The Collected Works of Mahatma Gandhi/Volume 2/1899

by Mohandas K. Gandhi

1899

Letter to D. B. Shukla (17-1-1899)

14, MERCURY LANE,: DURBAN, NATAL
January 17, 1899
D. B. SHUKLA, ESQ.^[1]

MY DEAR SHUKLA,

I have not heard from Kalabhai^[2] for months. I am very anxious to know how he is getting on, what he is doing & what are his pecuniary prospects. Will you kindly inquire & let me know? I hear from Mehta^[3] that you are doing very well there. I have no doubt he told you all about me.

As I could not improve my bad hand I have taken to typing for the last few days.

Yours sincerely,
M. K. GANDHI

From the photostat of the original: S. N. 2327.

1↑ A barrister of Rajkot.

2↑ Lakshmidas Gandhi, elder brother of Gandhiji.

3↑ Dr. Pranjivan Mehta, a friend of Gandhiji since his London days

To Press and Public Men in India (21-1-1899)

DURBAN,
January 21, 1899

SIR,

The memorial^[4] sent herewith tells its own sorrowful tale. The grievance complained of is not sentimental but it is very serious and very real. Unless it is removed promptly, it bids fair to snatch the bread away from hundreds of mouths. The licensing authorities in Natal intend to deprive the respectable Indians of their acquired rights. The matter. demands immediate, earnest and continuous attention of the Press and our public men. Nothing short of prohibition of indentured immigration to Natal will meet the case, unless the Natal Government can be induced to amend the Licensing Law so as to bring it in harmony with the principles of justice as known to the British Constitution.

All the other grievances can wait for academic discussion. This brooks no delay.

Indians own land in the Borough of Durban worth over £l00,000 stg. Licenses have been refused with respect to some of the best premises, the property of Indians, in spite of excellent report by the Sanitary Inspector.

A merchant wants to dispose of his business. All his profits are in his stock. He cannot find a purchaser as there is no certainty that the purchaser can obtain a license.

I remain,
yours obediently,
M. K. GANDHI

From the photostat of the office copy: S. N. 2949.

4↑ Vide “Petition to Chamberlain”, December 31, 1898.

Memorial to Lord Curzon (27-1-1899)

27, 1899

TO

THE RIGHT HONOURABLE GEORGE NATHANIEL

BARON CURZON OF KEDLESTON, VICEROY AND

GOVERNOR-GENERAL OF INDIA, CALCUTTA

THE MEMORIAL OF THE UNDERSIGNED, REPRESENTING THE BRITISH

INDIANS, RESIDING IN THE COLONY OF NATAL

HUMBLY SHEWETH,

That your Memorialists venture to draw Your Excellency’s attention to a copy of the memorial addressed to Her Majesty’s Principal Secretary of State for the Colonies with reference to the Dealers’ Licenses Act passed in the year 1897 by the Natal Legislature.

Your Excellency will notice therefrom that

(a) the Act complained of constitutes a present, real and tangible grievance, and, in the way it is being worked, is calculated to tell very seriously upon the acquired rights of

the Indian traders residing in the Colony of Natal;

(b) that the interests at stake represent thousands of pounds;

(c) that the Natal Legislature has gone, as it is acknowledged by some of the Natal publicists, much further than even the South African Republic has ventured to go;

(d) that the operation of the Act has turned out to be contrary to the assurance publicly given by the Right Honourable Harry Escombe, who carried the Act through, and was then the

Prime Minister of the Colony, viz., that he had full confidence in the Town Councils and the Town Boards not disturbing the then existing trading licenses;

(e) that several Town Councils or Local Boards have already seriously interfered with the existing licenses, and threatened to do so yet more extensively.

Your Memorialists have, under such circumstances, prayed for either such an amendment of the Act as to bring it in harmony with British principles of justice, or suspension of the supply of indentured labour to the Colony.

Your Memorialists venture to think that the active and effective intervention of the Indian Government is necessary, if the rights of British Indians outside British India are to be rescued from extinction.Agreeably to the resolution of the Dundee Local Board to wipe out as many Asiaticsas possible, referred to in the Annexure, its Licensing Officer has, your Memorialists are informed, refused to renew the licenses of seven or eight Indian Storekeepers out of about sixteen. One of them, who has been refused the license, is the largest Indian Storekeeper in Dundee, having a stock of several thousands of pounds. The Licensing Officer at Newcastle has again refused to issue the three licenses—also referred to in the Annexure—that were withheld last year. The applicants are still doing all they can locally to secure their licenses. The result is not, therefore, yet final. It, however, sufficiently shows the seriousness of the position. Applications in many other places in the Colony are still under consideration.

Whatever the ultimate outcome this year, the possibility of mischief under the Act is, in your Memorialists’ humble opinion, enormous, and your Memorialists earnestly hope and humbly pray that the prayer contained in the Annexure will receive Your Excellency’s sympathetic and early consideration.

And for this act of justice and mercy your Memorialists, as in duty bound, shall ever pray, etc., etc.

(Sd.) MAHOMED CASSIM CAMROODEEN & CO.
AND OTHERS

From the photostat of an original printed copy: S. N. 2955.

Letter to Colonial Secretary (20-2-1899)

14, MERCURY LANE,
DURBAN,
February 20, 1899

TO THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

Messrs. Amod Suliman, Ismail Mahomed Khota and Issa Hajee Soomar intend to visit the Transvaal. The first two hold return tickets, having come from the Transvaal on business. The last one has a large business in Standerton and he intends to go to that place to inspect his business. The first two are connected with a business in Heidelberg.

I shall be obliged if you will be good enough to secure for these gentlemen permits enabling them to go to the Transvaal.

I have the honour to remain,
Sir,
your obedient servant,
M. K. GANDHI

Pietermaritzburg Archives: C. S. O. 1584/99.

Letter to Colonial Secretary (28-2-1899)

14, MERCURY LANE,
DURBAN,
February 28, 1899

TO
THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

I have the honour to acknowledge your letters of the 25th and 27th inst. with reference to the permits for certain three Indians enabling them to visit the Transvaal.

I beg also to acknowledge your letter of the 25th inst., with reference to the permits for Indian gentlemen wishing to pay a visit to the Transvaal during the pendency of the proclamation of the Transvaal Government regarding the plague regulations, for which I tender my humble thanks to the Government.

I have the honour to be,
Sir,
your obedient servant,
M. K. GANDHI

Pietermaritzburg Archives: C. S. 0. 1584/99.

Telegram to Colonial Secretary (28-2-1899)

PIETERMARITZBURG,
February 28, 1899

HONOURABLE COLONIAL SECRETARY
PIETERMARITZBURG

SEVEN INDIANS BELONGING TO FIRM C LUCHERAM DURBAN AND CAPETOWN LEFT INDIA FOURTEENTH JANUARY. THEY ARE NOW AT DELAGOA BAY. FIVE OF THEM ARE MEANT FOR CAPETOWN AND TWO FOR DURBAN. ABLE TO UNDERGO TEST UNDER IMMIGRATION ACT. STEAMSHIP COMPANIES REFUSE TO TAKE THEM AS PASSENGERS FOR FEAR OF QUARANTINE. WILL GOVERNMENT BE PLEASED TO ASSURE COMPANIES THAT THEY NEED NOT FEAR QUARANTINE UNLESS DISEASE CROPS UP ON BOARD. FIVE WILL GO TO CAPETOWN AS SOON AS THEY CAN SECURE PASSAGE AND ALL SEVEN WILL SUBMIT TO ANY INLAND QUARANTINE GOVERNMENT MAY THINK FIT TO IMPOSE.

GANDHI

Pietermaritzburg Archives: C. S. O. 1584/99.

Letter to Colonial Secretary (1-3-1899)

14, MERCURY LANE,
DURBAN,

March 1, 1899

TO
THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

I have the honour to acknowledge your telegrams of yesterday and today with reference to my application for certain seven Indians to be allowed to come from Delagoa Bay to the Colony.

In accordance with your instructions, I have communicated with the Health Officer. In reply to your telegram of today, I beg to state that the men in question belong to Hyderabad, Sind, which place they left on the 4th January. They left Bombay on or about the 14th January by the S. S. Safari which, after calling at Lamu and Mombasa, went to Zanzibar. At Zanzibar they transshipped into the S.S. General on or about the 9th ult. They have now landed at Delagoa Bay. Two of them would remain in Natal and are not prohibited immigrants within the meaning of the Act. The other five want to come to the Colony as visitors. They would submit to any quarantine the Government may think fit to impose on land. The Companies would not issue a passage without an assurance from the Government that their ships would not, on account of the mere presence of Indians on board, be placed under quarantine.

Under the circumstances, I trust the Government would be pleased to make such orders as would enable the men to come to the Colony.

The usual deposits would be made for the five persons.

I have the honour to be,
Your obedient servant,
M. K. GANDHI

Pietermaritzburg Archives: C. S. O. Letter No. 1772/99.

Letter to the Town Council (Prior to 8-3-1899)

Gandhiji wrote the following letter to the Town Council of Pietermaritzburg when the entry of bubonic plague into Natal was apprehended in 1899.

DURBAN,
[Prior to March 8, 1899]

With reference to the sanitary precautions that are being taken to prevent the entry of bubonic plague into this Colony, may I suggest that a pamphlet giving detailed instructions as to sanitary rules, lime-washing, disinfecting, &c., might be of great use, and a useful supplement to the Corporation advertisement that appeared some time ago? If the suggestion is accepted, I shall be pleased to have the pamphlet translated in the Indian languages spoken in the Colony, and distributed free of charge, if necessary, the Corporation paying for the printing and postage.

The Natal Mercury, 8-3-1899

Indian Traders in Rhodesia (11-3-1899)

14, MERCURY LANE,
DURBAN,
March 11, 1899

TO
THE EDITOR

The Times of India
[BOMBAY]

SIR,

I venture to enclose herewith a copy of a letter received by the Indian community in Natal from the Indian traders in Umtali, Rhodesia.^[5] The letter speaks for itself. The authorities seem to have rendered assistance to the Indians, but, in my humble opinion, nothing less than an emphatic declaration from the Colonial Office to the effect that the white settlers in British South Africa cannot with impunity interfere with the liberty of the British Indian settlers, in addition to adequate punishment to the wrong-doers, will meet the case. It will be noticed that Justices of the Peace and other prominent Europeans took part in the violence. The omission on the part of Mr. Chamberlain to take any notice of the unlawful proceedings of the Durban mob in 1897^[6] has, I am afraid, led the white settlers to think that they can do anything they like with the Indians. In the Durban case there was no necessity to punish the mob. But we here feel that a despatch from Mr. Chamberlain strongly disapproving of the whole thing would have produced a salutary effect.

Yours faithfully,
M. K. GANDHI

(Enclosure)

UMTALI, RHODESIA,
January 22, [1899]

GENTLEMEN,

We beg to call your attention to the following circumstances.

We have been trading both at Beira and Macequece, and last March we applied for a licence to trade at Umtali in Rhodesia, which was granted in April. We then built a store, but found that the European traders were very indignant, and they held a meeting protesting against the issue of licences to British Indian subjects, as they considered them undesirable, but they were not supported by the High Commissioner.

We traded peacefully up to the 7th of last December, when a countryman of ours (a merchant of Beira) also applied for a trading licence, which he got. This again excited the traders of Umtali, and they laid the matter before the Chamber of Commerce, requesting that body to take the subject up and oppose the granting of licences to Asiatics. Their meetings were reported in the local papers, and had a serious effect upon the minds of the public. The Government, however, took little or no notice of the agitation. Later the European merchants of the town, headed by Justices of the Peace and officers of the local Volunteer force, in all a mob of about one hundred and fifty persons, attacked and broke into our store by violence about 9 p.m. on the 4th of January 1899. Seeing how violent the attitude of the mob was and how unlawful their action was, we were very frightened, but, fortunately before our persons or goods were removed over the Portuguese border, Inspector Birch, with some constables, came on the scene and informed the raiders that their action was grossly wrong and illegal, and that the ringleaders would be prosecuted.

The police only being ten in number, the raiders practically defied them. The Inspector fearing violence, which certainly would have been accompanied with loss of property, and possibly with loss of life, suggested that we should be allowed time to make arrangements about leaving. After a good deal of discussion, this was agreed to. Immediately the crowd had dispersed, the Inspector informed us that we were not even to think of going, but that he had merely suggested this allowance of time in order to summon assistance. All the available mounted police were then called in from old Umtali and guard placed over our store. The same evening about midnight fifteen Englishmen attacked the store of Allarakhia Hussein in this town. They broke the doors open, threw the goods about, assaulted the shop assistants and the policemen. The assistants, three in number, ran away, deserting the store, and leaving the goods to the mercy of thieves. Inspector Birch, acting on behalf of the Government, has rendered us all the protection in his power.

On the morning of the 5th January, the members of the Chamber of Commerce came over to our store, and reminded us that the time for packing up and going had already expired. We replied that matters were now altered. The promise to go was extracted from us by violence and not binding; further that there were sufficient police in the town to protect us from the mob. The members of the Chamber of Commerce then left in a dissatisfied humour. The ringleaders of this raiding had been bound over to keep the peace towards us for three months in sureties of one and two hundred pounds.

Two of them had been committed to the High Court for trial. We have resumed business as usual, but the Rhodesian merchants are now fighting the question of allowing Indian traders in Rhodesia.

Their first step will be to bring the matter before the new Legislative Council of Rhodesia praying them to grant power to local bodies to refuse licences to “undesirables” (which is the term they apply to us). They have been guided in this line of action by the decision recently upheld by the Privy Council regarding the refusal of the licensingsing board of Newcastle, Natal, to grant a licence to an Indian.

We understand your Congress have taken this in hand.

In conclusion, we beg to inform you that, as the Europeans in South Africa in combination are fighting hard for our expulsion from this territory, we also desire to combine and fight for our rights as British subjects. We respectfully request you to give the matter your earnest consideration and take up our cause, and, in fact, that of the British Indian subjects in general.

As we are allowed to trade freely in some parts of South Africa both under the Portuguese, French, German, and Dutch Governments, we cannot understand why we should be opposed in British territory, seeing that we are by right under the protection of the British flag.

It appears also to us the Indian policy of Great Britain is directly opposed to the persecution of British Indian subjects.

We have communicated with our English agents about this matter, and also with Lord Curzon, Viceroy of India. We are determined to have the matter brought before the British parliament, and we would pray for your assistance in fighting out this great question upon constitutional lines.

p.p. NATHOO VALLEY & CO.,
B. R. NAIK
ALLARAKHIA HUSSEIN

The Times of India (Weakly edition), 15-4-1899

5↑ Vide the enclosure.

6↑ Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897, Appendix-Y. Questioned by Wedderburn in Parliament on February 5, 1897, about the assault on Gandhiji on landing at Durban on January 13, the Secretary of State for the Colonies said that “the landing took place without opposition, except in the case of one person, who was assaulted but not Seriously hurt”. (For Wedderburn).

The Plague Panic in South Africa (20-3-1899)

DURBAN,^[7] March 20, [1899]

The cup of woe of the Indians in South Africa evidently does not appear to have as yet become full; and the bubonic plague promises to fill that cup well up to the brim. A rumour, now proved to be false, that there was a plague case in Lourenco Marques, created quite a sensation in South Africa, and the various Governments of this continent began to adopt stringent measures applicable chiefly to the Indians. While this was going on, it was rumoured that an Indian who, after having been in Lourenco Marques for some time, had gone to a place called Middelburg in the Transvaal, had died of the bubonic plague. It was at once assumed that no period could be definitely assigned for incubation, and entire prohibition of Indian immigration was suggested. The Transvaal Government issued a proclamation prohibiting the entry of Indians into their country from even the neighbouring States, no matter whether the Indian desiring an entry was a very old resident of one of these States or whether he was a new arrival from India, unless he was armed with a permit from the State Secretary—a permit, it may be said, not easily obtainable by any and every Indian. Internal travelling, too, by the Indians was practically suspended. At the time of writing this, a telegram appearsin the newspapers, saying that the proclamation above referred to has been modified to the extent that the Indians would be allowed to enter the territory without a permit on their satisfying the officer at the border that they are not recent arrivals from Mauritius, Madagascar, or any of the infected districts of India.

The medical gentleman who conducted the post mortem examination in the case above referred to had reported that the case was not one of the bubonic plague. Mischief, however, has been done, and there is a hysterical scare throughout South Africa. In Lourenco Marques, a most malarial district noted for insanitation and without any sanitary service, the regulations regarding the plague, it would appear. from the meagre news telegraphed from that place, are not only most stringent and unreasonable but oppressive and unbusinesslike. In the Transvaal, business amongst the Indians is suffering seriously. Several unfortunate hawkers came to Natal to buy their stuff; they are now most of them shut out. They have left their goods and their book debts behind them. As may be imagined, they cannot afford to obtain the permit; nor could they, without much difficulty, pass through the examination by the Transvaal officials. It is said—that is to say, the hawkers themselves complain—that in the Transvaal itself they are not allowed to hawk their goods about. This reacts upon the Indian firms that are dependent on these hawkers.

The Cape Government do not appear to have lost their heads; but an agitation has been going on, calling upon the Government to prohibit any Indian from landing at any of the Cape ports. A few days ago, a meeting was held in Port Elizabeth, when speeches of a more or less violent character were made, some of the speakers going so far as to say, if the Government would not conform to the wishes of the people of Port Elizabeth, they would have to take the law in their own hands. The Natal Government are evidently anxious not to be carried away by the scare; but, it is feared, that they will not long be able to retain their self-possession.

There are two conflicting interests at work in Natal. On the one hand, the farmers and the planters, who are, all over the Colony, entirely dependent on the indentured Indian labour, cannot afford to do without a continuous supply of such labour; on the other, the people in the towns and the cities, such as Durban and Maritzburg, having no such interests at stake, would gladly see the entire prohibition of Indian immigration, indentured or otherwise. It is interesting to note that, throughout the whole controversy, the people of South Africa have not once allowed themselves to think of Indian interests. It seems to have been tacitly assumed that the Indians who are at present resident in South Africa need not be taken into consideration at all. It does not appear to have struck them that these men, some of them very well-to-do and respectable, may have to bring their wives and children or servants from India. People in India would be surprised to learn that a suggestion has been seriously made that the Indians should be compelled to live on mealie (maize) meal, when the present stock of rice in the Colony is exhausted; and, as for other foodstuffs and the materials for dress imported from India, that, of course, is a mere detail. The Maritzburg Town Council has issued a circular addressed to the Indian storekeepers in that borough, informing them that they should begin to reduce their stock as they might, in view of the near approach of the plague, be called upon, each and all of them, to remove to a Location. Steamship companies, even the very best of them, entirely refuse to take Indian passengers for any of the South African ports. Several Indian merchants are suffering great inconvenience and undergoing terrible anxiety owing to members of their family or partners being in Lourenco Marques and yet not being allowed to come to Natal—not that Lourenco Marques has been declared to be an infected port, or that there is any plague there. Natal has used itself now to indirect and questionable methods of achieving its purpose, as witness its anti-Asiatic legislation, wherein an innocent person would fail to find the slightest mention of Indians. The same course has been adopted, so it would seem, with reference to the plague. No ship that brings an Indian is allowed pratique—by the Health Officer without reference to the Government—a procedure which of itself necessitates the detention of such a ship; although, it must be remembered, there may be no sickness on board, and the ship may have come from a clear port. Naturally (that is to say, in South Africa, for one would have thought that first-class steamship companies would not, through fear of vexatious quarantine, abandon their function; viz., the carrying of passengers from one place to another), therefore, the steamship companies refuse to take any Indian passengers. The Government have suspended indentured immigration for the time being, save as to those awaiting departure at Calcutta.

As if all this was not sufficient, the Maritzburg people met in the Town Hall of that place a few days ago, when the Borough medical officer delivered a violent harangue in support of a drastic resolution. Owing to an agitation advocating an entire stoppage of the import of rice and other foodstuffs from India, the Government here asked the Indian Government whether rice was considered to be susceptible to infection. The Indian Government have replied in the negative. Dr. Allen, the officer in question, thus impeaches your Government:

He supposed that they had all read the telegram which had been despatched to the Indian Government and the reply which had been received and published. He would like to ask them if they thought it likely that, if the Attorney-General had a prisoner in one of the Government gaols suffering under an accusation of some offence, that, the Attorney-General would telegraph to him and say: ‘Are you guilty or not?’ He thought they would have no hesitation in saying what answer the gentleman in the gaol would telegraph back. He would say that the answer would be an emphatic ‘no’....The Attorney-General would not apply the principle to his own trade....He dared to apply it in this stupendous question, and to bring it forward as evidence that they were free from danger. The evidence was as worthless as it was in the case of the prisoner.

The foregoing suggests many sad reflections. It is beyond question that all this agitation [and] all this panic, have their source not in anentirely bonafide fear of the bubonic plague, but in the anti-Indian prejudice which is due chiefly to trade jealousy. That spirit Pervades the proceedings of the plague meeting in Maritzburg, more particularly, Dr. Allen’s speech. In his estimation, everything Indian is bad. He did not hesitate to impute corrupt motives to what he calls the “low officials” of the Indian Government. He said:

But a very strange thing occurred in Bombay which it was important for them to remember, and this was that the number of deaths from dysentery and diarrhoea rose above the normal by 50,000. The Government of Bombay were well aware that those cases, or the greater number of them, were cases of plague, and that influential Indians were able to get the deaths which took place in their family registered by native practitioners under other heads so as to escape the visit of the sanitary officers. That kind of thing pervaded the whole of India. . . . The Commission proved clearly that the same thing was going on in Calcutta . . . . That was known to the Government, but, chiefly because they feared a riot, they did not do it. . . The Indian Government absolutely could not depend upon its petty officers with regard to that plague. There was deceit right through the lower officers of the Indian Government as to where the plague was.

If it is an Indian ship it must have a secret manifest. Infection, unlike everywhere else, is in South Africa personal to the Indian. He and his goods only can bring the infection. No objection is taken to other passengers, even though they may come from infected districts. The steamship companies that touch Madagascar and Mauritius, which are declared to be infected ports, may bring European passengers but dare not bring Indians. It must be admitted that the Natal Government, as well as the Cape Government, are most anxious to avoid injustice being done during the panic. But they are so afraid of the voters, to whom the present members owe their position, that unconsciously but nonetheless surely, much needless inconvenience is caused to Indians. Heaven spare us from an actual visitation of the plague; if it does come, the condition in which the poor Indians will find themselves is too dreadful to contemplate. It is at times like this that the deplorable omission on the part of Mr. Chamberlain to take any notice of the illegal proceedings of the Durban mob^[8] in the beginning of 1897, when for twelve days practically the Government abdicated their function in favour of a mob, is felt. In a continent like this, where there are diverse and conflicting interests belonging to the various races, the strong and powerful influence of the Home Government is ever necessary. Once give latitude to a particular section of the various peoples, and you never know when an ebullition will take place. Already, as stated before, the Port Elizabeth people have threatened to take the law in their own hands should the Government refuse to bend their will to their own. Anonymous letters have been appearing in the newspapers in Durban advocating the same policy; and this bird’s-eye view of the history of the plague panic, which has by no means yet died out, may fittingly close with the following extract from the correspondence to The Natal Mercury which is, perhaps, a fair sample of the feeling of the man in the street in this part of the world:

. . .If Government are timid and irresolute in action, let the people act for themselves, and go en masse again to the Point, and camp out there this time to stop all Asiatics from landing. We do not want them here at any price. Let the objectionable Indian immigration stop once and for ever; and I, for one, would join a crusade to make it too hot for those that are here.

The Times of India (Weekly edition), 22-4-1899

7↑ This is one of a series of special articles on the treatment of Indians in South Africa contributed by Gandhiji to The Times of India. The other articles are dated May 17, July 12, October 27, November 18 and post March 14, 1900.

8↑ Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897, et seq.

Letter to Colonial Secretary (22-3-1899)

14, MERCURY LANE,: DURBAN,
March 22, 1899

THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

The Indian community have noticed with satisfaction the removal of the fee of £l for visitors on embarkation passes under the Immigration Restrictions Act.

I may state that before drafting the petition about this matter alluded to in the petition regarding the Dealers’ Licenses Act,^[9] I was asked to collect the opinions of the learned lawyers in the Colony and, in the event of a favourable opinion being received, to approach the Government again with a view to urging the removal of the rule in question and that the opinions so far received favour the view that the rule in question was illegal.

I am to request you to bring the contents of this letter to the notice of the Right Honourable the Secretary of State for the. Colonies so as to inform him that the Government have graciously removed the cause of complaint as to the £1 fee.

I have the honour to be,
Sir,
your most obedient servant,
M. K. GANDHI

Enclosure No. I in Despatch 29 from Governor of Natal to H. M. Principal Secretary of State for the Colonies dated 25th March ’99.

Colonial Office Records: Memorials and Petitions, 1899.

9↑ Vide “Petition to Chamberlain”, 31-12-1898, supra.

Memorial to Chamberlain (16-5-1899)

PRETORIA,
May 16, 1899^[10]

TO

THE RIGHT HONOURABLE JOSEPH CHAMBERLAIN

HER MAJESTY’S PRINCIPAL SECRETARY OF STATE

FOR THE COLONIES

THE MEMORIAL OF THE UNDERSIGNED REPRESENTING THE BRITISH

INDIANS RESIDING IN THE SOUTH AFRICAN REPUBLIC

HUMBLY SHEWETH,

That your Memorialists regret that they have again to trouble Her Majesty’s Government with reference to the unfortunate and embarrassing position in which the British Indians in the South African Republic are placed.

On seeing the correspondence between the Government and Sir William Wedderburn,^[11] a short while ago, your Memorialists had hoped that the trouble of the British Indians in the Transvaal was practically over, but the Notice of the Government of the South African Republic, published in the Staats Courant dated 26th April, 1899 (copy of translation whereof is hereto attached), and which necessitates a further representation, soon followed to undeceive the British Indians residing in the Republic; and it would appear that this time the Republican Government intend seriously to enforce the Law 3 of 1885, as amended in 1886. There is a reference to the matter in the Presidential speech, too, delivered on the opening of the Volksraad.

Your Memorialists venture to draw your attention to the fact that ever since the judgment in the matter of Tayob Haji Khan Mahomed vs. F. W. Reitz. N. O.,^[12] the Indian community in the Republic has known no rest. Several Notices were published with reference to the summary removal of the Indians to Locations. This has naturally dislocated their trade, and given rise to much uneasiness. Your Memorialists would sooner welcome a final settlement of what is to them a momentous issue than a painfully unsettled state. It is respectfully submitted that, apart from the question urged in the last memorial^[13] as to the decision of the majority of the Court in the case above referred to, there are questions arising out of the Law and the Notice, the subject matter hereof, which would justify effective interference on the part of Her Majesty’s Government.

Unlike, as in the previous Notices, the Transvaal Government have, in the present Notice, closely followed the Law 3 of 1885, with its amendment. The first part of the preamble of the Notice proceeds:

Whereas Law 3 of 1885, Article 3 (d), gives the Government the right to point out for sanitary purposes certain streets, wards and Locations for habitation to persons belonging to one of the aboriginal races of Asia, including the so-called Coolies, Arabs, Malays, and Mahometan subjects of the Turkish Empire. . . .

Her Majesty’s Government have accepted the Law. The Courts of the South African Republic have interpreted it to mean that the word habitation includes the dwelling place as well as the place of business. Thus far, therefore, your Memorialists have to submit to the inevitable. But they take the liberty to point out, as they have done before, that the Law gives the Government the power under certain conditions, and with respect to certain persons only. They should prove to the satisfaction of Her Majesty’s Government that sanitary reasons exist for the removal of the persons affected by the Law, and that those reasons, and those alone, guide their action before they could summarily remove such persons to Locations. It is further submitted that they should prove that your Memorialists are the persons referred to in the Law.

Your Memorialists have endeavoured to show in the memorial^[14] printed in the Blue Book C. 7911, of 1895, pp. 35-44, that there are no sanitary grounds for the removal of the Indians to the Locations, and that the reasons for such removal are to be sought for, not in the alleged insanitary habits of the Indians, but in trade jealousy. Your Memorialists make no apology for reproducing the testimony then produced to controvert the charge of insanitation brought against the Indian community in the Republic. Dr. Veale, of Pretoria, who has a considerable practice among the Indians, stated in 1895:

I have generally found them cleanly in their persons, and free from the personal diseases due to dirt or careless habits. Their dwellings are generally clean, and sanitation is willingly attended to by them. Class considered, I should be of opinion that the lowest class Indian lives better, and in better habitation, and with more regard to sanitary measures than the lowest class white....Generally, in my opinion, it is impossible to object to the Indian on sanitary grounds, provided always the inspection of the sanitary authorities is made as strictly and as regularly for the Indian as for the white.

Dr. Spink, of Johannesburg, stated that the ‘residences of the bearers of this note’ were ‘in a sanitary and hygienic condition, and in fact suchas any European might inhabit,. Dr. Nahmmacher, of the same place, said:

Having frequently occasion to visit the better class of the Indian population of Johannesburg (merchants &c., coming from Bombay) in my professional quality, I give as my opinion that they are as clean in their habits and domestic life as white people of the same standing.

Over thirty European firms of Johannesburg said:

The aforementioned Indian merchants, the majority of whom come from Bombay, keep their business places as well as their residences in a clean ant proper sanitary state—in fact, just as good as the Europeans. That it is a distinct error in calling them coolies, or inhabitants of British India of a lower caste, as they decidedly belong to the better and higher caste of India.

What was true in 1895 is none the less so in 1899. Even at the time of the recent plague scare, so far as your Memorialists are aware, there was nothing of a serious nature to be found against them. It is not contended that there are, no Indians in the Transvaal over whom sanitary supervision is unnecessary; but your Memorialists do submit, without fear of contradiction, that a charge justifying the wholesale removal of Indians to a Location cannot be brought home to them. Your Memorialists submit that isolated cases of insanitation could be effectively dealt with under the sanitary regulations, and your Memorialists could have no objection to such regulations being made stricter, if necessary.

Your Memorialists have always respectfully insisted that the Law does not apply to the better-class Indians from which class the traders are drawn, and against whom alone the whole agitation is, in fact, directed. Can it be too much to request Her Majesty’s Government to keep the Government of the South African Republic to the exact wording of the Law which applies to ‘aboriginal races of Asia, among whom are comprehended the so-called coolies, Arabs, Malays, and Mahomedan subjects of the Turkish Empire’? Your Memorialists respectfully but emphatically protest against the term ‘coolie’ being applied to them. They are certainly not Arabs, neither Malays, nor Mahomedan subjects of the Turkish Empire. They claim to be loyal, peaceful and humble subjects of Her Most Gracious Majesty the Queen-Empress, whose protection they seek in their struggle against prejudice and trade jealousy, which protection, they feel confident, will be extended to them. In your address to the Colonial Premiers, on the occasion of their visit to London in the year of the Diamond Jubilee, you were graciously pleased to refer to the Indians in most flattering terms. May your Memorialists hope for the practical application of the ideas therein expressed to the British Indians in the South African Republic? It will be a great Birthday honour for the British Indians in South Africa to have the insult implied in the above terms removed, and their status well defined in accordance with the letter and the spirit of the Gracious Proclamation of 1857.^[15]

The Government of the South African Republic have the ‘power for sanitary purposes of showing them (Coolies, Arabs, &c.,) fixed streets, wards, and Locations for habitation’, that is to say, in the respective townships, not the power to ‘force’ them, in the words of His Honour the late British Agent, ‘into a small Location on a spot used as a place to deposit the refuse of the town without any water except polluted soakage in the gully between the Location and the town’, which ‘must inevitably result in malignant fevers and other diseases breaking out amongst them, whereby their lives and the health of the community in the town would be endangered.’ Even if it were necessary to separate the Indian community from the European, it is difficult to understand why the former should be relegated to a place where they cannot trade, where there are no sanitary conveniences, and where there is no water supply. Your Memorialists respectfully submit that streets and wards could with equal facility be selected in a more convenient place in the townships themselves, if there were no other reasons than the sanitary.

In conclusion, your Memorialists venture to draw your attention to the comparatively enormous interests that are at stake, and the ruin that would be caused, by the contemplated removal, to the Indian traders, and to lay the matter in the hands of Her Majesty’s Government in the full hope that some definite and satisfactory solution of the difficulty in which they are placed will be arrived at.

And for this act of justice and mercy, your Memorialists, as in duty bound, shall for ever pray, &c., &c.
(Sd.) TAYOB HAJEE KHAN MAHOMED
AND OTHERS

10↑  As per Colonial Office Records. The printed copy of the memorial bears only ‘May 1899’. The reference in the dispatch to The Times of India, dated May 17, 1899, to this memorial implies that it is an earlier document. But it is evident from the letter of May 27, 1899, addressed to Wedderburn, that the memorial, which was submitted to the British Agent at Pretoria, was not dispatched to the Secretary of State for the Colonies till May 27.

11↑ The reference is to Wedderburn’s letter of January 13, 1899 in regard to the Locations Notice and Chamberlain’s reply of February 15, in which it was stated that the British High Commissioner would try, in the course of his talks with President Kruger, to arrive at “some arrangement of a favourable character to the Indian traders”. (India, 24-2-1899.) Milner’s attempts in this direction, however, bore no fruit as his talks with Kruger at Bloemfontein broke down on the question of franchise.

12↑  Vide “Telegram to the Viceroy of India” August 19, 1898.

13↑ Vide 1st footnote of, “Petition to Indian National Congress”, 22-8-1898,supra.

14↑ Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897.

15↑ This is either a misprint in the printed copy or a slip in the original. The Proclamation was issued in 1858.

APPENDIX

THE NEW REGULATIONS
PUBLISHED IN Staats Courant, APRIL 26, 1899

Whereas Law 3 of 1885, Article 2 (d), gives the Government the right to point out, for sanitation purposes, certain streets, wards, and Locations for habitation (“ter bewoning”) to persons belonging to one of the Aboriginal races of Asia, including the so-called Coolies, Arabs, Malays, and Mahomedan subjects of the Turkish Empire; whereas, according to the judgment of the High Court in the case of Tayob Hajee Khan Mahomed vs. F. W. Reitz, N. O., these places can be pointed out for business as well as residential purposes; whereas the Government has deemed fit to point out such streets, wards, and Locations for the said purposes, in, at, or adjoining the proclaimed established dorpen (villages) and standdorpen, and have the same surveyed and brought into order; whereas it is desirable for the proper control of the sanitary condition of the streets, wards, and Locations pointed out, as stated, that the same shall be placed under the local authority or board; so therefore I, Stephanus Johannes Paulus Kruger, State President of the South African Republic, with advice and consent of the Executive Council, by virtue of the Article 420 of its minutes of 24th April, 1899, proclaim and stipulate as follows:

The streets, wards, and Locations in, at, or adjoining the villages or standdorpen pointed out and surveyed as places of residence and business for the said persons, which do not form part of such villages or standdorpen, and which do not fall under the local authorities or board of management, shall, as from now, form part of such villages or standdorpen, and are placed under such authority or board, be it the local Landdrost, Mining Commissioner, Responsible Clerk, or any Town Council, or Town Board. God save “Land en Volk.”

Given under my hand at the Government Office, Pretoria, this 25th April, 1899.

S.J.P. KRUGER,
STATE PRESIDENT
F. W. REITZ,
STATE SECRETARY

The following Government Notice is likewise published, viz., reference to the Government Notice of November 18, 1898, No. 621, published in the Staats Courant, No. 621, of November 23, 1898:

“The following is additionally made known for general information:

1. Coolies, Arabs, and other Asiatic coloured persons, who do not yet live and do business in the streets, wards, and Locations pointed out for that purpose, but live and do business, in conflict with the law, in a village or standdorp, outside the streets, wards, and Locations pointed out, or at any other place not pointed out for this purpose, outside a village or standdorp, shall go and live, and do business, before July 1, 1899, in the streets, wards, and Locations pointed out for that purpose, according to Law 3 of 1885, regarding Coolies, Arabs, and other Asiatics, and in particular Article 2, Section D, thereof, which, after amendment by the Volksraad besluit, Article 1, 419 of August 12, 1886, reads as follows, viz.: ‘The Government shall-have the right, for sanitation purposes, to point out for habitation (‘ter bewoning’) by them (that is, Coolies, Arabs, and other Asiatic coloured persons), fixed streets, wards, and Locations.’ This stipulation is not applicable to those who live on their masters’ premises.”

2. In terms of the above, Arabs and other Asiatics shall get a licence, after June 30, 1899, only for a business in the streets, wards, and Locations pointed out according to law.

3. Coolies, Arabs, and other Asiatics, who now still do business outside the streets, wards, and Locations pointed out for that purpose, shall have to take out a licence therefor until June 30, 1899, and after that date such licence will only be granted them for carrying on business in streets, wards, and Locations pointed out according to law.

4. Hawkers’ licences can be issued to Coolies and other Asiatics and coloured persons who live in the streets, wards, and Locations pointed out for that purpose for the quarter ending June 30, 1899.

5. Coolies, Arabs, and other Asiatics who live and do business at places outside a village or standdorp, are given time until July 1, 1899, to remove their dwelling and business to the streets, wards, and Locations pointed out, in terms of the law. They must, however, also take out a licence for their business until June 30, 1899.

6. After the above fixed date, June 30, 1899, the Coolies, Arabs, and other Asiatics concerned, shall be granted no licences for business or trading purposes outside the streets, wards, and Locations pointed out for that purpose, and those who trade or carry on business after the said date, without licence, outside the streets, wards, and Locations pointed out, shall be punished according to law.

7. Coolies, Arabs, and other Asiatics who consider that on the ground of contracts, closed or otherwise, they may claim longer time, must apply for such at least six weeks before July I, 1899, giving the reasons for so doing to the Landdrost or Mining Commissioner, who shall notify the Government, and give his explanations and advice

8. Likewise shall Coolies, Arabs, and other Asiatics, who consider they do not fall under the said amended Law 3 of 1885 (be it because they entered into a long lasting lease or contract before 1899, the time of which has not yet lapsed, or because they received transfer) at least six weeks before July I, 1899, give notice, together with reasons, to the Landdrost or Mining Commissioner, who shall notify the Government of it, and give his explanations and advice.

9. It shall be left to the discretion of Landdrosts and Mining Commissioners to exercise some consideration with reference to the said date, July 1, 1899, when it appears that Coolies, Arabs, etc., show their willingness to obey the law by building dwellings in the streets, wards, and Locations pointed out, but cannot finish these dwellings within the stipulated time.

10. The Government is willing, if such request is made, to meet the Coolies, Arabs, etc., who do business by favourably considering the granting of a piece of ground in the streets, wards, and Locations pointed out for the establishment of a bazaar or covered building with shops.

(Signed) F. W. REITZ,
STATE SECRETARY
Government Office, Pretoria,
April 25, 1899

From the photostat of an original printed copy: S. Nos. 3198, 3199 and 3200.

Indians in the Transvaal (17-5-1899)

DURBAN,^[16]
May 17, [1899]

I propose in this letter to give a bird’s-eye view of the series of blunders committed by one Colonial Secretary after another in Her Majesty’s name, whereby inch by inch they gave up the case of the British Indians in the South African Republic, and which have now culminated in a pompous notice issued by the Government of that Republic, calling upon the Indians, on pain of being deprived of their licenses, to remove to Locations which have been described by the eminent writer of the series of articles headed “Indian Affairs” in The Times (London) as “Jewish ghettoes”, and by one of Her Majesty’s British Agents in Pretoria as a spot used as a place to deposit the refuse of the town, without any water except the polluted soakage in the gully between the Location and the town.” In the course of a single newspaper article I must be brief, and cannot afford, in a rapid survey of the situation, to give lengthy quotations. For the edification of. the curious and those who would care to learn the full history of the question, I must refer them to a Blue book, published in 1895, on the question (Papers relating to the Grievances of Her Majesty’s Indian subjects in the South African Republic—C. 7911, 1895), and two Green Books of the Transvaal Government published in the year 1894, from which and other recent literature I have extracted the following summary:

As early as 1884, when the presence of a respectable number of Indian traders in the Republic attracted general notice, and their success the jealousy of their European rivals, the Transvaal Government, yielding to the outcry of a few interested merchants who thought nothing, in order to gain their end, of making what may fairly be called deliberate misrepresentations about the docile Indians’ habits and morals (as witness the following quotations from a libellous petition presented by the Europeans to the Orange Free State Volksraad, and sent approvingly to the Transvaal Volksraad by the Pretoria Chamber of Commerce: “The dangers to which the whole community is exposed by the spread of leprosy, syphilis and the like loathsome diseases engendered by filthy habits and immoral practices of these people. . . . As these men enter the State without wives or female relatives, the result is obvious. Their religion teaches them to consider all women as soul-less, and Christians as natural prey.”) proposed to enact severe laws with a view to drive the Indians out of the Transvaal by imposing a poll-tax of £25 on each new arrival, and by compelling those that would live under such conditions and the old residents to reside and trade in Locations which, in plain terms would mean denying them the right of trading. The London Convention of 1884 which, owing to other causes, has now come into such prominence, however, stared the Government in the face. This Convention protects the rights as to trading, &c., of all other than natives of South Africa. Nothing daunted, by. a reasoning worthy of the Boer Government, they proposed to include the Indians in the term—Natives. This, however, was too much, even for the obliging.

High Commissioner, Sir Hercules Robinson, who let them understand that the British Indians could not be included in the term “natives of South Africa”. But (and here mark the first blunder) without going into the allegations against the Indians that were brought to his notice, he was prepared to advise Her Majesty’s Government to agree to such an amendment of the Convention as would enable the Boer Government to pass anti-Indian legislation. Lord Derby, however, knew better, and instead of adopting that suggestion, he was prepared to let the Transvaal Government pass the laws in the interests of public health, provided that the £25 were reduced to £3, and that a clause was added stating that, for sanitary reasons, the Indians could be made to reside in Locations. Thus, he, too, instead of examining the allegations, took what the Transvaal authorities said for granted, and bartered away with a light heart the vested rights of the Indians, all the while remaining under the delusion created by one of the High Commissioner’s. despatches, that the law, as it applied to the so-called coolies, &c., would leave the respectable Indian merchants untouched.

No sooner, however, was the law passed, than the Colonial Office was undeceived. The very persons who it was thought were left out, were called upon to remove to Locations, and found themselves deprived of their right to own landed property, travel first or second class on the railways, and generally classed among the raw Zulus. It did not strike either the High Commissioner or the authorities in Downing Street to secure a promise from the Transvaal Government to leave those people untouched. Their mental reservation at the time of assenting to the legislation could not, and that quite naturally, bind the Republican Government. A series of negotiations took place between the Indians and the British Agent on the one hand, and the High Commissioner and the Transvaal Government on the other, the former trying, it must be said, though in a half-hearted manner, to regain the lost ground. All along, however, the Transvaal Government very naturally have scored heavily. Lord Ripon came to the helm when the thing was one mass of confusion, and he suggested arbitration as to the interpretation of the laws. Unfortunately, however, even then the real question was left untouched. The submission was, so those who are qualified to judge say, loosely drawn, and a gentleman, however estimable in other respects, but with a great bias against the Indians, was selected as the arbitrator, viz., the Chief Justice of the Orange Free State. It may be here parenthetically remarked that this arbitration has been used by President Kruger as a precedent for having other questions of dispute between the two Governments referred to arbitration, and it must have caused Mr. Chamberlain many an anxious half-hour in order to get rid of the dilemma. The arbitrator sat, and he too would not discuss the question whether there were any grounds for the charge of wholesale insanitation against the Indians. Armed as he was with the widest powers, he made liberal use of them, and delivered an award^[17] which left the Indians entirety where they were. He was asked, regard being had to the despatches that had passed between the two Governments—despatches which could not possibly be considered by a judicial tribunal, but which could very properly be considered by him—to interpret the laws, and to say to whom they applied and what was the meaning of the word “habitation”. (If the last question put to the arbitrator excites a smile in Bombay, my answer is, South Africa is not Bombay.) The arbitrator, however, learned lawyer though he was, did nothing of the kind, but delegated his function to the Transvaal Courts, that is to say, he decided that the interpretation of the laws could only be given by those Courts.

As soon as the precious award was published, the Indians approached the Colonial Secretary, and besought him not to accept the award, and protested that they were allowed to have no voice in all these proceedings—not even as to the selection of an arbitrator. To a lay mind it would appear that there would have been absolutely nothing wrong in Mr. Chamberlain insisting upon the arbitrator giving his interpretations of the laws in view of the despatches. The Indians produced voluminous evidence to prove that the assent to the laws was obtained under misrepresentations; that the charge of insanitation was groundless, three medical gentlemen of standing in the Transvaal certifying that the Indians lived as well as the Europeans and one of them going so far as to say that, class considered, they lived better and in better habitations than the Europeans, and that the real reason which was all along suppressed was trade jealousy. This resulted in extorting from Mr. Chamberlain the certificate that the Indians were a “peaceable”, law-abiding, and meritorious body of persons, with their undoubted industry and intelligence, and their indomitable perseverance. But the certificate is one thing, and relief is quite another. The Test Case^[18] that was tried last year is still fresh in the public mind. As will be recollected, it resulted in the interpretation of the laws which was forestalled by the memorial of the Indians above referred to, that is to say, in the opinion of the Judges of the High Court of Pretoria the phrase “for the purposes of habitation” means “for the purposes of dwelling and business”. The last ray of hope, therefore, that was left for the unfortunate Indians in the Transvaal disappeared with this last act of the tragedy. Notices after notices have been issued by the Transvaal Government threatening to remove the Indians to Locations. This has disorganised their trade, unsettled their minds, and they are resting on the edge of a sword. The correspondence between the Colonial Secretary and Sir William Wedderburn, early this year, came as a bright spark in the darkness. But, alas! It was only a spark, for the pompous notice above referred to has again created a panic, and the poor people do not know where they are and what to do. The notice is supposed to be a final notice— it reads more like an old-fashioned legal document with many whereas-es and contains copious references to the anti-Indian laws passed, and calls upon “the aboriginal races of Asia, among whom are included the so-called coolies, Arabs, Malays, and Mahomedan subjects of the Turkish Empire”, to remove to Locations on or before the 1st of July, provided, however, that the Government might — (observe the vagueness when it is a matter of granting a concession) — allow those holding long leases to live out the term of their leases in their present places of business.

Such is the awkward position that awaits Her Majesty’s Indian subjects in the South African Republic, whose only fault is that they are frugal, industrious, abstemious, and fond of earning a livelihood by honest means. They have made a desperate effort and sent again a representation to Mr. Chamberlain1 asking him to present them with a Birthday honour in the shape of a clear definition of their status in that gold-producing country. We all await anxiously the result of the representation. In justice to the indefatigable Colonial Secretary, it must be confessed that he has only inherited the errors of his predecessors, and there is no doubt that he is doing what he considers to be his best to regain the lost ground. May he succeed in his efforts is the prayer of every Indian in South Africa.

The Times of India (Weekly edition), 17-6-1899

16↑  Vide footnote, “The Plague Panic in South Africa”, 20-3-1899, supra.

17↑  Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897.

18↑  Vide “Letter to the British Agent”, February 28, 1898.

Letter to Colonial Secretary (18-5-1899)

14 MERCURY LANE,
DURBAN,
May 18, 1899

MR. C. BIRD
THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

With some diffidence I venture to draw your attention hereby to some aspects of the Bill to amend Indian Immigration Law, now before the Legislative Assembly.

I understand the Bill has been drafted in reply to the complaint of the Indian Immigration Trust Board as to the alleged frequency of the complaints made by the indentured Indians, which are said to be used as a pretext by the complainants to leave their work.

The Bill proposes to remedy the alleged evil—

(1) by making it lawful for the Protector, the Assistant Protector or any Magistrate to cause any complainant to be sent back after he has lodged his complaint;

(2) by authorising the employer under certain circumstances to deduct the expenses of the safe return of the complainant;

(3) by making the complainant under those certain circumstances liable to be punished as if he was illegally absent.

With deference, it is submitted that this Bill would render more difficult the precarious position of men serving under indentured labour which has been acknowledged, by the Imperial Government, to be a necessary evil and, by those best acquainted with such form of labour, to be “semi-slavery” or “a state perilously near to slavery”.

In my humble opinion, the existing law coupled with the decision of the Supreme Court in the matter of Ramsamy and the Protector of Indian Immigrants is sufficient to meet the requirements of the employers, if it does not, indeed, act as a deterrent even against bona fide complaints. No law will be, can be, sufficient for those who would not work and would rather ‘rot’ in the gaol than do honest work. If, however, the Government consider it necessary to conciliate the employers and make the existing law more explicit, I feel that nothing need be said from the Indian standpoint against the proposed amendment so far as the first two alterations are concerned. But I venture to submit that the last clause, viz., the power to charge a complainant with illegal absence when, rightly or wrongly, he fancies he can leave his work with immunity in order to make a complaint, is uncalled for and is calculated to interfere with the right, reserved under the Law 25 of 1891, to leave his work for the sake ofmaking his complaint. An Indian may fancy that he has a wrong to be redressed in that he does not get ghee instead of oil. The complaint would, in all probability, be treated as frivolous by a Magistrate or Protector; nonetheless, I hardly think the frivolity is so great as to turn him from complainant into defendant. I submit that every facility should be given to a man, who honestly believes that he has a complaint, to make it, and this the proposed amendment does not do, unless a legal and logical mind is to be attributed to an average indentured Indian.

The safeguards provided against frivolous complaints, it is submitted, are sufficiently severe without the addition of the penalty clause. The deduction of wages is perhaps more painful for an indentured Indian than imprisonment.

The fact that the Bill, if I read it rightly, is an enabling Bill, does not, in my humble opinion, in any way weaken the above argument. I have some little experience of the working of the present law. The manner in which these trials take place does not always favour the complainants and the Magistrates, being unable to wade through a maze of exaggeration, are often obliged to set down complaints as “vexatious and frivolous” though they may be perfectly true.

The remedy, if I may suggest one, and if, indeed, it is necessary, is to be found in a speedy settlement of such complaints. An Act to give these complaints a preference to be heard before all others, and enabling the prosecutor to bring these cases up on the shortest notice, and perhaps compelling other work from such men, while away from their estates, so as to discourage idleness, would meet the evil if it does exist to any great extent, without curtailing the liberty of the persons affected, or without rendering it next to impossible for them to complain.

I beg to be excused for the lengthy argument; as I know the Government are anxious to do justice between man and man and to hear both sides of the case, I thought I would be failing in my duty if I did not place before the Government the view that the Indians have taken of it. The employers of labour from the very nature of their position can take only one view of the question. The free Indians, being the kith and kin of the indentured Indians and not being employers, may be allowed to take a dispassionate view.

Under the circumstances, may I venture to hope that the Government would be graciously pleased to take out the clause complained of or so alter it as not to deprive the indentured Indian practically of his right of complaint.^[19]

I have the honour to be,
Sir,
your obedient servant,
M. K. GANDHI

Ref. No. C.S.O. 1614, File No. 3842, Natal Archives, Pietermaritzburg.

19↑ The Colonial Secretary, replying on May 29, 1899, did not accept Gandhiji’s proposal.

Letter to Colonial Secretary (19-5-1899)

MERCURY LANE,
DURBAN,

May 19, 1899

TO
THE HONOURABLE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

I have the honour to enclose herewith copy of the message which the representative Indians intend to send by cable to Her Majesty’s Principal Secretary of State for the Colonies on the 24th inst., tendering their humble and loyal congratulations to Her Majesty on her eightieth birthday, and, by their desire, to request you to forward same.

I am to add that on receipt of a memo of monies spent from you I am authorised to forward you a cheque.^[20]

I have the honour to be,
Sir,
your obedient servant
M. K. GANDHI

l. Enclosure^[21]

Pietermaritzburg Archives: G.C.O. 3903/99.

20↑ Vide “Letter to Colonial Secretary”, 29-5-1899, infra.

21↑ The succeeding item.

Cable to Queen on Her Birthday (19-5-1899)

DURBAN,
May 19, 1899

NATAL INDIANS TENDER HUMBLE AND LOYAL CONGRATULATIONS TO HER MAJESTY ON HER EIGHTIETH BIRTHDAY. FERVENTLY PRAYING ALMIGHTY MAY SHOWER CHOICEST BLESSINGS ON HER.

From the photostat of the office copy: S. N. 3195.

Petition to Chamberlain (Prior to 27-5-1899)

DURBAN,
[Prior to May 27,] 1899

THE RIGHT HONOURABLE JOSEPH CHAMBERLAIN

HER MAJESTY’S PRINCIPAL SECRETARY OF

STATE FOR THE COLONIES

THE PETITION OF THE UNDERSIGNED JOHN FRAZER PARKER,

OF PRETORIA, IN THE SOUTH AFRICAN REPUBLIC, GENTLEMAN

HUMBLY SHEWETH:

That your Petitioner is a natural-born British subject residing in Pretoria in the South African Republic. Your Petitioner owns considerable freehold as well as leasehold property in the Transvaal.

Your Petitioner has carefully read the latest notice issued by the Transvaal Government requiring the Indians and other Coloured people to remove to Locations on or before the 1st of July, 1899. The notice, however, states that the Government might deal leniently with those who hold long leases.

Your Petitioner owns ten cottages built on his own freehold property in the town of Pretoria, which he has let to (ten) Cape Coloured persons, commonly known as “Cape boys”, whereby your Petitioner receives per month a sum of twenty pounds (£20) as rent. Your Petitioner has a lease of property in a street called Prinsloo Street in Pretoria the term whereof has yet to run for 8_ years. Your Petitioner has, as is common in the Transvaal, as well as in other parts of South Africa, built wood and galvanised iron buildings on the leasehold valued at over £4,500.

The above-mentioned leasehold is occupied entirely by British Indian tenants and the value of their tenancy to your Petitioner according to the present rental, apart from this freehold property, would amount to the sum of £19,380 during the unexpired period of the term.

Your Petitioner apprehends that, if the notice is allowed to affect the present Indian traders in the Transvaal or their successors in business, it would involve a great loss to your Petitioner, and is likely to deprive your Petitioner of the chief source of his income.

Your Petitioner, relying fully on the 14th article of the London Convention, always held the belief that the position of these British subjects was unassailable, and your Petitioner’s sense of justice, seeing that the Indians were British subjects as much as any other persons, refused to believe that, in spite of the arbitration^[22] and the recent Test Case^[23] regarding the status of British Indians in the Transvaal, the position of the Indians already settled could or would be disturbed. Your Petitioner’s own experience of the Indians in the Transvaal is very happy. Your Petitioner believes them to be his best tenants, who have always paid the rents regularly and without demur. In your Petitioner’s opinion, they are unobtrusive, docile and extremely well-behaved. They are law-abiding and always willing and ready to conform to the laws of the country which they may go to. Their habits are cleanly and they keep their stores and dwelling-places clean and neat. Their courtyards will compare favourably with those of many Europeans. Their sobriety i.e., of the trading class, is proverbial. In your Petitioner’s opinion, the charges of immorality and uncleanliness one so often notices in the papers made by ignorant and, for most part, anonymous, writers are grossly unfair to them. The patience with which they have put up with the constant “nagging” they have been subjected to for the last ten years is or would appear to a Britisher to be simply marvellous.

The Cape Coloured people who, too, are affected by the notice, are your Petitioner’s equally valuable tenants. They are cabmen or cigar makers, &c., and have adopted the European habits and customs.

In your Petitioner’s humble opinion, it is the fact of a person being a British subject that renders such a person liable to disabilities in the Transvaal which he could not otherwise be subjected to. The Indian subjects of the King of Portugal are free to hold licenses and to enjoy the rights commonly enjoyed by the other residents of the Transvaal.

Your Petitioner submits that, so far as Pretoria is concerned, as it is, the bulk of the Indians are already separated from the Europeans, only not so as to ruin their trade or to subject them to indignity, as is sure to happen if they are relegated to a Location. The business section of Prinsloo Street, which runs across the middle of Church Street, the principal street of Pretoria, is almost entirely inhabited by Indian traders. Here the Government could exercise any control they chose in the interests of sanitation, if it was merely a question of separating the Indians from the Europeans and bringing them together in one place with the object of more supervision. The few Indian merchants that are to be found in Church Street have such large businesses and keep their stores and courtyards in such good condition that, in your Petitioner’s humble opinion, to disturb them would be wanton injustice as, indeed, it would be in all the other cases, only the effect would not be so disastrous as in the cases of the Church Street merchants, whose long-standing businesses have given the positions they occupy considerable trade value.

Your Petitioner has seen the Location intended to be used by the Indians. It would place them, who are undoubtedly infinitely superior to the Kaffirs, in close proximity to the latter. A sluit, which receives the filth and the dirt from the cantonment, which lies some distance upwards, separates the Location from the Town. It is situated in an out-of-the-way corner relieved by nothing less than the refuse of the Town, which is deposited nearby and is absolutely unprotected against storms, which are by no means uncommon. As a man of business your Petitioner can say that the place is absolutely unfit for trade, it being frequented neither by Europeans nor the large stream of Kaffirs continually passing through Pretoria who form these unfortunate people’s chief customers. It is needless to say there is no effective arrangement for the removal of nightsoil nor a water supply except the filthy and polluted water from the sluit.

Your Petitioner has thought it necessary to mention these facts in order to show that, in asking Her Majesty’s Government to protect his interests, he asks for nothing that would be inimical to the interests of the general population of Pretoria. For, your Petitioner is free to admit that, if even a fourth of the charges brought against the unfortunate Indian traders were true, your Petitioner’s interests would have to give way before those of the social body at large. Your Petitioner may incidentally mention that there are other natural-born British subjects placed more or less in the same position that he is placed in.

The fact that the Government have expressed their willingness to leniently consider the question of the Indians holding long leases, does not affect the position herein taken up by your Petitioner, who can ill-afford to give these merchants very long leases for the simple reason that they would mean a much lower rent than what your Petitioner is able to obtain for shorter terms.

Your Petitioner has had on several occasions an interview with His Honour the British Agent, who was gracious enough to give to your Petitioner such information and advice as he could give. A time, however, your Petitioner humbly submits, has now arrived for a more formal and fuller representation, and your Petitioner respectfully prays that the matter would receive the consideration it deserves and for this act of justice and mercy your Petitioner shall, as in duty bound, for ever pray, &c., &c.,

J. F. PARKER

Colonial Office Records: C. O. 417-1899: Volume XX, Parliament.

22↑ Vide “Open Letter”, 19-12-1894, Part I and “Petition to Lord Ripon”, 5-5-1895.

23↑ Vide “Letter to the British Agent”, 28-2-1898, supra.

Letter to W. Wedderburn (27-5-1899)

DURBAN,^[24]: 14, MERCURY LANE,
May 27, 1899

SIR,

I venture to enclose herewith a copy of the Memorial of the British Indians in the Transvaal with reference to their position in virtue of the latest notice issued by the Transvaal Government, requiring the Indians in that country to remove to Locations on or before the 1st July this year.

It will be seen from the notice that the Government propose to remove the Indians to Locations for the purposes of sanitation. Would it, then, be unreasonable to ask the Colonial Secretary to see that the sanitary reasons do exist before the Indians are removed to Locations? The petition furnishes, in my humble opinion, ample proof to show that there can be no sanitary reasons for the measures proposed to be adopted by the Government.

The grievances of the Uitlanders which have attracted world-wide attention and which nowadays fill up columns of the leading newspapers are, it is submitted, insignificant compared tothose of the British Indians in the Transvaal as well as other parts of South Africa. Will it, then, be asking too much of the sympathisers in England and the Indian public to give this very important matter (important because it affects the future of the whole of India so far as emigration outside India is concerned) their best attention?

The petition referred to in this letter is in the hands of the British Agent in Pretoria, but pending the result of the Conference between the High Commissioner and the President of the Republic at which the Indian question will also be discussed, the despatch of the petition to Mr. Chamberlain has been delayed. It may not even be sent to him. But as time is of utmost importance in this matter, it was considered prudent to send the petition lest the negotiations referred to above might prove abortive.

A copy of the petition by Mr. Parker, of Pretoria, a natural-born British subject, with reference to the same matter, is also sent herewith.

It may throw a great deal of light on the question.

I remain, Sir, your obedient servant, M. K. GANDHI Colonial Office Records: C. O. 417-1899: Volume XX, Parliament.

24↑ The letter was a printed one and evidently addressed to prominent public men in England and India.

Letter to Colonial Secretary (29-5-1899)

14, MERCURY LANE,
DURBAN,

May 29, 1899

TO
THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

I have the honour to acknowledge your letter of the 27th inst. with reference to the congratulatory cable to the Queen-Empress from the Natal Indians and beg herewith to enclose cheque for £4.15.0 as per advice.

I have the honour to be,
Sir,
your obedient servant,
M. K. GANDHI

Pietermaritzburg Archives: G.C.O. 3903-99.

Telegram to Colonial Secretary (30-6-1899)

[DURBAN,]
June 30, 1899

TO
HON’BLE COLONIAL SECRETARY
PIETERMARITZBURG

SHALL BE OBLIGED IF YOU WILL INFORM WHETHER GOVERNMENT INTEND TAKING OUT FROM ABSENTEE LANDLORDS BILL CLAUSE AFFECTING INDIANS BY IMPLICATION AS OTHERWISE INDIANS INTEND PROMOTING PETITION.

GANDHI

From the photostat of the office copy: S. N. 3214.

Address to Retiring Magistrate (5-7-1899)

The following is a press report of Gandhiji’s speech and the address read by him on the occasion of the presentation of a souvenir to Mr. G. M. Rudolph, a retiring magistrate of Ladysmith, by the Indians of the town.

[July 5, 1899]

Mr. M. K. Gandhi said it gave him the greatest pleasure to be called upon by his countrymen in Ladysmith to take part in this function. It was a privilege and an honour. Since the presentation by the Court officials a healthy jealousy had arisen among Ladysmith Indians, who, through Mr. Vinden, instructed him to see that. the present address and souvenir were in no way inferior to those already presented. The execution of the address wax left in the hands of Mr. Singleton, who executed eight out of every twelve addresses in the Colony, and selection of the souvenir with Mr. Ferguson, who assured him that the centrepiece was a unique piece of good workmanship. He mentioned this to show the gratitude and affection of Ladysmith Indians towards His Worship. When he was lately there his countrymen vied with one another in telling him of His Worship’s stern impartiality, loving kindness, and gentle disposition, and herein they now found expression to their sentiments on His Worship’s retirement. The lamp of gratitude and affection in the Indian heart was ever ready to respond to the spark of sympathy, of which they had in abundance from His Worship, and it was a matter of pride that he was associated with that happy event. He then read the following address:

SIR,

We, the undersigned, representing the British Indian residents of Ladysmith, hereby venture to place on record our deep sense of gratitude, on this the eve of your retirement from active service in the Colony, for the impartiality with which you have administered justice during your tenure of office in Ladysmith. We have noticed with joy that the people of the Colony, through the local Parliament, have decided to recognise your long record of exceptionally useful service by granting you full pension. Whilst we rejoice that you are about to enjoy well-earned rest, we cannot cherish the prospect from a selfish point of view without sorrow. Your kindness towards the litigants, the patience with which Your Worship endeavoured to master the essence of cases that came before you, and the even-handed justice that was dealt to all, without fear, favour or prejudice, have endeared you to the Indian community, and have added lustre to the British Constitution, so worthily represented by you for so long in Ladysmith. We beg that you would be pleased to accept the accompanying souvenir as a token of the esteem of the Indian community of this town for Your Worship. With respectful wishes for a long, happy and peaceful life, and with prayers to the Almighty that He may fulfil our wishes,

We are, &c.,
AMOD MOOSAJIE OMAR
AND OTHERS

The Natal Mercury, 7-7-1899

Letter to Colonial Secretary (6-7-1899)

14, MERCURY LANE,
DURBAN

July 6, 1899

TO
THE HONOURABLE THE COLONIAL SECRETARY
PIETERMARITZBURG

SIR,

With further reference to your letter dated the 13th ultimo, in view of the correspondence that is going on between the Imperial and the local Governments, it may not be amiss to show how far the fears expressed in the “Dealers’ Licenses Memorial” have been realised. I have not been able to collect accurate information from all the places, but so far as the information has been received, it is of an extremely discouraging nature.

In Dundee, the licenses were first refused and on an appeal they were granted under certain qualifications endorsed on the back of the licenses, viz., “This license is granted upon the distinct understanding that it will not be renewed in the present buildings. By order of the Board. (Sd.) Fras. J. Birkett, Licensing Officer and Town Clerk”. In answer to an enquiry, several of the license holders said that they thought the licenses were so granted because their stores were wood and iron buildings. It appears Messrs Handley & Sons and Harvey Greenacre & Co. in Dundee have a brick front but the rest of their stores is wood-and-iron. Messrs Taylor & Fowler, merchants of Dundee, have their store entirely of wood and iron. In Newcastle the licenses refused last year have been refused this year also. The Town Council were good enough to give some time to two of the applicants in order to enable them to sell off their stock, but this could hardly act as a remedy against the loss occasioned to the parties concerned. One of them, Abdool Rassool, had a large business and owned a wood and iron store. It was pointed out to the Council that the building which represented to him a value of £150 would fetch practically nothing if it had to be sold.

In Verulam, I understand, two applicants who held a license last year have been refused their licenses this year and the men as well as their servants are now comparatively reduced to poverty. In Ladysmith, one M. C. Amla, who has been trading there for several years, has been deprived of his license on the ground that the place where he was trading was situated in the chief street of the Township and that it was suitable only for a European trader. The owner applied for a license with reference to another building immediately near an Indian store and owned by the owner of that store. That application, too, has been refused on the same ground. I might be permitted to mention that there are other Indian stores in the same street.

In Port Shepstone, two large Indian merchants have lately sold their businesses to two other Indians. These applied for licenses and the Licensing Officer refused them. An appeal was taken to the Licensing Board with no better result, and the parties are now considering what to do.

It is humbly submitted that it is a serious matter when one man, because he is an Indian, cannot sell his business to another, also because that other is an Indian, for the refusal to grant the license in such cases is tantamount to forbidding a purchase and sale unless it were done in an underhand manner.

An Indian, who had sold out his premises to the Dundee Coal Co. and had therefore entirely wound up his business, came down to Durban and purchased a previously licensed store on the Umgeni Road and applied for a license for himself. The Licensing Officer, after the man had made several applications and after he had gone to the expense of engaging aneminent counsel in Durban at a heavy cost, granted the licenseand then only for a limited period in order to enable the applicant to sell out the goods he had already bought in anticipation of receiving a license.

These are some of the cases where vested interests have been prejudicially affected. But cases where thoroughly good men with capital have been refused licenses because they were Indians who did not hold a license to trade the previous year are too numerous to mention.

The Indians have noticed with satisfaction and gratitude the fact that the Government are anxious to see that the vested Indian interests are not injured, in that they have addressed letters to the several Town Councils and Town Boards to the effect that unless they took care not to touch vested interests, legislation giving Indians right of appeal to the Supreme Court might become necessary. I am, however, to point out that such an appeal to the Boards may not have a permanent effect, if at all, and would still leave the Indian traders in a state of dreadful suspense. The alteration suggested by the letter above referred to would indeed, in my humble opinion, be only a small measure of justice, but extremely desirable in the interests of the Indian community, already settled in the Colony.

I am to request that the contents of this letter may be communicated to the Right Honourable the Secretary of State for the Colonies.

I have etc.,
M. K. GANDHI

Enclosures in Despatch No. 96 from the Governor of Natal to H. M’s Principal Secretary of State for the Colonies, London, dated 14th July, 1899.

Colonial Office Records: Memorials and Petitions, 1899.

