"مراسلات ومذكرات تفاهم تتعلق بالسلطة القضائية للقنصلية في بلاد فارس، ١٨٧٣-٧٤" [ظ‎‎١‎٢‎٩] (٤٨/١٦)

14
state that, before any further steps are
taken in the matter of Consular jurisdic
tion in the Persian Gulf, the Viceroy 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 result.
His Excellency in Council also desires
to be favoured with the opinion of the
Honourable the Governor in Council and
political authorities in the Gulf on the
point to what classes of British subjects
the jurisdiction of the Courts to he esta
blished 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 pre
ferred by, or against all, without exception,
of that heterogeneous body of men, who,
from their parentage or residence in one or
other of the many British possessions
scattered over the world, can claim the
rights of British subjects under circum
stances which may render it extremely
difficult to ascertain how far the claim
is well founded. Unless, therefore, good
ground be shown for doing otherwise, it
would seem to the Governor-General in
Council that if, on receipt of the report
now called for, it be decided to push this
matter further, the jurisdiction of the
Courts to be established should be confined
to persons born of wholly British parentage.
cation with a view to the settlement of the
question of Consular jurisdiction in the
Persian Gulf.
2. I desire that you will convey the pur
port of the accompanying correspondence
to Colonel Pelly and instruct him in the
first instance, in compliance with the
Foreign Office letter of the 17th May,
1871, to determine, for communication to
Sir P. Francis, what Orders in Council are
required to confer jurisdiction on islands or
places in the Persian Gulf not subject to
Turkey, Persia, or Muscat, and to take
steps, if necessary, to procure the requisite
assent from the rulers of these territories.
3. A copy of this despatch, with inclo-
sures, has been forwarded to the Govern
ment of Bombay.
Extract from a Despatch from the Under-Secretary of State to the Under-Secretary
for Foreign Affairs.
A copy of a letter from Colonel Pelly, dated 22nd October, 1870, addressed to the
Bombay Government, is transmitted herewith, for the information of Earl Granville, and
for communication to Sir P. Francis, and his Grace desires me to add that Colonel Pelly
is fully empowered to represent Indian interests in this matter, and that, unless in the
event of a diversity of opinion between Sir P. Francis and him, there would appear to
be no necessity for any reference to this office on the subject of the application of the
Act to Persia.
Inclosure 16 in No. 1.
The Secretary to the Government of India to Colonel Pelly.
Fort William, January 24, 1873.
WITH reference to the correspondence ending with your letter to the address of the
Bombay Government, 30th September last, on the subject of Consular jurisdiction in
Persia and the Persian Gulf, 1 am directed to forward, for your information, copy of a
despatch addressed to the Secretary of State; a copy of the Order in Council, dated
4th November, 1867, is also inclosed.
2. His Excellency in Council desires that, on the conclusion of your present duty