File 1855/1904 Pt 9 'Koweit:- Relations with Turkey. Sheikhs claim to Bubiyan, Warba & Umkasr' [‎218r] (37/228)

{Confidential.]
No. 1906, dated Bushire, the 17th (received 29th) June 1908.
From— Captain A. P. Trevor, I.A., First Assistant Resident, in charge current
duties,
To—S. H. Butler, Esq., C.I.E., Secretary to the Government of India in the
Foreign Department, Simla.
With reference to paragraph 2 of your Endorsement No. 1424-E.B., dated
No. 295 , dated 9 h June 1908 . 20th April 1908, I have the honour to
forward herewith a report from the Political
Agent, Koweit, on the ownership of the Islands of Bubiyan and Warba.
Owing to the absence of the Resident at Shira?, the report has not yet been
seen by him. It is therefore possible that he may desire to submit some remarks
on it later.
No. 295, dated Koweit, the 9th June 1908 (Confidential).
From—M ajor S. G. Knox, I.A., 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. , Koweit,
To— Major P. Z. Cox, I. A., C.I.E , Resident and His Britannic Majesty's Consul-
General in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , Bushire.
I have the honour to_ acknowledge the receipt of your letter No. 1598,
dated 26th IVlay 1908, inviting my attention to Foreign Department telegram
N°' S.-532, dated 21st of November 1907, and requesting the expedition of the
report called for therein regarding Warba island.
2. I would first express my extreme regret at the delay that has taken place
in submitting the report on this important, question. It was seldom during the
cold weather that Sheikh Mubarak and myself were together in Koweit, and
since I returned from tour in the beginning of March, Sheikh Mubarak has been
so occupied in marriage festivities that it has been difficult to persuade him to
attend to business.
3. I was, at first, inclined to throw on Sheikh Mubarak the onus of pro.
ducing proof of his ownership of the island and he undertook verbally to do so,
but copies of recent correspondence between us, forwarded herewith, will show
how completely he fails to understand the nature of the proof that is required to
establish his ownership successfully.
4. I was therefore compelled to request the Sheikh as will be seen from the
correspondence, to send me Awazim witnesses and hold an informal enquiry
myself. The result of this enquiry—the depositions in English and vernacular
are forwarded herewith—has been to furnish clear evidence as to the ownership of
Bubiyan island and there is, therefore, room for congratulation in that, so far, the
enquiry has not been barren of results. I may be permitted to record here the
very favourable impression I formed of the Awazim witnesses. Their evidence
was clear and to the point and obviously untutored. I think a mere perusal of
their statements will convince a disinterested observer of this fact. No one with
any regard to truth will be able to deny that an ancient grant of fishing rights
was accorded to the Awazim fishermen by Sheikh Mubarak’s great-grandfather
and that his order has been universally respected to the present day. I hope
shortly to obtain "written evidence that these rights are capable of inheritance and
transfer and that the forum which habitually deals with such cases is the old
Shar’a Court of Koweit, in which the hereditary Kazi is of the Atsani family and
which depends for the execution of its decrees on the executive action of the
Sheikhs of Koweit. This will go far to establish the ancient ownership of the
Sheikhs of Koweit in Bubiyan island and the unwarranted encroachment of the
Turkish authorities in establishing, in spite of remonstrances, a post there, flanked
on all sea sides, by the Awazim properties.
5. The proof of ownership of Warba island will have to depend on other
considerations and we are here on weaker ground. The Awazim evidence is