Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [89r] (182/1246)
The record is made up of 1 volume (619 folios). It was created in 17 Jan 1934-22 May 1936. It was written in English. 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.
This transcription is created automatically. It may contain errors.
to him on behalf of His Majesty’s Government in 1914. it
would, then be necessary to comp senate 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 No, 37 of the 28th January, 1935
(see his despatch No. 64 of the 31st January, 1935) or with
any modification thereof which may be decided upon when my
despatch No. 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 Ait airs
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
justified on grounds neither of equity nor of international
I venture to suggest, therefore, that I should ue authoiiz
move from the uncompromising position which I and my predecess
About this item
This volume is a continuation of IOR/L/PS/12/2853. It consists of extensive correspondence, memoranda and reports regarding date garden properties in Iraq owned by the Shaikh of Kuwait, changes to their tax-exempt status, and lawsuits regarding their ownership. Properties owned by the Shaikh of Mohammerah are also discussed in the volume.
The volume opens with correspondence regarding a plan to have the lawsuits against the Shaikh of Kuwait dropped, by paying the plaintiffs to desist. Other topics discussed include: a proposal to allow the Iraqi Government to tax the estates, and for HMG Her or His Majesty’s Government in London. to compensate the Shaikhs of Kuwait and Mohammerah accordingly; difficulties in establishing the exact extent of the Iraq properties owned by the Shaikh of Kuwait; an application by the Basra Port Directorate to take possession of certain land belonging to the Fao property of the Shaikh of Kuwait; and suggestions that the Government of Iraq establish a commission to investigate the ownership and tax status of the properties.
The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, the 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. , 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 (Harold Richard Patrick Dickson), 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 the Persian Gulf Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. (Hugh Vincent Boscoe), and HM Ambassador to Iraq (Archibald Clark Kerr). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his lawyer (Jacob Gabriel), and the Agent in Iraq to the Shaikh of Mohammerah (Shaikh Khaz'al bin Jābir Mirdāw al-Ka'bī).
The following reports and legal documents appear within the volume:
- Statements of losses sustained by the Shaikh of Kuwait through payment of the Istihlak tax, export duty, and compensating tenants during 1932-1933 and 1934, ff 506-530 and 190-196 respectively.
- Statements of losses sustained by the Shaikh of Mohammerah through payment of the Istihlak tax on his date properties in Iraq, ff 395-397, 399, and 401-403.
- Details of the garden properties which were in the possession of the Shaikh of Kuwait in 1914, and which were included in HMG Her or His Majesty’s Government in London. 's 1914 pledge (Al Mutaawa'ah, Al Faddaghiyeh, Al Farhaniyeh - cum - Kushaishiyeh, Al Fao, and Al 'Ujairawiyeh), ff 348-360.
- Translation of a letter from Jacob Gabriel to the Mutasarrif of Basra, regarding the Port Directorate application, ff 266-268.
- Note on the exempted 'Ujairawiyeh estate, made by 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, ff 279-280.
- Reports 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. , Kuwait on the Shaikh's estae at Fao, including a diagram of the contended plots, and an excerpt from the An Nas newspaper providing details of the boundaries of the estate, ff 74-82.
- Details of the suits brought against the Shaikh in respect of certain land or land rights, including a list of cases to be heard in the Basra Court of First Instance, ff 86-92.
- Historical summary of the case, and proposals made by HM Ambassador to Iraq, ff 9-24.
The file continues with Collection 17/8 part 3, reference IOR/L/PS/12/2855.
The volume includes dividers which give lists of correspondence references contained in the volume by year. These are placed at the end of the correspondence (folios 4-5).
- Extent and format
- 1 volume (619 folios)
The papers are arranged in rough chronological order from the rear to the front 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 621; 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. An additional foliation sequence is present in parallel between ff 4-618; these numbers are also written in pencil, but are not circled.
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