"ملخص لشؤون الساحل الفارسي والجزر، ١٨٥٤-١٩٠٥، بقلم ج. أ. سالدانها، بكالوريوس القانون" [و‎‎٥‎٨] (٢١٢/١١٥)

103
Persian Government, the result being that the Governor of Kerman was directed
to send Marwareed to Bandar Abbas to undergo an examination of his accounts
at a meeting to be held by Hindu residents and others with the knowledge of
the Persian Agent for Foreign Affairs, the case to be then brought to a final
settlement and reported to the Persian Government.
* Her Majesty's Secretary of State for Foreign 35 2 ' At this Stage the Case Was report-
Affalrs ■ ed by Mr. Thomson to Earl Derby* with
t See Political a ., April 1876, No. 95. the following remarksf:—
" If Marwareed was a Persian subject, this mode of procedure would seem to be per
fectly regular. But he is a British subject accused of defrauding other British subjects.
According to the yth Article of the Commercial Treaty of Turkomanchai between
Russia and Persia and to the Treaty of Paris between England and Persia, which latter
confers on us the privileges of the most favoured nation, the investigation and settlement
of a case of this nature would be entirely confined to the Representative or Consul of Her
Majesty the Queen and decided according to British law.
u But Her Majesty's Minister and Consuls in Persia are not invested with judicial
power; and if the exercise of such power by Persian authorities over British subjects were
once recognized, it might later be cited as a precedent, if not interpreted, as a surrender by
us of an important Treaty right.
"It struck me that the Resident at Bushire might possibly be invested with judicial
powers by the Government of India, in which case I should have called upon the Persian
Government to send Marwareed to Bandar Abbas to be there tried by the Resident or
his representative. I accordingly asked Colonel Ross by telegraph whether he possessed
the requisite legal authority: but he sent me the reply, ' I have not legally jurisdiction/
" I now feel convinced that any further investigation of this case by the local author
ities of Kerman would be unadvisable, and that my best course would be to suspend
further action in the matter pending the receipt of Vour Lordship's instructions. I shall,
therefore, inform the Persian Minister for Foreign Affairs that it is my intention to withhold
his letter to the Governor of Kerman until I receive Your Lordship's instructions."
353. The declaration by Mr. Thomson and Colonel Ross of their want of
jurisdiction in the matter led, as will be seen by the notes in the case, to an im
portant discussion in the Foreign Department, the result of which was embodied
in the following letters to the Mr. Thomson and Colonel Ross :—
I No. 538-? , dated 23rd February 1876. To the former it Was Said{
" The Government of India dissents from the statement telegraphed to you by the
„ . , . . Political Resident in the Persian Gulf that he
o itica pn 1 7 , 0,100. no ^ 1 egally jurisdiction' to adjudicate
upon cases between British subjects on the seaboard of the Persian Gulf. The Governor-
General in Council maintains, on the contrary, that the Political Resident has such juris
diction, based on usage and prescription. If therefore Your Excellency considers it expe
dient to adopt the course indicated in your letter to the Earl of Derby, namely, to call upon
' the Persian Government to send Marwareed to Bandar Abbas to be there tried by the
Resident or his representative, His Excellency in Council is not aware of any reason w r hy
this should not be done; and in the event of your adopting this course. Colonel Ross has
been instructed to proceed himself, or to depute one of his Assistants to Bandar Abbas
for the purpose of trying the case in question.
" In the opinion of His Excellency in Council it is of importance that the Persian
Government should not be led by silence on our part, to suppose that we could entertain
their proposal that a case between British subject should be investigated by Persian author
ities within the limits of a jurisdiction claimed by the Government of India."
§ No, S37 -P, toed 23 rd February .876. Political A C0 Py th e 'etter tO Mf. Thomson Wa3
A., April 1876, No. 99. sent to Colonel Ross, it being added :§—
" In the opinion of the Government of India the undisputed usage of many years forms
a large and sufficient basis and for the jurisdiction enjoyed by the Resident in the Persian
ports, and you should continue to exercise that jurisdiction, and follow the accustomed
procedure, until you receive orders to the contrary* These considerations apply of
course with greater force to disputes in which only British subjects are concerned."
Mr. Taylor Thomson has been informed that if he considers it expedient to adopt the
course indicated in that letter, namely, to call ' upon the Persian Government to send
Marwareed to Bandar Abbas to be there tried by the Resident or his representative/
there is no reaon why this should not be done. Should this course be adopted by
Mr. Thomson, you will either proceed yourself, or depute one of your Assistants, to
Bander Abbass to try the case in question."
\