publics, Commandants de bâtiments de l'État et tous autres qu'il appartiendra, de laisser sûrement et librement passer le dit navire, sans lui faire ni souffrir qu'il lui soit fait aucun trouble ou empêchement, mais, au contraire, de lui donner toute faveur, secours, ou assistance partout où RENOUVELLEMENT DU TITRE DE NAVIGATION SOUS PAVILLON FRANÇAIS, VALABLE POUR UN AN. (D.) (Provisoire.) Au nom du peuple Français. En vertu des instructions du Gouvernement Français relatives aux navires dénommés boutres, exclusivement affectés à la navigation dans les mers des Indes, Nous (), le Gérant du Consulat de France à Zanzibar, déclarons que le boutre (2) "Fatalkheir," jaugeant 45 tonneaux, inscrit à la Grande Comore sous le No. 14,* appartenant à Salim Mohamed, résidant à Mitsa Mixroute,* commandé par lui-même, signé Ottavi, a le droit de naviguer sous pavillon Français pour faire la navigation (3) dans les mers des Indes, avec la faculté d'avoir un équipage composé d'étrangers. Le présent titre est valable. . . . titre primitif a été délivré à la Grande Comore. En conséquence, le Gouvernement de la République Française prie et requiert tous Souverains, États, amis, et alliés de la France et leurs subordonnés, ordonne à tous fonctionnaires publics, Commandants de bâtiments de l'État, et tous autres qu'il appartiendra, de laisser sûrement et librement passer le dit navire, sans lui faire ni souffrir qu'il lui soit fait aucun trouble ou empêchement, mais, au contraire, de lui donner toute faveur, secours, ou assistance partout où besoin sera. Renouvelé fait à Zanzibar, le 15 Avril, mil huit cent quatre-vingt-dix huit. Prolongation du titre de navigation du boutre "Fatalkheir," M 14, jusqu'à son port d'attache. Zanzibar, le 6 Mars, 1900. [Cachet du Consulat de France à Zanzibar.] Le Chancelier, (Signé) R. LARONCE. (1) Gouverneur ou Consul de France. (3) Nom du navire en Français en en Arabe, longueur et largeur, tonnage, gréement, et signes particuliers propres à le faire reconnaître, lettre signalétique du port d'attache et numéro qu'il doit porter. (3) Indiquer les parages. * The stars are added by me.-P. Z. Cox, Captain, Political Agent, Muscat. [1413] I APPENDIX No. 7. Sir, India Office to Foreign Office.-(Received July 4.) India Office, July 4, 1891. I AM directed by Viscount Cross to forward, for the information of the Marquess of Salisbury, copy of a letter from the Government of India giving information on the subject of proceedings of the French Consul at Aden in giving French papers and the French flag to native vessels belonging to Muscat territory. The action of the French Consul at Aden appears to the Government of India to amount to an assertion of protection over Oman, and they are of opinion that the Government of the French Republic should be requested to put a stop to his proceedings. I am, &c. IT has been reported to us, by the Government of Bombay and by the Political Resident in the Persian Gulf, that French Consular officers at Aden, Obokh, and Zanzibar have, on numerous occasions, given French papers and the French flag to native vessels belonging to Sür and other places within the territory of the Sultan of Muscat. 2. The correspondence which we have received regarding this matter is inclosed, and is enumerated in the accompanying list. We have asked the Bombay Government and the Resident in the Persian Gulf to send immediately any further information which they may receive. The reports concerning the action of the French Consuls at Obokh and Madagascar require verification. There appears, however, to be no doubt of the fact that the French Consul at Aden has given papers and the French flag to the masters of native vessels the owners of which are subjects of the Sultan of Muscat. 3. The action of the French Consul at Aden appears to us to amount to an assertion of protection over Oman, and we are of opinion that the Government of the French Republic should be requested to put a stop to his proceedings. We observe that, as soon as the General Act of the Brussels Conference, 1889-90, comes into force, Article XXXII will operate directly to prohibit the action now brought to notice. In the meantime, however, as it appears to be contrary to international usage, and as there is reason to believe that Oman native vessels take advantage of the authority given to them to fly the French flag, and are, under cover of that flag, engaging in the Slave Trade, we have telegraphed the substance of this despatch to your Lordship. We have, &c. (Signed) LANSDOWNE. F. S. ROBERTS. H. BRACKENBURY. Inclosure No. 2. The Government of Bombay to the Government of India. Bombay Castle, April 9, 1891. IN transmitting a copy of a letter, dated the 15th March, from the Resident at Aden, regarding the issue by the French Consul at Aden to certain native craft of French papers and the French flag, I am directed to observe that the subject seems to this Government one of considerable importance, and the Resident has been requested to collect further facts and to watch the action of the French Consul in similar cases. 