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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [276v] (559/778)
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.
28
entitle the Saltan to invite France immediately to
investigate the circumstances under which her
officials have permitted unqualihed persons to
obtain the semblance of being French citizens
or proteges, and to have the claimants at once
struck off any Consular register on which they
appear, and deprived of any F'rench flags or papers
which they have wrongfully obtained.
It is possible that some confusion may have
been caused on this subject by reference to
diplomatic communities. When diplomatic ex
emption from territorial law is claimed, the declara
tion of the accredited State is in most, if not all,
cases conclusive of the quality of the person, of
which it has the best means of knowledge, and
the only remaining question is whether the
Embassy has been accepted by the State to which
it is accredited.
In the case of a claim by a native of a country
to be a protege of a foreign Power, otherwise than
by virtue of service to a diplomatic officer, the
natural presumption is against such privilege,
and the officers of the protecting State, while
they may be able to say that they have regis
tered the claimant or done acts purporting
to give him protection, must go further, and
show in what quality and under what Treaty or
principle of international law the claim can be
justified. To admit the absolute right of a
foreign State to conclude by its declaration the
question whether anj^ person was, or was not, its
protege, would enable it to transfer to its pro
tection masses of a foreign population residing in
their own country, and to create semi-independent
communities within the borders of a friendly
State. Indeed, this is precisely what has resulted
at Sur from the action of French officials in
Muscat, and constitutes a grave attack upon the
independence of the Sultan of Muscat.
And, even assuming a limited jurisdiction in
the French Consul to decide questions arising
between the captain and crew of an Omani vessel
flying the French flag, this jurisdiction does not
render either captain or crew French proteges so
as to withdraw them from the justice of their
Sovereign in matters not relating to the contract
of sea service. The same rule is applicable as in
the case of a foreign merchant ship in the waters
of any European State. The crew are justiciable
in such State for anything there done (with the
possible exception of the matters arising out of
their contract of sea service , and if one of the
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).' [276v] (559/778), British Library: India Office Records and Private Papers, IOR/L/PS/10/25, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100026193161.0x0000a0> [accessed 4 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
- front, back, spine, edge, head, tail, front-i, 2r:9v, 10br:10bv, 10r:13v, 15r:28v, 30r:32r, 34r:41v, 42v:106v, 115r:121v, 135r:135v, 142r:163v, 165r:167r, 168r:170v, 172r:172v, 173v, 175r:194r, 195r:206v, 207v:218v, 220v:232r, 233r:240v, 243r:247v, 249r:298v, 301r:310r, 311r:312v, 314r:323v, 324v, 326r:327v, 333r:349v, 352r:359v, 367r:368v, 375r:376v, 383r:385v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence