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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [127v] (261/778)
The record is made up of 1 volume (385 folios). It was created in 1903-1906. It was written in English. 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.
12 —
Whereas since the restriction which the term u prot6g6” underwent in
virtue of the legislation of the Ottoman Porte of 1863, 1865 and 1869,
especially of the Ottoman law of 23 Sefer 1280 (August 1863) implicitly
accepted by the Powers who enjoy the rights of capitulations, and since
the Treaty concluded between France and Morocco in 1863, to which a great
number of other Powers have acceded and which received the sanction of the
Convention of Madrid of July 30, 1880, the term a proteg6” embraces in
relation to States of capitulations only the following classes 1°. persons being
subjects of a country which is under the protectorate of the Power whose
protection they claim, 2o. individuals corresponding to the classes enumerated
in the treaties with Morocco of 1863 and 1880 and in the Ottoman law of 1863,
3°. persons, who under a special treaty have been recognized as “proteges”
like those enumerated by article 4 of the French Muscat Convention of
1844 and 4°. those individuals who can establish that they had
been considered and treated as “proteges” by the Power in question
before the year in which the creation of new “proteges” was regulated
and limited, that is to say before the year 1863 , these individuals not
having lost the status they had once legitimately acquired,
Whereas that, although the Powers have expressis verbis resigned
the exercise of the pretended right to create “prot6g6s” in unlimited
number only in relation to Turkey and Morocco, nevertheless the exercise
of this pretended right has been abandoned also in relation to other
Oriental States, analogy having always been recognized as a mean to
complete the very deficient written regulations of the capitulations as
far as circumstances are analogous,
Whereas on the other hand the concession de facto made by
Turkey, that the status of “proteges” be transmitted to the descendants
of persons, who in 1863 had enjoyed the protection of a Christian
Power, cannot be extended by analogy to Muscat, where the circum
stances are entirely dissimilar, the “proteges” of the Christian Powers
in Turkey being of race, nationality and religion different from their
Ottoman rulers, whilst the inhabitants of Sur and other Muscat people
who might apply for French flags, are in all these respects entirely
in the same condition as the other subjects of the Sultan of Muscat,
Whereas the dispositions of article 4 of the French-Muscat Treaty
of 1844 apply only to persons who are bona fide in the service of
Jrench subjects, but not to persons who ask for ships-papers for the
purpose of doing any commercial business,
Whereas the fact of having granted before the ratification of the
Brussels Act on January 2 1892 authorizations to fly the French flag
to native vessels not satisfying the conditions prescribed by article 32 of
About this item
- Content
The volume discusses a dispute between the British and French Government’s over the use of French flags on Muscat dhows and individuals dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners from Muscat claiming to be protégés of France owing to their vessels being registered as French.
The two governments agreed in October 1904 for the dispute to be taken to the Permanent Court of Arbitration at The Hague, and the award, which was approved by the British Government in September 1905, was concluded primarily in favour of the British Government’s position. The complete award in English and French can be found at folios 135-141.The papers include reports and discussions on other matters linked to the arbitration case including the limits of Oman territory; the question of ownership of Gwadar; and the legal status and nationality of the Khoja peoples residing within Muscat and Oman. The principal correspondents in the volume include the Secretary of State for Foreign Affairs (Henry Charles Keith Petty-Fitzmaurice, 5th Marquess of Lansdowne); the Secretary of State for India (William St John Fremantle Brodrick, 1st Earl of Middleton); the Secretary to the Government of India in the Foreign Department (Louis William Dane); the Viceroy of India (George Nathaniel Curxon, 1st Marquess Curzon of Kedleston); the 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. and Consul at Muscat (William George Grey); the French Consul at Muscat (Lucien-Ernest-Roger Laronce); the French Ambassador to the United Kingdom (Paul Cambon); and representatives of the Foreign Office and the 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. .
The volume is part 1 of 3. Each part includes a divider which gives the subject and part numbers, year the subject file was opened, subject heading, and list of correspondence references contained in that part by year. This is placed at the back of the correspondence.
- Extent and format
- 1 volume (385 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the volume.
The subject 733 (Muscat Arbitration) consists of 3 volumes, IOR/L/PS/10/25-27. The volumes are divided into 6 parts with parts 1 and 2 comprising one volume each, and parts 4, 5, and 6, comprising the third volume.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the back cover with 386; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence, which is also circled, has been superseded and therefore crossed out.
Condition: The spine has become detached from the volume and has been placed in a polyester sleeve at the back of the volume as folio 395. The sleeve may result in some loss of sharpness in the digitised image.
- Written in
- English in Latin script View the complete information for this record
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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [127v] (261/778), British Library: India Office Records and Private Papers, IOR/L/PS/10/25, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100026193160.0x00003e> [accessed 5 April 2025]
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Copyright: How to use this content
- Reference
- IOR/L/PS/10/25
- Title
- 'P. 1 733/1904. Muscat Arbitration. (1904-08).'
- Pages
- 14r:14v, 32v:33v, 107r:114v, 122r:134v, 136r:141v, 167v, 171r:171v, 173r, 174r:174v, 194v, 310v
- Author
- Unknown translator
- Usage terms
- The copyright status is unknown. Please contact [email protected] with any information you have regarding this item.