"الملف 35/85 IV A 11 التحكيم الخاص بمراكب الداو الشراعية في مسقط" [ظ‎‎١‎٠‎٣] (٤٩٢/٢٠٢)

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and our own derive as much advantage as possible from a hard-won Award, and
to assure myself that His Majesty's Government while considering the record, are
at the same time as fully informed as possible as to the local aspect and applica
tion of such features of the case as have been the subject of discussion between
themselves and the French Government.
I shall esteem it a favour if the Government of India are pleased to place the
foregoing explanatory observations, together with a copy of the letter enclosed,
before His Majesty's Secretary of State for Foreign Affairs.
No. 454, dated Bushire, the 17th (received 26th) September 1905.
From—M ajor P. z. Cox, C .I .E., Offg Political Resident in the Persian Gulf,
To—S. M F raser, Esq., C.I.E., Secretary to the Government of India, Foreign
Department.
In Foreign Department telegram No 3118-E. B., dated 14th August, I was
directed to submit my views with regard to the Maskat Arbitration Award after
consultation with the Political Agent, Maskat.
In myf telegram of 24th August, I asked permission to delay my final reply
pending receipt of the printed copies of the complete proceedings and their accom
panying despatches.
These documents have now reached me under Foreign Department endorse
ments marginally noted, and I have the honour to submit my views as directed.
Meanwhile, the Government of India have received Major Grey's letters Nos.
407 and 410 and copies of the memoranda of his views and their accompaniments
which he subsequently forwarded to me.
2. The full text of the preamble to the actual terms of the Award presents
the latter in a much more favourable light than did the first telegraphic summa
ries and at all events places it beyond doubt that the Sultan's position is consi
derably benefited by the result of the Arbitration ; and that neither His Highness,
nor we have any reason to regret having committed the issue to the Tribunal.
Apart from the last item of the Award, which is of course most important,
there are three points in the preamble to the Award which seem to me especially
satisfactory—
(1) That the Court have decided that France is bound, in the grant of
her Flag, by the provisions of the Brussels Act, especially Article
32.
(2) That they have decided that it is undeniable that the practice pursued
by the French facilitates traffic in slaves.
(3) That they have given the French Government a very strong hint that
they are morally unjustified in persisting in their reservation of
Article 42 of the Brussels Act.
q. Were the present Ruler a stronger character and his administration more
effective and civilised, and could we hope with any confidence that French
Consuls and the French Colonial Party would be proof against temptation to cir
cumvent them, then the terms of the Award would be all that we could reason
ably want, and'the privilege of inviolability in Maskat waters with which the pro
tected vessels have been endowed, would have been a consideration of minor im
portance.
As things are, however, the decision of the Tribunal on this point will, I be
lieve affect the results a good deal, and what past experience teaches me to
fear is that as long as there are ten or dozen flag-holders who can sail into Maskat