'File 2/4 I TAXATION OF SHAIKH’S DATE GARDENS.' [105r] (214/640)
The record is made up of 1 volume (316 folios). It was created in 3 Nov 1914-12 Dec 1930. 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. .
Transcription
This transcription is created automatically. It may contain errors.
Cohseguently, althougl r. Henderson shares Lord. Passfielc
view that the argument based on Article 10 of the 1922
Treaty has great weaknesses, he considers that care should
he taken not to abandon this argument, or to say anything
which would preclude the use of it at a later stage.
4. In the second place, it is clear (as stated in
paragraph 8 of your letter) that His Majesty’s Government,
if they were to take the matter to The Hague Court
unilaterally, could only do so under Article 17 of the
Treaty, and under that Article could only ask for the
decision of the Court on the dispute so far as it arises
out of the interpretation or application of She Treaty.
The Secretary of State is however advised that His Majesty'
Government should endeavour in the first place to induce
the Iraqi Government to submit the question by a special
agreement, rather than allow the matter to be brought
before the Court by an unilateral application; and also
that in that event an autempt should be made to ensure
that the special agreement be drafted in the widest
possible terms. For instance the special agreement might
provide for the submission to the Court of a question
formed on the following lines
"Are the Iraqi Government obliged, under the provisions of
the Treaty of Alliance of 1922, or under the rules of
international law, to continue to accord exemption from
taxation to the date gardens of the two Shaikhs. ?"
In order to induce the Iraqi Government to agree to the
submission of the question by means of a special agreement,
the pride and amour p rppre of The Iraqi Government might
be played on by pointing out that it is much more in
accordance with their dignity willingly to submit the
whole question in dispute to the Court (in the manner
which under the Optional Clause all the Great Powers
have now undertaken or are about to undertake, to adopt
in their relations with each other), than to be forced
to appear before V e Court by unilateral application
under
About this item
- Content
The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, and the Shaikh of Mohammerah, Khaz'al al-Ka'bi, in southern Iraq. In particular, the correspondence concerns the Government of Iraq's intention to end the immunity from taxation (on the gardens) that had been granted to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ, and the Shaikh of Mohammerah by the British Government in return for their military support against the Ottoman Empire in the First World War. The volume contains letters (ff 16-20), dated November 1914, from the British Resident and Consulate-General, Bushire, Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , to both shaikhs in respect to this issue. The volume also contains correspondence between British officials discussing the British Government's obligations to Kuwait and how it should react to the Government of Iraq's plans.
The Iraq Government had considered and continues to consider that the exemption from taxation is illegal. This issue was discussed in an extract of an article that appeared in Al-Iraq newspaper and published in 1927, in which the writer The lowest of the four classes into which East India Company civil servants were divided. A Writer’s duties originally consisted mostly of copying documents and book-keeping. gives the exact amount (12.000 Turkish gold liras per year, or 100.000 in the past 7 years) Iraq was losing annually as a result of the exemption from taxes granted to the two shaikhs.
The British officials had direct correspondence with the Council of Ministers, Iraq. They conveyed the British Government’s approval to the Government of Iraq to open up direct negotiations with the Shaikhs of Kuwait and Mohammerah regarding their revenue exemptions. Correspondence between the High Commissioner, Baghdad, and the Government of Iraq were made as early as 1924 in regard to the issue. The correspondence between the British officials includes articles of the Anglo-Iraq Treaties as well as reports prepared by the Law Officer of the Crown, Downing Street (ff 116-123).
The volume also contains correspondence between Sayid Hamid Bey Al-Naqib, Basra Deputy to the Ruler of Kuwait, and Shaikh Aḥmad al-Jābir conveying to him the procedures taking place in Iraq regarding his date gardens. Al-Naqib also paid visits to the Shaikh on behalf of the Government of Iraq. The volume also includes statements of the properties of both Shaikhs between the years 1914-1928.
- Extent and format
- 1 volume (316 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 318; 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.
Additional foliation sequences are present in parallel between ff 4-313; these numbers are also written in pencil but, where circled, are crossed through.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/5/135
- Title
- 'File 2/4 I TAXATION OF SHAIKH’S DATE GARDENS.'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:22v, 26r:27v, 37r:83v, 86r:106v, 110r:176v, 178r:203v, 205r:207v, 209r:229v, 231r:232v, 235r:238v, 241r:246v, 248r:252v, 256r:259r, 260r:262v, 265r:275v, 283r:298v, 301r:302v, 306r:306v, 312r:317v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence