Page 8 - Records of Bahrain (3) (ii)_Neat

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Records of Bahrain

Consular powers whioh would onablo liim to porform tho functions of a Notary
Public by virtuo of his offioo and, if you think.that thoro is sufficient justifica-
tion for tho grant of such powers, tho Govornmont of India will bo proparod to
considor any proposal which you may mako to this effect.
4. Tho Government of India aro awaro that tho peculiar status of Bahrein
may possibly render tho iuvestmont of Mr. Gaskin with Consular
somewhat anomalous proceeding, but tlioy aro disposed to think that no practical
difficulty noed bo apprehended from tho stop, and that there may bo advantages
in providing for tho oxoroiso of powor and jurisdiction over His Majesty’s
European subjects and others in Bahrein and on tho southern shoros of tho
Porsian Gulf by an Ordor in Council similar to that which has boon framed for
Maskat and for tho Persian Coasts and Islands. Tho Govcmor-Gonorni in
Council will, thoroforo, bo glad to bo furnished witli your opinion on this
proposal, togothor with any alternative suggestions whioh you may havo. to
offer.
4:
No. 10-S.A., dated Shiraz, tho 2nd July 1002.
From—LiBUTEKANr-Coi.ONBL C. A. Kbudall, Officiating Political Resident in tho
Poreiau Gulf,
To—Tho Secretary to tho Govornmont of India in tho Foreign Department.
I havo the honour to acknowledge tho receipt of your letter No. 914-E.A.,
dated Gth May, in which, after pointing out the impracticability of tho proposal
submitted by me for the investmont of tho Assistant Political Agent' at
Bahroin with certain notarial powors, you say that it is a mattor for consider­
ation whothcr the Assistant Political Agent should not bo invested witli Con­
sular powers which would enable him to perform the functions of a Notary
Publio by virtuo of his office.
2. In my opinion, considering the requirements of Bahroin and tho naturo
of our representation there, it is not necessary nor advisablo that tho Assistant
Political Agent should havo more than Vioo-Consular rank, which could, ns in
the case of tho Vice-Consul at Bushirc, bo conferred on him by warrant of tho
Consul-General at Bushiro. At piescnt, howovor, tho Consular jurisdiction of
tho Itcsidont at Bushirc does not extend beyond tho Persian side of tho Gulf
and tho islands appertaining thereto, and although tho question of Consular
jurisdiction for Bahroin and tho Arabian Coast of tho Gulf was considered at
tho time when tho Persian Coast and Islands Ordor in Council was drafted—
vide paragraph 6 of tho Despatch No. 110-External, dated 22nd July 1857,
from the Government of India, to the Secrotary of Slato for India—it is not
clear to mo whether at that timo the issuo of a separato Ordor in Council for
that sido of tho Gulf was contemplated. The simplest solution of tho question
would bo to extend the Resident's Consular jurisdiction in tho required direc­
tion without tho issue of a separate Order in Council. Ho could thou issuo a
warrant appointing Mr. Gaskin to he Vice-Consul at Bahroin. Mr. Gaskin
would thus bo enabled by virtuo of his office to perform tho functions of a
Notary Public, and tho powers conferred upon him would, for all tho present
practical requiromonts of Bahrein, bo ample. If, howover, a separato Order
in Council is requirod, it should, I think, bo framed with a viow to extend tho
Besident's Consular jurisdiction and not to crcato a sop.arato and indepondont
Consular appointment as nt Maskat.
3. At tho same timo, I am inclined to doubt whether tho requiromonts
of tho caso justify tho issuo of a separato Order in Council to provido for
Consular jurisdiction at Bahrein and tho olhor plaocs in tho Gulf not alroady
provided for by Orders in Council. Tho Assistant Political Agent is already
invested with magisterial powers in criminal oases ovor British Indian
subjects, and thero aro at present no European British subjocts at Bahrein.
Tho want, thoroforo, of Consular jurisdiction has not hitherto bcon felt to any
appreciable oxtont, and the object of my lettor No. 7, dated 10th January, was
merely to suggest that notarial powors should boconforrod upon tho Assistant
Political Agent so as to cnablo him to porform certain notarial functions and
levy feos for so doing. As a matter of fact, Courts in India aro not, I think,
Jikoly to dispute tho validity of tho Assistant Political Agent’s attestation of
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