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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎133r] (267/628)

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The record is made up of 1 file (310 folios). It was created in 6 Dec 1942-18 Nov 1943. 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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Enclosure to
rorfc.of Indie
letter D3291/I.:
14.12.37.
siuiiai oi liU./UTv:) j .j . 3 1 .
1
In November 1914 His l ajesty*s. Government male the
following Jeclaratipn: -
f v* 1 '-6
To /7 - // u
His frxcellency
Shaiich Sir 1 ubaraxv As-Subah, K.C.3.I., A. 1.1.3. ,
Ruler of 1L await and Dependencies,
Kuweit.
After Compliments,
In continuation of previous letter intimating the
outbreak of war between the British Government and furkey,
I am ordered by the British Government to convey to Your
Excellency gratitude for your loyalty and your oifer of
assistance, and to request you to attack Umm Aasr, Safwan,
and Bubiyan and to ojcupy them. You should endeavour,
afterwards, in cooperation with Shaikh Sir Khazal Khan,
Amir Abdul Aziz bin laud, and other reliable Shaikhs to
lioera&e Basrah from Turkish possession. Should this prove
to be beyond your ability, you should ma^e arrangments, if
possible, to prevent furnish reinforcements from reaching
Basrah or even furnah, until the arrival of the British
troops whom we shall send, please God, as soon as possible.
I also hope that two of our men-of-war will reach Basrah
before the arrival of your troops there. And though it
should be your highest aim, in this connection, to liberate
Basrah and its people from Turkish rule, still we request
that you should use your utmost endeavour in preventing
troops and others from plundering the merchandise
belonging to British merchants in Basrah and its
dependencies, to protect the European residents of Basrah
and to safeguard them from loss and oppression. In return
for your valuable assistance in this important matter, I
am ordered by the British Government to promise to Your
Excellency th it if we succeed therein - and we shall
succeed therein, please God, - we will not return Basrah
to the Turkish Government and we will not surrender it back
them at all. Further ore I ivaice to you, on behalf of the
British Government, cerbain promises concerning Your
Excellency personally, viz:
(1) that your gardens which are now in your
possessions viz. the date gardens situated
between Fao and Qurnah shall remain in your
possession and in pO' se sion of your descend
ants without being subject to the payment of
revenue or taxes.
(2) that if you atLaex Safwan, Umm $asr and
Bubiyan and occupy them, the British
Government will protect you from any consequ
ences arising from thet action.
(3) that the British dovernmeno does recognise and
admit that the Shaiuh&om of Kuwait is an
inde endent Government under British protection
I request that you will be good enough to read the
enclosed letter and transmit the same to the Amir of Najd
at the earliest convenience. I have addressed a letter to
the Shaikh of llohommerah similar to this I am writing you.
I am confident of your old-established friendship
with the exalted Government and I believe that Your
Excellency v/ill use your endeavour, in these important
matters, in every respect.
I avail myself of this opportunity to assure you of
my high esteem, and may you continue to remain preserved,
and salaams.
(Sgd) S.G. KNOX

About this item

Content

This file is a continuation from IOR/R/15/5/152. It contains correspondence, memoranda and legal papers regarding lawsuits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties, and efforts on behalf of the Shaikh to reclaim the properties. The papers discuss the progress of the various cases, appeals and hearings regarding the Faddaghiyah (eventually found in favour of the Shaikh), the Bashiyah (eventually found against the Shaikh) and the Fao (still ongoing by the closure of the file) properties.

The papers also discuss: the provision of legal advice for the Shaikh, following the appointment of the Advocate Nasarat al-Farisi as Iraqi Ambassador to Turkey; technical difficulties with Powers of Attorney granted to and by the Shaikh; the occupation of the Fao fish and meat markets by agents of the Fao Municipality; the rebellion of the Shaikh's 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 Fao estate, and their refusal to pay rents or gather the date harvest; the prohibition against the export of dates from Iraq to countries other than Kuwait without the prior agreement of the Date Board; and the potential compensation claim should the Shaikh lose ownership of any of the properties.

The file primarily consists of correspondence between 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 The historical term used to describe the body of water between the Arabian Peninsula and Iran. , 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. Political Department, 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. at Kuwait, and HM Ambassador to Iraq. It also contains copies of correspondence between the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's secretary (Abdulla Mulla Saleh) and the Shaikh's lawyers (Sulaiman Faidhi, Nasrat al-Faresi, and Iskandar Mansur), as well as copies of outgoing letters to them.

The file contains the following legal documents (English translations unless otherwise stated):

  • Copy of the pleading submitted by Nasrat al-Faresi to the President of the First Court of Appeal of the Land Settlement Board, ff 59-76.
  • Document listing the various postponements to the Faddaghiyah case, providing dates and grounds for postponement, f 82.
  • Copy of the final decision of the Second Court for Land Settlement, Iraq, for the Faddaghiyah Estate, ff 101-102.
  • Power of Attorney documents, ff 108-109, 184-185.
  • Précis on all the diplomatic and legal proceedings regarding the Shaikh of Kuwait's date gardens since 1927, with index, ff 130-145.
  • Memorandum submitted by Nasrat al-Faresi to the Iraqi Court of Cassation regarding the Faddaghiyah Estate, ff 186-188.
  • Memorandum submitted by Iskandar Mansur to the Court of Cassation regarding the Faddaghiyah Estate, ff 191-192.
  • Various memoranda and documents of security submitted to the Iraqi Courts, ff 197-205.
  • Final decision of the Court of Cassation regarding the Faddaghiyah Estate, ff 290-291.

The correspondence is continued under reference IOR/R/15/5/154.

Extent and format
1 file (310 folios)
Arrangement

The papers are arranged in rough chronological order from the front to the rear of the file.

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 312; 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. Three additional foliation sequences are also present in parallel between ff 1-311, ff 21-103, and ff 182-295; these numbers are also written in pencil, but are not circled.

Written in
English in Latin script
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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎133r] (267/628), British Library: India Office Records and Private Papers, IOR/R/15/5/153, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041943431.0x000044> [accessed 4 October 2024]

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