2. In the meanwhile I am to solicit an expression of the views of the Governor-General in Council on the point, and to offer the following remarks: It does not appear to be within the power of any nation to extend in time of peace to strangers the special advantages stipulated for in favour of its own subjects, and thus prejudice the rights of third parties. A provisional Francisation" can hardly be given on less stringent terms than those which are required by the Customs Administration in France, of which the following are believed to be the most important, 66 namely, ownership to the extent of at least one-half by Frenchmen, and an equipage of crew of three-fourths French, subject to exceptions in the case of steamers trading to the East. Neither condition appears to have been satisfied in the present case. The flying of the French flag under an insufficient authority may obviously lead to very unpleasant international complications. Jurisdiction might be wrongly assumed or wrongly denied. The flag might be used to cover piracy or the Slave Traffic. The granting of certificates, such as the present, must also tend to weaken the position of England in administering the police of the sea, In view of these and other considerations, I am to request that the matter now reported may receive the early consideration of the Government of India. Inclosure No. 3. Brigadier General Jopp to the Government of Bombay. Aden Residency, March 15, 1891. I HAVE the honour to report, for the information of Government, that it appears that the Acting French Consul here has been granting French flags and papers to native craft in Aden Harbour. I am unable to ascertain if he has any authority for such action, or if such is forbidden under any British law, but apart from the questionable nature of this action, I have to bring to notice how very unadvisable it is that such should be permitted because one, at least, of the vessels was an armed one, and they seem for the most part to belong to Süris who are, but too frequently, lawless characters, and whenever an opportunity arises take part in the Slave Trade, besides committing depredations on the shores of unfrequented places on the African coast. 2. In only one case has a statement been taken from the "Nakhoda" or Commander of one of these vessels, because others to which papers had been, it is believed, granted had left the port. 3. A copy of the statement referred to is inclosed herewith, as also copies of the French papers produced by the Nakhoda. Inclosure No. 4. Statement of Nakhoda Salim-bin-Abdulla. MY name is Salim-bin-Abdulla, and I am owner and Nakhoda of buggalow "Attiath-elBaari." I fly the French flag by permission, and I have my own reasons for doing so, but I do not care to give them. I have flown this flag for some years, but had lost all my papers, so, on return to Aden this year, I went to the French Consul and went through all the forms again. are These forms take some five or six days to complete, and the fees are 45 rupees. In the first instance I paid 45 rupees, and have now had to pay it again. I have declared myself a French subject, although an inhabitant of Sür. My fresh act of naturalization as a French subject is dated the 4th February, 1891. My boat is an armed one for defensive purposes; we carry a gun, twenty muskets, twenty daggers, spears, and swords, and in the "rôle d'équipage" entered as carrying also 25 kilog. of powder and 25 kilog. of cartridges. In that role I am further entered as "No. 4" of Aden, and the names of my crew are set forth-28 in all. On each visit to Aden I take a bill of health and a port clearance from the French Consul. My boat is registered as of 171 tons in my last papers, which are dated the 27th February, 1891. My last port clearance and bill of health from the French Consuls is the 28th February, and I sail to-night, carrying, as my port clearance says, "no cargo and no passengers." On the 24th February, three Nakhodas took French colours, and all of their own accord. All of them have sailed. Taken down before me: Assistant Resident. March 4, 1891. Le Gérant du Vice-Consulat de France à Aden (Arabie) déclare que le Sieur Ali-bin-Rashid, égociant Arabe, domicilié à Soar, a justifié, conformément à la Loi du 27 Vendémiaire, an II, être propriétaire du voilier nommé " Fath-el-Bari," ci-après décrit, qu'il a déclaré vouloir attacher au port d'Aden. Le dit navire, ayant été préalablement mesuré, a été reconnu être de la contenance ci-après :— par le pro desquelles mesures il résulte que le dit navire jauge [sic] officiellement 126 tonneaux. Il a été également constaté que le dit navire a un port, une dunette et deux mâts, qu'il n'est pas douille et qu'il a été construit à Soar en 1889, ainsi qu'il appert des déclarations faites priétaire et le capitaine. [1413] I 2 Le présent acte de Francisation provisoire est délivré par nous, Gérant du Vice-Consulat de France à Aden, au prix de conférer à l'impétrant le droit de faire naviguer le dit navire sous pavillon Français. En conséquence, requérons tous Souverains, États, amis, et alliés de la France et leurs subordonnés, tous fonctionnaires publics, Commandants des bâtiments de l'État, et tous autres qu'il appartiendra, de le laisser sûrement et librement passer avec son dit bâtiment sans lui faire ni souffrir qu'il lui soit fait aucun trouble ni empêchement, mais, au contraire, de lui donner faveur, secours, et assistance partout où besoin sera. Délivré à Aden, le 27 Février, 1891, pour servir pendant un an à dater de ce jour. E. LABOUSEIRI. Inclosure No. 5. (Extract.) Major Talbot to the Government of India. Bushire, April 6, 1891. WITH reference to Colonel Ross' letter, dated the 14th October, 1890, I beg to forward copies of letters from the Political Agent and Consul, Muscat, regarding the use of French colours and papers, as a cover to the importation of slaves, by boats belonging to subjects of His Highness the Sultan of Muscat at Sür and other places on the coast of Oman. 2. The first of these letters shows that the Sultan was prepared in November last to demand an explanation from the chief meu of Sür. and it does not appear why he has now contented himself with obtaining from them a list of thirteen Nakhodas known to have carried French colours. No doubt the caution which, under the Slave Trade instructions, officers in command of Her Majesty's ships are bound to exercise in dealing with dhows flying the French flag may be fairly urged by the Sultan as justifying care on his part also. The length, however, to which the Political Agent states that His Highness is prepared to carry this prudence amounts not only to an abnegation of all authority over his subjects, explainable perhaps by his anxiety to avoid embroiling himself with them, but to a disregard of Treaty obligations which, if established, would demand serious notice. 3. I have asked the Political Agent to endeavour to obtain further information regarding the grant of French colours and papers to Omani boats, for at present there does not seem to be sufficient evidence on which to base any formal reference to the French Government. Still, if these boats do possess French papers-and this is a point which the Sultan should have no difficulty in verifying-it would seem that the assurances of the French Commodore, mentioned in the Naval Commander-in-chief's Slave Trade Report for 1888, that these are now given "d'une manière plus sobre" are not being fulfilled. Inclosure No. 6. Surgeon-Major Jayakar to Colonel Ross. Muscat, November 1, 1890. I HAVE the honour to acknowledge the receipt of your letter of the 14th October, 1890, with the accompanying Report from the Residency Agent, Lingah, of the 20th September, 1890, and the Report of the Residency Agent, Shargah, of the 20th September, 1890, under your endorsement of the 14th October, 1890, on the subject of the importation of slaves into the Persian Gulf ports from the Batinah and Sür. 2. I have the honour to state, in reply, that on making inquiry here I find that, although a general belief is prevalent to the effect that several cargoes of slaves have been imported this year from the East Coast of Africa into the Batinah, no reliable information can be obtained, particularly as the names of the Nakhodas of the vessels in which they were taken up the Gulf are not given in the Reports of your Agents in Lingah and Shargah. I have, however, communicated the purport of the above-mentioned Reports to His Highness the Sultan, with a view to his making inquiries with his Walees in the Batinah, and also to his adopting such measures as may be necessary to prevent such wholesale exportation of slaves from his dominions in future. 3. With regard to Siiri vessels carrying slaves into the Gulf under French colours, they have been notoriously known for the last three or four years to carry on this practice on a wholesale scale, but His Highness the Sultan, at my representation, now promises to take an early opportunity to demand an explanation from the chief men of Sür of the circumstances under which such vessels have come to change their national colours. Inclosure No. 7. Colonel Mockler to Colonel Ross. Muscat, March 8, 1891. I HAVE the honour to request you will kindly give me instructions as to what course of action I should advise and press on the Sultan of Muscat to take with regard to boats belonging to, and manned by, His Highness subjects of Sür or other places on the coast of Oman, carrying the French flag and provided with French papers. 