The Indian Question in South Africa (12-7-1899)

DURBAN^[25],
July 12, [1899]

I dealt in my last letter^[26] with the Indian question as it stands in the now greatly agitated South African Republic, which is the centre of attraction to the whole world. I dealt with the plague panic in South Africa in my first letter.^[27] I propose now to discuss a phase of the Indian question in Natal, as affecting the education of the Indian children, which would show how far prejudice has been allowed to go. At present there are about twenty-five schools expressly meant for the education of the children of indentured Indians, attended by nearly 2,000 pupils. Most of these schools are managed by the missionaries, chiefly representing the Church of England Mission, superintended, as to its Indian section, by the Rev. Dr. Booth, a venerable gentleman very much loved by the Christian portion of the Indian community. These schools receive from the Government a grant by no means adequate for their support. The buildings, as a rule, are of the most primitive type—a few corrugated iron sheets and a few planks of wood composing the material. They are wretchedly constructed and, in country places, are devoid even of flooring, mother earth serving the purpose. In one instance, a stable has been turned into a school. The pupils, being drawn from the poorest Indians, are naturally not well clad. The tuition imparted is in keeping with the surroundings, the schoolmaster drawing from £2 to £4 a month—in some instances more. The cost of living—I mean decent living—for a person occupying such a position would be, in the case of a careful bachelor, not less than £8. Labour for an Indian affords a better opportunity than the vocation of a teacher; naturally, therefore, the teachers are of a very poor type, though under the circumstances they do their best. The respectable portion, then, of the Indian community, such as clerks, interpreters, storekeepers and others, do not care to send their children to these schools. Hitherto, such as would pay the high fees that are levied here have been able, though by no means without much difficulty, to enter the general public primary schools. An agitation was started some few years ago to prevent any Indian children from gaining entrance into public schools unless they had exhausted the resources of their own schools; and thus an attempt was made to foist the above described Indian schools for the poorest children on the respectable Indians. Since then the difficulties in the way of respectable Indian parents sending their children to the Government schools have been increasing. Now, it is the headmaster who would put difficulties in their way, and now it is the Government. Latterly, very few Indian children, hardly half a dozen, have been able to enter the public primary schools, and that after undergoing immense difficulties.

The present Government, however, have made a big bid for popularity, and have declared their intention of entirely shutting these schools against the Indian children. There is a humorous, if it were not painful, side to this eruption of racial feeling. If an Indian parent has six children, of whom five have received their education in the primary schools, he cannot now give the same education to the last child. If there is a parent ready to disown his Indian nationality, he can send his child to the public schools, thus, unfortunately for the Government, crushing their argument to the effect that the admission of the Coloured children leads to ill-feeling and uproar. A child born of prostitution, where one parent is European, is admissible. It is the full-blooded Indian alone who has the ban of excommunication stamped upon him. The Government seem to have shrunk from their own unjust action, and as a sop to their conscience and in order to satisfy the claim of some of the Indian applicants for the admission of their children to the public primary schools, have opened what they are pleased to call a higher grade school for Indian children, which is supposed to be, in all respects, equal to the above schools. The applicants can hardly be said to have been satisfied; and while the higher grade school is undoubtedly far superior to the wretched tin shanties referred to Above, and is manned by a staff of European it can in no way be said to be equal to the other primary schools in every respect. This school by no means provides for all standards as yet, and the girls are entirely overlooked. Even if it were accepted as a compromise, it leaves many requirements yet unsatisfied. There is absolutely no provision for the Indians to go beyond the three R’s! All attempts to gain admission into the high schools of the Colony have so far failed, the Government absolutely declining to entertain any such application.

The prospect is indeed very gloomy, unless aid comes in time from Downing Street or Fort William. It is impossible to withhold one’s sympathy from parents who are ready to give their whole fortune for a thorough training to their children, and yet who are simply unable to do so owing to the Government restrictions. One Mr. Godfrey, a respected Indian Mission schoolmaster, is a case in point. Though his own education is not very liberal, he is most anxious to bring up his children in the best possible way. All his children but one have been educated in the Government schools. He sent his eldest son to Calcutta, gave him a University training there, and has now sent him to Glasgow to study medicine. His second son is the first Indian to have passed the competitive examination for the Civil Service of the Colony. He is unable to send his youngest daughter to the Government Primacy School and, in spite of his efforts, was prevented from getting his third son, a promising youth, admitted to the Durban High School. It may be stated that this family has been living in the European style. All the children have been brought up from their infancy to speak English, and naturally they speak it very well. Why this child should be shut out when all is other children have been allowed to enter the Government School passes comprehension. This instance shows, more vividly than anything else could, how difficult the position of the Indians inferior to Mr. Godfrey must be.

The Natal Parliament, dubbed by Mr. Rhodes^[28] “the parochial assembly” in South Africa, is now sitting, and the Attorney-General who is also Minister of Education and who is supposed to be a gentleman with a conscience, and who is undoubtedly an otherwise esteemed gentleman, has been telling the inquisitive members of the Natal Parliament that his Government have been the first to close the doors of the Government schools against the Indians. Therefore, a simple appeal to him to do justice by, at any rate, leaving the Government schools free to the children of those parents that have hitherto been allowed to educate their children there, has absolutely no effect, and all for the sake of a few miserable votes—for that is what is at the bottom of all this unrighteous and unreasoning opposition to the Indians. The ministers do not—dare not—do what is right, lest their doing so may jeopardise their position at the next general election. When responsible Government was granted to Natal, those who clamoured for it were loud in their protestations that full justice would be done to those who did not possess the franchise. After the Colony became a self-governing Colony, Sir John Robinson, the first Prime Minister under the new form of Government, in introducing the Indian Disfranchising Bill, said that the Colony—that is to say, in his estimation, the Europeans—were fully aware of the increased responsibilities that naturally went with the increased freedom they enjoyed, and their still further increased responsibilities in that they were depriving the Indians of the franchise they possessed. The unfortunate Indians, it would appear, almost prophetically said that talk of that description was meant for consumption in the Colonial Office in Downing Street, and that it deceived nobody in Natal. They said that the disfranchisement was merely the thin end of the wedge and that, if the Home Government yielded to the pressure from the Natal Government, it would practically mean ruin for the Indians. All this has come only too true. The poor Indians have known no rest since responsible Government has been granted. One after another, the elementary rights of British citizenship have been snatched away from them; and, if Mr. Chamberlain and Lord Curzon are not wide awake, the British Indians in Natal will, one of these days, find themselves stripped of all that they have been taught to believe they possess as subjects of the Queen-Empress.

The dissatisfaction that the latest move on the part of the Natal Government in the matter of education has caused amongst the Indian to Christianity, of whom there is a large number, is indeed very intense. They, of all others, know fully, and have been taught to understand, the advantages of Western culture. They are taught by their religious teachers the doctrine of equality. They are told, Sunday after Sunday, that their Great Master knew no distinction between a Jew and a Gentile, a European or an Asiatic. Small wonder, then, if they feel keenly the disabilities that are sought to be imposed upon them in the educational line. It is difficult to say where the present agitation against the Indians will end. The wish of the white Colonists may perhaps fairly be said to be embodied in the following extracts from the speeches of well-known members of the Natal Parliament:

Mr. Palmer thought it undesirable that so large an increase should be made in the money voted for the education of Indians, who were thus being fitted to supplant the children of white Colonists.

Mr. Payn moved that the item be struck out, remarking that:

Indians who came here had the right of leaving the Colony. There were thirteen blacks (?) to every white in Natal, and yet Parliament was voting money to educate the blacks to oust Europeans. Some people were doing worse than that—selling land to blacks which would be foundation of the strength of the coloured people here in the future. (Natal Mercury, 8th June, 1899.)

It need not take a long time to know on which side justice lies. Sir Harry H. Johnston, whose name is well known to your readers, rightly says in his recent book on the “Colonization of Africa”:

On the other hand, from the Imperial point of view—from what I call the policy of the Black, White, and Yellow—it seems unjust that Her Majesty’s Indian subjects should not be allowed to circulate as freely as those of her lieges who can claim European descent. (p. 177)

And, after all, is it not the Imperial point of view alone which is worth considering, and before which every other view must bend? It is to be hoped that the public in India will be sufficiently alive to the 282 THE COLLECTED WORKS OF MAHATMA GANDHI importance of the question, which in its widest aspects affects not only the fifty thousand Indians in Natal, but each one of the three hundred millions who may care to go out of India in search of livelihood.

The Times of India (Weekly edition), 19-8-1899

25↑ Vide footnote, “The Plague Panic in South Africa”, 20-3-1899, supra.

26↑ Vide “Indians in the Transvaal”, May 17, 1899.

27↑ Vide “The Plague Panic in South Africa”, March 20, 1899.

28↑ The reference is to Cecil Rhodes, twice Premier of Cape Colony.

Letter to Colonial Secretary (13-7-1899)

DURBAN,: July 13, 1899

SIR,

With reference to my letter dated the 6th inst. regarding the Dealers’ Licenses Act, I wish to correct an error that has crept therein. I find that only one case of hardship of the description mentioned in my letter has happened in Port Shepstone. The other case never went to the Licensing Officer, as the Attorney who had charge of both cases, owing to the unfortunate result of the first case, advised his other client not to go on with his application. Steps are now being taken to make. the other application also.

I have etc.,
M. K. GANDHI

Colonial Office Records: Memorials and Petitions, 1899.

Letter to British Agent (21-7-1899)

JOHANNESBURG,
July 21, 1899^[29]

TO
HIS HONOUR THE BRITISH AGENT
PRETORIA

SIR,

On behalf of the Indian community in Johannesburg, I beg to lay the following before Your Honour:

1. At the interview you were graciously pleased to grant the deputation,. consisting of Mr. Hajee Habib Hajee Dada, Mr.H. O. Ally, Mr. Abdul Rahman, and myself on Thursday last (July 20, 1899), you informed the deputation that Her Majesty’s Government would not at present interfere as regards the general question, viz., the whole status of the British Indians in the Transvaal; that the Indians must abide by Law 3 of 1885, as amended in 1886, but that Her Majesty’s Government would be prepared to interfere at any time with reference to special cases, such as the sites of Locations, cases of long leases, etc.

2. I am to say that Her Majesty’s Government having accepted the above law, there is no desire on the part of the Indian community not to abide by the law, so long as it remains on the Statute book of the Republic.

3. But I am to point out, as it was done at the above interview, with due deference, that as the Locations are to be pointed out, as the law states, for the purposes of sanitation, the necessity on that ground ought to be clearly established. And if in that case the question be that of each Indian having to prove that he has been living in accordance with the sanitary regulations, and that his presence in town is in no way a danger to the community generally from a sanitary point of view, the matter even then seems to be extremely simple. If Her Majesty’s Government succeed in establishing the point that the Transvaal Government would not remove those Indians who produce satisfactory evidence as to their sanitary condition, I venture to submit that the rest of the burden could be discharged by parties affected, without having to trouble Her Majesty’s Government.

4. In Johannesburg. and the suburbs, apart from the present Indian Location, there are, it appears, about 125 British Indian storekeepers and about 4,000 hawkers, the storekeepers possessing unliquidated assets collectively estimated at about £375,000, and the hawkers about £400,000.

5. Most of the storekeepers possess leases, with the exception of 3 or 4. However, none of them has availed of the Government Notice calling upon them to register their leases.

6. The people were and are in a state of terror; they do not know what to do. The cablegram appearing in the newspapers to the effect that Her Majesty’s Government were still in communication with the Transvaal Government, and that Her Majesty’s High Commissioner. was instructed to take up the matter at the Bloemfontein Conference^[30] served as an effective check against the storekeepers registering their leases.

