Page 297 - Gulf Precis (VII)_Neat

153
The Persian Minister for Foreign Affairs, in his note to you of the 25th of December
last, admits in effect that Her Majesty's subjects arc entitled to the same treatment in
respect of the privilege in question as Russian subjects under the Commercial Treaty of
Turkomanchai, the 5th Article of which Treaty clearly stipulates for this privilege
in favor of Russian subjects without limitation. The introductory words, as to the
difficulty of hiring houses, merely slate the reason for the subsequent express stipu­
lation ; they do not in any manner limit or qualify this stipulation, or make it dependent
on the difficulty or facility of hiring houses, and arc not fairly susceptible of the meaning
which the Persian Minister for Foreign Affairs seeks to give to them in his notes to
you of the 25th of December and 27th of January last: any such limitation or qualifica­
tion as suggested by Mis Excellency must, in order to be valid, be founded on the
express terms of the Treaty, or be derived by necessary implication therefrom ; and
this cannot be established, 't he construction contended for would, moreover, practically
enable the Persian Government to limit the stipulated privilege at its own uncontrolled
discretion, contrary to the spirit as well as the terms of the Treaty. The stipulations of
the 1st Article of the Commercial Treaty of Turkomanchai will also apply to this des­
cription of property (’* immcubles ”).
You will act in this matter in accordance with what is stated above.
566. In July 1867, however, the Persian Foreign Minister issued orders
that no landed property should be sold to
Political A., October 1867, No. 243.
the British subjects or subjects of other
nations. This was explained by the Persian Foreign Office Agent at Bushire to
mean that no houses, habitations or plain ground could be sold to British
subjects or dependants or Persian subjects in British employ (Foreign Office
Agent’s letter to the Residency Munshi, dated 2nd August 1867).
567. The Bombay Government told the Resident to inform the Foreign
Office Agent that the Persian orders were in violation of the terms of the treaty
and could not accept them.
568. On the 23rd January 1868, the
Political A., March 1868, Noj. 35-26.
Foreign Agent sent to the Resident the
order passed by the Governor of Bushire:—
The following is a list of British subjects and dependants for whom and in whose name
the Law Court authorities should not, according to orders issued from Tejtran, seal or register
the“ Sceghah ” for any deed of sale of land property, whether house, permanent dwelling,
or plain ground, in the town or in the country

The Resident.
Mr. James Edwards.
Residency Surgeon.
Residency Apothecary.
Telegraph Officers.
Mr. Joseph Malcolm and his Mahomedan servants,
Mr. Arratoon Constantine and Mahomedan servants.
Hajee Ebrahim Mehmany and his servants.
Agents of Ships (Mail Steamers).
British Merchants.
Resident’s servants and all other British dependants, whether Indian or
Persian.

569. In 1868 Her Majesty’s Minister succeeded in obtaining the concession
Political A., November ,863. No,. . ?f P®?""? H°USe? t0 **° BJitisl? «b-
Political a., August iSd8, No*. 327-330. > jects, but the h oreign Office thought that
he must consist on the principle being made generally applicable, whenever
necessity might again arise for doing so. It did not amount to an acknowledg­
ment of an undoubted Treaty right.
[S640FD]