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'File II. IRAQ (3) Vol. 1 Shaikh of Kuwait's Date Gardens on the Shatt-al Arab. (Kuwait's relations with Turkish Govt. and Turkish demand that Kuwaitis should take out Turkish Nationality Certificates)' [‎160r] (337/636)

The record is made up of 1 volume (307 folios). It was created in 18 Sep 1904-10 Nov 1913. 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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No. 2081 (Confidential), dated Bnekire, the 81 st July (received the 8th August) 1910 .
From— ■ LietjtenavT'Colonel P. Z. Cox, C.S.I., C.I.E., 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. ,
0 '”“ r ^ ie Secretary to the Government of India in the Foreign Department, Simla. ^
With reference to any letter No. 1880 , dated 10th July 1910 , I have the
honour to forward, for the information of the Government of India, a copy of a
urther communication which I have received from 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. ,
No. C.- 46 , dated iPth July i9io. Koweit, giving further explanations of the
. | . # attitude of the Turkish authorities in re-
gard to the | , egistration of Sheikh Mubarak’s property. These explanations
make the position clearer and lead to the conclusion that the recognition of
Kowmti as a nationality is the solution which we should endeavour to
achieve.
No C .-45 (Confidential), dated Koweit, the 19 th July 1910 .
From Captain W. H. I. Shakesfear, 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— Lieutenant-Colonel P. Z. Cox, C.S.I., C.I.E., 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 Gull, Bushire.
I have the honour to acknowledge receipt of a copy of your letter No
1880 , dated the 10 th July 1910 , and as it s°ems of importance to define clearly
the groun ] s of the Turkish insistence on nationality certificates I venture to
submit below some observations which I trust will make the various points
clearer.
Mo
_ 2. It will be convenient to separate what the Turkish officials are legally
' entitled to insist upon from what appears to be their present practice :—
(!) Hypotheses (i) and (ii) in your letter under reference are both
partially correct, for the acquirer of land must declare his nation
ality at the time of registering the transfer of the property. For
example, an Englishmen acquiring land in Basrah would declare
his English nationality and the same would be duly entered in
the “ Tapu ” Office registers when the transfer to his name was
i applied for. In any subsequent suit regarding his land the fact
t of registration in the “Tapu ” Office books would give the Eng
lishman the right and opportunity to defend or enforce his rights
by appearance in the proper Turkish Court. He would, however,
sue or be sued in a manner exactly similar to any Turkish
subject, his Consul not having the right to assist him in any way,
nor could he plead any rights under the Capitulations. Thus,
\ with the transfer recorded, he becomes, for all matters concerning
i that land, practically a Turkish subject, though enjoying his own
nationality. If he neglects to have the transfer to his own name
recorded, ne has no right to appear as a party at all in any Turkish
Court. The courts will only, recognize and hear those foreigners
in whose names the land actually stands in the “ Tapu ” Office
hooks, while Turks, of course, always have the right to appear by
virtue of their nationality. This example will show what is the
legal position of a foreigner acquiring land in Basrah.
( 2 ) The authorities in Basrah, however, go beyond this legal position and
insist on Turkish nationality certificates being produced by all
and sundry, under threat of refusing registration of transfer.
They rely on the natural ignorance and fear of legal technicalities
prevailing among the Arabs and Persians who wish to acquire
, land in the Basrah Vilayat as well as their apprehension of losing
property already paid for, without a possibility of legal remedy.
This belief is sedulously fostered by the authorities amongst the
ignorant, but no such preposterous demand is made from an
-

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Content

The volume comprises telegrams, despatches, correspondence, memoranda, and notes, relating to the:

  • Shaikh of Kuwait's date gardens on the Shatt al-`Arab
  • Turkish demand that Kuwaitis should take out Turkish Nationality Certificates
  • registration of Shaikh Mubarak's property at Faddaghiya
  • offer of a cash salary to Shaikh of Kuwait as Qaimaqam

The principal correspondents in the volume include 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, Stuart George Knox; the Ruler of Kuwait, Shaikh Mubarak al Sabah; and 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 Turkish Arabia A term used by the British officials to describe the territory roughly corresponding to, but not coextensive with, modern-day Iraq under the control of the Ottoman Empire. , John Gordon Lorimer.

Extent and format
1 volume (307 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 front cover with 1 and terminates at the inside back cover with 309; these numbers are written in pencil, are circled, and are located at the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

An additional foliation sequence is present in parallel between ff 2-308; these numbers are also written in pencil, but are not circled.

Written in
English and Arabic in Latin and Arabic script
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'File II. IRAQ (3) Vol. 1 Shaikh of Kuwait's Date Gardens on the Shatt-al Arab. (Kuwait's relations with Turkish Govt. and Turkish demand that Kuwaitis should take out Turkish Nationality Certificates)' [‎160r] (337/636), British Library: India Office Records and Private Papers, IOR/R/15/5/5, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100050944617.0x00008a> [accessed 29 March 2024]

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