'Précis of the Affairs of the Persian Coast and Islands, 1854-1905 By J A Saldanha, BA LL B' [‎52v] (104/212)

"Lord Granville thinks it advisable that yon should render such assistance as may he
in y ou ^with regard to the P^-.on of the^orders angles, ^olone, Pelly^dl
we^that'ymiThouId 0 com'niun^cate with Sir H. Elliot with regard to the position taken by
Her Majesty 's Government as to the sovereignty place claimed by the Porte and .t s
only necessary for me to add t/iai appeals pom Courts m the I trstan Gulf should be to
Bombay.
..••••*
" In framing any order on this subject, you will not fad to bear in mind the recital
in the oreamble of the Foreign Jurisdiction Act, in virtue of which any such order can
alone belssued, viz.,—' Whereas by treaty, capitulat,on, grants, usage, sufferance, and
other lawful means. Her Majesty hath power
olaees out of Her Majesty's dominions; —and be satisfied that by one or other of such
means Her Majesty hath power and jurisdiction in the country to wh.ch the order
applies."
123 On the Sth of June 1871 Colonel Pelly forwarded demi-officially an
extract from a demi-official letter from Sir P. Francis to him on the above subject.
Sir Phillip urged the advisability of Colonel Pelly proceeding in person to
Constantinople to discuss the draft order. " We can do more, he said, [014
days' personal communication than by three years' writing. He was of opinion
that the matter should be devised and worked by Indian officers, and also that
affairs in the Gulf should be under the Government of India, and not the
Foreign Office.
Q23. In a previous demi-official, dated 2nd May, Colonel Pelly alluded to the
above letter of Sir Phillips. He pointed out how advisable It would be to have
Gulf affairs under one authority. He said : " Going on with undefined and mingled
authority only leads to confusion, jealousies, and general injury." He thought
that the Government of India should be the controlling authority; but, in which
ever way it was decided, he strongly urged the principle of unity of authority.
Colonel Pelly's wishes in this matter had already been met by the decision
of Her Majesty's Government that appeals from the Courts sitting under the
Foreign Jurisdiction Act in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. and Gulf of Oman should lie to the
Bombay High Court.
324. The Bombay Government were told to suspend any orders that might
have been Issued on Secretary of State's
No. ,808 -p, dated asth Augu.t ,871. despatch No. 67, dated 31st May 1871.
The Bombay Government were also asked to inform the Government of India,
before any further steps were taken in the matter of Consular jurisdiction in the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , (1) what was the actual practice at the time prevailing in the Gulf
as regards jurisdiction in cases where British subjects were concerned; and (2)
whether that practice had been found to be attended with any actual ill results.
The letter of the Government of India proceeded to say :—
" His Excellency in Council also desires to be favoured with the opinion of the Hon'ble
the Governor in Council and the Political authorities in the Gulf on the point, to what
classes of Britsh subjects the jurisdiction of the Courts to be established under the scheme
indicated in the Secretary of State's despatch should apply. It seems to His Excellency in
Council that there are obvious reasons for refraining from seeking to try the crimes com
mitted by, or adjudicate on the civil claims preferred by or against all, without exception,
of that heterogenous body of men, who, from their parentage or residence in one or other of
the many British possessions scattered over the world, can claim the rights of British
subjects under circumstances which may render it extremely difficult to ascertain how far
the claim is well founded. Unless, therefore, good ground be shown for doing otherwise,
it would seem to the Governor-General in Council that if, on receipt of the report now
called for, it be decided to push this matter further, the jurisdiction of the Courts to be es
tablished should be confined to persons born of wholly British parentage."
325. With their letter No 6137, dated 26th October 1872, the Bombay Gov
ernment submitted Colonel Pelley's views on the general question of the settle
ment of disputes between British subjects and proteges on the one hand, and
Persian subjects. Colonel Pelly confessed that the time seemed fully arrived when,
owing to the development of our commerce in those regions, and to the conse
quent complication of interests, the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. should acknowledge that, having
no jurisdiction, it could not adjudicate; and that the safest and necessary course