CO885-(15-16) — Page 375

R

19808

No. 4A.

(FEDERATED MALAY STATES.)

FOREIGN OFFICE to LAW OFFICERS.

[Status in Ottoman Dominions of Subjects of Native States in India.]

Foreign Office, January 16, 1905.

GENTLEMEN,

I HAVE the honour, by direction of the Marquess of Lansdowne, to transmit to you a letter from the India Office and its inclosures, together with the other papers noted in the accompanying list which relate more particularly to the question of the status in the Ottoman dominions of subjects of the native States in India. The wider question of the status of such persons in foreign countries generally is also discussed.

It will be seen from Inclosure 2 in the India Office letter (Paper C) that Major Newmarch, Political Resident in Turkish Arabia and Consul-General at Bagdad, has recently referred, for the consideration of the Government of India, certain cases arising within bis jurisdiction involving questions as to the Courts before which such persons should be tried, the administration of their estates, and generally as to the degree of protection which should be accorded them.

A further despatch from Major Newmarch of the 5th April, 1904 (Paper D), incloses the opinion of the Judge of the Supreme Court at Constantinople on these points.

The views of the Government of India, both on the questions thus raised and also on the wider question of the protection in foreign countries of the subjects of Indian native States, are fully set forth in their letter of the 17th March, 1904 (Paper B).

A note by the Legal Adviser, India Office, of the 13th May, 1904 (Paper E), is also inclosed; while the views and suggestions of the Secretary of State for India in Council are contained in the India Office letter of the 7th July, 1904 (Paper A), which, in forwarding the above correspondence, incloses in addition correspondence which had passed between the Political Resident in Turkish Arabia and the Govern- ment of India in 1893-1894 (Paper F), when the matter was previously under consideration.

A Memorandum, which has been drawn up by Mr. Hurst, Assistant Legal Adviser to this Department, is also inclosed (Paper G).

The further papers (H to Q) are those referred to in the foregoing corre- spondence.

I have the honour to request that you will be good enough to take these papers into your consideration, and that you will favour Lord Lansdowne with your opinion on the following points:-

1. Whether the opinion of your predecessors expressed in their Report of the 8th June, 1893* (Paper H), paragraph 1, bears the interpretation: That the Secre- tary of State is entitled to extend to British-protected persons abroad the same measure of protection as to British subjects except in so far as the right or power to exercise which protection depends upon a Treaty Agreement or Law which excludes or cannot be construed as including such protected persons," but that not being British subjects, they are not entitled to such protection as of right;

"

2. Whether, having regard to the terms of the Capitulations, the Secretary of State has the power to place such persons on the same footing in the Ottoman dominions as British subjects in the matter of protection and jurisdiction;

His Lordship will also be glad to be favoured with any observations of a general nature which you may desire to offer upon the papers now submitted to you.

I am to add that this reference has been submitted to the Secretary of State for India in Council for his observations, and that Mr. Brodrick concurs in its terms.

I have, &c.,

F. A. CAMPBELL.

25 W 2645 7/03 D&S

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PUBLIC RECORD OFFICE

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EPER C.O.885

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