'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.' [‎75r] (162/208)

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In September 1901, when British Consul at Muscat, I received for execution from the
Calcutta Small Cause Court a Decree against the firm for a considerable amount, and from reports
which reached me at the time of the state of the firm's affairs, I had reason to think that other
similar claims from India were likely to follow. On the 9th January, 1902, following, a Petition
was presented to me by the elder brother, Abdul Rab, asking that his name might be removed
from the Register of British subjects. No application of the sort was received at this time or any
other from Abdul Hussein, but as far as my memory serves me he did present himself with his
brother, when I called for the latter on the 13th January, 1902. On this occasion^ I explained to
Abdul Rab, who offered no explanation of his wish suddenly to divest himself of British nationality,
that while the.British Government did not thrust their protection on people, nevertheless, seeing that
he and his father had always hitherto claimed our protection, before I could take steps to take his
name off the Register, I must ask for six months' notice and a substantial deposit as security for
the satisfaction of any more claims that might come in against him as a British subject. It will
be understood that there were strong grounds for thinking that his only object in desiring to take
Muscat nationality in this sudden way was that it would be easier for him to evade, as an Arab
subject, claims that might come against him from British India.
He did not see his way to deposit any security and went his way, and I heard no more of his
desire to change his nationality. He died a few months later.
In December 1903 a suit was brought against the second brother, Abdul Hussein, in the
Muscat Consular Court, in connection with the title to possess a certain plot of ground. Defendant
was, as usual, summoned to appear, but refused to accept the summons, and a warrant had to be
issued. On hearing of this, Abdul Hussein came to see me of his own accord, and said he had
refused to sign the summons because he bad, since his brother's application of two years before,
considered himself a Muscat subject.
I explained to him that 1 could not accept this explanation ; that his brother had never
completed the requirements for the removal of his name from the Register, and that, in the
circumstances, I could not consider him (Abdul Hussein) as anything else than a British sabject.
He accepted my decision in the suit without further appeal, and I had no dispute of any kind with
His Highness the Sultan on the subject. If I saw him personally within a few days of taking the
above action I should certainly have mentioned the matter to him, and probably did, but I have
no special recollection of doing so, and His Highness certainly never addressed me any official
communication on the subject.
My successor at Muscat, Major Grey, has had considerable dealings with Abdul Hussein in
the Consular Court, and informs me that the Khoja has never suggested any wish on his own
part to change his nationality, and there can be hardly any doubt that his object in endeavouring
to do so on the previous occasion in question was the one which I have suggested.
(Signed) P. Z. COX, Major,
Acting British Consul- General at Bashire.
Muscat, March 17, 1905.
APPENDIX 12.
(No. 1.)
Letter from the French Vice-Consul to His Highness the Sultan, dated March 25, 1905.
(After compliments.)
IN accordance with orders received from the Great French Government, I have the honour
to present to your Highness a list of the boat-owners who are under French protection, the pre
sentation of which list to you has been agreed upon by the two Great Governments of France
and England.
May you ever be preserved, and Salaam.
(Signed) JEAN BEGUIN-BILLECOCQ,
Reply, dated 18^A Moharram {same day)^
(After compliments.)
I have been honoured by the receipt of your letter, and have understood its contents. It is
not possible for me to accept the list of names which you have sent me, as the persons mentioned
therein are my subjects, and I do not admit your claim to regard them as being under French
protection, as I have never given permission for that. Moreover, your Honour knows that this
question is at present under discussion at The Hague, and that the Great English Government is
my Representative in that Court, so that the matter is connected with them and depends upon
them, and Salaam.
(Signed) F AIS AL-BIN-T URKI,