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Hotz versus Muḥammad Shafīʿ A Case Study in Commercial Litigation in Qājār Iran, 1888–1894
Published online by Cambridge University Press: 29 January 2009
Extract
With the growth of the volume of foreign trade in nineteenth-century Iran, as well as the direct participation of European merchants, the use of bills of exchange, promissary notes, and drafts increased. In fact, toward the end of the nineteenth century, trade in Iran would have been greatly hampered without trade bills, due to the fact that all the flow of capital was to Tehran.
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References
NOTES
1 Great Britain, Diplomatic and Consular Reports (henceforth cited as DCR), no. 4397 (Bushire, 1908–1909), p. 6.Google Scholar
2 Floor, W. M., “Bankruptcy in Iran,” Zeitschrift der Deutsehen Morgenlandische Geselschaft (ZDMG), vol. 127 (1977), pp. 61–76.Google Scholar
3 Curzon, G., Persia and the Persian Question, 2 vols. (London, 1892), vol. I, p. 450.Google Scholar
4 See the various British consular reports, e.g., DCR, no. 4179 (Bushire, 1908), p. 8: “Generally speaking, in the past it has been possible to do a good import business through approved agents…. The increasing number of claims;” DCR 4606, (Bushire, 1910), p. 7: “As regards commercial claims…the amounts still unsatisfied total some £19,250.”Google Scholar
5 DCR, no. 5093 Bushire, 1911, p. 24.Google Scholar
6 Rabino, J., “Banking in Persia,” Journal of the Institute of Bankers (1892), 52.Google Scholar
7 Greenfield, J., “Das Handelsrecht, einschlieslich das Obligationen—und Pfandrechtes, das Urkundenrecht, Konkursrecht, und das Fremdenrecht von Persien,” in Die Handelsgesetze des Erdballs (Berlin, 1906), p. 26.Google Scholar
8 Banani, A., The Modernization of Iran, 1921–41, (Stanford, 1961), p. 68.Google Scholar
9 DCR, no. 4606, Bushire, 1910, pp. 7–8.Google Scholar
10 DCR, no. 5093, Bushire, 1912, p. 23.Google Scholar
11 Ibid.
12 DCR, no. 4397, Bushire, 1908–09, p. 6.Google Scholar
13 Ibid.
14 See note 2.Google Scholar
15 Great Britain, Foreign Office (FO) 248/484, Ross to Kennedy, October 10, 1889.Google Scholar
16 Ministerie van Buitenlandse Zaken, B 149, Hotz to Hannema, November 6, 1888, A. Hotz undertook many activities to develop the wealth of Iran. He was the first to start drilling for oil (near Dālikī), and he had interests in the development of coal mines in Iran, the Imperial Bank of Persia, the carpet industry, the development of the Kārūn river, and the irrigation potential of some parts of Iran.Google Scholar Although many of these efforts met with no success, he nevertheless had a great personal interest in the welfare of Iran as is shown by his many publications, on contemporary Iran as well as on Dutch-Iranian historical relations. The same also held for one of his most important collaborators in Iran, Dunlop. That both these men were also appreciated as individuals by their fellow human beings in Iran is borne out by the sympathetic remarks made about them by Kibābī, Muhhammad 'Alī, us-Saltana, Sadīd, Bandar va Khalīj-i Fārs, (Tehran 1342/1963), pp. 620–29Google Scholar and by Shīrāzī, Mīrzā Āghā Fursat Husain, Āthār-i 'Ajam, (Tehran 1316/ 1899), p. 539.Google Scholar
17 Fasā'ī, Hājjī Mīrzā Hasan, Fārsnāma-yi Nāsirī, 2 vols, (Tehran, 1894–1896) vol. 2, p. 205.Google Scholar
18 About the drawer and the source of all problems which we are about to discuss, Āghā Hājjī 'Abd al-Rasūl Kāzirūnī, I have been unable to find any particular information. He is neither mentioned by Fasāī nor by Fursat, so he cannot have been a leading and important merchant. He was related by marriage to the Tājir Kāzirūnī family through his sister, who was wife to Abū'l-Qāsim Tajir Būshihrī, Muhammad Shafī''s uncle. FO 248/484, Groenewegen to Ross, August 22, 1889;Google ScholarIbid., Ross to Kennedy, October 10, 1889 appended to the Melville Report.
