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obtained on condition that the building should be erected by Persian subjects,
and rented by them to the British Government.
577. The Government of India were of opinion that it might be considered
that British subjects in Persia had a right by Treaty to build houses in Persia,
and that the condition imposed was objectionable.
On Lieutenant-Colonel Prideaux’s reporting that arrangements had been
made for the construction of the building in conformity with the condition im­
posed, we approved his proceedings, and at the same time telegraphed to Mr,
Taylour Thomson—
" But is not stipulation that house must be built by Persians contrary to our Treaty
rights authorizing British subjects to build houses in Persia. If so, wo suggest that you
should notify Persian Government that acceptance of condition must not prejudice our
privileges under Treaty.”
578. Mr. Taylour Thomson stated to the Persian Government that the
acceptance of the condition
” docs not in any way affect or prejudice the privileges which we enjoy under Treaty
with respect to house property, and the erection of buildings in this country.”
579. Lord Salisbury, however, doubted whether we had right by treaty to
build houses in Persia, and asked for Lord Derby's opinion on the point :—
On this a memorandum was drawn up in the Foreign Office (London) which
shows—
(1) That the question depends on the construction to be placed on Article
V of the Treaty of Turcomanchai.
(2) That the stipulation made by the Persian Government that the build­
ing must be rented by Persian subjects to the English Telegraph Department
is clearly contrary to the stipulations of the Treaty of Turkomanchai.
(3) That it is questionable whether the right of British subjects to acquire
house property in Persia can be extended to the British Government.
(4) That foreigners do build houses in Persia without any opposition on the
part of the Persian Government.
(5) That although several houses have been built by the British Govern­
ment in Persia, it is doubtful whether the right can be claimed.
(6) That the pretensions of the Persian Government may be based on
the fact that under the provisions of Article XVIII of the Telegraph Convention
of 1872, the connection of the English staff with the Persian Government shall
cease on January 1st, 1895.
A perusal of the memorandum confirmed Lord Salisbury's opinion as to our
right to build houses being doubtful.
He considered it inexpedient to raise point (3) noted above, but with
reference to point (6) suggested than Mr. Thomson should be instructed
0 to abstain from entering into any controversy with the Persian Minister for Foreign
Affairs on the subject of the conditions attached
• Political A„ September 1876. No. 43.
in his note* of the 6lh June 1876, to the erection
of the new office, and that he should neither admit nor contest the validity of those con­
ditions, but confine himself to such steps as may be necessary to secure that the building
which is required for the comfort and health of the Telegraph staff, and which has
been a subject of, correspondence for more than three years, shall be erected and rendered
fit for occupation with the least possible delay.”
580. Before the step suggested was taken Mr. Thomson informed the Home
Government that he had addressed the Persian Government in the manner
suggested by the Government of India. In reply Mr. Thomson was placed in
possession of the views of the Home Government on the general points discussed,
and was at the same time informed that
“ provided the new Telegraph Office at Bushirc be leased to the Indian Government on
reasonable terms that Government can have no object in desiring to acquire in perpetuity
a building for which in less than 20 years they may have no further use.”