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'File 2/5 VII SHAIKH’S DATE GARDENS.' [‎99r] (202/494)

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The record is made up of 1 volume (243 folios). It was created in 5 Jun 1932-15 Jul 1936. 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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to him on behalf of His Majesty’s GoTernment in 1914. It
would then be necessary to compensate the Sheikh for the loss
of such of the property in question as might be found to have
been covered by the pledges of 1914, and it would no longer
be possible to settle the question of the respective
responsibilities in this matter of His Majesty's Government
and of the Iraqi Government on the lines of the proposals
contained in Sir Francis Humphrys's note Ho.37 of the 28th '
January, 1935 (see his despatch Ho. 64 of the 31st January,/ /
1935) or with any modification thereof which may he decided h
upon when my despatch Ho. 629 of the 28th November last has
been considered by the competent departments of His Majesty's
Government. In this event I imagine that His Majesty's
Government would be unwilling to accept entire responsibility
for compensating the Shaikhs, and that if the Iraqi
Government were, as I expect, not prepared to accept a part
of the responsibility of their own accord, would be obliged
to ask them to agree to submit the matter to some form of
arbitration. To this course there are obvious objections,
and in my opinion it should only be adopted as a last resort.
8. I doubt whether the Minister for Foreign Affairs
realizes the full Implications, as explained in the preceding
paragraphs, of his request that the Shaikh should agree to
accept service of the documents connected with the cases now
pending against him, and I feel certain that he and the Iraqi
Government as a whole genuinely believe that the Shaikh is
taking advantage of the protection afforded to him by His
Majesty's Government to adopt an attitude in the matter which
can be justified on grounds neither of equity nor of
international law. I venture to suggest, therefore, that I
should be authorized to move from the uncompromising position
which I and my predecessor have previously been instructed to
take up in this matter and to explain the position frankly to
the Iraqi Government. I should then feel much more hopeful
of being able to enlist their genuine help in an endeavour to
find/

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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 service of judicial documents emanating from the Iraqi Government on the Shaikh of Kuwait in connection with his ownership of the gardens. 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 Kuwait and the British Ambassador in Baghdad mediate the talks between the Shaikh of Kuwait and the Iraqi Government in order to resolve the issue. The correspondence also concerns the action of the Basra Port Authorities in regards to the stakes they have driven into the strip of land which is part of the Shaikh’s Faw property, the suggestion made by British Officials to the Shaikh to give as a gift a piece of his land at Faw to the Government of Iraq, and the Shaikh’s complaints against the Iraqi Government for putting obstacles in the way of his agents and officials administrating his properties.

The volume includes records of meetings held at the Foreign Office, London, to discuss the questions of possession and title of the Shaikh of Kuwait, the liability of the Shaikhs’ properties to Iraqi taxation, and the British Government’s proposals for a comprehensive settlement of the date gardens issue.

The volume’s core correspondence covers March- July 1936. The earlier start date given to the volume is a result of correspondence by the British Embassy Baghdad, which includes the English text of the Iraqi Land Settlement Law of 1932 (ff 145-155), which is dated 5 June 1932.

Extent and format
1 volume (243 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 245; 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 6-240, and ff 66-240; 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 2/5 VII SHAIKH’S DATE GARDENS.' [‎99r] (202/494), British Library: India Office Records and Private Papers, IOR/R/15/5/146, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100052620526.0x000003> [accessed 19 April 2024]

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