'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [‎134v] (26/48)

establishing British commercial interests upon a more advantageous
footing than that conceded under the Treaty of Tutcomanchai," 6t
whenever independently the occasion may be preferred of pressing it
upon the notice of the Shahs Government,
fomation cf Mixed Tribunals. r pi ie attainment of the second point would furnish an
Duke'Of Srg ~ ei 2o: January 24! additional argument for making the provisions of the Turkish Order
1873. * ' i n Council the basis of jurisdiction in Persia, but the discussion of it
can hardly be matured without preliminary investigation of the
working of the system now obtaining in the dominions of the Porte,
and without examining, if it were possible, in association with the
Persian Ambassador at Constantinople, the several Codes (Civil,
Criminal, and Commercial) there in operation. It is very desirable,
in the opinion of Sir P. Francis, that we should both be entrusted
with that duty at Constantinople.
40. The advantages of the proposed measure, not merely in its
bearing upon the interests of British subjects, but in educating
Persian officials to a right sense of their obligations, atid to the just
and proper exercise of their functions, can hardly be exaggerated,
and receive their best illustration in the effects produced in Turkey.
Its success, however, we apprehend, must in the highest degree-
depend upon the sympathy and support of other foreign Powers
having Treaty relations with Persia, more especially Russia, a'nd
it would rest with the Government to consider whether and to what
extent it might be expedient to invite combined action in its prosecu
tion.
41. (t will be remembered that the establishment of Mixed
Tribunals strikes at the root of the worst features of Mahomedan
administration. They would supersede the influence and agency An office of the East India Company and, later, of the British Raj, headed by an agent. ol^
the religious Courts. They would gradually undermine religions
prejudices and^ obnoxious rules, and remove those anomalies in the
law of evidence and other laws affecting the civil rights of Christians,
which are too familiar to need comment, and which were found to be
so pernicious in the administration of justice in Turkey.
42. But the initiation of this measure must necessarily be post
poned until the points we have submitted in regard to the principles
and structure of the Order for Persia shall have been considered
and determined by Her Majesty's Government in England and in
tndia.
No. 6.
Earl Granville to Mr. Thomson.
(No. G. Consular.)
Sir, Foreign Office, October 29, 1873.
• I TRANSMIT to you a copy of the Report prepared by Sir Philip Francis and Sir
A. Kemball 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. . 4C "
Before the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. is drawn up, I should be glad to receive any observa
tions you may have to make on the inclosed Report, and on the whole subject
generally.
I am, &c.
(Signed)
GRANVILLE.
No. 7.
\Mr. Merivale to Viscount Enfield.— {Received November 6.)
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. , November 6, 1873.
MR. MERIYALE presents his compliments to Lord Enfield, and forwards, in
accordance with the request contained in the Foreign Office Letter of the 31st ultimo, a
printed copy of the Report by Sir P. Francis and Sir A. Kemball on Consular Jurisdiction
in Persia and the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .t
* No. 5.
t luclosure in No. 5.