2. I am informed that many or several such boats have, within the last two years, put into Mattrah and Muscat harbours. Thave never myself during the years I have been in Muscat seen a "buggalow" or native boat carrying the French flag, and that young Africans, certainly raw slaves, have been seen on board such craft; and it seems to me that the only object such boats can have in carrying the French flag and papers must be to cover unlawful traffic, viz., slaves—there are no French merchants here, or market for French goods. 3. In this connection I would quote from translation a letter from the Chief of Um-ulKawain, dated 18th Rabia 1st, 1308 (2nd November, 1890), forwarded to me under your docket dated the 9th December, 1890: "The people here think that if they wish to bring slaves they can do so under French colours, like the people of Sür and other places." 4. These French flags and papers are, I am informed, given by French Consular authorities in Madagascar, but under what pretext I do not know. They cannot possibly having no interest in bottoms manned by subjects of the Sultan of Muscat, or even in the cargo of such, which, if they had, would not, I think, establish such right, and that the cargo carried by such boats is French is not plausible, have the right to give flags and papers to them; but it is just possible that some sort of fictitious sale of such bottoms, or a share in them, may be regularly gone through at Madagascar, and such, if it is the case, may perhaps be held to complicate matters. 5. But it is evident that, if the open running of slave cargoes by such craft is to be stopped, I must be prepared to advise the Sultan of Muscat, at any rate, what action he can and ought properly to adopt towards them, and not only when they may come into Muscat harbour, but as to a proper form of notification he should issue to the owners of them, his own subjects at Sür and elsewhere, and also be able to advise the Commanders of Her Majesty's ships of war as to the measures they ought to take when such craft come or are brought within their cognizance and reach. 6. Dr. Jayakar tells me that he talked over this subject with a Commander of one of Her Majesty's vessels on duty here, who appeared to consider that he would be taking a grave responsibility on himself were he to interfere in any way with such craft. 7. By next mail I hope to be able to give you a further report on the subject and His Highness Seyyid Feysal's views regarding it, which he has promised, but have not been yet received, together with details of Sur boats carrying the French flag, of which there are said to be thirteen; but as the question is a fairly clear one, and to save time, I would now ask you for instructions of Government as it stands. 8. There is no French Consul at Muscat. Inclosure No. 8. Colonel Mockler to Colonel Ross. Muscat, March 14, 1891. IN continuation of my letter dated the 8th March, 1891, I have the honour to append a nominal roll of thirteen Nakhodas of Sir boats carrying French colours and papers, furnished to me by His Highness Seyyid Feysal, who, however, stated at the time that there were probably more. 2. I have ascertained that His Highness Seyyid Feysal would not venture to interfere in any way with such boats, or his subjects in them, covered by the French flag and papers, even though such craft were clearly laden with slaves. 3. And since my last report was written, I have had the opportunity of discussing the subject with Captain Dyke, commanding Her Majesty's ship Sphinx," who informs me that he would not venture to meddle with any boats carrying the French flag and papers, and that under what circumstances such papers had been got, or by what right they had been given would not be questions for him to inquire into or entertain. 4. It seems quite true, therefore, that, as the matter stands at present, the people of Um-ul-Kawain have good reason to suppose, as stated in the quotation given in paragraph 3 of my despatch dated the 8th March, 1891, "that if they wish to bring slaves, they can do, so under French colours, like the people of Sür and other places," without fear of interference. 5. And it appears to me that the subject is one to which the attention of the English Foreign Office should be drawn. 6. No one here seems to know the exact conditions under which, and from whom, the French papers under reference are obtained, and I have never seen such papers myself; should further information come into my possession, I should esteem it my duty to make a further report. |