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'File A/9 I Bahrain Order in Council' [‎10v] (39/536)

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The record is made up of 1 volume (258 folios). It was created in 2 Dec 1895-31 Oct 1918. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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3. With a view to define and regularise the powers exercised over British
sub'ects by the Agent, the Politioai
• vide paragraph 6 of enclosure No. 5. Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. * has put
forward the suggestion that he should be appointed to be a Justice of the Peace
and endowed with the powers of a District Judge in direct subordination to the
High Court of Bombay. We concur in this recommendation, but with reference
to clause 2 of the Indian Foreign Jurisdiction Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1902, we under
stand that it would first be necessary for Bahrein to be declared by His Majesty
in Council to be a territory in which jurisdiction is exercised by, or on behalf of j
His Majesty through the Governor-General in Council. We would accordingly
request that, if His Majesty's Government see no objection, the necessary
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. may be passed providing for the exercise of jurisdiction in
Bahrein.
/ 4. But, further, in view of the increase of foreign shipping and foreign
interest generally in the Gulf, and of the establishment of foreign firms and
missions in Bahrein, which has already caused practical difficulties, it seems
desirable that, if possible, in maintenance of the status quo in the Gulf,
provision should be made in the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for the exercise by the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. of jurisdiction over foreigners in Bahrein, before foreign
interests have so largely developed as to render the assumption of the legal
duties of a protecting power a matter of greater intricacy and difficulty
involving perhaps, as in the case of Zanzibar, diplomatic representations to
foreign powers. Bahrein has been under sole British domination since 1820,
and on several occasionsf we have had to
Petsil ^uS No f 2S da™ mwte by armed force, either to prevent
N0 ' the Chief 0f Bahrein from attacking his
neighbours, or them from attacking him,
or to settle masters relating to the Chiefship. In 1880, by a treaty published
for public information, the Sheikh bound himself to abstain from making
treaties of any sort with any State or Government other than the British and
to refuse to permit other Powers to establish diplomatic or Consular Agencies
or coaling depots without the consent of the British Government. This treaty
in itself constituted a sort of protectorate, which has perhaps been ripened into
maturity by the open and regular exercise of protectorate powers, more
: vidf encioBures i and 2. especially in the recent cases ot attacks
b § i8 ,i r eI ' uiia0lficelettei ' datedtlie 4th Septem " 0n -^ ers ^ an an( i German subjects in
II vide India office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. letter, dated the 28th July Bahrein. We understand that Prance
German y.§ and American have all receiv
ed informal notice of the existence of a British Protectorate over Bahrein and
•fl" Vide enclosure to Foreign Office letter No. 59,
t.iat this has recently been announced
ltd 2: "*^ *• fo ™allyir to the Powers most directly
concerned, Turkey and Persia. In this
connection we would refer also to the arguments adduced in paragraph 7 of
the draft letter to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , which "formed an
enclosure to our Secret-External despatch tfo. 178, dated the Uth September
1905. 1
5. If His Majesty's Government consider it feasible in the circumstances
to assume jurisdiction over foreigners in Bahrein, we would recommend that this
Tide enclosures Nos. 3 and 4.
should be done and also, with reference
to the marginally noted correspondence,

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Content

The volume’s correspondence and other papers concern the implementation of an Order of Council in Bahrain. The principal correspondents in the file are the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. and the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Bahrain, each post being held by a number of different representatives throughout the period covered by the volume.

The first item in the volume is a letter sent from Major Ramsay, British Consul-General in Baghdad, to Major Percy Cox, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , dated 9 March 1907. The letter concerns the jurisdiction in Bahrain over American citizens based at the American Missionary, particularly in relation to births, deaths and the disposal of estates (folio 1g). This enquiry was symptomatic of raised concerns over where jurisdiction lay in relation to the increasing number of foreign nationals in Bahrain. In a letter dated 6 April 1907 the Bahrain Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Captain Francis Prideaux, wrote to Cox, outlining the judiciary requirement he believed that he, as Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , should have. These included the authority of a district magistrate in criminal matters, consular authority in notarial and shipping duties, and the power of vice-admiralty (folios 3-8).

Application was consequently made for an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain, via Cox, in his capacity as Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , to the Government of India, the Secretary of State for India, and the Foreign Secretary. In May 1909, John Morley, the Secretary of State for India, wrote to the Governor General of India, stating that, in light of increasing German activity in the Gulf, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Bahrain was authorised to approach the ruler of Bahrain, Shaikh ‘Īsá bin ‘Alī Āl Khalīfah, with a view to him ceding responsibility for foreign nationals in his dominions to the British Government (folios 50-52). This responsibility was duly granted to the British (folios 63-64), though not, according to Captain Charles Mackenzie, then Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Bahrain, without some reluctance on the part of Shaikh ‘Īsá (folios 65-66).

Subsequent correspondence deals with some of the finer points of the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , with particular attention being paid by officials to the status of foreign nationals in Bahrain, including their registration with the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , and the legal ability to deport them if necessary. A draft copy of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated, 1912, is included in the volume (folios 100-112). The unrest and disruption caused by the First World War in the Gulf, repeatedly delayed the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . On 7 May 1917 the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. Captain Percy Loch wrote to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , Major Arthur Trevor, suggesting that, in view of recent developments in the conflict in Europe, and the entry into the war of the United States of America, the present time might be a prudent one to implement the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . In his letter Loch described how Turkish withdrawal from the Gulf, the independence of Bin Saud [Ibn Sa‘ūd], and formal British relations with the Shaikh of Qatar, would impact upon the treatment of certain foreign nationals in Bahrain (folios 232-35). Trevor rejected Loch’s proposal, and in May 1918, the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain was postponed once more, until February 1919 (folio 248).

Amongst the discussions over Bahrain’s Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , the appointment of a judicial assistant for the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was discussed (folios 189-94, 243-44, 249-51), as was the existing khidmah system of revenue collection (a ten per cent judicial fee payable to the Sheikh of Bahrain's treasury). A Statement of khidmah for the years 1912 to 1916 is included on folio 227.

Extent and format
1 volume (258 folios)
Arrangement

The contents of the volume have been arranged in approximate chronological order, from the earliest items at the front of the volume, to the latest at the end.

Physical characteristics

Foliation: The volume is foliated from the front cover to the inside back cover, using blue pencil numbers located in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . A few folio numbers, chiefly at the front and end of the volume, are in black pencil. The following foliation anomalies occur: 1a-1g.

The following folios are fold-outs: 60, 226, 227.

Written in
English and Arabic in Latin and Arabic script
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'File A/9 I Bahrain Order in Council' [‎10v] (39/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489037.0x000028> [accessed 28 March 2024]

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