'A Précis of the Relations of the British Government with the Tribes and Shaikhs of 'Arabistan By Lieutenant A T Wilson, Acting Consul for Arabistan' [‎31r] (66/143)

47
given to it as to the meaning of some of the articles and made conformity
with its view on the part of Persia indispensable to its acceptance of the
proposed engagement.
u ^' r P I ! otrac ^ ne gotiations it was arranged that the desired assurances
should be given m writing by the representatives of the two mediating
Governments at Constantinople: the Porte, however, insisted that the
absurances should be accepted by the Persian Government (who had not been
apprised of them) : with this proviso the Treaty was signed.
The assurances in question, however, did not meet with the subsequent
concurrence of the Persian Government which fearing some covert obiection
insisted on withholding its consent. It was only after extreme pressure on
the part of the mediating Ambassadors that the Persian Plenipotentiary,
still protesting want of authority from his Government, acceded to the
demands of the Turks.
, . It J v ^ s . Y^th the greatest difficulty and ostensibly as a matter of favour
to the British Government, that the Porte expressed itself satisfied with this
issue . nor dm it then consent to ratify the Treaty without requiring and
obtaining from the Representatives of the mediating Governments an “ Ex
planatory Note ” embodying in a more formal manner the assurances they
had previously given. J
This was the Treaty ratified at Constantinople in March 1848. 1
The effects of these transactions were to render the work of delimitation
impossible and after more than two years wasted in barren discussions, to
restrict the labours of the Frontier Commission (composed of Turkish,
1 ersian, British and Russian Delegates) which was now appointed to the
mere acquisition of topographical and statistical information.
In order to appreciate the extent to which the “ Explanatory Note ”
affected the terms of the Treaty and the conflict of pretensions which ensued,
it is necessary to contrast the provisions of either instrument, in so far as
tffey relate to frontier claims and particularly to those of ’Arabistan.
Treaty of 1848 (Extract) (Translation).
^ r ! lc l e Die Ottoman Government engages formally that the Persian Govern
ment shall enjoy full sovereignty over the town and port (echelle) of Mohammerah the
Island of Khidhar, the place of anchorage and also the district on the eastern, that is
to say the left, bank of the Shatt-al-’Arab, which are in possession of tribes recognised
as owing allegiance to Persia. 2 Besides this Persian vessels shall have full right to
navigate on the Shatt-al-’Arab from the place where this river throws itself into the sea
to the point of contact of the frontiers of the two parties.
Article 8 .—The two high Mussalman Powers undertake to adopt and to put into
execution the measures necessary in order to prevent and suppress the robberies and
acts ot brigandage of the tribes and other peoples established on the frontiers to which
end they will place troops at suitable spots. And they undertake to acquit themselves
of their duty as regards every kind of act of aggression, such as pillage, depredation
or murder, which may take place in their respective territories. The two high Powers
will leave once for all to the free will of the tribes in regard to whom their Suzerain
being unknown, there is a dispute, the right to choose and designate the places where
they will henceforward always reside: and it is agreed that tribes whose dependencies is
known will be forced to return to the State to which they owe allegiance.
Explanatory Note (Extract) (Translation).
The points which the Sublime Porte requires explanation are the
following
1. The Sublime Porte supposes that in abandoning to Persia, according to one of
the clauses of the second Article of the Treaty the town, port and the anchorage of
Mohammerah, as also the Island of Khidhar, this act does not include the territories
of the Sublime Porte which are situated outside the said town, nor the other ports of
the Sublime Porte situated in those districts.
1 Vide Aitchison's Treaties, 4tli Edition, App. 18, for a rough and incomplete translation.
French will be fonnd in Hertslet’s “ Persian Treaties,” 1891, page 169, et seq.
2 The English translation of this clairse in Mr. Parker’s Memorandum is erroneous.
The original