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50 THE LEGAL STATUS OF THE ARABIAN GULF STATES
’
which was signed on 17 November 1844, contained clauses conferring
on France ‘most-favoured nation’ rights and extra-territorial jurisdic­
:
tion over French nationals residing in Muscat.1 France was for some
time represented in Muscat by a French Consul, who was withdrawn
later in 1920.2 France was also a party to the Declaration of 1862,
to which reference has been made above. It was due, perhaps, to the
joint obligations of both Britain and France under this Declaration
that the Anglo-French controversy over Muscat arose in the past.
There were at least two incidents in the past in which the Declaration
« of 1862 played an important role:
1
1. Conflict over the coaling-station grant, 1S9S
The French Government’s negotiation of 1890 with the Sultan, to
: :
1 which reference has been made before, resulted in the conclusion in
1 1898 of an agreement with the Sultan, by which France was granted
1
the right to establish a coaling-station on a strip of land in Oman.3
When this matter was brought to the knowledge of the British Govern­
ment, it took a serious view of it and ordered the Sultan, in an ‘ultima­
tum’ presented to him on 9 February 1899, to revoke the grant
immediately, because it was regarded as a violation of the non-
alienation of territory Agreement of 1891.4 The Sultan, not knowing
i
what to do, met the French Consul and, to the astonishment of the
latter, disclosed to him the contents of the Agreement of 1891, which
was apparently signed without the knowledge of the French Govern­
ment. The Sultan was then told by the French Government that his
Agreement of 1891 with Britain violated the Declaration of 1862, in
which both Britain and France agreed to respect the independence of
Muscat and it was thus invalid.5 Enclosing the letter he received from
the French, the Sultan desperately wrote to the British Consul saying
that his ‘gift’ of the coaling station to the French did not violate his
Agreement of 1891, and urging not to be forced to go back on his
word which he had given to the French.0 However, this did not do
and the grant to the French was subsequently revoked. A compromise
was later sought between the British and the French Governments
regarding an agreed construction of the Declaration of 1862. This was
to the effect that both parties—France and Britain—were to be
excluded by the terms of this Declaration from acquiring a ‘lease or
cession in Oman territory’.7
1 For the Text of this Treaty, see Bombay Selections, pp. 265-71; Aitchison,
Appendix No. II, p. xxix.
2 Aitchison, p. 272. An American Consulate was also maintained in Muscat
until 1915. Sec ibid.
3 Lorimcr,pp. 556-9. 4 Ibid., p. 559.
6 Ibid., c Ibid.
7 Ibid., pp. 560-1.