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458. It is a significant fact that the majority of the prisoners belonged to
the Jen*beh tribe of the Arabs at Sur and that some of tho Arabs captuied by
the Porlugueso, ns Major Cox was informed by the French Consul at Mi.sknt,
claimed, to be French protfgis. On the French Consul at Zanzibar enquiring
in the matter, it was found that they were not really entitled to protection.
These cases were typical of what was constantly happening, namely, of Arab
dhows, to escape the inconvenient attention of tho British cruisers, were run*
ning up French flags, whether they were entitled to them or not and thus
carried on slave traffic with impunity owing to tho inadequacy of tho French
policing. M. Laronce admitted that tho contingency was a possible one, but
did not think that such a thing occurred frequently.
459. Tho facts, in Major Cox’s opinion, suggested tho necessity of obtain
ing from tho French Government an authentic list of tho Omani subjects en
titled to possess French flags and papers, with a statement of tho grounds on which
each flag has been given and the nature and extent of the rights and privileges
which they claim for their proteges.
400. Major Cox also icpca'ed the suggestion he had mado ouco before in
his letter No. 488. dated 2Sth Soptomber 1903, that a British Agent, au Eng
lishman or fli/cm-Englishman, should be appointed at Sur. If this proposal
was not feasible Major Cox suggested that the Head Clerk of tho Consulate
might be appointed Superintendent Vice-Consul, with a slight increase of salary
who might he deputed occasionally to Sur.
4 1. On this proposal of an Agent at Sur, it was decided by the Govern
ment. of India to await Colouel Kemball’s
Ibid, No. *51.
opinion. Major Cox’s other suggestion as
to obtaining a list of Omanis entitled to hold the French flag was strongly press
ed upon the attention of the Secretary of Stato. As also a report had been
received from the Sultan that French flags had been recently given to two Sutis,
who had never had them before, the Government of India proposed that a
strong protest should he issued against the issue of now papers to the Sultan’s
subjects (despatch to the Secretary of State, No. 18h (Secret—External), dated
9th October i902),
462. In view of the recent evidence of active slave traffic carried by Omani
Arabs, Major Cox thought that the acqui
Ibid, Not 246. 26.* (No. r68>
sition by the Sultan of an armed steamer*
would probably enable him to establish his authority on a firmer basis along
the Oman Coast and that the opportunity would bo a fitting one for a reminder
being addressed by the Viceroy to His Highness of his obligation in tho matter
of suppressing the slave traffic in his dominions (Captain Cox to Colonel
Kemball, iso. 373, dated 29th August 1902;. Colonel Kem ball approved of
this proposal. But the Government of India thought that Major Cox himself
might make the necessary communication as embodying the views and wishes
of the Governor-General iu Council (letter No. 2211-E., dated 11th November
1902).
(ix) Jurisdiction over Freuch flag-holderst in Zanzibar.
463. In a suit for recovery of debt filed before the Zanzibar Sultan’s Court
Secret K., September 1903, Nos. 240-383 (No. of delegated jurisdiction by a British
2f.7 cl ttq.) Indiau against one Juina-bin-Mubarak,
the latter claimed to he a French protege, having resided often in Comoro und
being entitled to fly French colours on his dhow, though ho was a Suri by na
tionality, and questioned the jurisdiction of -the Court to deal with his case.
I
The Court, however, held that notwithstanding his being a Captain of a dhow
flying the French llag and his alleged residence in Comoro, the defendent could
not withdraw from tho Sultan’s civil jurisdiction. The French Consul pro
tested against this action of tho Court but Mr. Cave explained to him that he
could not interfere with the Courts’ authority in tho matter, nor that ho could
admit the claim to extra-territorial juri-diction over a Suri, simply because he
was Captain of a vessel flying tho French flag : lie was neither a Frenchman, nor
* Src p;ira"iaph 420, antf, and parognipli G2
f bee paragraph 436, ante.