'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [‎133v] (24/48)

22
Special provision for jurisdiction not needed.
These remarks apply equally to the aggres
sions of the Wahabees on Muscat terri-
tory.
Despatch from Government of India to the
Duke of Argyll, No. 19, January 24,
1873, paragraph 17.
The condition of Koweit is peculiar.
Though paying no tribute to Turkey, the
Koweit Chiefs have always acknowledged
and pleaded allegiance to the Porte, and
Koweit vessels have always carried the
Turkish flag.
Bussorah, they may be regarded as integral portions of Ottoman
territory.
29. Referring, however, to the incessant political changes on the
Arabian continent, to the doubtful and irregular control exerted by
the Ottoman Porte over its ^uasi-Arabian tributaries, also their virtual
autonomy wherever the authority of the Porte is not ostensibly
recognized, we submit that the definition of Wahabee territory is
unnecessary. It mast be sufficient for purposes of British jurisdiction
that this territory should be found comprised and generally enume
rated within the limits to be prescribed to this proposed Order in
Council as above stated, viz., the territory of Muscat on the one side,
the territory of Koweit on the other.
Muscat Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. generally suitable
to Arab States.
Ibid., paragraph 11. 0 The Order in
Council for Muscat may
a guide for the new Order,
Correspondence passim.
be taken as
30. As suggested by the Government of India, we are of opinion
that the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Muscat (being mutatis mutandis identical
with the Order for Zanzibar) is the best suited by its terms and
structure to the circumstances of the Arab States. It would be sub
ject, of course, to the modifications which spring from the absence of
any Treaty obligations to the latter, and from the assurance that
Despatch from Government of lJom ay, g ri tish jurisdiction there, based on sufferance and usage, may safely
No. 6,161, October 26,18/2, paragraphs. . J ., ... , , . ixi i x i
Despatch from Resident in Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. be maintained as prescriptive, and does not need to be supplemented.
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. . or fortified by the formal assent of the Chiefs concerned.
Defects of Muscat Order. • Touching the peculiarities and defects of the Muscat Order
Despatch from Government of India to the in Council, commented upon by the Government of India, if, as has
Duke of Argyll, No. 19, January 24, t) ecn assumed, the jurisdiction authorized by that Order is "narrower
1873, paragraph 17. than in Persia and other places," this must be the consequence of
D lluke' 1 elf 19! January 0 24! restrictions imposed by Treaty, which, though hardly to be set aside
1873, paragraphs' 8,11,12, and 13. in respect to Muscat itself may be eliminated from that Order in so
far as they should be found to affect the Arab States. Again, we
would remark that, althougli British criminal jurisdiction in the
Signed May 81, 1839: ratified July 22, Muscat dominions is restricted by Article IY of the Treaty of 1839,
1840. " the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of 4th November 1867 (being nevertheless, it
seems, "framed on the broader basis of sufferance and usage")
Act 35. « And it is further ordered, that contains a provision, Article 35, than which it would be difficult to
the provisions of this Order shall extend find terms admitting of more comprehensive interpretation. In civil
and apply to all subjects of Her Majesty, cases the independant Arab States, not being affected by the like
by birth or by naturalization, rp reat ^ ^ same () rf i er i n Council, in its application to them, would
whether
and also
birth
to all persons
Majesty's protection.
enjoying
Objections to include Muscat in new Order
in Council for Arab States.
Modifications proposed in existing Muscat
Order.
Amendments desired in Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
for Muscat and for Arab States.
not be hampered with the limitations of Article V, which obtain at
Muscat.
32. Here also the varying bases of jurisdiction seem to bar the
course proposed by the Government of India to include Muscat in a
General Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. applicable to all the States bordering the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (excepting Koweit, "if the existing arrangements
regarding Turkey should not admit of modification "), to which end it
is suggested " to modify the Muscat Order accordingly," or, " as the
better plan, to repeal the Muscat Order entirely.'
33. The modifications, however, which, in conformity with the
views of the Indian Government, arc required in the existing ()rder in
Council for Muscat, would be not less desirable in the application ot
thai Order as the basis of jurisdiction in the independent Arab States.
These modifications refer more especially to the course of appeal and
to the law to be administered in both territories. They are the same
as those recommended in the adaptation of the Turkish ()rder to the
Persian littoral (and, if practicable, to the interior ot Persia and to
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. ), viz., to constitute appeal in all cases civil and criminal
to the High Court of Bombay (or, still better, primarily to a Judge or
superintending Judicial Officer at Bushire) instead of to England or
to Constantinople, and the British Indian law with penal code the law
to be administered instead of English law.
34. The task of effecting these modifications might be entrusted
also to Mr. Reilly, to whom we would suggest the following amend
ments as desirable in the Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. to be applied to both of
the territories in question :—
(1.) The scope of British jurisdiction might, w r e think, be