'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [‎132r] (21/48)

of Peace, signed in i ^aris in 1857, we are placed in this matter on the Grounds on which right is assumed to be
looting ol the most favoured nation. Our commercial relations with perfect.
Persia are therefore based on the Treaty of Peace concluded between
Russia and Persia at Turcomanchai in 1828, and by the'Xth Article
of that Treaty Russia has the right to appoint Consuls or Consular
Agents wherever the interests of commerce may require their presence
in the Persian dominions."
14. Her Majesty's right so based is, we conclude, perfect and
unassailable. If it were deemed open to question, there would
remain the alternative proposition that the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. and
his Assistants in the Persian Gull should be vested, in their proper
capacities, with the requisite judicial authority. To this proposition,
however, unless the alternative be unavoidable, we are disposed to
demur. The Resident and his Assistants are accredited not only to. Objections to the Resident in the Persian
the Arab states but to Persia, and are thereby rendered subject to ant l his Assistants being vested
the provisions of our Treaties with Persia and subordinate to Her wittl j^ dicial authority in their proper
Majesty's Legation at Teheran. In like cases of officers of Her ca P acitles *
Majesty's Indian Political service The branch of the British Government of India with responsibility for managing political relations between British-ruled India and its surrounding states, and by extension the Gulf, during the period 1937-47. being employed beyond Indian
limits, the practice has been to confer on such officers Consular Com
missions, to wit, at Baghdad, Bussorah, Muscat and Zanzibar; and
these Commissions being honorary only and accessory, and being so
declared, need not withdraw the holders in any respect from the
authority of Her Majesty's Indian Government. •
15 And as in any case the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. and his assistants The pref e ra ble course to issue to these
would oe called upon to exercise notarial and magisterial-functions Officers Consular Commissions,
conformably with English law, more notably in respect, to the
Merchant Seamen's Acts, we share the opinion of the Government
of India that "it would be safer and less likely to give rise to mis- Despatch to the Duke of Argyll, No. 19,
understanding to give to the officers in question the designations of January 24, 1873, paragraph 16.
Consul-General and Consul, respectively, in addition to the titles of
Resident, or Assistant-Resident, or Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , as the case may
be."
10. In order to relieve the Resident from being continually Letter from Resident, Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , to
hampered with small causes, particularly at Bushire (our political Goyernment of Bombay,
relations around the Guli of Persia and Oman being his proper and
sufficient charge, and his absence from head-quarter being frequent
and protracted), it becomes a question whether his assistants should
not be vested with co-ordinate jurisdiction, or whether appeal should
lie, as of couise, from his assistants to himself. The latter condition, - Tj^e Government of India recommends that
be it observed, does not obtain (nor could obtain under existing appeals from Gwadur should, as in the
Consular arrangements) in other parts of Persia. In Turkey, appeal d r ! l r ^ n ^ U8Cat Con8u,ate ' be to
from every grade of Consular Officer is to the Judge at Constanti- a C ^nsXr' Commission ought, we pre-
nople only. T rom the Consular Courts at Muscat and Zanzibar sume, to be issued to the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency.
appeal lies actually to the High Court of Bombay. at Gwadur.
17. As regards the subject of appeal, the arguments in favour of Despatch from Resident in Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran.
Indian appellate jurisdiction tor the territories borderini>" the Persian to 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. , No.473/129,
Gulf are, that " by far the greater number of our subjects in the region T dated 0ctob er 22, 1870.
in question are natives of British India, and the interests to be dealt "il.dt.o^oftl^ch 10^870 ,0
with are British Indian interests, whether commercial or other." Such In 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. letter of April so, 1871.
being the case, the objections to making appeal lie from the Persian and Memorandum of May 5, 187 1, the
littoral to Teheran, and, a fortiori, to Constantinople, are obvious, opinion is expressed that the Persian
(Among these are the distances to be travelled over roadless tracts,
and the inadequacy of the means of communication.) And referring and that the Court of Appeal should be
to the provisions of the British Indian law as distinguished from English Bombay."
law, it is presumed that "the special provisions made to meet the ,)o9 P atcl1 tro1 " ^esidentm Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. to
r • i i. • r ,11 , .■« 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. , No. 473/129,
peculiarities ot social, religious or other law or custom among the dated October 22, 1870!
various sects and races of British India," would be more applicable to
cases wherein persons of those sects and races should be concerned.
18. If, then, appeal to the High Court of Bombay were deemed The Penal Code is intelligible and logical;
preferable, it would follow that the law of British India, including the the En g lisl1 Criminal law is the reverse.
Indian Penal Code, should properly govern the provisions of the
Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , both for the Persian littoral and the other States
bordering the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , not even excepting Turkish Arabia A term used by the British officials to describe the territory roughly corresponding to, but not coextensive with, modern-day Iraq under the control of the Ottoman Empire.