the purpose of preventing his subjects from engaging in the oversea Slave Trade from Africa, and of preventing the import of African slaves into his dominions either in transit to other parts of the world, or for sale in Oman. By these Treaties the Sultan has entered into definite obligations as to the measures to be undertaken within his territories and territorial waters for the suppressing of such trade.

The European Powers have for many years interested themselves in the suppression of the oversea Slave Trade from Africa to Asia, and that trade has ceased to be carried on by Europeans, and so much of it as still remains is carried on by Asiatics or Africans in native craft.

France has for many years refused to permit the exercise by warships of any other Power of any droit de visite on the high seas with regard to ships carrying the French flag. Arabs concerned in the oversea Slave Trade ("traite des noirs") are fully aware of this policy, and have sought to obtain the benefit of the French flag in two ways: (1) by hoisting it without authority; (2) by obtaining licence to hoist it from French

Consuls in the Eastern seas, or from the authorities Appendix No. 4. in French Colonies or Protectorates.

The existence of this abuse of the French flag by Asiatics has been ascertained by the experience of the naval officers engaged in suppressing the oversea Slave Trade, and the attention of the French Government has been from time to time called to the abuse of the French flag by Arab slave-traders.

In 1890 a Conference of the Powers was held at Brussels for the purpose of concerting measures for the complete suppression of the African Slave Trade, and the Conference resulted in the passing of a General Act on the 2nd July, 1890. of the General Act is annexed to this Case.

А сору

The General Act was ratified by France on the 2nd January, 1892, subject to a provisional reservation with a view to a later agreement of Articles 21, 22, 23, and 42 to 61. This partial ratification was coupled with a declaration that Articles 30-41 would be spontaneously applied by the French Government in the territory of Obokh, and, according to necessity, in the Island of Madagascar and the Comoros.

The effect of the partial ratification is to preserve the claim of France to resist any claim to exercise on the high seas the droit de visite or to

At end of
Appendices.

Appendix No. 5.
Appendix No. 36.

Appendix No. 7,
Inclosure 7.

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e

detain vessels under the French flag which are suspected of carrying slaves.

The Sultan of Muscat is not a party to the Brussels Act, but his obligations as to suppression of the Slave Trade are defined by the Treaties already mentioned.

Until the acquisition by France of the Colonies or Protectorates of Obokh and Tajourah, the Comoros and Madagascar, little opportunity or ground arose for the obtaining of French flags and papers by the owners or skippers of Arab dhows; but when it was found that France had not consented to the provisions of the Brussels Act with reference to the search and detention on the high seas of vessels under her flag which were engaged in the Slave Trade, or guilty of the unauthorized use of a flag, and still maintained her objections to the visite of vessels under the French flag, the owners and skippers of native vessels who wished to engage in the Slave Trade, or from any other cause to escape surveillance on the high seas by the war ships of the Signatory Powers, immediately had recourse to French authorities to obtain French flags and papers.

From the conclusion of the Treaty of 1844 until the present time very few French citizens have established themselves in the territories of the Sultan of Muscat, and at the time when the differences to be settled in this arbitration arose there were in Oman very few French citizens outside the Consular establishment, and one citizen of a Christian State not having a Consul at Muscat, who was treated as being under the French Consul, nor were any branches of any French commercial house set up in the Sultan's dominions. Consequently there were very few French citizens to take into their service any subjects of the Sultan.

Notwithstanding the terms of the Treaty of 1844 and the Declaration of 1862, and the provisions of Article XXXII of the Brussels Act of 1890, French officials in the Colonies or tol 19th & Protectorates of Obokh, Madagascar, and the

Comoros have from time to time granted French ships' papers, and flags to subjects of the Sultan of Muscat, and the same course has been taken by the French Consuls at Aden, Muscat, and Zanzibar. Specimens of the titres so granted are included in the Appendix.

The bulk of the Omanis who have thus received

French papers belong to the district of Jalani and
town of Sur, within the territories and subject to
the sovereignty of the Sultan of Muscat. The
seafaring men among this population leave Sur
with their vessels and voyage to India and Africa,
returning at the end of the season and laying up
their ships at Sur. Many of the owners of the
vessels, having grown old and affluent, are content
to send their vessels out under captains, and do

not, themselves, leave Sur. Many of these Suris Appendix No 29.
had been, and some still are, engaged in the over-
sea Slave Trade.

In February 1891 the French Consul at the British port of Aden granted French papers and flags to eight captains or owners who were subjects

of the Sultan of Muscat and resident at Sur. Appendix No. 7
The fact was reported to the British Government,
and remonstrances were addressed to the French
Government, in reply to which M. Ribot, then
French Minister of Foreign Affairs, on the 20th

November, 1891, stated that the grant had been Appendix No. 8.
made in error, and that he would not fail to take
the steps necessary to prevent its recurrence.
This statement, made before the qualified and
partial ratification by France of the Brussels
Act of 1890, was understood by Great Britain to
mean that France would no longer grant to
Omani Arabs the use of French flags, or titres de
navigation.

Notwithstanding this statement, the French Appendix No. 9.
authorities at Obokh in 1892 granted French
papers to dhows whose owners and crews were
Suris, and the French Consul at Aden referred to
the authorities at Obokh dhow owners who
applied to him at Aden for French papers.

The Sultan of Muscat has never admitted that this grant of French flags or papers is warranted by Treaty or usage, nor that the French authorities are entitled to make themselves judges or protectors of any of his subjects who are not actually and bona fide in the service of French subjects in his dominions. He expressed his objections so far back as 1891, and in that year Muhammad-bin-Mubarak-bin-Salim, his Wali at Sur, ordered the skippers to cancel their certificates

and return them to the French, and this order Appendix No. 10. seems in some cases to have been obeyed.

Inclosure 9.

In March 1891 the Sultan furnished the British Appendix No 7,
Government with a list of thirteen captains of
Suri boats carrying French colours.

?

App 7 end 11(p 53

Appendix No. 11.

Appendices

Nos. 9 and 12.

Appendix No. 13.

Appendix No. 9,
Inclosures 4 and 5.

In June 1892 the British Government received information that French papers had been granted at Obokh to five large buggalows, all heavily armed and owned and manned by Suris, and on the 4th June made representations to the French Government with respect to these vessels asking for a searching inquiry. This inquiry was made, and in April 1893 M. Develle, then Minister of Foreign Affairs, stated, as the result, that the owners, patrons, or proprietors had declared that they wished to settle in Jibuti, and had obtained concessions of land. The Minister, though expressing himself satisfied with the result of the inquiry, stated that instructions had been given to take the greatest care in verifying the papers of such vessels and in dealing with offences.

It is further to be noted that the Consuls at Muscat and Zanzibar, notwithstanding M. Ribot's admission of error with respect to Aden, have granted French papers in cases where even the formalities required in French Colonies could not be complied with, and it is particularly to be observed that certain of the titres de navigation emanating from those places omit any statement of the residence and status of the owner of the vessel, and permit the employment of a foreign crew.

Notwithstanding the objections and representations above stated, from 1892 until the present time, the authorities in the French Colonies and Protectorates of Obokh, Madagascar, and Comoro have made a constant practice of granting French flags and ships' papers to subjects of the Sultan of Muscat, natives of and residing in his dominions, chiefly in Sur. The applicants for the flag and papers are neither of French nationality nor naturalization; they have no authority from their Sultan to change their allegiance, and they have no permanent residence or settlement in French territory, but merely pay fleeting visits thereto for the purpose of renewing their licences. Some of them have gone through the form of