"الملف 35/85 III A 10 مسألة الأعلام الفرنسية" [ظ‎‎٧‎٩] (٦١٠/١٦٩)

M. Geoffray, in claiming the surrender of this person to the French Consuj
at Zanzibar, lays stress upon the fact that the papers originally handed to him at
Mayotte were registered at the French Consulate at Zanzibar as long ago as
1889, and that since that date Salim has made repeated voyages to Madagascar
and elsewhere in vessels owned by him and ostensibly under the protection of
the French flag.
Her Majesty's Government cannot, however, admit that the French Con
sul, by merely registering a subject of Zanzibar as a French-protected person*
is able to withdraw bim from the jurisdiction of the Tribunals of his natural
Sovereign; nor can they assent to the view that he ought to be considered as
having been so withdrawn simply because he sailed in vessels which were
permitted by the French authorities, though with what justification does not
at present appear, to fly the French flag. There is nothing, indeed, to show
that Salim ever had the Sultan of Zanzibar's permission to register either him
self or the ships as being under French iprotection.
M. Geoffray further adduces the conduct of the Zanzibar authorities on the
occasion of the arrest by Mr. Farler last year of Salim's dhow as a proof that
the man's personal status is now beyond controversy.
I have, however, to observe, that on that occasion the question was not
whether Salim was a French-protected person, but whether there were sufficiently
serious reasons for suspecting him to be engaged in the Slave Trade to justify
his arrest and that of the vessel.
The Zanzibar Government decided that there was not sufficient evidence
to authorize such a measure, and the dhow was accordingly set at liberty.
In the case under discussion, however, the proofs were enough to caus e
Salim to be arrested, and it then became necessary to enter upon the question o^
jurisdiction.
I inclose a copy of the judgment pronounced in the case. Tour Excellency
will perceive that Salim-bin-Seif declare that he was a subject of the Sultan
except during the period when he was in command of a dhow belonging to a
man alleged to a French-protected person. But the fact of Salim having taken
such service could not even temporarily divert elsewhere the allegiance which
he owed to the Sultan of Zanzibar.
Her Majesty's Government therefore remain of opinion that Salim is a
subject of Zanzibar, and are unable to find anything in the facts alleged which
in any degree cancels his allegiance to the Government of that country.
I have, etc.,
(Signed) SALISBURY.
No . 5.
The Marquess of Salisbury to Sir A. Eardinge.
Sir, Foreign Office, December 14th, 1898.
The attention of Her Majesty's Government has been called by several
cases which have occurred during recent years to the serious inconvenience
occasioned to the Administration of the Sultanate of Zanzibar by the grant of
French protection to natives who do not appear to be entitled to it, either by
the Treaty between France and Muscat of the 17th November, 1844, which
regulates the relations of France to Zanzibar, or by the other Treaties with
Zanzibar, to the benefit of which France is entitled under the operation of the
most -favoured-nation clause in her own Treaty.
The Treaty between France and Muscat contains the following Articles :—
"Article III. Les Fran^ais auront la faculte d'acheter, de vendre, ou de
prendre a bail des terres, maisons, magasins, dans les Etats de Son Altesse le
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