The Life of Yakoob Beg Part 11

ARTICLE XII.

If a British subject residing in the territories of His Highness the Ameer becomes unable to pay his debts or fails to pay any debt within a reasonable time after being ordered to do so by any Court of Justice, the creditors of such insolvent shall be paid out of his goods and effects; but the British Representative shall not refuse his good offices, if needs be, to ascertain if the insolvent has not left in India disposable property which might serve to satisfy the said creditors. The friendly stipulations in the present Article shall be reciprocally observed with regard to His Highness's subjects who trade in India under the protection of the laws.

This treaty having this day been executed in duplicate and confirmed by His Highness the Ameer, one copy shall, for the present, be left in the possession of His Highness, and the other, after confirmation by the Viceroy and Governor-General of India, shall be delivered to His Highness within twelve months in exchange for the copy now retained by His Highness.

Signed and sealed at Kashgar on the second day of February, in the year of our Lord one thousand eight hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, one thousand two hundred and ninety Hijree.

(Signed) T. DOUGLAS FORSYTH, Envoy and Plenipotentiary.

Whereas a Treaty for strengthening the good understanding that now exists between the British Government and the Ruler of the territory of Kashgar and Yarkand, and for promoting commercial intercourse between the two countries, was agreed to and concluded at Kashgar, on the second day of February, in the year of our Lord eighteen hundred and seventy-four, corresponding with the fifteenth day of Zilhijj, twelve hundred and ninety Hijree, by the respective Plenipotentiaries of the Government of India and of His Highness the Ameer of Kashgar and Yarkand, duly accredited and empowered for that purpose: I, the Right Hon. Thomas George Baring, Baron Northbrook of Stratton, &c., &c., Viceroy and Governor-General of India, do hereby ratify and confirm the Treaty aforesaid.

Given under my hand and seal at Government House, in Calcutta, this thirteenth day of April, in the year of our Lord one thousand eight hundred and seventy-four.

(Signed) NORTHBROOK.

+-------+ | | | Seal. | | | +-------+

RULES FOR THE GUIDANCE OF THE JOINT COMMISSIONERS APPOINTED FOR THE NEW ROUTE TO EASTERN TURKESTAN.

1. As it is impossible, owing to the character of the climate, to retain the Commissioners throughout the year, the period during which they shall exercise their authority shall be taken to commence on 15th May, and to end on 1st December.

2. During the absence of either Commissioner, cases may be heard and decided by the other Commissioner, subject to appeal to the Joint Commissioners.

3. In the months when the Joint Commissioners are absent, _i.e._ between 1st December and 15th May, all cases which may arise shall be decided by the Wuzeer of Ladakh, subject to appeal to the Joint Commissioners.

4. The Joint Commissioners shall not interfere in cases other than those which affect the development, freedom, and safety of the trade, and the objects for which the Treaty is concluded, and in which one of the parties, or both, are either British subjects, or subjects of a foreign state.

5. In civil disputes the Commissioners shall have power to dispose of all cases, whatever be the value of the property in litigation.

6. When the Commissioners agree, their decision shall be final in all cases. When they are unable to agree, the parties shall have the right of nominating a single arbitrator, and shall bind themselves in writing to abide by his award. Should the parties not be able to agree upon a single arbitrator, each party shall name one, and the two Commissioners shall name a third, and the decision of the majority of the arbitrators shall be final.

7. In criminal cases the powers of the Commissioners shall be limited to offences such as in British territory would be tried by a subordinate Magistrate of the First Cla.s.s, and as far as possible the procedure of the Criminal Procedure Code shall be followed. Cases of a more heinous kind should be made over to the Maharaja for trial, if the accused be not a European British subject; in the latter case he should be forwarded to the nearest British Court of competent jurisdiction for trial.

8. All fines levied in criminal cases, and all stamp receipts levied according to the rates in force for civil suits in the Maharaja's dominions, shall be credited to the Cashmere Treasury. Persons sentenced to imprisonment shall, if British subjects, be sent to the nearest British jail. If not British subjects, offenders shall be made over for imprisonment in the Maharaja's jails.

9. The practice of cow-killing is strictly prohibited throughout the jurisdiction of the Maharaja.

10. If any places come within the line of road from which the towns of Leh, &c., are supplied with fuel or wood for building purpose, the Joint Commissioners shall so arrange with the Wuzeer of Ladakh that those supplies are not interfered with.

11. Whatever transactions take place within the limits of the road shall be considered to refer to goods in bond. If a trader opens his load, and disposes of a portion, he shall not be subject to any duty so long as the goods are not taken for consumption into the Maharaja's territory across the line of road. And goods left for any length of time in the line of road subject to the jurisdiction of the Commissioners shall be free.

12. Where a village lies within the jurisdiction of the Joint Commissioners, then, as regards the collection of revenue, or in any case where there is necessity for the interference of the usual Revenue authorities on matters having no connection with the trade, the Joint Commissioners have no power whatever to interfere; but, to prevent misunderstanding, it is advisable that the Revenue officials should first communicate with the Joint Commissioners before proceeding to take action against any person within their jurisdiction. The Joint Commissioners can then exercise their discretion to deliver up the person sought, or to make a summary inquiry to ascertain whether their interference is necessary or not.

13. The Maharaja agrees to give rupees 5,000 this year for the construction of the road and bridges, and in future years His Highness agrees to give rupees 2,000 per annum for the maintenance of the road and bridges. Similarly for the repairs of serais a sum of rupees 100 per annum for each serai will be given. Should further expenditure be necessary, the Joint Commissioners will submit a special report to the Maharaja, and ask for a special grant. This money will be expended by the Joint Commissioners, who will employ free labour at market rates for this purpose. The officers in Ladakh and in British territory shall be instructed to use their best endeavours to supply labourers on the indent of the Commissioners at market rates. No tolls shall be levied on the bridges on this line of road.

14. As a temporary arrangement, and until the line of road has been demarcated, or till the end of this year, the Joint Commissioners shall exercise the powers described in these rules over the several roads taken by the traders through Ladakh from Lahoul and Spiti.

(Signed) MAHARAJA RUNBEER SINGH.

" T. D. FORSYTH.

(These rules were agreed upon in 1872, between the Indian Government and Cashmere, for the purpose of promoting trade with Eastern Turkestan and Central Asia, which had been sanctioned by the Treaty of Commerce of 1870.)

A STORY FROM KASHGAR.

Mirza Mulla Rahmat, of Kashgar, who arrived at Peshawur lately, on his way to Mecca, has told what he knows about events in Kashgar. The following is his story:--In the month of Jamadi-us-sani 1294 (June-July, 1877), that Mahomed Yakoob Khan, the Badshah of Kashgar, collected a large army to fight the Chinese. He died near the town of Balisan (?

Bai), and his army then recognized Hakim Khan Torah as his successor.

The mullahs in Kashgar in the meantime appointed Beg Kuli Beg, Yakoob's eldest son, as their Badshah, according to Yakoob's will. Hakim Khan and the army which joined him then came to Aksu, where Beg Kuli Beg also arrived, meaning to capture the place and the person of the usurper. A battle was fought between Kuli Beg and Hakim Khan on the 26th and 27th of Rajah (27th and 28th July, 1877), and Hakim Khan was defeated. Many of the soldiers belonging to Hakim Khan's force fell in the battle, and many others were starved, and some were drowned crossing a river. Hakim Khan then went into Russian territory with 1,000 chosen soldiers. Beg Kuli Beg now seized several towns and returned to Kashgar. In the meantime Naiz Hakim Beg, the Governor of Khoten, rebelled, and Kuli Beg met him in the field, and captured Khoten. The Beg was scarcely a week at that place when he heard that the Chinese had arrived at Aksu and had taken it. An officer (Kho Dalay?) of the Chinese army who had turned Mahomedan (but subsequently recanted) attacked Yangy Shahr, the capital, and, capturing it, shut himself up there. The town was then besieged by the Governor of Kashgar, and the siege continued for fifty days. Then Kuli Beg came up, and, forcing his entry into the town, took possession of it, and destroyed the fort. But on the 10th of Zillhij (16th of December) a strong Chinese force entered the country, and rapidly reconquered the possessions of the late Yakoob Khan. Beg Kuli Beg then fled with his men to Tashkent, which he reached by Mingyol Osh and Marghilan, and put himself under the protection of the Russian Governor there. Mulla Yunus Jan, the Governor of Yarkand, and his son and brother fell into the hands of Hasan Jan Bai, Ikskal (? Aksakal).

The above is taken from the columns of an Indian journal, and is inserted here for the purpose of showing that the converted Chinese, or Yangy Mussulmans, did revolt from their allegiance to Yakoob Beg the instant a Khitay force appeared in Altyshahr.