"التحكيم في قضية مراكب الداو الشراعية في مسقط. محكمة التحكيم الدائمة في لاهاي. السماح برفع الأعلام الفرنسية على مراكب الداو الشراعية في مسقط. القضية بالنيابة عن الحكومة البريطانية". [ظ‎‎٣‎٢] (٢٠٨/٧٣)

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but its articles do not contain any express
provision as to French vessels in territorial waters,
or excluding the right of police by the Sultan, and
do not give any colour to any theory of exemption
from visit. Such an exemption would be incon
sistent with the right to enforce the Revenue,
Customs, and quarantine laws of Oman, for which
purposes it is essential to board and examine
vessels entering at Oman ports ; and it can hardly
be regarded as a necessary part of a Treaty to
facilitate commerce that smuggling by the ships
of a foreign State or disregard of quarantine
should be made easy.
M. Renault, after dealing somewhat lightly
with the exact wording of the Treaty of 1844,
devotes a great part of his opinions to arguments
based partly on views of French national policy
or the manifest intention (" esprit manifeste")
of the Treaty, but mainly on allegations of
established usage, which, in his view, interpret
or supplement the Treaty in a manner harmoni
zing with the French contentions. The state
ments of facts and the diplomatic documents to
which he refers relate wholly and solely to
Zanzibar, and not a single fact is stated with
reference to the express or tacit admission in
Oman of the existence in favour of France of
the exclusive right of surveillance over French
vessels in Oman waters.
The French Treaty of 1844 applied to Oman
and Zanzibar as a single State for twelve years,
until the separation of the two territories into
distinct States in 1856. Thenceforth it was
recognized by the Sovereigns of the two States
as applying to each State separately. Nothing
that happened between France and Zanzibar
between 1856 and 1905 can be construed as
binding the Sultan of Muscat either as matter of
usage, concession, or interpretation of the Treaty.
The earlier Colonies in the Indian Ocean pos
sessed by France were near Zanzibar and far
from Muscat, and France had so little concern
with Oman that it was not until 1894 that she
installed a Vice-Consul there, or instituted any
Court in which any person claiming to be her
protege could be dealt with j udicially. Nor is there
any trace in the French " Memoire " or " Contre-
Memoire " of any grant of French flags to Muscat
vessels before 1891, or of any exercise by France
of rights of police in Oman waters before that date.
It is unnecessary to deal in detail with the