By May 13, 2008 Read More →

Memorandum from Earl Russell (John Russell) to James Finn, Dec. 12, 1861.

Earl Russell (John Russell)F.O. 78/2068 (No. 17) Foreign Office, December 12, 1861

Since the date of my despatch No. 16 of the 26th ultimo my attention has been particularly called to a notice issued by you on the 17th of June last year respecting the obstacles which it would seem from the tenour of the notice are opposed by the Jewish Rabbis to the resort of Jews to the British Consular Court.

I entirely disapprove of that notice which you had no authority whatever to issue, for no Consul can close his Consular Court against a British suitor or defendant or make his dispensation of justice in any case conditional upon the act of others not parties to the cause, or upon the subscription on the part of the parties themselves to a declaration bearing on a matter of religious law or observance.

I have accordingly to desire that you will immediately and publickly withdraw that notice as by direction of the Secretary of State.

As regards Jews not British Subjects, although you may allow them to stand in your Consular Court on the same footing as British Subjects, you have no right to compel them to resort to it- as regards those who are British Subjects if they are hindered illegally from pursuing their plaints in your Consular Court, you will refer to the judge of the Supreme Court at Constantinople for instruction and be guided by his directions- but you will not take upon yourself without authority to publish as regards them, or any other classes of the community at Jerusalem, notices of so offensive a character as that to which I am alluding.

Generally I have to desire you to treat the Jews with kindness and consideration. You have nothing to do with their religious tenets, or with the internal regulations of their community. So far as they are British Subjects they are necessarily under your protection and subject to your jurisdiction; but you are not entitled to extend your protection or jurisdiction over Jews who are not British Subjects, or to interfere directly or indirectly in their concerns, except and in so far as they voluntarily seek your protection and submit to your jurisdiction in which case you may proceed according to the general principle of the instructions which have been issued to you in regard to such matters.

Comments are closed.