'File II. IRAQ (3) Vol. 1 Shaikh of Kuwait's Date Gardens on the Shatt-al Arab. (Kuwait's relations with Turkish Govt. and Turkish demand that Kuwaitis should take out Turkish Nationality Certificates)' [‎195r] (407/636)

No. 2576 (Confidential), dated BusMre, the 25 th September (received 3 rd October) 1910 .
From— Lieutenant-Colonkl 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
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ,
To—The Secretary to the Government of India in the Foreign Department, Simla.
In continuation of my telegram No. 813 , dated 2 nd September 1910 , I
have the honour to submit the result of the enquiries made by the Political
Koweit Agency An office of the East India Company and, later, of the British Raj, headed by an agent. letter No. c.- 65, dated uth sep Agent, Koweit, from Sheikh Mubarak
tember 1910. \i y j ^ as to how the registration question in con
nection with his properties on the Shatt*el-Arab had been solved in the past.
2 . The present position is recapitulated by Captain Shakespear in the
concluding paragraph of his report, and it will be remarked that in the last
transaction put through the transfer of part of the Mutawiah property from
Uamid-al-Khalid to the Sheikh nationality certificates were insisted on, and
the difficulty got over by the acceptance of such certificates by one wife and
two concubines of Sheikh Mubarak.
3 . The attitude assumed by the Turkish authorities in this case and in
respect of the Fadaghia transaction is not compatible with the position claimed
by Mr. Crow and accepted by Vali Suliman Nazif Bey’s predecessor, as set
forth in the papers quoted in my telegram of 2nd instant, but in existing
circumstances the settlement of the difficulty by the registration of the property
in the names of the same three ladies, or the Sheikh’s blind son, seems the
simplest solution ; though the fact that the formal good offices of His Majesty’s
Embassy should take the form of such a suggestion seems.to me to bear a some
what inconvenient aspect in reference to onr attitude upon the question of the
status of Koweit, an aspect which the Sheikhs of Koweit and Mohammerah may
not impossibly regard as indicative of a change of policy on our part.
Eor this reason, should the solution of the Fadaghia question assume the
above shape, I venture to advise that, in order to maintain a consistent atti
tude locally, we inform Sheikh Mubarak that we learn that the Porte are inclined
to compromise with him on those lines, and that as his financial interests are so
strongly concerned, we do not propose to complicate matters by raising anv
objections.
<2
^ ■ No. C .-55 (Confidential), dated the 14 th September 1910 .
P f .From— Captaim W. H. I. Shakespear, LA., 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. , Koweit,
^o—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. , Bushire,
I haveNlie honour to invite a reference to the Government of India’s
telegram No. 482 - 8 ., dated the 21 st August 1910 , a copy of which was forward
ed to me under your Second Assistant’s endorsement No. 2273 , dated the 23 rd
August 1910 .
2 . On my return to Koweit I brought up the subject of his properties on the
Shatt-el-Arab in two interviews with the Sheikh. Sheikh Mubarak tells me that
originally there were five properties named respectively Kutizain, Gherdilan,
Ajerawiya, Fao and Sufieh in the joint possession of the Subah family, and a
small one Farhaniya (also known as Dowasir), which has been Mubarak’s in
his own separate right from a very long time. The first five were redistributed
as the result of the agreement come to between Sheikh Mubarak and his
nephews in September 1903 , a copy of which is already on the 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.
records. As a result of this agreement Mubarak gave up his interest in the
other four estates for the exclusive right to Fao, retaining of course the small
separate one of Farhaniya, which was already his own.
Thus we have now only to deal with the Fao estate the Facjhaniya estate
and the gardens subsequently purchased.
3 . Both the Fao and Farhaniya estates were inherited, and as regards them
no demand has ever been made for registration in the “ Tapu ” Office books and
they have never been so registered. The Sheikh says his title to these two
consists of documents from his forefathers of the nature of testamentary, gift
or mutual agreement deeds.