19 Here we see that the conditions set by the sharī'a to make a draft legal were met.Google Scholar
20 Algemeen Rijks Archief (ARA), den Haag, Legatie Perzië, no. 1, nr. 111, Extract letter for Bushire of 22 March 1890.Google Scholar
21 Groenewegen, W. was chief of Hotz & Son, Bushire and Dutch consul from April 1889 to May 1891, and from May 1892 to April 1894.Google Scholar
22 FO 243/484, Melville Report, October 3, 1889.Google Scholar
23 FO 243/484, Groenewegen to Ross, August 28, 1889.Google Scholar
24 A Dutch Consulate was opened at Bushire in 1868 when Richard Keun was appointed. In 1884 he was promoted to the rank of Consul-General and remained in Bushire till 1889. The charge of the consulate in Bushire was handed to the local representatives of Hotz & Son after the Consul-General's Residence had been moved to Tehran in 1889. Since early 1888, Hotz & Son were under British protection with the consent of Keun, because he could not effectively act for Hotz's establishments being stationed in Bushire. See ARA, Legatie Perzië I, no. 51, Groenewegen to Knobel, February 28, 1890.Google Scholar
25 See note 23.Google Scholar
26 FO 248/502, Ross to Drummond Wolff, January 10, 1890. For the names of the members of the ijlās, see ARA, Legatie Perzië I, nr. 253, appendix to Groenewegen to Knobel, August 15, 1890.Google Scholar
27 FO 248/484, Melville Report, October 3, 1889.Google Scholar
28 Muhammad Hasan Khān Māfī, Sa'd al-Mulk, was governor of Bushire, Lingeh, and Bandar 'Abbas as well as the tax farmer of the customs of these towns and Shiraz during the time of the dispute. Prior to the date he had been governor and customs farmer, he subleased to Hājjī Muhammad Mihdī Mālik al-Tujjār. An interesting item in one of the aspects of a governor's life in Bushire was reported by the Residency Agent at Lingeh to Ross—the deputy governor charged all inhabitants with contribution in connection with a visit by Sa'd al-Mulk. Amounts varied between Rs. 2–10. The hammāls (porters) also had to pay: donkey-owners 2 Rs., camel owners 4 Rs. per head of beasts. Besides this money contribution, every house in the villages had to contribute a fowl or two, and some a sheep. Refusal was met by flogging and imprisonments. FO 248/502, no. 83.Google Scholar
29 FO 248/484, Groenewegen to Ross, August 28, 1889.Google Scholar
30 Ibid., Melville Report.
31 Ibid., Kennedy to Ross, September 18, 1889.
32 FO 248/485. Governor Bushire to Amīn ul-Sultān, n.d., both Persian text and translation.Google Scholar
33 See note 31.Google Scholar
34 FO 248/485, Kennedy to Ross, September 20, 1889.Google Scholar
35 FO 248/484, Melville Report.Google Scholar
36 FO 248/ 502, British Agent, Shiraz to Ross, January 10, 1890; ARA, Legasie Perzië I, nr. 253, Groenewegen to Knobel, August 15, 1890;Google Scholaribid., no. 310, Groenewegen to Knobel, October 3, 1890.
37 FO 248/502, Ross to Drummond Wolff, January 10, 1890.Google Scholar
38 See note 20.Google Scholar
39 ARA, Legatie Perzië I, no. 142, Hotz to Drummond Wolff, May 31, 1890;Google Scholaribid., Legatie Perzië I, nr. 513, Collignon to Knobel, July 18, 1891; ibid., Legatie Perzië I, no. 242, Hotz & Son (Shiraz) to Nawāb Mīrzā Haidar 'Alī Khān, British Agent, May, 15, 1890.
40 Knobel, F. M., Consul-General, 1889–1895 and 1903–1906.Google Scholar
41 ARA, Legatie Perzië I, no. 139, Knobel to Groenewegen, May 28, 1890;Google Scholaribid., no. 142, Knobel to Collignon, June 7, 1890.
42 Ibid., no. 125, Knobel to Groenewegen, telegram May 26, 1890.
43 Mīrzā Nizām Ghaffārī.Google Scholar
44 ARA, Legatie Perzië I, no. 128, Groenewegen to Knobel, telegram May 26, 1890;Google ScholarKnobel to Muhandis al-Mulk, May 27, 1890.Google Scholar
45 Ibid., no. 133, telegram Muhandis al-Mulk to Sa'd al-Mulk, nd., Persian text and translation.
46 Ibid., no. 142, Collignon to Knobel, June 14, 1890. Later he complained that Wolff had transferred the Hotz claim to Knobel without even informing Hotz & Son about this, Legasie Perzië 3, no. 513, Collignon to Knobel, July 18, 1891.
