The Life of Yakoob Beg; Athalik Ghazi, and Badaulet; Ameer of Kashgar

TREATY BETWEEN ENGLAND AND CASHMERE.

Treaty between the British Government and His Highness Maharaja Runbeer Singh, G.C.S.I., Maharaja of Jummoo and Cashmere, His Heirs and Successors, executed on the one part by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., &c., Viceroy and Governor-General of India, and on the other part by His Highness Maharaja Runbeer Singh aforesaid, in person.

Whereas in the interest of the high contracting parties and their respective subjects it is deemed desirable to afford greater facilities than at present exist for the development and security of trade with Eastern Turkestan, the following Articles have with this object been agreed upon: —

With the consent of the Maharaja, officers of the British Government will be appointed to survey the trade routes through the Maharaja's territories from the British frontier of Lahoul to the territories of the Ruler of Yarkand, including the route viâ the Chang Chemoo Valley. The Maharaja will depute an officer of his Government to accompany the surveyors, and will render them all the assistance in his power. A map of the routes surveyed will be made, an attested copy of which will be given to the Maharaja.

Whichever route towards the Chang Chemoo Valley shall, after examination and survey as above, be declared by the British Government to be the best suited for the development of trade with Eastern Turkestan shall be declared by the Maharaja to be a free highway in perpetuity, and at all times for all travellers and traders.

For the supervision and maintenance of the road in its entire length through the Maharaja's territories, the regulation of traffic on the free highway described in Article II., the enforcement of regulations that may be hereafter agreed upon, and the settlement of disputes between carriers, traders, travellers, or others using that road, in which either of the parties or both of them are subjects of the British Government or of any foreign State, two Commissioners shall be annually appointed, one by the British Government, and the other by the Maharaja. In the discharge of their duties, and as regards the period of their residence, the Commissioners shall be guided by such rules as are now separately framed, and may, from time to time, hereafter be laid down by the joint authority of the British Government and the Maharaja.

The jurisdiction of the Commissioners shall be defined by a line on each side of the road, at a maximum width of two statute koss, except where it may be deemed by the Commissioners necessary to include a wider extent for grazing grounds. Within this maximum width the surveyors appointed under Article I. shall demarcate and map the limits of jurisdiction which may be decided on by the Commissioners as most suitable, including grazing grounds; and the jurisdiction of the Commissioners shall not extend beyond the limits so demarcated. The land included within these limits shall remain in the Maharaja's independent possession, and, subject to the stipulations contained in this Treaty, the Maharaja shall continue to possess the same rights of full sovereignty therein as in any other part of his territories, which rights shall not be interfered with in any way by the Joint Commissioners.

The Maharaja agrees to give all possible assistance in enforcing the decisions of the Commissioners, and in preventing the breach or evasion of the regulations established under Article III.

The Maharaja agrees that any person, whether a subject of the British Government, or of the Maharaja, or of the Ruler of Yarkand, or of any foreign State, may settle at any place within the jurisdiction of the Commissioners, and may provide, keep, maintain, and let for hire at different stages the means of carriage and transport for the purposes of trade.

The two Commissioners shall be empowered to establish supply depôts, and to authorize other persons to establish supply depôts, at such places on the road as may appear to them suitable; to fix the rates at which provisions shall be sold to traders, carriers, settlers, and others, and to fix the rent to be charged for the use of any rest-houses or serais that may be established on the road. The officers of the British Government in Kullu, &c., and the officers of the Maharaja in Ladakh shall be instructed to use their best endeavours to supply provisions on the indent of the Commissioners at market rates.

The Maharaja agrees to levy no transit duty whatever on the aforesaid free highway, and the Maharaja further agrees to abolish all transit duties levied within his territories on goods transmitted in bond through His Highness's territories from Eastern Turkestan to India and vice versá, on which bulk may not be broken within the territories of His Highness. On goods imported into or exported from His Highness's territory, whether by the aforesaid free highway or any other route, the Maharaja may levy such import or export duties as he may think fit.

