"مراسلات ومذكرات تفاهم تتعلق بالسلطة القضائية للقنصلية في بلاد فارس، ١٨٧٣-٧٤" [و‎‎١‎٢‎٩] (٤٨/١٥)

Government ot India was different from the instructions contained in the despatch of the
Secretary ot State, and tliat it wouid have been impossible for me to infer from the
tonner document—
1st. I hat the letter of the Foreign Office to the India Office, dated 17th May 1871
had ever passed. j> >
2nd. That T was called on to determine what Orders in Council were required to
conter jurisdiction on islands or places in the Persian Gulf not subject to Turkey Persia
or Muscat. J ^ '
r Pl at ^cessary, 1 was ■to lake steps" for procuring "the requsite assent
horn the Kulers ot those territories," and
4th. That the Secretary of State had "fully empowered Colonel Pelley to represent
Indian interests m the matter of Consular jurisdiction.*
o. As at present informed, I heg most respectfully to submit that in my opinion it
is not either necessary or expedient to obtain the assent of the Rulers of the territories
m question, f
6. By usage and sulference we have long exercised, and do now exercise, every
power and jurisdiction over our subjects commorant in the territories of the above-named
rudai < nieidoms, that could be contemplated by the Foreign Jurisdiction Act and
Orders in Council framed under its provisions, while to propose a fresh Treaty Article
would appear to the Chief.-i supererogatory, and might awaken suspicions in their minds,
especially at a time when Turkish intrigues have so recently disturbed the Arab coast
line.
cr t '• liK preparation oi the Orders in Council and my communications with
bir 1 hilip Francis, who is instructed to settle in communication with me the question of
Consular junsdiction in the Persian Gulf, 1 can only refer Government to my previous
letters, in which 1 have earnestly urged the advisability of my meeting Sir Philip Francis
m person at Constantinople, a step in the ■ advisability of which Sir Philip, 1 believe
concurs.]: '
b, Bj, such meeting I could readily communicate whatever local experience and
observation might suggest ; I could observe the working of the Courts at Constantinople,
and discuss with Sir Philip the question of the proposed important alteration in the
omnieicial Tieaty with Persia, having for its object the better and more equitable
adjudication of disputes wherein British subjects may be plaintiffs and Persian subiects
defendants.§
. .P* ^ am P rooee ^i n g 10 Kurrachee and Bombay by the outgoing mail steamer on
privilege leave, and, should his Excellency in Council approve my suggestion. I could
readily curtail my leave, and proceed at any moment to Constantinople But should my
suggestion not be approved, 1 would equally solicit the favour of an instruction to such
effect.
N.B.—Copy sent to India Office.
The Secretary to the Government of India
to the Actiny* 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. G7, dated the 31st
of May, 1871, a copy of which, and of its
inclosures, 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
The Secretary of State for India to the
Government of India.
India Office, London, May 31, 1871.
In continuation of my despatch No. 105
of the 30th September, 1870, on the
subject of applying the provisions of the
Foreign Jurisdiction Act to Persia and the
Persian Gulf, I transmit herewith copy of
a further correspondence with the Foreign
Office, || from which you will learn that it
has been arranged that Colonel Pelly and
Sir P. Francis should enter into communi-
* Vide paragraph 3 of Mr. J. C. Melvill's despatch dated April 24, 1871, to Foreign Office. Extract
appended.
f Kasool Khymah, Shargab, Omul Gowain, Ejman, Debai, Aboothabee.
X Vide paragraph 1 of the despatch from the Secretary of State of May 31, 1871 ; my letters dated May 6.
May 23, and December 14, 1871. Vide accompanyment to my letter dated May 20, 1871.
^ Vide my letter dated September 16, 1871 ; Government Resolution, dated April 19,'1872; my letter, dated
June 1, 1872; Government letter, dated Julv 3, 1872.
D Foreign Office, March 10, 1871, with inclosures; to Foreign Office, April 24, 1871 ; Foreign Office,
May 17, 1871, with inclosures; to Foreing Office, May 31, 1871.
[87] E