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I consider it advisable, therefore, to explain that in my opinion the failure of the
mission above referred to had nothing whatever to do with the causes mentioned.
I am confident that no other Commissioner, whatever his capacity might be, could have,
under the circumstances and considering the nature of his instructions, done anything
more than the Special Commissioner whose mission proved a failure. Neither can this
i failure be attributed to the frequent changes in the Local Government. Bushirc, it is true,
was after the departure of the Darya IJcgi left without a regular Governor for sometime)
but His Excellency the Salar-i-Moazzcm, the present Governor, has now been in Bushire
j
for some months, and lie could have been directed to assist the Special Commissioner if
a real desire to bring about a settlement of our long-standing claims had existed. I have
thought it as well to make the above observations, as I consider that the explanation given
of the failure of the Special Commissioner’s mission should not be allowed to pass un-
noticed.
With regard to the Mushir-cd-DowIch’s statement that lie had directed the new
Karguzar to take up the cases in earnest, I am entirely sceptical as to the prospects of
speedy settlement by this means. As I have pointed out in a separate despatch, the new
Karguzar, however capable an official he may be—and the Mohtisham-el-Vezarch is
certainly a capable official—has not the authority requisite to bring about a settlement
of even recent claims, and until his position with regard to the Governor is defined, it will
be useless for us to refer any of our long-standing claims to him. Many of these claims, as I
have already pointed out, arc in reality against the Persian Government itself, and it is
clear that it will be useless to refer claims, such, for instance, as those which have arisen
on account of goods stolen from the Customs years ago, to the present Karguzar or
Governor for settlement. If the Persian Government merely wishes to satisfy itself by a
fresh inquiry that the claims arc just, then I see no objection to the present Karguzar
conducting such an inquiry, but it should be clearly understood beforehand that the
Persian Government accepts the responsibility for the payment of those claims which are
proved to be just, taking its own measures subsequently to recover the amounts paid from
the persons held to be responsible.
(Ixxviil Claim of Messrs. A. and T. Malcolm of Bushire, owing to withdrawal of
concession granted to them by the Persian Government for working the oxide
of iron (red ochre) mines in Ormuz, 1899.
538. Messrs. A. and T. Malcolm, merchants at Bushire, obtained a con­
cession for the working of the oxide of iron (red ochre) mines in the island
of Ormuz in the year 1897, and received, as is usual in such eases, a firman
from the Persian Government, countersigned by His Majesty the Shah Mozaffer-
ed-Din.
Shortly after the acquisition of this firman the concessionaires took
possession of their mining properties in the island, and commenced work on
what appeared to be a very valuable monopoly.
539. Previous to the arrival of Messrs. Malcolm on the scene, the mines had
been worked by the Moin-ut-Tujjar, a merchant well known in Southern Persia
as a rival of Messrs. Lynch & Co. on the Karun river, where he has for years
carried on business under the name of the Nasiri Company. It may be mentioned
in this connection that the greater part of the opposition we have hitherto
experienced on the Karun can be traced to the Nasiri Company, and indirectly
therefore to the Moin-ut-Tujjar. This gentleman contested the rights of Messrs.
Malcolm & Co., obtained under a concession granted by Mozaffer-ed-Din Shah, and
produced a document issued in the time of Nazr-ed-Din Shah, purporting to give
him the monoploy of all mining rights for a long term of years. The Persian
Government, without waiting to discuss the relative merits of the firmans and
documents held by the two parties, and without reference to this Legation, seized
the properties and transferred them to the Moin-ut-Tujjar. Messrs. Malcolm & Co.
at once protested and appealed to Her Majesty’s Legation to protect them.
540. The question at issue between the two parties was one of Persian law
and custom, and turned on the right of the Persian Government to issue and
cancel at their own will and pleasure, firmans granted to private individuals.
54?. As both parties were willing to allow the question to be decided by the
highest authority in the country, that is, by the Sadr-i-Azam, Mr. Hardinge, Her
Majesty’s Chargd d’Affaires, agreed to transfer the case to his decision and
to abide by his arbitration ; but insisted on the retransfer of the mines to Messrs.