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(2) that no British subjects should collect or agroo to collcot oustoma in
contravention of articles 6 and 7 of the Treaty of 1801, or
(3) in contravention of nrticlo 10, bo as to obstruct or delay transit of
goods;
(1) that tho British Consul shall bo solo judgo as to what constitutes
dolny in furnishing copy of tho agreement, and what taxos are
illegal, etc;
(5) that infraction of the abovo rulos shall bo punishod with a maximum
fino of 500 dollars or 3 months’ imprisonment.
8J7. Thoso Regulations were issued on tlio assumption that tho ** Customs
„ „ . „ . 4. „, i . farmer is in no sonso a sorvant of tho
Ho.*i63°E*a?datciiVwtJ»nu»ry 199a! ’ Sultan 99 and that tho British Government
Hurd k, I'ebruarj i8U9, No*. 90189 (No. Could look to tho Bania farmer for the
187^‘ reform of tho ousloms administration,
I
instead of to tho Sultan. They constituted Major Fagan the solo arbiter of
what wero the propor taxes and empowered him to enforce them according to
his lights, while if ever they wore found to be improper or illegal, the
romedy properly lay in a representation to tho Sultan through tho usual
diplomatic channel. It would moreover he impossible to work them in practice,
as a JBenami arrangements wero possible and would be difficult to prove in a
Court of Justice. Further tho Regulations woro ill-considered and impolitio,
inasmuch their enforcement might drive tho customs farming into foreign
hands, such as a French Syndicate. Lord Curzon therefore thought that Major
Fagan’s proceedings was inexpedient.
318. The Secretary of State himself had doubts as to their expediency, and
Telepram from Viceroy to Secretary of State, in this opinion Lord Curzon ooncurredand
dated 10th January 1899 thought that thoy should not have been
Secret K.. Marsh 1699, Noj 49-59.
issued without reference to the Home or
Indian Government. As, however, they had been promulgated for two months
and in operation for oue month, Colonel Meado was instructed, upon his
approaching visit to Maskat, to report on tho matter or withdraw the Regula
tions, if he thought fit (See letter to Colonel Meade, No. 153-li A., dated 31st
January 1899.)
(x) Grant of Eunder Jisseh to the French.
319. Meanwhile a report had appeared in the French papers that the Sultan
of Maskat had leased Bunder “ Gcssoh**
Secret E., February 1S99, Nos. 90-189 (No. 134).
to the French for a coaling station. The
Secretary of Slate enquired by telegram on 13th December 1893 whether the
Viceroy had confirmation of this report, and whether such a leaso would be
consistent with the declaration of 20th March 1891, if true.
320. Major Fagan had no confirmation of tho reported lease of Bunder
Mi No. i4i “ ®Gsseh>” hut thought it possible. He
Id 0 ‘ understood that the port referred to was
Jisseh, an excellent harbour 5 miles south-east of Maskat. Colonel Meade
wished to inform the Sultan and enquire whether there were grounds for the
report. The Viceroy proposed to authorizo this and add warning that such
action would contravene declaration of 20th March 1891. Tho Secretary of
State’s instructions on these proposals were asked by telegram on 24th December
1898.
321. On 3rd January 1899 the Secretary of State replied with reference to
ibid No. 14? the Viceroy’s telegrams of 20tb and 24th
December—
41Declaration of IS 6 2 mutt be maintained and respected; subject to this, 1 am prepared to
approve any measure which docs not require French concurrence and which you think Likely to be
effective”
322. From further enquiries made by him, Major Fagan inferred that Jisseh
was the place, which had been probably leased or intended to bo leased to tbe
French, it being a small but good harbour o miles south-east of Maskat. It