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'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [130v] (18/48)
The record is made up of 1 file (24 folios). It was created in Jan 1875. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
16
am] their trade, shall also, in every respect, be placed on the footing of the subjects and
commerce of the most favoured nation,"
T b e question tlien is as to what are the rights and privileges of the most favoured
Rations. he i reaty of 1 oorkomanchai declares that Consuls maybe posted wheresoever
'■ the interests of commerce" may require. But it is obvious that there may ho
differences of opinion between the Government of His Majesty the Shah and the
Government oi Her Majesty the Queen as to the requirements of commerce in Persian
territory.
,' t ... ls ' T , ,, ' el ' e(o . re ' expedient that, before the report of Sir Arnold Kemball and
fT iR ra ";; 18 18 completed, they should be fully informed, with respect to the views
ot Ijord Granville, as to the rights and privileges of the British Government accordinir to
existing Treaties. b
I am, &c.
(Signed) J, WM. KAYE.
No. 5.
Sn A. KemhaU to Lord Venterden.—{Received October 16.)
My Lord, 79, Queen's Gate, October U, 1873,
1 . I J • e hoilour to mclose, for submission to Her Majesty's Secretary of State
oi foreign A fairs, the report prepared by Sir I^ilip Francis and myself, which has been
prnited at the
India Office
The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors.
, relative to British Consular Jurisdiction in Persia and in
the territories bordering the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
.
The gist of our opinions is that the Turkish
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
is applicable to the
circumstances of Persia, and the Muscat
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
to those of the independent
Ara ) states, with such modifications, in either case, as will be readily appreciated by
J>lr. h. S Keilly, by whom the original Orders in question were framed.
I have, &c.
(Signed) A. R. KEMBALL.
6 & 7 Vict., cap. 94.
Jurisdiction.
As sanctioned by Treaties in Persia.
By suflFerance and usagfe.
Civil jurisdiction in Portia.
Inclosure in No. 5.
»
Report on the proposed
Orders in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
for Persia and the States in
the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
.
% _ September 4, 1873.
LN pursuance of the instructions of Her Majesty's Govern
ment we have considered the best means of giving effect to the
Foreign .Jurisdiction Act in the Persian dominions and in the States
and territories bordering the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
. In so doing we have
necessarily assumed, whilst discussing the provisions of the Orders in
Council required for the purpose, that Her Majesty is empowered, by
sufferance or usage, or under Treaty stipulations, to delegate jurisdic
tion to her representatives in the above-named countries.
2. So far as Treaties are concerned, Articles IX and XII of the
Treaty of Peace of 1857 limit Her Majesty's powers of jurisdiction in
Persia to the extent to which they may be accorded to the most-
favoured nation, and these are to be found specifically defined b-\
Articles V I I and VIII of the Treaty of 1828, concluded between Russia
ami Persia at Turcomanchai. {Vide also the Treaties more recently
contracted by Persia with other European Powers, and more notably
with Germany, Articles fll and XI to XVII inclusive.)
3. The extent to which jurisdiction has been exercised under
sufferance and usage is set forth in the 6th and 7th paragraphs of the
despatch of the Government of India, No. 12 of 24th January 1870.
As there described civil jurisdiction on the Persian littoral, at least, of
the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
, corresponds so closely with the actual conditions of
the same jurisdiction in Turkey, that the
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
which
constitutes the basis of the one may very readily be adopted to
legalize the exercise of the other. In the interior too of Persia the
privileges so acquired would seem to be as fully confirmed as on the
Persian littoral, for although it were true, as alleged in the despatch.
About this item
- Content
This confidential file is a collection of documents printed for the use of the Foreign Office in January 1875.
The collection contains letters and enclosed memoranda sent and received by Sir Lewis Pelly and other employees and representatives of the Government of India between 27 March 1873 and 4 November 1874, with some earlier letters in enclosure (27 December 1870- 30 September 1872), to prepare a draft of an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. on the subject of British consular jurisdiction in Persia and the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .
- Extent and format
- 1 file (24 folios)
- Physical characteristics
Foliation: The foliation for this description commences at f 122 and terminates at f 145, as it is part of a larger physical volume; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. The main foliation sequence commences at the front cover, and terminates at the back cover; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present in parallel between ff 5-155; these numbers are also written in pencil, but are not circled, and can be found in the lower right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Pagination: The volume also contains an original printed pagination sequence.
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- English in Latin script View the complete information for this record
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- Reference
- IOR/L/PS/18/B7/1
- Title
- 'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74'
- Pages
- 122r:145v
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence