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49
were on their way from Paris to be transhipped to Aden for Goguyer. Colonel
Kemball had reason to believe that Mubarek had some understanding with
Goguyer, and it seemed useless telling him to confiscate the consignment, while
seizure by us in Koweit harbour, was not permissible. The previous consign­
ment referred to per S S. " Chindwara” was not taken to Koweit, having been
put off again at Maskat before the ship sailed.
Colonel Kemball was informed in reply that he or one of his assistants
should visit Koweit and personally ascertain the facts from Mubarek, warning
him against intrigue with Goguyer and reminding him of his agreement of May
1900 declaring the importation of arms illegal and empowering British ships-of-
war to search vessels in his territorial waters.
Despatch to the Secretary ef State on recent phases of the arms
traffic, 1904.
97. The recent phases of the arms traffic formed the subject of a Despatch
Pro. No. 60. (No. 76 of 1904) to the Secretary of
State, dated the 31st March 1904:—
(1) From Ihe Officiating Political Recent in “ We have the honour to forward a copy of
the Peraian Gulf, Nc. 39, dated the 19th February the marginally noted correspondence regarding
1904, with enclosure. the shipment of arms and ammunition from Mas-
(2) From the Officiating Political Reiident in kat to Koweit*
the Persian Gulf, No. 48, dated the 24th February
1904, with enclosure.
. , „ . The strict criticism to which our proceedings

(j) From the Officiating Political Resident in of Law’, and the claims which have been ad­
the Persian Gulf, No. 69, dated the 11th March vanced by the German Government in connec­
1904. tion with the seizure, indicate the necessity of
omitting no precaution to ensure the technical
correctness of our action, and in considering the ptesent reports we have examined the
question of our rights in seizing and confiscating arms in the territorial waters of Maskat.
The power of confiscation conferred by the Sultan's proclamation of the 13th January 1898
Copy forwarded with Secret despatch No. 86 relates only to arms and ammunition which are
(External),'dated 5th July 1900. intended for Indian or Persian ports, and which
are also the property of British, Persian, or Maskat subjects, and we thus have no special
rights in the case of arms consigned to a port in other territory, such as Koweit, or where
the warlike munition are the property of a subject of auy power not mentioned in the
proclamation.
In view of the agreements for the prohibition of traffic in arms and ammunition which
we hold from the Sheikh of Koweit and Bahrein and from the Trucial Chiefs, and having
regard to the opinion expressed by Sir Nicolas O'Conor in his despatch to Lord Lans-
downe, No. 759, dated the 16th November 1903, that for the purposes of the present case
we might treat as illegal the introduction of arms into any part ot the Ottoman dominions,
we think it advisable that the terms of the Maskat proclamation of 1898 should be
revised by substituting for the words “ Indian or Persian ports" the phrase “ Indian,
Persian, or Turkish ports, or for the territories of the Sheikh of Bahrein, the Sheikh of
Koweit, or of the Trucial Chiefs," and further, that the words “ and if they are the pro­
perty of British, Persian, or Maskat s&bjects" should be omitted.
The wording of the Sultan's proclamation of 1898 follows the phraseology of the
instructions of His Majesty's Government conveyed in Lord George Hamilton’s telegram,
dated the 21st December 1897, and it would, therefore, be necessary in any case to refer
the matter for your orders before addressing the Sultan of Maskat on the subject. Since
wc propose the addition of the words “Turkish ports,’ it will, no doubt, also be desirable to
refer to Sir Nicolas O'Conor.
There is, however, another and most important aspect of the case. Even if our
powers of search in Maskat territorial waters can be enlarged in the manner suggested,
there will still be the difficulty that boats carrying arms may clear from Maskat for ports
in the territories of the Sultan of Maskat, where the traffic is not prohibited, and thence
sail for Koweit, or some other port, as appears to have been the case in the present
instance. This will necessitate the adoption of measures for searching arrivals in Koweit
itself. Sheikh Mubarak, in conversation with Colonel Kemball, has recognized our right
to do this under the proclamation of 24th May 1900, but obviously a seizure of arms in
Koweit harbour by a British ship acting under the authority of the arrangement with the
Sheikh would almost certainly, if the vessel carrying the arms were a foreign ship or even
a British steamer, raise the whole question of the status of the Sheikh. In the present

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