The British Government agree to levy no duty on goods transmitted in bond through British India to Eastern Turkestan or to the territories of His Highness the Maharaja. The British Government further agree to abolish the export duties now levied on shawls and other textile fabrics manufactured in the territories of the Maharaja, and exported to countries beyond the limits of British India.

This Treaty, consisting of ten Articles, has this day been concluded by Thomas Douglas Forsyth, C.B., in virtue of the full powers vested in him by His Excellency the Right Honourable Richard Southwell Bourke, Earl of Mayo, Viscount Mayo, of Monycrower, Baron Naas of Naas, K.P., G.M.S.I., P.C., &c., &c., Viceroy and Governor-General of India, on the part of the British Government, and by the Maharaja Runbeer Singh aforesaid; and it is agreed that a copy of this Treaty, duly ratified by His Excellency the Viceroy and Governor-General of India, shall be delivered to the Maharaja on or before the 7th of September, 1870. Signed, sealed, and exchanged at Sealkote on the second day of April, in the year of our Lord one thousand eight hundred and seventy, corresponding with the 22nd day of Bysack Sumbut, 1927.

Signature of the Maharaja of Cashmere.

This Treaty was ratified by His Excellency the Viceroy and Governor-General of India at Sealkote on the 2nd day of May, 1870.

TREATY BETWEEN RUSSIA AND KASHGAR.

The following Conditions of Free Trade were proposed and agreed upon between General Aide-de-Camp Von Kaufmann and Yakoob Beg, Chief of Djety-Shahr.

All Russian subjects, of whatsoever religion, shall have the right to proceed for purposes of trade to Djety-Shahr, and to all the localities and towns subjected to the Chief of Djety-Shahr, which they may desire to visit in the same way as the inhabitants of Djety-Shahr have hitherto been, and shall be in the future, entitled to prosecute trade throughout the entire extent of the Russian Empire. The honourable chief of Djety-Shahr undertakes to keep a vigilant guard over the complete safety of Russian subjects, within the limits of his territorial possessions, and also over that of their caravans, and in general over everything that may belong to them.

Russian merchants shall be entitled to have caravanserais, in which they alone shall be able to store their merchandise, in all the towns of Djety-Shahr in which they may desire to have them. The merchants of Djety-Shahr shall enjoy the same privilege in the Russian villages.

Russian merchants shall, if they desire it, have the right to have commercial agents (caravanbashis) in all the towns of Djety-Shahr, whose business it is to watch over the regular courts of trade, and over the legal imposition of customs dues. The merchants of Djety-Shahr shall enjoy the same privilege in the towns of Turkestan.

All merchandise transported from Russia to Djety-Shahr, or from that province into Russia, shall be liable to a tax of 2½ per cent. ad valorem. In every case this tax shall not exceed the rate of the tax taken from Mussulmans being subject to Djety-Shahr.

Russian merchants and their caravans shall be at liberty, with all freedom and security, to traverse the territories of Djety-Shahr in proceeding to countries conterminous with that province. Caravans from Djety-Shahr shall enjoy the same advantages for passing through territories belonging to Russia.

These conditions were sent from Tashkent on the 9th of April, 1872.

General Von Kaufmann I., Governor-General of Turkestan, signed the treaty and attached his seal to it.

In proof of his assent to these conditions, Mahomed Yakoob, Chief of Djety-Shahr, attached his seal to them at Yangy-Shahr, on the 8th of June, 1872.

This treaty was negotiated by Baron Kaulbars.

TREATY BETWEEN ENGLAND AND KASHGAR.

