives of French Protectorates, notwithstanding that they may at one or other have been
thitTtetus 6 of Fl " eIlcl1 prot^g^s without a sufficiently careful consideration of their right to
Forei^rAffairs!' eqUeSt ^ t0 commuDicate a c0 Py of thi s despatch to the French Minister for
T am, &c.
(Signed) SALISBURY.
No. 9.
Sir E. Monson to the Marquess of Salisbury.
" tt S ^ v f t j i • j • Paris, September 21, 1899.
IN pursuance of your Lordship s instructions to that effect, I yesterday handed to M. Delcasse
a note (copy mclosed) m which I transmitted to his Excellency copy of your Lordship's
despatch of the 11th mstant respecting the irregularities which have been shown at
^Frencl^Republic 0186 0 pr0 ? forei S n Representatives and especially by the Consul of
bis F I v^i ained j n - Sen ^ t 6 ?™ 8 t0 ,f purport of your Lordship's despatch; and
best attentioif 0 Ve would at once have a French translation made and give it his
I have, &c.
(Signed) EDMUND MONSON.
No. 10.
Mr. Cave to the Marquess of Salisbury.
My Lord . t , , , Zanzibar, October 5, 1899.
17+h A + i + nonour to acknowledge the receipt of your Lordship's despatch of the
f/jf Au f oa }l m S for ^formation which 1 may be able to give in regard to the
statements made by the trench Ambassador in London respecting the case of Salim-bin-Seif.
is at p U A t0 V th youl ' Lordshi P' s instructions by this mail, as Salim
in J. h p 8ent 111 e , m j ) . a ' a ,^ d ? ome of Cambon's statements cannot be verified without a reference
to the person most directly interested. Salim was released from prison on the 16th June last,
and at once applied for and obtained employment under the Zanzibar Government. He still
PonSrlTll + e -/ a sub J ect . 0 { Hls Highness the Sultan, and it is hardly probable, unless
0ll r P res ®" re 18 brought to bear upon him, that he will risk the loss of his
nnprisonment Pa 0Q Verj slender chance of obtaining compensation for wrongful
I have, &c.
(Signed) BASIL S. CAVE.
No. 11.
Mr. Cave to the Marquess of Salisbury.
My Lord, Zanzibar, November 2, 1899.
w honour to transmit herewith, with reference to my despatch No. 174 of the 5th
ultimo and to my telegram of to-day's date respecting the case of Salim-bin-Seif, copy of a
[733
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