Page 231 - Gulf Precis (VII)_Neat

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CHAPTER VI.
British extra-territorial jurisdiction on the Persian Coast and Islands.

(xxxix) The early difficulties of our Agents in exercising jurisdiction.
299. The history of the British extra-territorial jurisdiction on the Persian
Coast and Island is a long and complicated one. No serious attempt was made
until recently to place our jurisdiction in the Gulf on a clear footing : the British
commercial interests in Persia were after the flutter of about a decade at the
commencement of the 19th century relegated to an obscure corner in our foreign
policy until the treaty of 1857 secured to us the most favoured nation’s treatment.
Even then it took some 15 years before the Resident on the Gulf was invested
with.consular powers, and it was only in 1889that a Persian Coast and Islands
Order in Council was passed, which authorized him and his assistants to
exercise certain judicial powers. Until that year a good deal of correspondence was
carried on with a view to clear our jurisdictional position on Persia. We had to
resort to many a makeshift for exercise of judicial powers by our officers. In this
precis an attempt will be made to unravel the tangled skein of the endless corres­
pondence and discussion on the subject.
300. Under article 2 of the Commercial Treaty of 1841, it was agreed that
the British Government could maintain two commercial agents in Persia, one at
Tabriz, who alone would be honored with the privileges of a Consul-General, and
the other the Resident at Bushire. There is no provision in the treaty for
appointing the Resident at Bushire to be a Consul.
301. In 1844 Major Hennell having applied to be vested with consular
powers, the proposal was referred to the Court of Directors and it was held by
them that the grant of consular powers would be inconsistent with the Com­
mercial Treaty referred to above (despatch of the Court dated 12th March 1845).
302. In 18^5 Captain Felix Jones referring to the Act 18 and 19 Vic.
Chapter XLII and Her Majesty's order in council dated 1st May 1855 suggested
that the Resident at Bushire, without being named a Consul-General should be
granted the full powers and privileges of that office, with a view to legalize the
awards, decisions or sentences that might be pronounced by him on matters com­
ing before him, more particularly in respect to those bearing upon seamen and
mercantile shipping interests abroad. It was pointed out by the Bombay Gov­
ernment to Commander Jones that, in making this suggestion, he seemed to have
lost sight of the despatch of the Court of Directors of 1845, cited above, which
it appeared to the Government to militate against the adoption of the arrange­
ment he had proposed. Copy of Commander Jones’s letter was sent to the Court
VI of Directors, who approved of the reply
Volume jof 1856.
given by the Bombay Government to Com-
mander Jones (despatch No. 25 of 21st May 1856),
300. In 1856 Pachabhoy Tejsee, a merchant of Bombay, solicited the aid of
Political A., December 1871, Nos. 376-383 Government to enable him to recover a sum
(No. 380). of money alleged to be due to him by the
Chief of Lingah, and the matter having been referred to the Political Resident
that officer despatched an Indian navy vessel to Lingah with the object of
procuring payment of the claim (Krans 1,500).
“The object of the Clive's visit (instructions for commander) is to impress upon the
Shaikh of Lingah the necessity of complying with demands which had been long evaded
under some pretext or other. For this purpose a firm tone should be adopted by her
commander without committing us to any direct course of action, dependent, as that is, on
the policy which Her Majesty's Minister in Persia may deem fit to adopt for the recovery
of claims upon parties now living under Persian protection on the shores of this Gulf. But
you may authorise him to decline receiving either letter or excuse in reply to my demand,
but that on expiration of the period named, if the money is not received, he may quit the
port on his return here, intimating to the Shaikh that he may now expect to be dealt with,
in another form."
301. This proceeding was approved by Government, with the exception of
the threat held out at the close of the instructions. The Honourable the late