Treaty between the British Government and His Highness the Ameer Mahomed Yakoob Khan, Ruler of the Territory of Kashgar and Yarkand, his heirs and successors, executed on the one part by Thomas Douglas Forsyth, C.B., in virtue of full powers conferred on him in that behalf by His Excellency the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, and a Baronet, Member of the Privy Council of Her Most Gracious Majesty the Queen of Great Britain and Ireland, Grand Master of the Most Exalted Order of the Star of India, Viceroy and Governor-General of India, in Council, and on the other part by Syud Mahomed Khan Toorah, Member of the 1st class of the Order of Medjidie, &c., in virtue of full powers conferred on him by His Highness.

Whereas it is deemed desirable to confirm and strengthen the good understanding which now subsists between the high contracting parties, and to promote commercial intercourse between their respective subjects, the following Articles have been agreed upon: —

The high contracting parties engage that the subjects of each shall be at liberty to enter, reside in, trade with, and pass with their merchandise and property into and through all parts of the dominions of the other; and shall enjoy in such dominions all the privileges and advantages with respect to commerce, protection or otherwise, which are, or may be, accorded to the subjects of such dominions, or to the subjects or citizens of the most favoured nation.

Merchants of whatever nationality shall be at liberty to pass from the territories of the one contracting party to the territories of the other, with their merchandise and property at all times, and by any route they please; no restriction shall be placed by either contracting party upon such freedom of transit, unless for urgent political reasons to be previously communicated to the other; and such restriction shall be withdrawn as soon as the necessity for it is over.

European British subjects entering the dominions of His Highness the Ameer, for purposes of trade, or otherwise, must be provided with passports certifying to their nationality. Unless provided with such passports they shall not be deemed entitled to the benefit of this treaty.

On goods imported into British India from territories of His Highness the Ameer, by any route over the Himalayan passes, which lie to the south of His Highness's dominions, the British Government engages to levy no import duties. On goods imported from India into the territories of His Highness the Ameer, no import duty exceeding 2½ per cent., ad valorem, shall be levied. Goods imported, as above, into the dominions of the contracting parties may, subject only to such excise regulations and duties, and to such municipal or town regulations and duties, as may be applicable to such classes of goods generally, be freely sold by wholesale or retail, and transported from one place to another within British India, and within the dominions of His Highness the Ameer respectively.

Merchandise imported from India into the territories of His Highness the Ameer will not be opened for examination, till arrival at the place of consignment. If any disputes should arise as to the value of such goods, the customs officer, or other officer acting on the part of His Highness the Ameer, shall be entitled to demand part of the goods, at the rate of one in forty, in lieu of the payment of duty. If the aforesaid officer should object to levy the duty by taking a portion of the goods, or if the goods should not admit of being so divided, then the point in dispute shall be referred to two competent persons, one chosen by the aforesaid officer, and the other by the importer, and a valuation of the goods shall be made, and if the referees shall differ in opinion, they shall appoint an arbitrator whose decision shall be final, and the duty shall be levied according to the value thus established.

The British Government shall be at liberty to appoint a Representative at the Court of His Highness the Ameer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India considered suitable. Such Representatives shall be entitled to the rank and privileges accorded to ambassadors by the law of nations, and the Agents shall be entitled to the privileges of Consuls of the most favoured nation.

British subjects shall be at liberty to purchase, sell, or hire land, or houses, or depôts for merchandise, in the dominions of His Highness the Ameer, and the houses, depôts, or other premises of British subjects, shall not be forcibly entered or searched without the consent of the occupier, unless with the cognizance of the British Representative or Agent, and in presence of a person deputed by him.

The following arrangements are agreed to for the decision of Civil Suits and Criminal Cases within the territories of His Highness the Ameer, in which British subjects are concerned: —

(a.) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents, in the presence of an Agent appointed by His Highness the Ameer;

(b.) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Representative or one of his Agents, or of a person appointed in that behalf by such Representative or Agent;

(c.) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Representative, or of one of his Agents, or of a person deputed by the British Representative, or by one of his Agents;

(d.) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Representative or one of his Agents; in the absence of such consent, by the Courts of His Highness;

(e.) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Representative, or of one of his Agents, or of a person appointed in that behalf by such Representative or Agent.