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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
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