"الملف 35/85 IV A 11 التحكيم الخاص بمراكب الداو الشراعية في مسقط" [و‎‎٤‎١] (٤٩٢/٨٠)

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Fo. 1367f, dated the 26tli June 1906,
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From— M a JOK P. Z^ox. C.I.E^ Po^UjcalJlesi^knt in the Persian Gulf,
To The Secretary to the'^rovornment oC India Foreign Department.
I have the honour, as directed, to record my views upon the present posi
tion in reference to the interpretation of the Maskat Award, as set forth in the
k! mIdU May ,00. letups mar.inaUy cited, from tbe Political
No. 239, dated lath June 1906. Agent at Maskat to my address.
(2). In the communication first quoted Major Grey, who had been directed
to report the net result of 1m negotiations with his colleague, enumerates five
points with regard to which he ai d Monsieur Laronce have found it impossi
ble to come to an agreement. These can be more conveniently considered
under threo heads:—
(1) The legal interpretation of Fort 71, Item 2 of* the Award,—
• Sub Fnclo. (1) in Knclo. in Pro. No 292 in Secret Monsieur Laronce ^ Still
e., October loos, Kos. 244-3 ^1. claims that once it is ad
mitted that a particular Maskati falls within one of the catego
ries authorised under Part l of the Award, then, under 1 art 11.
(a) He is entitled to fly the French Flag over any and every dhow
which he now possesses or may over possess, and is not limited
to the dhow or dhows specilieally mentioned by name in the
revised French list of March 4;th, 1903.
(5) He is entitled to replace any dhows lost or sold.
Point M has already been thoroughly gone into in connection with Major
t Pro.No. 166 to s.«.t e .. r.bra.r, im , s« Groy'sf telegram of 3rd December 1905
182181. to the Foreign Department.
^ On that occasion the Government of India, relying on the reading of the
award as a whole, and by the light of Mr. Ronald Graham s explanatory
t Enclosure In Pro. No. 292 io Secret E, Ocloboc despatch j o£ tUl August 1J0 , ^
1905. Koa. 2.4-321. if an individual s authorisation was origi
nally a general one for all his dhows, then he would retain that general right
under the terms of the award; but that if, on the other hand, the original
authorisations were for individual dhow or dhows by name, then authorisations
for those same dhows only could be claimed under the award. This view was
endorsed by His Majesty's Secretary of State in his telegram, dated 21st Feb
ruary 1906.
Now with reference to the above, it will be seen from the correspondence
that on being asked to produce a copy of the original authorisation tor each
dhow claimed, or to quote the date of first issue, the French Consul has ex
pressed his inability to comply ; nevertheless he cannot dispute the evidence
available in our recorded specimens of " 'litres de Navigat ion w m - i ^ an an s
the presumption that in the past the authorisations issued have in all cases been
r, v • rmdo out for single dhows bv name and
Sub enclosures 8»-ll in Enrlo. in Pro. J\o. 41 m maUC . 0 x> i. f r» -nrk
Sceret E., September 1 9 0D Noi. 5-56. n ot ill a general tomi. JiUt acting HO
doubt on instructions from his Government, Monsieur Laronce claims that the
first authorisation, even though only issued for a single dhow, came wi 11
the right to fly the French flag over all dhows which the owner might ever
possess.
The local officers have done their best no doubt to come to an understand-
O ing generally, but seeing that the views of their respective Governments an
the instructions which they have received on this, point are so divergent i was
not possible that they should be able to settle it themselves. It does not seem
to me that the French view can hold water for a moment, but the reason or
their anxiety to hurry us into accepting it not far to seek. 11 our interpre a
tion is accepted then the number of dhows entitled to sail under i rench colours
will be limited to such cf those mentioned by name in the French list, as t c
inquiries of our representatives on the spot prove to be the sole propcity o^ per
sons recognised by the award, and to have received their authorisations before t e
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