48 Ibid., no. 181, Knobel to Muhandis al-Mulk, June 27, 1890; Knobel to Amīn al-Sultān, July 5, 1890; no. 187, Knobel to Groenewegen, July 10, 1890 (telegram and letter); no. 186, Muhandis al-Mulk to Knobel, July 7, 1890.Google Scholar
49 Ibid., no. 197, Groenewegen to Knobel, July 1, 1890.
50 Ibid., no. 253, Groenewegen to Knobel, August 15, 1890.
51 Ibid., Knobel to Groenewegen, September 5, 1890 (telegram); this file also contains a letter in French from Mu'tamid al-Dawla stating that Muhamnd Shafī' was not the responsible party.
52 Ibid., no. 310, Groenewegen to Knobel, October 3, 1890; no. 309, Groenewegen to Knobel, September 22, 1890 (telegram).
53 Ibid., no. 340, Groenewegen to Knobel, October 18, 1890.
54 Ibid., Groenewegen to Knobel, October 25, 1890; this friendship probably dated from the previous periods that Sa'd al-Mulk had been governor and tax farmer of Bushire. It was to the advantage of the tax farmer to be on good terms with the important merchants, see Floor, W. M., “The Customs in Qajar iran,” ZDMG, vol. 125, 1975, pp. 281ff.Google Scholar
55 ARA, Legarie Perzië l, no. 350, Groenewegen to Knobel, November 8, 1890.Google Scholar
56 Ibid., Knobel to Kennedy, November 25, 1890.
57 Ibid., no. 375, Kennedy to Knobel, November 27, 1890.
58 Ibid., no. 408, Knobel to Groenewegen, December 14, 1890 (telegram); Groenewegen to Knobel, November 22, 1890.
59 Ibid., no. 417, Knobel to Muhandis al-Mulk, n.d.
60 Ibid., no. 419. Amīn al-Sultān to Sa'd al-Mulk, December 16, 1890; Knobel to Groenewegen, December 16, 1890;Google ScholarLegalie Perzië 2, no. 3, Groenewegen to Knobel, December 13, 1890.Google Scholar
62 Ibid., Knobel to Muhandis al-Mulk, January 3, 1891; contains seven appended documents on the first and second Shiraz ijlās.
63 Ibid., no. 16, Muhandis al-Mulk, January 9, 1891.
64 Ibid., Knobel to Kennedy, January 9, 1891.
65 Ibid., no. 18, Knobel to Muhandis al-Mulk, January 11, 1891; no. 34, Groenewegen to Knobel, January 14, 1891 (telegram).
66 Ibid., no. 43, Knobel to Groenewegen, January 20, 1891.
67 Ibid., no. 56, Knobel to Groenewegen, January 29, 1891 (telegram); no. 88, Groenewegen to Knobel, January 24, 1891.
68 Ibid., no. 66, Knobel to Groenewegen, February 8, 1891.
70 Ibid., Hotz to Knobel. March 8. 1891: Knobel to Groenewegen. March 10. 1891; no. 143, Groenewegen to Knobel, March 7, 1891.
71 Ibid., Knobel to Groenewegen, March 27, 1891 (extract private letter).
72 Ibid., no. 133, Knobel to Groenewegen, March 19, 1891; the text of the telegram dated March 18, 1891 is enclosed.
73 Ibid., no. 169, Groenewegen to Knobel, March 25, 1891 (extract private letter).
75 Ibid., no. 459, Knobel to Collignon, July 7, 1891 (draft).
76 Ibid., no. 513, Knobel to Collignon, July 26, 1891 (confidential).
77 Ibid., no. 542, Collignon to Knobel, August 15, 1891.
78 Ibid., Knobel to Groenewegen, August 24, 1891.
79 H. C. van der Zee, chief of Hotz & Son, Bushire and Dutch consul during Groenewegen's absence.Google Scholar
80 ARA, Legarie Perzië 3, no. 545, van der Zee to Knobel, August 25, 1891 (telegram);Google Scholaribid., no. 555, idem to idem, August 15, 1891; according to a British source, Sa'd al-Mulk had gone to Tehran to settle a two to three-years' outstanding account to the extent of seven crores between him and Ridā Qulī Khān. NizAm al-Saltana would remain for six months to replace him, after first having refused, since he considered the governorship of Bushire below that of his position; report by Mirza Abdul Hussein, Residency Head Monshi, dated April 28, 1891, FO 248/523.
