Lord Palmerston to Mr. Sheil.

“The principles upon which, as stated in your dispatch No. 87, of the 22d of July, you are in the habit of acting, in regard to granting passports and affording protection to natives of India, appear to me to be correct. The only question would be whether children born in British India of parents subjects of the Shah, can properly be placed under British protection while resident in Persia.

“In Europe the international law would be against such an arrangement. Children born in England of parents of subjects of a foreign state would be entitled to be considered as British subjects everywhere but in the country to which their parents belong, always assuming that the law of that country consider children born to native subjects while out of the country to be as much native subjects as if they had been born in the country.

“But though that would be the international rule in Europe, yet, considering the different and peculiar habits and practices of Asia, it seems to me that, considering that all persons born in British India, of whatever parents, are entitled to be regarded as British subjects, so far as concerns any privileges and advantages which attach to that character within the British dominions, it would be fair and right to extend to such persons, even in Persia, the benefits of being placed under British protection; and especially if they had resided in British India for any time, so as to have been practically domiciled therein.”4

  1. To Colonel Sheil, No. 82; September 4, 1850.