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'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [69v] (149/1904)
The record is made up of Four volumes. It was created in 1871-1911. 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. .
Transcription
This transcription is created automatically. It may contain errors.
6
now be made to certain circumstances which constitute direct evidence of Salim's
ownership.
Salim has always exercised the right to wreckage on Abu Musa. In 1898 a boat
belonging to Hassan Samaih grounded on Abu Musa. Salim claimed part of the cargo
on account of his right to wreckage, but finally withdrew this claim in consequence of
the intervention of Abdallatif, and informed the latter of his decision in a letter of the
23rd March, 1898 (29 Shavval, 1315).* Salim here speaks of the " right belonging to
us " j" and of " our Island of Abu Musa,"
Further, a boat belonging to Abdallah Muhammed Hassan Alkhadja, a merchant
of Lingah who had for many years carried on an active trade with the Oman coast,
grounded on Abu Musa about seven years ago, and Salim, not Sakar, took possession of
the boat and cargo as wreck. The question of the sum to be paid to Salim or the
proportion of the cargo to be kept by him afterwards formed the subject of long
negotiations with Salim, which Hassan Samaih and his son Abdallah conducted on
behalf of Abdallah Muhammed.
Sheikh Salim concluded two lease agreements respecting the oxide mines : the first
on the 6th April, 1898 (14 Dulkade, 1315)4 ihe second on the 10th April, 1898
(18 Dulkade, 1315),§ The first was expressly cancelled by the second. Neither
contains any reference to the regency or representation.
On the other hand, the first agreement contains the passage : " So long as I, my
children, and my brothers live no one shall have a right to raise objections' to it (i.e., the
lease)." This clearly expresses that Salirn regarded himself as the owner, since he
"speaks of himself and his heirs, which would be impossible if he had only been acting
as the representative of Sakar. If the lease agreement had been concluded in Sakar's
name, Salim could not have declared that no one (including, therefore, Sakar) was to
have a right to raise objections, and, moreover, there would have been no sense in
mentioning Salim's heirs in the agreement.
In the second agreement Salim further secured for himself an annual payment of
100 French reals for the trade in mother-of-pearl and canary seed. Salim has always
levied this sum from the lessees as well as the rent. In the document of the 19th
August, 1898 ( 1 Rebi-ul-Tani, 13151> Annex 8 of first German Memorandum), in which
Sheikh Sakar announces his entry into the mining company, he e xp ressly undertak es^
■pay a proportional part of the mother- of'-y ea rl due. This is absolutely inconsistent with
S-'i/v's a- : - »' h . i.c ha ; uTaiaed 1.. S.-.lhu o?(/.<• the t'>- vria's m^nes, unci at
the same time shows that Salim had a right to the enjoyment m his own name of all
sources of profit to be derived from Abu Musa, and that he could exercise this right
even as against the reigning sheikh.
Another circumstance of particular importance in connection with the question as
i to which of the two sheikhs is the owner of Abu Musa is, that on the 26th December,
f 1898 (12 Shaban, 1316), |j that is long after Sakar had returned and Salim's regency
had come to an end, Salim leased to Hassan Samaih, Abdallah, and Isa all the deposits
of mica on Abu Musa. The lease is for a term of five years, and a tot al sum of
j 1 ,500 French reals is to be paid' for it. In the document Salim expressly speaks of
f " our Islandjo^ Abu Musa/'^T The price of the lease was jpai3 t o J^alirn bvo ilir""
, ■ '(JnliEie eth January, 1899"('JS AbdailaHrsends to Hassan Samaih
the draft of a Memorandum of Association respecting the working of both the oxide and
the mica mines, tt In sending it he observes that Sakar has seen the Memorandum , and
wishes to have a copy of it.|| Sakar, therefore, knew the terms of the agreement about
the mica mines, and knew that the rent was paid to Salim, but he had no objection to
make to the arrangement.
If Salim has no right of any kind to the island, and if Sakar allows him to have
the revenue from the oxide co ncession si mply out of liberality, how is it that Salim of
his own autTTority lets the mica deposits and takes the rent before Sakar's very eyes,
and without protest on his part? This rent of 1,500 French reals was a very con
siderable sum to the Sheikhs Salim and Sakar, who are by no means rich. Would
* Annex 6.
f The first person plural is used in Arabic indiscriminately for the first person singular. Salim nearly
always uses the plural in the Arabic text of his letters and documents.
J Annex 7.
§ Annex 8.
|] Annex 9.
Annexes 1, 2, 10, to 12.
** Annexes 13 and 14.
ff For further particulars respecting the Memorandum of Association, see pp. 14 below.
t j At this time Sakar was still a partner in the Company.
About this item
- Content
Correspondence includes the originals and annexes of the Abu Musa report of May 1911; 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. material for first British reply; printed copy of 2nd British reply; Hassan Samiyah's complaint. It also includes the printed arguments of the Foreign Office case. Correspondence discusses arguments based on various translations of Persian and Arabic words.
Correspondents include Percy Zachariah Cox, 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. ; Hassan Samaiyah; Robert Wonckhaus; Mr Tigranes Joseph Malcolm; Bahadur Abdul Latif [Abd’al Latif] , 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. Agent, Sharjah.
- Extent and format
- Four volumes
- Arrangement
The file is arranged in four volumes.
- Physical characteristics
Foliation: This file has been split into four parts. The complete foliation sequence, which should be used for referencing, runs across all four parts and consists of a pencil number, enclosed in a circle in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. In each volume the foliation commences on the first folio of writing and concludes on the last. Volume 1 contains folios 1-251, Volume 2 contains folios 252-479. Volume 3 contains folios 480-727. Volume 4 contains folios 728-910.
Foliation anomalies: 478, 478A, 512, 512A, 512B, 512C, 584, 584A, 606, 606A, 640, 640A, 821, 821A, 821B, 821C, 821D, 860, 860A, 865, 865A. Foliation omission: 646.
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- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/1/259
- Title
- 'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case'
- Pages
- 67r:76v, 86r:95v, 105r:114v
- Author
- Government of Germany
- Usage terms
- Public Domain