Page 243 - Gulf Precis (VII)_Neat

99
Appeals from subordinates in the Gulf should be first to the Resident or Consul-General
and then to Bombay. Appeals from Gwadur should, as in the case of Muscat, be to
Bombay direct. The general executive control should be with the Government of India,
and in this respect we consider that the Muscat Order should be modified. Should a
Consul-General be appointed as a Court of Appeal, it is a question for consideration
whether the limits placed by the Muscat Order on the power of fine and imprisonment
may not be properly enlarged.
17. In paragraph 2 of Your Grace's despatch No. 67-C., dated 31st May 1871, we
were instructed to take steps if necessary for procuring from the Rulers of those islands
or places in the Persian Gulf, not subject to Turkey, Persia, or Muscat, their assent to the
exercise of jurisdiction within their territories. We have not, however, considered it
necessary to take any definite action in this matter. Your Grace is aware that the pre­
tensions of Turkey on the Coast of the Persian Gulf are of the most indefinite kind, and
that to all the territory which she claims Persia puts forward equal pretensions. The
Muscat boundary is indefinite, and has generally contracted or expanded with the strength
or weakness of the Wahabcc power at Riadh. We consider it most undesirable to raise
any question as to what belongs to Turkey, what to Persia, what to Afaskat, and what
to none of these Powers, nor in our opinion is any such definition of the territory which
is Independent Turkey, Persia, and AJaskat at all requisite for the purpose of our
jurisdiction, which, as a matter of fact, is and has lotto been exercised within the terri­
tories of the minor Chiefs, whether claimed by the three greater Powers or not. As our
jurisdiction already exists and is justified by long usage and sufferance, it appears to us
unnecessary to obtain any formal consent from the Chiefs, and inexpedient to cast any
doubt upon the validity of our jurisdiction by applying for such consent.
18. As intimately connected with the subject of Consular jurisdiction in Persia and
the Persian Gulf, we would invite Your Grace's attention to our despatch No. 7, dated
xoth instant, relating to the proposed modification of the Commercial Treaty with Persia.
We also solicit consideration of our despatch No. 20 of this date, regarding a proposal
put forward by Colonal Pelly for the establishment of a tribunal for the adjudication of
cases in which British subjects are plaintiffs aud Persian subjects defendants.*
333. There was then a protracted correspondence on the several points
noted above. The question of concluding a Commercial Treaty with Persia
would, it was apprehended, take too long a time to make it convenient to wait
before passing an Order in Conncil. Accordingly a draft order was prepared by
Mr. Reilly applying the Foreign Jurisdiction Act to the Persian Coast and Islands
and was forwarded by the Secretary of State to the Government of India. The
Bombay High Court and the Political Resident in the Gulf were consulted on the
subject. Upon consideration of their replies the Government of India were
inclined to propose considerable changes on the draft order which seemed to them
in some respects unnecessarily elaborate, having regard to the judicial work devolv­
ing on British Courts on the Gulf. In the meanwhile the Government of India
were informed that their recommendations on the draft Order in Council for Zanzi­
bar were urgently required. The accordingly submitted a revised draft order with
certain observations in their despatch No. 2, dated 28th August 18S2. They
thought that in the case of Zanzibar Order in Council it would be sufficient to
commence by extending only those enactments which were obviously necessary
for the administration of the simplest system of civil and criminal justice. In
regard to the Persian Gulf, it was thought advisable to await an expression of
views of His Majesty's Government on the despatch referred to above before
applying the same considerations to places where our position was much less
definable.
334. The Zanzibar order was passed in December 1884, and shortly after­
wards the Government of India were informed by the Secretary of State that
Her Majesty’s Governmont left it to our discretion to proceed in the matter of
the draft order for the Persian Coast and Islands in the Persian Gulf. A draft
order was then prepared by the Government of India more or less on the lines of

• The practice at this time is explained io the following paragraph in the Gulf Administration Report for,i873-
74-
“The local civil suits and complaints of various sorts which are brought to the British Residency at Bushire
are numerous. When possible the«e aro disposed of on ’.he spot, but when that is not practicable, and when
Persian officials hold different views from the Resident, appeal has to be made to the capital and, when necessary,
tho support of Her Majesty's Minister is solicited. A case ofsomo importance with regard to shipping interests
occurr ed at Bushire during the year under review. A British steamer was found to be on fire on the roa.is and had
to discharge her cargo, most of which was for Basra. Tho Governor of Bushire preferred a claim first for one-
third of the «hole cargo as salvage. Secondly, for customs duty on all tho cargo landed temporary for safety
and subsequently re-shipped. The ca>c having been referred to Her Majesty's Minister and the Persian Cover
nsnt, both uaims were eventually disallowed."