'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [‎125v] (8/48)

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territories in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. not subject to Turkey, Persia, or Muscat, as by usage and
sufferance the British Government has long exercised and does exercise the jurisdiction
over British subjects now in contemplation.
In conclusion, his Excellency in Council would submit for the consideration of the
Governor-General in Council, that the time has arrived at which Colonel Pelly may, with
advantage, proceed to Constantinople to confer with Sir Philip Francis as proposed in a
previou^Tcorrespondence. He will then have it in is power to discuss with him the best
mode of dealing with cases in which British subjects may be plaintiffs and Persians
defendants, a matter to which he attaches must importance.
Inclosure 4 in ]S r o. 1.
Colonel Pellij to the Secretary to the Government of Bombay From c. 1668-1858, the East India Company’s administration in the city of Bombay [Mumbai] and western India. From 1858-1947, a subdivision of the British Raj. It was responsible for British relations with the Gulf and Red Sea regions. .
Camp, Mandanee, March 11, 1871.
"REFERRING to my letter, dated 22nd October, 1870, and previous correspondence,
concerning the introduction of Consular or other jurisdiction in Persia. I have now the
honour to'submit a copy of a letter T have received from Her Majesty's Consul-General
and Judge at Constantinople on this subject, together with a copy of my reply.
2. The Rio-ht Honourable the Governor in Council will observe that I have carefully
refrained from giving any opinion in regard to questions which affect localities beyond
the regions committed to this Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. . ^ . 1 1
It seemed to me that to give such opinion, unless under the special orders
of Government, might lay me open to the charge of presumption and otherwise prove
inconvenient. *
Inclosure 5 in No. 1.
Sir P. Francis to Colonel Pelly.
Constantinople, December 27, 1870.
I HAYE been directed by Her Majesty's Government to put myself in com
munication with you with a view of drafting an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. applicable to Persia,
I have read the various despatches and documents sent to me on the subject,
among which I find one from you of the date of 30th October 1866, addressed to the
late Mr. Loo ie.
In continuation of this correspondence allow me to send you some preliminary
remarks founded on your and other letters, and to beg to send me your comments and
suggestions in return.
I propose that in the Order iu Council it shall be ordered —
1. That Consular Officers in Persia shall be invested with the power of hearing
certain civil and criminal matters in which British and protected subjects are interested.
2. That the Resident (or by his appointment the Assistant Resident) at Bush ire
shall likewise hold Court for the administration of justice, including maritime cases.
3. That the other Assistant Residents (and Consular Officers, if any) shall possess
like authorities. t > - j ^ / j
4. That there should be appeal in certain cases from the Assistant Residents (and
Consular Officers, if any) in the district under your jurisdiction to the Resident.
5. That in those cases the Court of Final Appeal should be Bombay.
6. That the Consuls and Yice-Consuls not included in the above paragraph, viz.,
Tabreez and Reshd, should likewise have the same judicial powers and hold Courts
of First Instance. ,r. • . i. i •
7. That at Teheran a Court should be held either by the Minister or by his
deputation, the Secretary of Legation or Vice-Consul. , ,, , , .
8. That from the Courts of Tabreez, Reshd, and that held by the Ministers
Deputv at Teheran, the appeal should lie to the Minister at Teheran or to the Supreme
Consular Court at Constantinople or to the Secretary ot State ; and 1 should be glad
to have your opinion as to which would be the best of these suggested Courts ot
9. That assessors may occasionally (especially in cases wlien protected subjects are
involved in the suit) be drawn from foreigners. . at u
10. That the place for prolonged imprisonment should be either at Malta or