81 ARA, Legasie Perzië 3, no. 601, Knobel to Muhandis al-Mulk, September 25, 1891.Google Scholar
82 Ibid., no. 673, Collignon to Knobel, October 24, 1891 (extract).
83 Ibid., Knobel to Amin al-Sulan November 2, 1891; to this letter are appended the texts of the telegrams sent by Amīn al-Sultān to Sac'd al-Mulk as well as a French translation of a marginal note by Nāsir al-Dīn Shāh on the proces-verbale of the Shiraz ijlās: “Saad al Moulk doit conformement a cette decision du conseil prendre l'argent de Agha Mohd. Cheffieh le faire parvenir l'argent au negociant hollandais. II m'annoncera le fin de cette affaire, 1308 Moharram.”
84 Ibid., no. 690, Amīn al-Sultān to Nizām al-Salzana, November 10, 1891; Knobel to van der Zee, November 10, 1891 (telegram);Google ScholarKnobel to Collignon, November 10, 1891.Google Scholar
85 Ibid., no. 761, Groenewegen to Knobel, December 5, 1891 (back from his furlough).Google Scholar
86 Ibid., Legatie Perzië 4, no. 42, Knobel to Collignon, January 30, 1892; no. 45, Knobel to Collignon, February 2, 1892 contains the text of the written orders by Amīn al-Sultān to the kārgudhār dated Rajab 1309 (February 1, 1892); see also nos. 34 and 43.Google Scholar
87 Ibid., no. 46, Knobel to Collignon, February 4, 1892.
89 Ibid., no. 144, Groenewegen to Knobel, February 26, 1892.
91 Ibid., no. 326, Groenewegen to Knobel, July 16, 1892 (extract).
92 Ibid., Groenewegen to Knobel, July 31, 1892.
93 Ibid., no. 435, memorandum Knobel to Lascelles, October 28, 1892.
94 Ibid., Knobel to Collignon, October 28, 1892.
95 Ibid., no. 465, Collignon to Knobel, November 5, 1892; see also no. 438.
96 Ibid., no. 549, Groenewegen to Knobel, November 26, 1892.
97 Ibid., no. 541, Groenewegen to Knobel, October 20, 1892.
98 Talbot, Colonel A. C. was the British Political Resident from March 1891 to 1893.Google Scholar
99 ARA, Legarie Perzië 4, no. 507, Knobel to Groenewegen, n.d.; Groenewegen to Knobel, November 26, 1892 (telegram).Google Scholar
100 Ibid., no. 511, Knobel to Groenewegen, November 29, 1892; no. 517, Knobel to Mushīr al-Dawla, December 2, 1892;Google ScholarGroenewegen to Knobel, December 2, 1892 (telegram).Google Scholar
102 On the role of these commercial agents see Floor, W. M., “The Merchants (tujjār) in Qajar Iran,” ZDMG, vol. 125, 1977, pp. 101ff; see also note 2.Google Scholar
103 ARA Legarie Perzië 5, no. 157, Mushīr al-Dawla to Knobel, March 12, 1893.Google Scholar
104 Ibid., Legatie Perzië 6, no. 396, draft note by Knobel, March 12, 1893.
105 Ibid., no. 472, draft note by Knobel, August 7, 1893.
106 Ibid., no. 609, Knobel to Mushīr al-Dawla, October 14, 1893.
107 Ibid., no. 635, Mushīr al-Dawla to Knobel, October 26, 1893.
108 Ibid., no. 669, Mushīr al-Dawla to Knobel, n.d. (November 15, 1893) with enclosure; letter by Hājjī 'Alī Akbar to Mushīr al-Dawla, n.d.
109 Ibid., Knobel to Groenewegen, November 5, 1893.
110 Ibid. no. 674, Groenewegen to Knobel, November 16, 1893 (telegram).
111 Ibid., Knobel to Mushīr al-Dawla, November 17, 1893.
112 Ibid., Knobel to Groenewegen, November 17, 1893,
113 Ibid., no. 731, Groenewegen to Knobel, December 2, 1893.
114 Ibid., Legasie Perzië 7, no. 40 Groenewegen to Knobel, December 23, 1893.
115 Shafi', Muhammad had not denied this in 1889 and 1890.Google Scholar
116 See note 114.Google Scholar