Page 236 - Gulf Precis (VII)_Neat

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«' Lord Granville thinks it advisable that you should render such assistance as may be
in your power with regard to the preparation of the orders and rules. Colonel Pelly will
afford full information with respect to all local matters and questions of detail. It will be
well that you should communicate with Sir H. Elliot with regard to the position taken by
Her Majesty’s Government as to the sovereignty of place claimed by the Porte, and it is
only necessary for me to add that appeals Jrom Courts in the Persian Gulf should be to
Bombay.

“In framing any order on this subject, you will not fail to bear in mind the recital
in the preamble of the Foreign Jurisdiction Act, in virtue of which any such order can
alone be issued, viz.,—' Whereas by treaty, capitulation, grants, usage, sufferance, and
other lawful means. Her Majesty hath power and jurisdiction with divers countries and
places out of Her Majesty's dominions,’—and be satisfied that by one or other of such
means Her Majesty hath power and jurisdiction in the country to which the order
applies."
322. On the 5th of June 1871 Colonel Pelly forwarded dcmi-officially an
extract from a demi-official letter from Sir P. Francis to him on the above subject.
Sir Phillip urged the advisability of Colonel Pelly proceeding in person to
Constantinople to discuss the draft order. “ We can do more,” he said, “in 14
days’ personal communication than by three years' writing." He was of opinion
that the matter should be devised and worked by Indian officers, and also that
affairs in the Gulf should be under the Government of India, and not the
Foreign Office.
323. In a previous demi-official, dated 2nd May, Colonel Pelly alluded to the
above letter of Sir Phillips. He pointed out how advisable it would be to have
Gulf affairs under one authority. He said : " Going on with undefined and mingled
authority only leads to confusion, jealousies, and general injury." He thought
that the Government of India should be the controlling authority ; but, in which­
ever way it was decided, he strongly urged the principle of unity of authoriiy.
Colonel Pelly's wishes in this matter had already been met by the decision
of Her Majesty’s Government that appeals from the Courts sitting under the
Foreign Jurisdiction Act in the Persian Gulf and Gulf of Oman should lie to the
Bombay High Court.
324. The Bombay Government were told to suspend any orders that might
have been issued on Secretary of State’s
No. 180S-P., dated 25th August 1871.
despatch No. 67, dated 31st May 1871.
The Bombay Government were also asked to inform the Government of India,
before any further steps were taken in the matter of Consular jurisdiction in the
Persian Gulf, (i) what was the actual practice at the time prevailing in the Gulf
as regards jurisdiction in cases where British subjects were concerned; and (2)
whether that practice had been found to be attended with any actual ill results.
The letter of the Government of India proceeded to say :—
“ His Excellency in Council also desires to be favoured with the opinion of the Hon'ble
the Governor in Council and the Political authorities in the Gulf on the point, to what
classes of Britsh subjects the jurisdiction of the Courts to be established 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 com­
mitted by, or adjudicate on the civil claims preferred by or against all, without exception,
of that heterogeuous 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 circumstances 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 es­
tablished should be confined to persons born of wholly British parentage."
325. With their letter No 6137, dated 26th October 1872, the Bombay Gov­
ernment submitted Colonel Pelley’s views on the general question of the settle­
ment of disputes between British subjects and prottgis on the one hand, and
Persian subjects. Colonel Pelly confessed that the time seemed fully arrived when,
owing to the development of our commerce in those regions, and to the conse-
quent complication of interests, the Residency should acknowledge that, having
no jurisdiction, it could not adjudicate; and that the safest and necessary course