'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [‎135r] (27/48)

Mr. Merivale has to state that an Appendix to the Keport will be issued in a few
days.
Inclosure in No. 7.
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. .
[See Inclosure in No. 5.]
No. 8.
Sir A. Kemball to Lord Tenterden.—{Received November 11.)
My Lord, 79, Queens Gate, October.li, 1873.
ADVERTING to my previous letter dated the 14th ultimo, forwarding the Report
prepared by Sir P. Francis and myself on the subject of British jurisdiction in Persia,
I have the honour now to inclose an Appendix thereto (printed 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. ),
comprising remarks by Sir H, Rawlinson and Mr. Herman Merivale, with my replies.
I have, &c.
(Sigded) A. E. KEMBALL.
Inclosure in No. 8.
Appendix to Report by Sir A. Kemball and Sir P. Francis,
Remarks by Sir H. Rawlinson. Reply of Sir A. Kemball.
PERSIA will probably have learnt a THE action of the English and Russian
lesson as to the inadequacy of 44 sufferance Representatives at Constantinople, in dis-
and usage" to constitute an international countenancing the claim of the Persian Go-
right, from her pending negotiations with vernment to exercise jurisdiction in Turkey
the Porte on the subject of Civil Jurisdic- to the full extent to which it has been con-
tion in Turkey. ceded by the capitulations to European
She has been claiming, indeed, on the nations, might be justified, on the one hand
ground of prescription, to exercise the same (in the interests even of Persians), by the
authority in civil matter over Persian sub- greater freedom of the subject in Turkey,
jects in Turkey that we are claiming to on the other by the want of system in the
exercise over British subjects in Persia, and administration of justice in Persia,
the claim has been positively disallowed. A In Turkey, Courts have been constituted
compromise is, however, I believe, being which are governed by rational codes. In
now negotiated at Constantinople, which Persia trial is without regular procedure,
provides for the joint action of Persian and law is generally subservient to the
assessors in the tribunal which adjudicates caprice o^ irresponsible executive officers,
on claims against Persian subjects, and as Such officers would be even less under con-
this arrangement is supported both by the trol abroad than at home.
Russian and English Governments, I hardly That they do not reciprocally claim the
see how these Powers can demand larger like privilege in Persia is, in the absence of
privileges in their direct dealings with capitulations, as relevant a plea for the
Persia. At any rate, I should strongly re- Turks against the desired concession as is
commend that, before any Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. a the most fa voured nation " clause adduced
were passed applying the Foreign Jurisdic- by the Persians in support of it. With our
tion Act to Persia, an attempt should be inability at least to reconcile the principles
made to conclude a convention or capitula- of European and Oriental jurisprudence,
tion with the Shah's Government defining we could as little admit the argument of a
our rights both as to criminal and civil common cause as that of mere reciprocity
jurisdiction. Perhaps the desired clauses in favour of either side. To do so might
mi^ht be introduced into the new Com- involve the absurdity of entitling Turks and
mercial Treaty, which it would seem of the Persians to exercise jurisdiction in the
first necessity to press on without loss of British dominions. This pretension, I be-
time, in reference not only to the late. lieve, was at one time advanced by the
treatv between Germany and Persia, but in Persian Consul-General in Bombay, and
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