Legal Cases Dealt with by Political Officers in the Persian Gulf [‎655v] (16/22)

Cases in Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. disposed of by Major Smith.
that they are pursuing it at their own risk. The profits are, however, so
great that they are heedless of temporary losses and continue in the prosecution
of gain, content with the assurance of our general protection against open
insult or oppression.”
5. The Government, thereupon, decided that “ the Resident should, as a
Letter No. 3417 , dated 3ist Deeember general rule, abstain from all interference with the
1858. claims of merchants against Chiefs and others on
the shores of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .” And the Secretary of State, with reference
thereto,observed:—“HerMajesty’s Government are
volume 129 ,18-59, pages 79 and so. ex t rem ely desirous to avoid all useless interference
with the pecuniary and commercial transactions of these Arab Chiefs and tribes,
and cordially approve the orders issued by you on the subject.”
6. Subsequent interference, such as is shown in Major Smith’s record of
cases (accompanying), has doubtless arisen from the cause stated by Captain
Jones in his Report of 25th November 1858 (paragraph 1 supra), namely, the
inability of British-Indian subjects in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. regions to carry on
trade without the support of British authority there. The cases stated by Major
Smith are nearly all the claims (pecuniary) of British subjects against Chiefs
and their subjects.
7. Some of the cases, however, are between natives of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran.
themselves (Chiefs included), and the exercise of interference in these claims
would appear to be under the terms of the Maritime Truce of 4th May 1853,
Article III. of which states— t£ That in the event
Government Selection, Xo. xxiv., of ^n act of aggression being committed at sea by
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , page 89. ^ of t]l()ge w p 0 are subscribers with US to this
engagement upon any of our subjects or dependents, we will not proceed
immediately to retaliate, but will inform the British Resident or the Commodore
at Bassadore, who will forthwith take the necessary steps for obtaining repara
tion for the injury inflicted, provided that its occurrence can be satislactoniy
proved.
“We further agree that the maintenance of the peace now concluded
amongst us shall be watched over by the British Government, who will take
steps to insure at all times the due observance of the above Articles.
8. The following extract from the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Selections seems to sup
port the above:—
“ Piracies are now of rare occurrence in these seas. Slight cases of aggres
sion, unattended, with bloodshed, have almost annu-
Page 73 ‘ ally occurred and must ever be expected occasion
ally to occur upon the pearl banks.
“ Their origin is almost invariably to be traced to the
practice of debtors
avoiding the settlement of claims against them, on account 01 advances o
money (for the purchase of provisions during the unemployed portion ol the
year, considered as a remuneration beforehand for service to be hereafter ren
dered on the pearl banks), by deserting their own Chief and taking refuge wit
another ; and the subsequent attempts of their lawful head, or of their creditois,
forcibly to recover possession of their person, or of the amount due by them, or
its equivalent, from the boat in which they sail belonging to the tribe they may
have joined. Por such aggressions at sea,, it is mcum en
upon ^eBktish Resident by the terms ami spirit of the Maritime Truce, to
exact redress.”
10. It is not difficult to understand how the application of powers sue i
as those given in the Maritime Truce would expand with time, and even ua y
embrace cases which might not be capable of definition under tlm
ing of the truce. In this way interference, even in the matter of, the
British subjects against Arabs of the Gulf, may, at the present time, be exeicisea
under this engagement.
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