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'File 2/5 II SHAIKH’S DATE GARDENS' [34r] (72/420)
The record is made up of 1 volume (206 folios). It was created in 14 Jun 1915-27 Jul 1933. 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. .
Transcription
This transcription is created automatically. It may contain errors.
• •
agents for the service of these documents on the Shaikh of Kuwait.
His Majesty’s Government have throughout contended that the Iraqi
Government are under definite obligation themselves to honour the
undertakings given to the Shaikhs of Kuwait and Mohammerah in
1914. and it may still be necessary to test the validity of this
contention before the Permanent Court of International Justice.
For example, if the Law Officers advise ■‘■■hat His Majesty’s
Government are legally liable to preserve the immunity of the
Shaikhs both from taxation and from dispossession of their
property. His Majesty’s Government might well consider it
advisable to adopt the course of action which was contemplated
in 1930 and to claim their right to refer to the Permanent Court
the question whether this obligation is one which has also become
binding internationally on Iraq. So long as this possibility
exists, it is important that no action should be taken by His
Majesty’s Government or their Representatives which could be
construed as being inconsistent with their view that the
responsibility for implementing the pledges given to the Shaikhs
in 1914 rests with the Government of ’Iraq. Sir John Simon is
advised that the execution of service of the documents emana-ting
from the Basra Court by 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.
might if carried
out without any official protest by His Majesty’s Government,
prejudice the case of His Majesty’s Government in this manner
and, subject to the views of Sir Samuel Hoare and of the Treasury,
who are also being consulted, he would suggest that the Political
Resident be instructed to defer service of these documents
pending the receipt of further instructions.
4. A copy of this letter is being sent to the Treasury.
I am,
Sir,
Your obedient servant,
(Sgd.) J. Hathorn Hall.
About this item
- Content
The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the court suit raised in Basra Court by members of al-Zuhair family complaining against the Ruler of Kuwait. The suit in question concerns a portion of the Shaikh’s Faddaghiya estate on Shatt al-Arab, and the Bashiya land to which members of al-Zuhair family lays claim to. According to the reports, the Faddaghiya estate was owned by Aisha, wife of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair. Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. sold the estate to Shaikh Mubarak of Kuwait although he did not hold a Power of Attorney from his wife at the time of the sale, in 1914.
The Iraqi Government had requested via the British Embassy, Baghdad, for the Shaikh of Kuwait to submit to the Basra Court certain documents related to the case including a copy of Power of Attorney to prove the right of Ahmad Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair to proceed with the selling.
The volume includes a sketch map of the Faddaghiya estate with explanatory notes (ff 94-97). It also includes minutes of a meeting which was held at the Foreign Office in London to discuss issues related to the date gardens and the court suits. The correspondence contains reports that the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. on the Faw estate have started refusing to pay rent and were committing acts of sabotage. The Shaikh in turn argued that the British Government’s procrastination had caused him further troubles. Among the correspondents in the volume 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. , Bushire, 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. , Kuwait.
The volume’s core correspondence covers the years 1932 and 1933. The earlier start date given to the volume is a result of correspondence between Sir Henry Dobbs, Revenue Commissioner, Basra, and Abdul Aziz al-Salim Al-Badr, Agent of the Shaikh of Kuwait in Basra (ff 23-25), which is dated 14 June 1915. The correspondence includes the details of the Tapu dead registration granted to the Shaikh of Kuwait.
- Extent and format
- 1 volume (206 folios)
- Arrangement
The papers are arranged in approximate chronological order from the front to the rear of the volume.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 208; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Two additional foliation sequences are also present in parallel between ff 6-203, and ff 139-203; these numbers are also written in pencil, but are not circled.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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'File 2/5 II SHAIKH’S DATE GARDENS' [34r] (72/420), British Library: India Office Records and Private Papers, IOR/R/15/5/141, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100044749187.0x000049> [accessed 24 April 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/141
- Title
- 'File 2/5 II SHAIKH’S DATE GARDENS'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:11v, 13r:15v, 18r:45v, 47r:70v, 74r:75v, 78r:140v, 144r:188r, 197r:207v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence