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"The Oude Question" Stated and Considered; With References to Published Official Documents

"The Oude Question" Stated and Considered; With References to Published Official Documents


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857. Excerpt: ... (who is now dead) was not recalled till 1842, that is, four years subsequently. It is quite clear that the Court of Directors must have been acquainted with the proceedings of their own servant, the Governor-General, in the matter. There is indeed great doubt expressed by themost eminent writers as to whether a Sovereign power, which by the medium of a subordinate delegate or ambassador has concluded a treaty with another power, is not absolutely bound by the ratification given thereto by such ambassador. (Fide Wheaton, lib. 3, cap. 2, passim, and the authorities there cited.) There is no doubt whatever of the duty of a power so refusing to ratify, immediately to communicate such a refusal most explicitly and fully to the other contracting party. That the East India Company in the case of the treaty with Oude in 1837, however far they may not have intended such a suppressio veri to occur, as no doubt did happen, did know of the facts of the case, we can scarcely doubt. During all the years which elapsed between 1838 and 1855, they condoned the omission. They cannot, therefore, now be permitted, on any principle of law, either ordinary or international, to set up the laches of their own accredited agent in their own favour. Were such a line of conduct to be permitted, the result would be that the most solemn and sacred treaties might at any moment be either upheld or repudiated, as best might suit the then paramount convenience of the stronger power. We have spoken thus fully of the treaty of 1837, because we know from indisputable authority that up to 1855 no English official in Bengal ever thought the treaty was anything but existing and valid as to the powers of the Company to enter on temporary occupation of portions of Oude when emergency should arise...


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Product Details
  • ISBN-13: 9781151612687
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 24
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 1151612685
  • Publisher Date: 05 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 64 gr


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