'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎4r] (18/1904)

CONFIDENTIAL.
No. 1344; dated Mohammerah, the 17th May (received 5th June) 1911.
From -lieutenant-colonel P. Z. Cox, C.S.I., C.I.E., 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
rei-sian Guif,
To The Hon'ble Sir A. H. McMahon, K.C.I.E., C .S.I., Secretary to the Govern-
ment of India m the Foreign Departmentj Simla,
I have the honour at length to submit the material collected for our reply to
the German Rejoinder in the Abu Musa case, together with my observations on it.
2. When I telegraphed from Henjam at the end of March that I had collected
he local material and that the writing of it up would occupy some days, I did not
realize that it would prove to be quite the intricate task which I have found it,
to deal with all the small points used in the German communication. When at
headquarters I am subject to incessant interruption and I have only been able
to complete the report by coming for a few days to the Shat-el-Arab and working
in quiet on the Lawrence.
The German Rejoinder was a formidable document if read by itself, but when
studied by the light of the papers already recorded, a great deal of the substance
fell ont of it, and I have seen no reason to alter the appraisement which I made
of it in enclosure (1) to my note of February 19,1910, submitted to His Majesty's
Foreign Office.
So far as I can judge, the fundamental points of our case remain unshaken
and the papers now submitted will, I hope, be found to supply a not unsatisfactory
reply, to accompany our offer of compromise.
To save time, I have ventured to forward two copies of the papers by the
same mail to the Political Secretary, 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. .
Bne/ comment in summary of the fresh
It seems unnecessary to do more than take up the thread from the point
where it was left by my note submitted to His Majesty's Foreign Office on 12th
February 1910, to which I beg reference.
The " Issues "referred to below are those framed in that note.
Issue {a)—
(1) The right to jetsam and flotsam.
It is shown by documentary and testamentary evidence that in the Gulf
the right is levied by the local inhabitants and their overlord, if he can,
and sees fit to do so, takes his share. It is shown dso that no one but
the ruling Shaikh has been recognized in this connection, but that
he (Sagar) in virtue of the arrangement by which he allowed Salim
the income of Abu Musa, has left the levy to him-
(2) The rejected version of the oxide concession, dated 6th April 1898, is
shown to have been drafted by Abdullah bin Hasan Samaiyeh himself,
and to have been rejected by Abdul Latif specifically on account of the
unwarrantable claim therein put into Salim's mouth, of formal owner
ship. The final version of the concession was then drafted by Abdul
Latif himself.
(3) What the German note calls " revenue from mother-of-pearl and
canary seed " is shown to be a mistranslation. It should be " ground
rent from storage of ' muhar' and ' zinni oyster-shells.' The ' muhar '
and ' zinni' are two species of pearl-bearing shells. The word for
canary seed ' kazni' is somewhat like ' zinni.'
Shaikh Sagar specifically allowed this to go to Salim as part of the income
of the island.
(4) The mica lease was given with the ruling Shaikh's knowledge and
consent and Shaikh Salim was allowed to take proceeds as part
of revenue of island. It proved to be a mare's nest and fizzled out.
Salim's enjoyment of the income of the island, with the consent and
subject to the pleasure of the ruling Shaikh, is not disputed.
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