Page 172 - Gulf Precis (VI)_Neat

150 Part II.

this extraordinary proceeding camo to tho knowledge of the Governmont of
India, Colonel Nixon was told by telegram—
‘'Viceroy is surprised that you should havo taken upon yourself to appoint a successor to
Mr. Robertson without previous reference. Submit explanation, and meanwhile inform Mr.
Carter that his appointment is provisional only."
To this telegram tho following reply was rocoived :—
" Please explain to Viceroy that Mr. Carter was informed at outset that appointment was
contingent on approval of Government, Correspondence scut by post on 14-tli instant."
238. The explanation of Colonel Nixon was that lie had proposed tho
Cowi Niton to iho Government of India, No. appointment of Mr. Carter as Vice-Consul
25. d.ud 33rd Juno 1*77. in accordance with tho circular of Lord
Derby dated 0th November 1876. Colonel Nixon observed.—
“ My position here is somewhat peculiar for while my desire is to act in strict accordance
with tho wishes of tho Indian Government, still it must bo remembered that I liavo aslo to
net insubordination to tho English Foreign Office and our Ambassador at Constantinople.
239. Tho circular iu question is quoted below :—

Dated Foreign Office, London, Clh Novembor 1876.
From—Sib Julian Paunciifotb, Under Socrotarj of Slalo for Foreign Affairs,
To-British Yico-Consiil, Baghdad.
"With referenno to the circular despatch addressed to you by direction of the Eurl of Derby
on the 19th August last, in which you were informed that it is not competent to Consular
Officers to perform by deputy the Notarial Powers conferred on them by the Acts 18 and 19
Vie., Cap. 42, 1 am directed by His Lordship to acquaint you that he has decided, after
consultation with the Law Officers of tho Crown to provide in the following manner against
tho inconvenience which may consequently arise duriug the temporary illness or absence of a
Consular Officer.
The Acts confer Notarial Powers on certain Consular Officers therein designated, and
among others, on " Pro-Consuls." Tho distinction between an Acting Consul and a Pro-
Coosul would appear to he that whilo the former ib empowered to discharge all the functions
of a Consul during tho absence of that officer or any vacancy of hie office, a Pro-Consul hns
power only to discharge certain duties thrown upon him by h»s principal, who, though present,
is unable at the moment to perform them in person. The appointment of Pro-Consuls tor the
purpose of tho Act would, therefore, meet the requirement of the case, but, as it can only be
conferred by the Secretary of State, or under his express authority. Lord Derby has decided
to grant that authority to you, and you are empowered by the*c instructions to appoint
formally, on behalf of the Secretary oF Slate a Pro-Consul for the purposes of Section 1 of the
Ads lb and 19 Vic., Cap. 42, whenever, in your opinion, tho necessity for such an appointment
shall arise.
It must he 'distinctly understood, however, that this appointment is to be conferred on the
following conditions:—
1. It will give no claim whatever to salary or promotion in tho Consular service.
2. It will be revocable at any time by tho Principal Consular Officer at tho post, or by
the Secretary of Stutc.
8. Its functions will bo strictly limited to the oxcrciso of tho special powers conferred on
Pro-CousuU by the Act.
I am to request your altootion to tho following instructions :—
The appointment of a Pro-Consul will not bo allowed whero there is a Vice-Consul in
addition to a Consul, and on this account the Consul and Vico Consul should never botli he
absent from their posts at the 8amc time.
No salary being attached to the office of Pro-Consul, it will be expedient, as a general
rule, to confer the appointment on a salaried cleric attached to the Consulate.
The apj^rntmont of Pro-Consul shall in all eases take immediate effect from tho date
thereof, but whenever a previous reference to the Foreign Office can conveniently be made, it
is desirable that the sanction of the Secretary of Slatn to the appointment, should ho obtained.
Where this course has not been followed, the appointment should be immediately roported
to the Secretary of State, with a statement of the circumstances under which it was considered
noccarary.