"مراسلات ومذكرات تفاهم تتعلق بالسلطة القضائية للقنصلية في بلاد فارس، ١٨٧٣-٧٤" [ظ‎‎١‎٢‎٤] (٤٨/٦)

Colonel Pelly and the Government of India. It will, we think, be safer and less likelj to
give rise to misunderstanding to give Colonel Pellj the designation of Consul-General or
Consul, and his subordinates the designation of Consuls or Yice-Consuls, in addition to
the titles of Resident, or Assistant Resident, or Political Agent, as the case may be.
Appeals from subordinates in the Gulf should be first to the Resident or Consul-General
and then to Bombay. Appeals from Gwadur should, us in the case of the Muscat Con
sulate, be to Bombay direct. The general executive control should be with the Govern
ment of India, and in this respect we consider that the Muscat Order shoukl be modified.
Should a Consul-General be appointed as a Court of Appeal, it is a question for considera
tion whether the limits placed by the Muscat Order on the power of fine and imprisonment
may not be properly enlarged.
17. In paragraph 2 of your Grace's despatch No. 67C, dated 31st May, 1871, we
were instructed to take steps if necessary for procuring from the Rulers of those islands
or places in the Persian Gulf, not subject to Turkey, Persia, or Muscat, their assent to
the exercise of jurisdiction within their territories. We have not, however, considered it
necessary to take any definite action in this matter. Your Grace is aware that the
pretensions of Turkey on the Coast of the Persian Gulf are of the most indefinite kind,
and that to all the territory which she claims Persia puts forward equal pretensions. The
Muscat boundary is indefinite, and has generally contracted or expanded with the strength
or weakness of the Wahabee power at Riadk. We consider it most undesirable to raise
any questions as to what belongs to Turkey, what to Persia, what to Muscat, and what to
none of these Powers, nor in our opinion is any such definition of the territory which is
Independent Turkey, Persia, and Muscat at all requisite for the purpose of our jurisdic
tion, which, as a matter of fact, is and has long been exercised within the territories of
the minor Chiefs, whether claimed by the three greater Powers or not. As our juris
diction already exists and is justified by long* usage and sufferance, it appears to us
unnecessary to obtain any formal consent from the Chiefs, and inexpedient to cast any
doubt upon the validity of our jurisdictioa by applying for such consent.
18. As intimately connected with the subject of Consular jurisdiction in Persia and
the Persian Gulf, we would invite your Grace's attention to our despatch No. 7, dated
10th instant, relating to the proposed modification of the Commercial Treaty with Persia.
We also solicit consideration of our despatch No. 20 of this date, regarding a proposal put
forward by Colonel Pelly for the establishment of a tribunal for the adjudication of cases
in which British subjects are plaintiffs and Persian subjects defendants.
19. Your Grace will observe that we have instructed Colonel Pelly, on the comple
tion of his duty w 7 ith Sir B. Frere's mission at Zanzibar, to proceed to Constantinople for
the purpose of conferring with Sir P. Francis, and of arranging the draft of an Order in
Council, on the subject of Consular jurisdiction in Persia and the Gulf. We hope to be
favoured by your Grace with an opportunity of considering the draft before it is finally
passed.
We have, &c.
Enclosure 2 in No. 1.
The Secretary to the Government of India to the Acting Secretary to the Government
of Bombay.
Simla, August 25, 1871.
WITH reference to the despatch from Her Majesty's Secretary of State for India
to this Government, No. 67, dated the 31st of May, 1871, a copy of which, and of its
enclosures, has been forwarded to the Government of Bombay direct by the Secretary of
State, and in continuation of the telegram from this Office, dated the 10th of August,
1871, I am directed to state that, before any further steps are taken in the matter of
Consular jurisdiction in the Persian Gulf, the Yiceroy and Governor-General in Council
would, be glad to be informed, (1) what is the actual practice at present prevailing in the
Gulf as regards jurisdiction in cases where British subjects are concerned; and (2)
whether that practice has been found to be attended with any actual ill results.
2. His Excellency in Council also desires to be favoured with the opinion of the
Honourable the Governor in Council and the political authorities in the Gulf on the
point to what classes of British subjects the jurisdiction of the Courts to be established
under the scheme indicated in the Secretary of State's despatch should apply. It seems
to his Excellency in Council that there are obvious reasons for refraining from seeking to
try the crimes committed by, or adjudicate on the civil claims preferred by or against all,
without exception, of that heterogeneous body of men, who, from their parentage or