CO129-361 - Public Offices - 1909 — Page 323

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measure of control over the external relations of the State, limited, however, to those interests which more immediately concern the Government of India.

5. The proposals of the Government of India are that Mr. Bell, the Political Officer in Sikkim, should proceed to Bhutan at an early date to enter into negotiations with the Maharaja for a Secret Treaty. Their intention is that Mr. Bell should commence by discussing the question of the industrial development of the districts of Bhutan adjoining British territory, and that, if a satisfactory understanding is arrived at on this point, he should then proceed to open negotiations for a Treaty on the lines of the draft inclosed with the Government of India's despatch. The first Article of the draft, which provides that "the external relations of Bhutan shall be controlled by the British Government," is alone considered essential by the Government of India. The others provide that the Durbar shall not, without the consent of the British Government, either enter into any Agreement with a foreign State, or permit the residence of the Agent of a foreign State, or part with land to the Representative of a foreign State. These the Government of India would leave to the discretion of Mr. Bell to secure if the Durbar are willing. It is proposed that Mr. Bell should be authorized to add to the Treaty a guarantee against aggression, should this be insisted OD. The existing subsidy of 50,000 rupees is to be increased, if necessary, to 2 lakhs. G. The first consideration involved in the Government of India's proposal is the effect that the suggested Treaty may have on our relations with China. There is no evidence of the existence of any Chinese rights which the conclusion of a Treaty of the kind by the Bhutan Durbar would contravene, while, as already shown, the history of our past relations with Bhutan may be held to establish the right of the Durbar to enter, if they choose, into such a Treaty. Their action in doing so would, in fact, amount to no more than extending the right they have given us under the existing Treaty of controlling a portion of the foreign concerns of the State. If this view is accepted, Lord Morley agrees with the Government of India that any Treaty that may be concluded should be kept secret, unless circumstances render it necessary for Bhutan to invoke our aid under its provisions. It may be that no questions involving risk to the status of Bhutan as against China and Thibet may arise. In that case there will be no reason to disturb the existing state of affairs under which the Bhutan Durbar themselves deal with the affairs of that portion of their frontier. Should encroachments necessitate our intervention, we shall be in a better position to deal with the question if our action is based on a formal Agreement with Bhutan.

7. As regards the situation in Bhutan, it seems possible that, though the Malaraja is evidently desirous of our support against Chinese encroachment, His Highness may prove opposed to the proposed Treaty, as diminishing the measure of independence his country enjoys at present. It must also be remembered that the change in the form of government in Bhutan, by which the Tongsa Penlop has become hereditary Ruler, is of quite recent date, and it is not impossible that His Highness may take the occasion of any negotiations to ask for a dynastic guarantee which would involve an obligation, in certain contingencies, of interference by us in the internal affairs of the State.

8. The conclusion at which Lord Morley is inclined to arrive, after consideration of this difficult question, is that Mr. Bell should be allowed to proceed to Bhutan, on an opportunity presenting itself, to discuss with the Maharaja the question both of the industrial development of Bhutan and of the external relations of "the State. Should the Maharaja and his advisers ovince a disposition to enter into an Agreement for placing the whole of his foreign relations in our hands, Mr. Bell should be authorized to affirm our intention of not interfering in the internal administration, promise an increase of the subsidy to two lakhs, and conclude, subject to ratification by the Viceroy, an Arrangement somewhat on the following lines, substituting a fresh Article 8 for that Article of the Treaty of 1566. The revised Article might ruu some- what as follows:--

"The British Government undertakes to exercise no interference in the internal administration of Bhutan. On its part, the Bhutanese Government agrees to be guided by the advice of the British Government in regard to its external relations. In the event of disputes or causes of complaint against the Rajas of Sikkim and Cooch Behar, such matters will be referred for arbitration to the British Government, which will settle them in such manner as justice may require, and insist upon the observance of its decision by the Rajas named."

9. Should the Maharaja object to the terms stated, it will be the duty of Mr. Bell to report his objections and views fully for consideration and orders, without

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committing himself to any opinion. Again, if the Maharaja asks for an explicit declaration of the steps which the British Government will take to support him against China, he should be informed that the circumstances of each dispute must be considered when he reports them for the advice of the British Government, which will then satisfy him as to the extent and manner of the support which it is prepared to give. Mr. Bell in the course of conversation may explain to the Maharaja that it will necessarily follow from any obligation which the British Government may accept to advise him and support him in the conduct of his foreign affairs, that he himself does not enter into any Agreement with the authorities of foreign States without our consent, and that he does not without the same consent permit Agents or Representatives of foreign Powers to reside in Bhutan, or part with land to the authorities, representatives, or officials of any foreign State. When this is understood and the proposed amendment of Article 8 concluded, it will convenient to embody the understanding in a kharita or letter addressed to the Maharaja by the Viceroy.

I am, &c.

(Signed)

A. GODLEY.

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