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'Files 61/12 and 61/16 (D 80) Treaty between Bin Saud and H. M. Govt' [‎186r] (380/408)

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The record is made up of 1 volume (200 folios). It was created in 19 Apr 1923-10 Mar 1930. 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 Documents collected in a private capacity. .

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[This Document is the Property of His Britannic Majesty's Government.J
EASTERN (A rabia ). [October 3, 1927.]
CONFIDENTIAL. S ection 1.
[E 4168/3642/91] No. 1.
Foreign Office to Acting Consul Jakins (Jeddah).
^ Foreign Office, October 3, 1927.
I AM directed by Secretary Sir Austen Chamberlain to inform you that he has
had under consideration the enquiry made in Mr. Stonehewer-Bird's letter of the
1st August to me (a copy of which is enclosed*), regarding the attitude which he
should adopt in the matter of the Capitulations and jurisdiction over British subjects.
2. It will be seen from paragraphs 13, 14, 15 and 16 of the report on
Sir G. Clayton's recent negotiations with Ibn Saud (a copy of which is enclosed
hereint) that Ibn Saud refused to agree to the terms of article 6 of the djatt treaty
presented to him (see enclosure in Foreign Office despatch No. 4/ of the 2/th Apn ),
the effect of which in practice would have been that His Majesty s Government ga\ e
up their claim to capitulatory rights without making a definite statement to that
effect. The attitude of Ibn Saud was that he required a formal renunciation ot the
Capitulations by His Majesty's Government, and to this demand bir G. Clayton
refused to agree. In the end article 6 of the draft treaty was dropped, and m place
of it the following words were added to article 5 of the treaty in its final form. i
being understood that the principles of international law in force between independent
Governments shall be respected." tt - at • r' 0
3 In proposing article 6 to Ibn Saud for acceptance. His Majesty s Govern
ment were fully prepared to drop their claim to capitulatory rights m Ibn baud s
territories. At the same time they hoped that, as the question of disputes between
British subjects (as contrasted with those to which one party omy was a Br
subiect) was not specifically mentioned. His Majesty s consular officers would be
left free to intervene as in the past, to secure an amicable settlement of such cases.
4 The (mission of article P 6 from the treaty as finally
anv change in the attitude of His Majesty's Government, namely, that they nc k n^e
cWm cafftSatory rights in Ibn Sand's territory, but do not intend to make any
formal statement to that effect. You should therefore take no definite step which
would show either that His Majesty's Government regard the Capitulations as being
in force or that they have definitely agreed to their abolition. In practice this wi
mpan that vou should endeavour, as your predecessors have done in the past, to settle
fls manv cases out of court as possible; but if the local authorities insist on arresting
and trving British subjects for crimes against local subjects, you should acquiesce.
tp think it desirable in the interests of justice to make an oral or formal pio es ,
you may do so It your discretion, without claiming that your intervenUon rests on
the Capitulations ^ ^ are B itish subjects, you should
• iL.t tn the iurisdiction of the native courts. It would not be possible for
again cons ™ t J° , D J risoners in such cases to Port Sudan or Egypt for trial, as the
you to ? en f P ies wou id n ot have jurisdiction to try them. The Secretary of
S U t not doubt that the Hejaz authorities would permit you to be present at
State does not don t J and y0UI . presence and any representations which
vou might make in the matter would probabl? ensure that any British prisoner would
receive a fair trial. j am, &c.
L. OL1PHANT.
* Not printed.
[259 c—1]
f June 6, 1927, Section 1.

About this item

Content

The volume mostly consists of correspondence concerning the relations between Britain and Ibn Sa'ud, with a specific focus on the negotiation and signing of the Treaty of Jeddah. The majority of the correspondence is between the British Legation in Jeddah and the Foreign and Colonial Offices in London. Copies were often sent to the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in Bushire, the Political Agencies in Bahrain and Kuwait, and the High Commissioners in Baghdad and Jerusalem.

The volume follows the evolution of the Treaty:

  • Britain's initial reluctance, due to their official friendship with King Hussein, to engage with the issue prior to Ibn Sa'ud's conquest of the Hejaz;
  • how this event then gave cause for the Bahra and Hadda agreements of November 1925;
  • the negotiations between Ibn Sa'ud and Gilbert Clayton in early 1927 leading to the signing of the Treaty of Jeddah on 20 May that year and its ratification in August.

At the end of the volume (folios192-196) is Clayton's final report on his mission to the Hejaz and includes a copy of the Treaty.

Extent and format
1 volume (200 folios)
Arrangement

The volume is arranged chronologically.

Physical characteristics

Foliation: the sequence starts on the first folio and continues through to the inside back cover. The numbering is written in pencil, circled and written in the top right corner of each folio. There are the following irregularities: ff 1A-1C; f 185A; ff 78-84 are those of a booklet, stored in an envelope (f 77A). There is a second sequence that is also written in pencil but is not circled and is inconsistent.

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English in Latin script
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'Files 61/12 and 61/16 (D 80) Treaty between Bin Saud and H. M. Govt' [‎186r] (380/408), British Library: India Office Records and Private Papers, IOR/R/15/1/574, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100087786908.0x0000b5> [accessed 23 April 2024]

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