Page 213 - Gulf Precis (VI)_Neat

Chapter X. 187
(3) tho especial rights of the Tigris and Euphrates Steam Navigation
Company.
78. After reviewing tho correspondence above referrod to up to tho year
1875 he observed : —
" Tho propositions which I venture to think arc established by the corrospondcnco dealt
with iu tho preceding paragraphs arc—
(1) That (he British Government has under the Firmans ofl33t and 18*11, which
have been confirmed by tho Vizirial letters of January 1801 and July 1862, the
right, subject to certain special conditions, to navigate tho river Euphrates with
two steamers “ for the purposes of trade."
(2) That under the arrangements of lSlG,also confirmed in tho Vizirial letters of 1801
and 18G2, British merchants are at liberty to navigate tho Tigris and the Eu­
phrates under the British flag and without any restriction as to the number or
dcscriplion of the vessels employed, subject to the payment of the stipulated
dues.
(8) That the Euphrates and'Tigris Steam Navigation Company, represented by Lynch
& Co., have no Firman granting thorn an exclusive privilege to navigate Tigris
with two and only two steamers. Their rights really depend on the arrange­
ment of 1816, and so far are neither greater nor less than those which may bo
claimed by any British merchant."
79. As regards the question of the barges, Mr. Plowden observed:—
“Tho letter from the Local Agent of tho Euphrates and Tigris Steam Navigation Com­
pany, referred to in paragraph 2 of this despatch, deals with the particular question of the right
of the company to two barges. Air. Blockoy’s argument is, first, that tJio company (or rather
Lynch & Co., to whose lights the company had succeeded) has for years employed country
boats in the river trade, and that these boats have, when occasion required, been towed by tho
steamers, and that no objection has been made. If they may tow boats laden with cargo, why
may they not tow barges? Again, the Tight to have two steamers necessarily implies the right
to use them in any and every way in which a steamer can ba ordinarily used ; it is absurd, Air.
Blockcy contends, to say that the company’s steamers may be employed to carry cargo but not
tow it. 1 think these arguments are entitled to consideration. And in support of Air.
Blockey’s assertion as to the frequent use of barges on the Tigris, I may cite tho example of
the Turkish steamers on that river.
80. Mr. Plowden concluded his report with the following remarks :—
“In my endeavour to suggest an answer to tho question propounded in Your Excellency’s
letter, I have hitherto drawn only upon the correspondence on record in my office, which speci­
ally relates to the navigation of the Tigris and the Euphrates. 1 beg further to cite Article
XXIII of tho Capitulation and Article VIII of the Treaty of Commerce of 18G1. Article
XXII, which is confirmed by Articles I and II of tho Treaty of 1SG1, empowers British subjects
to buy, sell and trade in tho Sultan's dominions and to “ load and transport in their ships every
kind of merchandise at their pleasure without experiencing any tho least obstacle or hindrance
from any one.’’
Article VIII provides “all articles which are or may be legally importable into tho domin­
ions and possessions of Her Britannic Majesty in British vessels, may likewise be imported in
Ottoman vessels without being liable to any other or higher duties or charges, of whatever ■
denomination, than if such articles were imported in British vessels; and reciprocally, all arti­ j
cles which are or may be legally importable into the dominions and possessions of His Imperial
Majesty the Sultan in Ottoman vessels, may likewise be imported in British vessels without
being liable to any other or higher duties or charges, of whatever denomination, than if such
articles were imported in Ottoman vessels. Such reciprocal equality of treatment shall tako
effect without distinction, whether such articles come directly from the place, or from any other
country.
In tho samo manner, there shall be perfect equality of treatment in regard to exportation
bo that the same export duties shall be paid, and the same bounties aud drawbacks allowed, in
the dominions and possessions of either of the Contracting Parties, on tho exportation of any
article which is or may be legally exportable therefrom, whether such exportation shall take
placo in the Ottoman or in British vessels, and whatever may be the place of destination,
whether a port of either of the Contracting Parties or of any third Power.
I submit that a plain and fair construction of these two Articles confers on British subjects
the right to engage in trade, internal aud forcigu, anywhero in Turkey; to load merchandise
and transport it iu their ships from one part of the Sultan’s dominions to another part; and to
employ under identical conditions British merchant vessels iu any part of tho Turkish Empiro
in which Ottoman vessels may bo employed, just as reciprocally in British dominions Ottoman
vessels may go wherever British vessels may go. Tho terms of these Articles aic comprehen­
sive and ranko no reservation in favour of tho Tigris or Euphrates or any other river. And as
it is a fact that Ottoman merchant steamers ply up aud down the Tigris, it scorns to me that
British vessels are also entitled to navigate these rivers for purposes of commerce.