'File 8/15 Arab Series - 1933-1939' [‎75v] (150/434)

76
of it if he fails to do so. He further represents that his stipend was
allowed to fall into arrears because of its small annual amount, that his
predecessor Sultan Ghaleb was permitted to draw arrears accumulated for a
large number of years, and that neither his predecessor nor he himself was
warned that arrears would in future be forfeited.
3. All the Chiefs of the Aden Protectorate, including His Highness the
Sultan of Shehr and Mukalla, have now been told that their stipend must be
drawn punctually or not at all, but I consider that there is a good deal of
force in the Sultan’s contention that a retrospective insistence of this con
dition in contradiction of a comparatively recent precedent and without
previous intimation of its adoption is opposed to the spirit, if not to the
letter, of his Treaty. The existence of the Aden Protectorate is based on
mutual obligation established by treaties between His Majesty’s Government
and the local Chiefs, and a scruplous observation of the conditions of these
treaties is essential to the maintenance of our relationship with them. I
feel very strongly that there should never be any doubt that obligations
under the treaties will be fully honoured, and I consider that in a case of
some uncertainty, such as the present one, it is better to accept rather than
to repudiate a claim for which there appears to be a good though perhaps
not a conclusive case. For this reason I venture to recommend a considera
tion of the orders conveyed to me in your despatch of the 4th January 1933,
and the payment of the arrears of stipend due to the Sultan of Shehr and
Mukalla in full from 1st October 1917.
4. I base my request primarily on a point of principle., but I desire to
add a plea for generous treatment in this case on account of the consistently
loyal and helpful attitude of the Mukalla authorities in all matters in which
their co-operation or assistance is desired by the Aden Eesidency. This
has been notably evident in connection with landing grounds and other
facilities for the Royal Air Force in Mukalla territory and its neighbourhood.
Mukalla is the most important place and the pivot of our policy in the
eastern part of the Protectorate, but its Sultan nevertheless receives one of
the smallest of the stipends paid to Protectorate Chiefs, and he is never
given money presents such as are often bestowed upon others in the Pro
tectorate. The amount of his stipend—Rs. 60 a month—is, in fact, so
low that it can be regarded as little more than a token of the mutual rela
tionship between him and His Majesty’s Government; and, as such, I con
sider that it ought not to be allowed to lapse, even temporarily, in a case
such as the one which I now submit for your reconsideration.
Enclosure 1 to Serial No. (105). ! i
| ‘
Letter from the Treasury, to the Colonial Office, No. S. -32316, dated
the 7th November 1934.
, .
I have laid before the Lords Commissioners of His Majesty’s Treasury +
Mr. Cowell’s letter of the 3rd July (37953/34), and subsequent semi-official
correspondence, relative to the payment of arrears of stipend claimed by the
Sultan of Shehr and Mukalla.
In reply, I am to request you to inform Secretary Sir Philip Cunliffe-
Lister that, having regard to the terms of the treaty under which this stipend
is paid, My Lords are now prepared to agree to the payment of arrears
accrued since the accession of ithe present Sultan in 1922, amounting to
approximately £675. They note however that Sir Philip Cuniiffe-Lister
is advised that, as the treaty provides for a personal payment to the Sultan
or other person in possession of the territory in question, in consideration
of his personal fulfilment of the obligations imposed on him by Articles 1
and 3 of the treaty, the obligation of His Majesty’s Government is not to
be regarded as extending to arrears which his predecessor had waived or
failed to secure, and in these circumstances. They are unable to sanction
payment of arrears prior to the present Sultan’s accession.