"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [و‎‎١‎٢‎٨] (١٩٠٤/٢٦٦)

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(28) Now if the revenue of an island was to Salim
not have been natural to give him that of Musa ?—The status of
bir Abu Nuair and Abu Musa islands in relation to the Ruling Shaikh of
Shargah were precisely the same. The simple reason why Shaikh Sagar did
not at that time intimate the grant of the revenue of Abu Musa to Salim in
lieu 01 a cash payment, was that that island then brought in no specific revenue.
The fact was that the interest which Salim had taken in the place as Ruling Chief
Annex 1) and the money he spent in endeavouring to cultivate it had
all come to nothing, by reason of the failure of the water-supply. Thus address
ing the Resident on 9th Zilkhadeh 1297 (14th October 1880) the Residency
Agent wrote that according to what he had heard from the Ruler of Shargah
(then Shaikh Salim) regarding Abu.Musa—" Its water has altogether become salt
and the trees have died away. He does not get anything from the place, not
even a gaz (small copper coin)
So the reason why the income of Abu Musa was not mentioned is obvious
(see also item 35).
(29) Salim has always exerSeised th —
These petty potentates of the Gulf littoral do not concern themselves with
abstract attributes of sovereignty, and in tracts where no postal or telegraphic com
munications exist and effective administrative control, according to our ideas,
is lacking, practice is necessarily conflicting with theory. The right to jetsam
and flotsam is exercised on the basis of " might is right. " The local inhabitants
exact it when they can, and the Shaikh of the principality levies or foregoes his
royalty as his inclination and ability may dictate. Abundant testimony to this
effect is forthcoming.
The cases connected with the island of Abu Musa quoted in the German argu
ment were never reported to the Residency, as an amicable solution was arrived
at locally. I have no reason to doubt the facts, but may mention in connection
with the first case quoted, and German Annex No. 6, that Salim was at that time
acting as Regent, so that he might have been writing as Ruling Shaikh. He
admittedly shared the proceeds of wreckage with the inhabitants of the island for
the time being, migrants from the Shargah suburb of Khan for the most part and
thus full subjects of the Ruling Shaikh of Shargah, but he exercised this right in
virtue of the dispensation from Sagar which permitted him to enjoy the produce
of the island, vide Shaikh Sagar's statement in Annex 2. As far as the Resi
dency is concerned we have always, as a matter of course, recognized the posi
tion of the Ruling Shaikh in the matter.
Thus, on the 17th May 1894, the Residency Agent, Shargah, reported the wreck
of a Bahrain boat on Abu Musa and its detention by the inhabitants thereof,
pending payment of half the value (Annex 3). It will be seen that it was " the
Shaikh of 'Shargah " that the Chief of Bahrain proceeded to entreat, and the
Sheikh of Shargah J " whom the Residency recognized (Annexes 4 and 5),
Again in the case of the stranding of the British India Steam Naviga
tion Company's S. S. Bulimba on the island (Annex 6) it is dearly the " Shaikh
of Shargah " whose position and responsibility were recognized.
As a matter of fact, under Article 4 of the Treaty of the 6th February l-fOG
with Shaikh Sultan bin Sagar, father of Salim, and grandfather of Sagar, the
Jowasim are not entitled to exercise their right in the case of British craft, but in
practice the incident has usually happened and has been adjusted by local
understanding before any news oMt has transpired.
On the general question of the incidence of the right, and the position and
practice in regard thereto, I offer the following evidence :—
[i) Copy of a letter, dated 1st March 1905, addressed by me to the Assis
tant Resident, Bunder Abbas, in'reply to an enquiry on the subject
(Annex 7).
(n) Translation of Shaikh Sagar's own explanation of the position of him-
1 self and Shaikh Salim in reference to this question (Annex 2).
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