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Major Fagan finding that Salim-bin-Saud was a nativo of Sur, and that the
collision occurrod in Maskat territorial waters, informed M. Ottavi that, in view
of tho quostion ponding between Her Majesty’s Government and the French
Ropublio regarding tho right of Franco to oxorciso jurisdiction within the Sultan’s
dominions over subjects of His Highness, who had obtained the right to fly the
French flag, ho “ only aceoptcd M. Ottavi’s claim on behalf of Salim-bin-Saud,
on the understanding that such acceptance should not bo considered to prejudice
the question at issue between tho two Governments. ” No exception was taken
to Major Fagan’s action at tho time : but when the question was referred to tho
Government of India again in the following year, a stronger line was adopted,
Letter No, 1012-E. A., dated 11th May 1000, to and Captain Cox was informed that,
the Reiidcnt. should the French Consul again claim
Sccrot E., September 1900, Nos. 0*50.
jurisdiction in any similar case, his claim
should not bo even provisionally admitted, but should bo contested in each case.
263. In 1S98 tho Foreign Oflfico suggested that tho Sultan should adopt
a distinctive flag for tho uso of his subjects. The Political Agent thought
that this would be productive of no good unless wo assured the Sultan our
active support in asserting his authority over his subjects holding French flags.
The Government of India urged that stops should bo taken for discontinuance
of the grant of French flags (Secret Despatch No. 69, dated 31st March 1898).
261. Lord Salisbury howover pointed out that we had no unimpeachable
locus standi to make this claim in case
Secret E., March 1899, Nos. 692-721 (No. 715).
of an independent state like Maskat,
seeing that we had received no request from the Sultan to do so, that the
correspondence between tho Sultan and the French Vice-Consul showed that
the practice of granting French flags had been acquiesced in by His Highness
and his predecessors, that in case of our insisting on the abandonment of the
French flag, tho French Vice-Consul would have an occasion to represent to
the Sultan that it would plaoe the Suri vessels at the moroy of the British
cruisers and cripple their trade. There was thus Borne likelihood of the Sultan
openly announcing that tho flag had been granted with his permission. In
these ciroumstanoes an order of the Sultan directing his subjects to carry a
distinctive Maskat flag would place us in a position to refuse to recognize the
validity of the French grants with Maskat territory (Secretary of State’s
Despatch to tho Government of India, No. 40-Secret, dated 30th December
1898).
[For subsequent history see Chapters XVII and XX, post.]