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'Papers respecting the Protection to be granted to Persons of Persian Origin born in India' [‎98r] (5/12)

The record is made up of 1 file (6 folios). It was created in May 1876. It was written in English and French. 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. .

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5
liiclosure 11 in No. 1.
Government Resolution, No. 5,446.
Political Department, Bombay Castle, December 14, 1872.
LETTER from the Solicitor to the Government, No. 934, dated the 4th September,
1872,— F
Submitting, with reference to Government Resolution No. 4437 of 1872, a copy of
the opinion of the Honourable the Acting Advocate-General, to the effect that a natural
born subject of Her Majesty, who is also entitled to the privileges of a Persian subject, is,
in Persia, entitled to British protection, although he may not have ceased to be a Persian,
in accordance with Persian laws and usages, &c. Returning papers sent with Government
Letter No. 4557 of 1872.
Resolution .—Copy of this opinion should be sent to Colonel Pelly, for information
and guidance, in answer to his letter No. 1107, of the 12th July last.
(Signed) E. GONNE, Secretary to Government.
To 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. , Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .
The Government Solicitor, Bombay (returning the original papers and copy of the
Opinion).
Inclosure 12 in No. 1.
Opinion of Acting Advocate-General, Bombay (No. 34, of 1872).
I AM of opinion that a natural born subject of Her Majesty, who is also entitled to
the privileges of a Persian subject, is, in Persia, entitled to British protection, although
he may not have ceased to be a Persian subject in accordance with Persian law and
usage.
2. Section 4 of the Imperial Statute 33 Viet., c. 14, shows that this is the law, and
provides the means by which a subject of a foreign State, who is also a British born
subject, may cease to be a British subject.
(Signed) C. J. MAYHEW, Acting Advocate-General.
Bombay, September 2, 1872.
Inclosure 13 in No. 1,
Mr. Aitchison to Colonel Ross.
Sir, Fort William, September 5, 1874.
IN acknowledging the receipt of your letter dated 25th June last, I am directed by
his Excellency the Viceroy and Governor-General in Council to forward a copy of the
opinion of the Officiating Advocate-General, dated 21st ultimo, on the question whether a
person born in British territory of Persian parents, and residing in Persia, is entitled to
British protection.
2. His Excellency in Council concurs in the Advocate-General’s view that such a
person is not entitled to British protection unless other foreign Powers enjoy in Persia
the right of granting protection under similar circumstances. If, on inquiry, you find
that such privileges are not enjoyed by foreign Powers, you should revert to the practice
which you describe in the 4th paragraph of your letter under acknowledgment as having
been observed prior to 1872, that is to say, your interposition should be restricted to
affording your good offices as-in the case of ordinary Persian subjects.
T hflvr* foe
(Signed) ’ C. U. AITCHISON,
Secretary to the Government of India.
Inclosure 14 in No. 1.
Mr. Paul to Mr. Aitchison.
Fort William, August 21, 1874.
WITH reference to your memorandum, dated 6th August instant, inclosing certain
papers and a letter of 1874, dated 25th June last, from Her Britannic Majesty’s
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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. to the Secretary to the Government of India in
the Foreign Department, I have the honour to advise as follows
(474] C

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Content

The memorandum consists of printed papers on the subject of whether persons of Persian origin born in India are entitled to protection as British subjects. The question arose from the fact that Persia did not recognise British nationality in persons of Persian descent. In particular, it references the case of Agha Mehdee; a person of Persian descent who has enjoyed British subject status for a number of years. His status as a British subject is accepted by the Government of Persia, but they do not consider this to be a precedent to be conferred on others. The attitudes of France and Russia towards their subjects are considered in order to inform the British position on the matter. The papers included are outlined below.

A letter (No. 1, folios 96-100) from William Taylor Thomson, Envoy Extraordinary and Minister Plenipotentiary A diplomatic representative who ranks below an ambassador. The term can be shortened to 'envoy'. to Persia, to Edward Henry Stanley, Earl of Derby, Secretary of State for Foreign Affairs, dated Tehran 15 February 1876, with the following enclosures:

A memorandum (No. 2, folios 100-101) as to the protection to be granted to persons of Persian origin born in India, signed by A Walmisley, dated Foreign Office 20 April 1876. It considers a couple of cases; the case of 'Bagio', a Jew born to Ottoman parents; and 'Schlizzi', a man born in Ottoman territory, but who had resided for a time in England.

Extent and format
1 file (6 folios)
Physical characteristics

Foliation: the foliation sequence for this description commences at f 96, and terminates at f 101, as it is part of a larger physical volume; these numbers are written in pencil, 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.

Pagination: the file also contains an original printed pagination sequence.

Written in
English and French in Latin script
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'Papers respecting the Protection to be granted to Persons of Persian Origin born in India' [‎98r] (5/12), British Library: India Office Records and Private Papers, IOR/L/PS/18/C16, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025717386.0x000006> [accessed 25 April 2024]

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