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by birth and unless he had changed his nationality he was entitled to a passport
as such. The father, however, had taken up his residence at Lingah in the ser­
vice of a British Company. On reference to the Government of India, they held
that this circumstance by itself did not deprive him of his status as a naturalized
British subject. Bahrein was not a Persian possession, but the present status of
the applicant’s father would not affect the applicant ; there appeared in the cir­
cumstances stated no valid reason for refusing the passport applied for (No. qi c-
Ii., dated 28th April 1000).
(lxii) Status Of Messrs. Malcolm of Bushirc, 1872.
410. Messrs. Malcolm of Bushire had for many years been treated as British
protdgds, though Persian subjects, but this
Political A., June 1872, Nos. 271-302.
privilege was contested by the Persian
authorities in 1871. The history of the family is told in Colonel Polly's letter
No. 55—19, dated 13th January 1872, to the Bombay Government:—
1st.—A period of more than half a century has. elapsed since the grandfather of the
present protdgds was introduced to British protection ; and, on more than one occasion, he
was in charge of this Residency during the absence of the Resident.
and.—On the 10th December 1830 (that is to say, more than forty years ago), the
father of the present proteges was placed under
Vide enclosure No. aSgo of 1830.
the protection of this Residency by His Excel­
lency the then Governor of Bombay on the ground of the claims of his family on the Bri­
tish Government.
3rd.—On the 13th August 1845, Her Majesty’s then Minister at Tehran instructed
Vide enclosure to Sir Juitin Sheil's despatch ol 3rd this Residency that * the Earl of Aberdeen had
August 1845. given his sanction that British protection should
be extended to Mr, Malcolm and his brothers!'
4th.—In 1849 the question of Messrs. Malcolm paying duty at five per cent, as a Bri­
Vide Colonel Farrant’* despatch to Major Hennell, tish subject arose, and Lord Palmerston directed
dated isthAucuit 1849, and endosuic. Messrs. Malcolm to be. informed that persons
Alto Major Hennell’* letter to Colonel Farrant, No. “entitled to British protection," and claiming it,
253, d«ted loth September 1849.
“must pay duties like British subjects.”
Messrs. Malcolm elected to pay the five per cent, duty, and have, I believe, continued to
pay it down to this day.
5th.—When the war with Persia broke out in 1846-57, the Malcolm family were con­
sidered and treated as British subjects, were removed accordingly on boardship, and suffer­
ed iu their trade and general interests, in common with other British subjects.
6th.—The present proteges, whose right to protection is now called in question by the
Persian Minister for Foreign Affairs, were included among the families enjoying British
protection, as above set forth before the war.
Kid* Mr. Alison’s letter of Sth September quoted io yth.—At the conclusion of the war, “ it was
my letter to Mr. S. Malcolm, dated 3th October 1871, •clearly understood between Earl Cowley and
enclosed.
Fcrrokh Khan that the renunciation of the right
of protection was not to have a retrospective action."
6th.— That after the conclusion of the war, the then British Minister, Sir Henry Raw-
Kid# Mr. Alison's letter of sth September to my ad- linson, included the names of the Malcolms in a
dress.
list of British protdges, which he submitted to
Her Majesty’s Government in i860.
glh.—Earl Russell, in his despatch No. 64 of the 25th August i860, instructed His
Vide enclosed paragraph 4 of Mr. Alison's despatch Excellency, Mr. Alison, “ that no person now en-
No. 157 Of 3rd November .871, to Earl Granville. joying British protection should be deprived of
it.”
• /oM.—-That from the date of the Persian war down to the present time the Malcolm
family have continued to receive British protection, and to pay the duties laid down by
Treaty for British subjects, and this with the cognizance of the Persian authorities and
Government.
nth.—That even in the very instance on which the question of their protection is now
re-opened, the Persian Government in the first place ordered their local Governor to
reimburse Messrs. Malcolm on the application of Her Majesty’s Minister.
/2/A.—- In 1866 the British Consul at Tehran, addressiug one. of the family, stated
Vide Mr. Giro's letter enclosed ef totb August 18(6 ” Mr. Alison has distinctly informed the Persian
to Mr. Malcolm. . Government that he is bound by the Foreign
Office instructions of Lord Aberdeen in 1843 to protect you.”