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'File A/9 I Bahrain Order in Council' [‎30r] (78/536)

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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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3o
■ )x c0 - iin €icial ui^p"! 4 ■ssy ;7"'ich is a feature of "the acininirat.ion
)f justice in Bahrain.
jr r dstenann f s idea seenea to be that the inte rests of . .uro-
Dean nerchants night be prejudiced by being subnitted to tht
arbitration of a purely native Tribunal. I inforned hin that,
speaking fron nenory,! believed that the Medjliss in such casts
isually sat at the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. ,"mder the s-ipervision of the Politica
'.gent,and that ordinarily J thought that the finding of the
./le'djliss vrould be subject to his concurrence.
On conclusion of the conversation,ny colleague saia that he
lad been ashing for personal enlighnnent as a new coner,and
since then I have heard no nore fron hin on the subject in
question.
?. The question of the fornation ana status of this Medjliss
has recently been brought into sone m-oninence in connection
^ith the case of clains against the estate of one Syyid Khalaf^
deceased,v/ith regard to uhich I have addressed the ^overnnent
of Inaia in ny letter of today's date. Search has been nade in
the Bushire records for any correspondence throwing light on
the origin of this Tribunal,but nothing has up to the present
been fo'md,noi7 does it aopear that i"' Has an arrangenent
introduced specially at the instance of the Pesidency,nor that
the Resident has hitherto exercised any revisionary powers over
it. The institution seens to have been developed autonatically
in the days of our native Agents Non-British agents affiliated with the British Government. ,and to have,up till recently
fulfilled its purpose nuietly ana adequately. T attach a Meno-
r an dun on the subject,conpiled fron sone incidental references
to the subject in communications received fron our present
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. .
4. Vith reference to the position of foreign European ner-
chants in Bahrain,! learn fron Captain PrideaT^ 4 "hat the four
representatives of the Gernan firn of vrhich Herr Tr onckhaus is
the principal are still in the habit,vjh.en in conversation wi h,
hin,of harming Tipon their clain to extra-territoriality in Bah
rain both in regard to crininal ana connercial nat" ers.

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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' [‎30r] (78/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489037.0x00004f> [accessed 6 May 2024]

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