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(4) That the alteration in the port marks of destination on the eases took place (was
carried out) during the stay of the S. S. ‘’ Baluchistan " at Port Said on or
about the 6th January 1898, with the intention of misleading as to the true
destination of these eases ; but such alteration did not confer any immunity
on them from seizure in accordance with the above-mentioned permission.
(5) That the arms and ammunition are the very ones mentioned in the original
manifest which is attached to this decision.
Major C. G. F. Fagan, Her Britannic Majesty’s Consul, was present in Court on behalf
of the British Government.
'* I, Feysal bin Turki, Sultan of Maskat, having carefully considered this decision
of my High Court approve of it and agree with it. In witness whereof I have put my signa
ture and seal to it."
FEYSAL bin TURKI bin SAEED.
SAEED bin SULTAN.
The Arms traffic in the Persian Gulf previous to the seizure of the
S. S. Baluchistan ” reviewed, 1898.
38. The following memorandum written by Sir William Lee-Warner and
dated from the India Office on the 3rd June, 1898 is of interest as showing the
trend of events leading up to the seizure of the S. S. “ Baluchistan."
The Trade in Arms in the Persian Gulf.
Persian Prohibitions.—On the 3rd July, 1881, the Persian Government
notified to the British and other Foreign Governments that the trade in arms
and ammunition with Persian ports was prohibited. “ Importers,” writes Colonel
MeadeCon 22nd March, 1898,“ were well aware of this.” The British Minister
observed that we had at all times applied to the Persian authorities to prevent
Afghanistan obtaining munitions of war through Persia, and therefore he had
raised no objection to the prohibition.
Nevertheless, owing to the weakness of the central authority, and to the
sale of the offices of Governor and Customs Collector, the traffic continued, and i
importers made secret arrangements with the local officials to evade the law.
In 1895 the Persian authorities seized a large consignment of arms in Bushire,
and in the following year a special preventive officer was appointed by the Persian
Government to enforce the prohibition against the traffic. On the other hand,
certain British traders, who had landed in 1895 at Bushire some arms from the
S. S. *' Zulu,” alleged to have been overcarried by mistake, appealed to the
British Government against their confiscation by the Persians, and obtained the
restitution of their goods. The consular reports also, year by year, noticed the
increasing trade in arms with Persia in terms which, if they referred to the
prohibition, seemed to treat it as nominal only. In 1897, however, events occurred
which brought to the front the danger to Persia and the Government of India
arising from the neglect to enforce the law, and on the 1st December 1897,
the British Resident at Busnire was informed that the Persian Government had
already authorised the Malik-ut-Tujjar to seize any arms he could find at Bushire
which had been illicitly imported. On the 18th December, . 1897, the Sadr
Azam addressed the British Legation referring to the prohibitive laws and
expressing satisfaction at the prospect of concerted action. The Persian Govern
ment announced its determination to enforce the law rigidly, and caused a com
munication to be made to the Sultan of Maskat inviting his co-operation It
also accepted an offer of the British Government^ to assist it by searching
British- vessels believed to be engaged in the illicit traffic, and by seizing any
arms or ammunition found on them in Persian water which might be on their
way to Persian ports, and be owned by British or Persian subjects. The Sultan
of Maskat readily promised his aid, and extended the prohibition against importa (
tion into Persia or British India to Maskat territory and its waters ; and on the
13th January, 1898, His Highness issued a notification declaring that arms or |
ammunition destined for Persia or British India and found in Maskat waters
would be confiscated. At various dates in December the premises of certain
merchants in Bushire were visited by Persian officers in the presence of British