7. The Indians residing in Johannesburg cannot, even if they wanted, remove to the Location situated in the Brickfields.

8. It contains, according to the report of the Inspector of Nativesand Traffic in Johannesburg, dated the 10th January, 1896, ninety-six stands, each 30 by 50 ft. The Location was even at that date, as the Inspector states, overcrowded, containing a population of 3,300. The state of the Location at present, from that point of view, is probably worse than it was in 1898.

9. The Government of the South African Republic, it is understood, intend to remove the Indians in town to a place called Waterval, 4_ miles distant from Johannesburg Market Square, the central part of Johannesburg. Surveyor’s diagram and medical report thereon are hereto attached.^[31] The diagram shows the distance also from the end of the inhabited portion of the town.

10. It is submitted that to ask the Indians to remove to that place would be practically asking them to leave the Transvaal. The storekeepers could never do any business there. The hawkers could not be expected to walk with their wares from and to that place every day.

11. The fact that there are no sanitary arrangements there, no water, no police protection and that the place is situated in the vicinity of the place where the refuse of the town and night-soil are deposited, are minor considerations in comparison with the fact that it is situated at such a great distance as 4-miles with no population of any kind within practically a two-mile radius.

12. The Government appear to have entered into an agreement with Herman Tobiansky, of Johannesburg, in connection with this site, as will appear from copy thereof^[32] hereto annexed.

13. The lease bristles with provisions extremely harmful to the persons that might be located on the ground leased, but it is unnecessary to dilate thereon as the site itself is so manifestly unsuitable for the purposes mentioned.

14. It appears that the Kaffirs too, who are most of them labourers and not affected from a commercial point of view, have lodged their protest against their removal to the above site.

15. It has often been submitted that the removal of the Indian storekeepers to Locations, wherever they may be, would mean almost certain ruin for them.

16. It is respectfully submitted that if Her Majesty’s Government could not see their way to move in the direction humbly suggested in paragraph 3 hereof, the least that would prevent the entire ruin of the Indian storekeepers would be to leave the present storekeepers untouched. The hawkers could, if absolutely necessary, be removed to a Location if it is suitably situated and otherwise not objectionable. Exceptional sanitary provisions might, if necessary, be made regarding the storekeepers.

17. If, however, relief of the nature above indicated could not be secured, I am humbly to submit that a spot in the business portion of the town set apart for the Indian storekeepers for their business purposes, subject to such rent and other regulations that may be necessary, might enable a large number of the traders to earn their livelihood; but such an arrangement would not by any means afford relief to the few large Indian merchants.

18. While the matter is in course of settlement, the extension of time enabling the Indians to obtain temporary licences, or an understanding that they will not be interfered with in pursuit of their trade in the meantime, is very necessary by way of immediate temporary relief.

19. It may be stated that the Transvaal Government seem to have granted the above relief in Johannesburg. I am further to state that the Government of the Republic has served the following notice on the owners of the stands in the “Coolie Location”, dated the 23rd May, 1899:

You are hereby warned that, in accordance with the Government Notice No. 208, appearing in the Staats Courant of the 26th April, 1899, only you and your family will be allowed to reside on your Stand, after June 30th of the present year.

(Signed) A. SMITHERS

20. It appears that a protest with reference to this notice has already been lodged with His Honour the British Vice-Consul. The intention underlying the notice is obvious. It is submitted that in Law 3 of 1885 and its amendment, there is absolutely no sanction for any such restriction.

21. It is hoped that the Transvaal Government have no right and that they will not insist upon disturbing the rights of the present population in the Indian Location.

22. But if the town population must be partly or wholly removed to a Location, it is clear that another site will become necessary.

23. The Town Council, with the approval of the Transvaal Government, have adopted certain regulations regarding Locations, which go far beyond the scope of Law 3 of 1885, and its amendment. Copy of the regulations is hereto attached marked D.^[33]

24. It is much feared that the Transvaal Government would apply these regulations to any new site they may select for the removal of the Indians residing in the town. Indeed, the Annexure C^[34] shows this quite clearly.

25. Any scheme, therefore, for the removal of the Indians, whether hawkers or others, in order to be at all satisfactory, should give the Indians the same proprietary rights in the Locations as are granted to the other communities in town generally.

26. There is no prohibition in the law above referred to against Indians owning land in Locations or dealing with it as they choose. Indeed, hawkers could not be expected to buy land and erect their own buildings in the Locations. And it is respectfully submitted it would be a great injustice if the land in Indian Locations or the right to build thereon is given to any but Indians.

27. In conclusion, it is to be hoped that before accepting any scheme for a Location or a general settlement, the responsible Indians will, if possible, be taken into confidence, so as to enable them to make suggestions if necessary.

28. Now that there is a prospect of Indians generally being shifted to Locations, will it be too much to expect a change of official name “Coolie Location” for “Indian Location”?

29. I may state that I had the honour to wait upon His Honour the State Secretary on Saturday morning^[35] not in my representative capacity, but in my individual capacity, and while telling him that with regard to their grievances they must in future, as they had done in the past, lay them before their own Government, humbly pleaded for magnanimity in view of the fact that the Indians possessed great antecedents, were, no matter where they went, most law-abiding, and instead of being in any way a harm to the Burghers of the State, they were rendering a humble but useful service to them In their various pursuits. The State Secretary was good enough to extend to me the utmost courtesy, and granted me a long and patient hearing.

I have the honour to be,
Sir,
your obedient servant,
M. K. GANDHI

From the photostat of an original printed copy: S. N. 3245.

29↑ The letter was completed and despatched after July 22, 1899.

30↑ The High Commissioner had been asked to suggest to the South African

Government the possibility of creating an Asiatic quarter within each town. Vide also footnote 2 on “Memorial to Chamberlain”, 16-5-1898, supra.

31↑ These documents are not available.

32↑ This document is not available.

33↑ These documents are not available.

34↑ ibid

35↑ According to a report in The Standard and Diggers’ News of 24-7-1899, this interview took place on the preceding Saturday, July 15.

Interview to the "Star" (Prior to 27-7-1899)

[Prior to July 27, 1899]

Questioned by the Star,^[36] Mr. Gandhi stated that in Pretoria the Indians are permitted by the State Attorney to trade without licences until water is laid on. Now that this work has been completed, the authorities will insist on the Asiatics removing into the Location. In Johannesburg, the officials do not, for the present, intend to take active measures. The Waterval Location, from every point of view, is entirely unsuited. It was out of the question that hawkers should walk such a distance morning and night; and, as regards storekeepers, transfer of businesses meant that they might as well give up trading altogether, for, with the exception of other Coloured residents, there were no people within a radius of two miles. As yet there were no sanitary arrangements, while the place was in proximity to the depositing site for refuse. The Indians were prepared to show that on sanitary grounds there was no justification for their removal, and, if there were cases of insanitation, these could always be dealt with under regulations. It seems probable the main reason the authorities have postponed action is that not a few of the stands and buildings belong to Indians, and those men cannot be dispossessed. Mr. Gandhi saw no reason why a satisfactory arrangement could not be come to between the Imperial and the Transvaal Governments.

The Natal Mercury, 27-7-1899

36↑ The original interview in the Star is not available.

Petition to Natal Governor (31-7-1899)

DURBAN,
July 31, 1899

TO
HIS EXCELLENCY THE GOVERNOR OF NATAL

SIR,

We sent you last January a copy of the memorial respecting the Dealers’ Licenses^[37] Act of Natal addressed to the Right Honourable the Secretary of State for the Colonies. From the following it would appear that Mr. Chamberlain is in correspondence with the Natal Government regarding the measure:

PIETERMARITZBURG,
13th June, 1899

With further reference to your letter of the 11th January last,^[38] addressed to His Excellency the Governor, containing a Memorial signed by certain Indians on the subject of the Dealers’ Licences Act No. 18, 1897, I have the honour to inform you that the Secretary of State for the Colonies is in communication with this Government with reference to the petitioners’ complaint.

The following appears in The Natal Witness, dated 4th July, 1899, with reference to the letter addressed by the Government to the Ladysmith Local Board:

A letter was read from the Principal Under Secretary advising the Board to exercise caution in refusing Indian licenses so as not to interfere with vested interests, as unless this was done the Government would be obliged to introduce legislation giving Indians right of appeal from the decisions of Local Boards to the Supreme Court. But if care was exercised in refusing Indian licenses, such legislation need not be introduced.

It was decided to inform the Government that the matter should have full consideration and the Town Clerk was instructed to lay the matter before the Board.

It is presumed that a similar communication has been addressed to each of the Local Boards or Town Councils in the Colony.

It is gratifying to note that Mr. Chamberlain is alive to the danger that besets the Indians in the Colony If the strong arm of protection from the imperial Government is not stretched forth in their behalf, and that the Natal Government is evidently anxious in some way or other to meet Mr. Chamberlain. But at the same time it is extremely desirable that the real bearing of the above letter should be understood, and that the Colonial Office, or the sympathizers, should not be lulled into the belief that the letter in any way solves the difficulty or removes the anxiety that is preying upon the Indian mind in Natal. The Town Councils and the Local Boards have got certain powers under the Act, and they are entitled to use those powers in the way it pleases them without let or hindrance. Strictly speaking, the letter is unconstitutional, and at best a gratuitous piece of advice which the Local Boards or the Town Councils are in no way bound to follow. Indeed, there is no knowing that it will not be resented by some at least of the more forward municipalities as an unwarranted interference by the Natal Government. Be that however as it may, we are prepared to assume, for the sake of argument, that the municipalities concerned may, for a time, use their powers in such a manner as not to appear to be affecting “vested interests”. they may take the hint given by The Times of Natal referred to in the memorial, and perform the process of “gradual weeding out” so as not to cause a commotion. Certain it is that the relief, if any is afforded by the letter, will be merely temporary, and may in the end aggravate the disease instead of removing it. What is needed, and what is also the least that ought to be given is, in our humble opinion, the alteration In the Act suggested by the Government, viz., the giving of the right of appeal to the Supreme Court against the decisions of the municipalities. For, it is the Act that is really bad and un-British. The powers given thereby are arbitrary, and a gross encroachment upon the elementary rights of citizens in the British territories. The municipalities, so far as we know, never asked for such powers; they certainly asked for discretionary powers, but the Act goes much further: it constitutes them their own Supreme Court.

With a view then to inform you as to what is going on here with reference to the Dealers’ Licenses Act, and to show how far the fears expressed in the memorial referred to above have been realised, we have ventured to approach you in the matter. The following letters have been addressed to the Natal Government on our behalf which speak for themselves:

With further reference to your letter dated 13th June in view of the correspondence that is going on between the Imperial and Local Governments, it may not be amiss to show how far the fears expressed in “the Dealers’ Licenses Memorial” have been realised. I have not been able to collect accurate information from all the places, but so far as the information has been received it is of an extremely discouraging nature. In Dundee the licenses were first refused and on an appeal they were granted under certain qualifications endorsed on the back of the licenses, viz.,: ‘This license is granted upon distinct understanding that it will not be renewed in the present buildings. By order of the Board, (Sd). Fras. I. Birkett, Licensing Officer andTown Clerk.’ In answer to an enquiry, several of the license-holders said that they thought the licenses were so granted because their stores were wood and iron buildings. It appears Messrs. Handley & Sons and Harvey Greenacre & Co., in Dundee, have brick fronts but the rest of their stores is wood and iron. Messrs. Taylor & Fowler, Merchants of Dundee, have their stores entirely of wood and iron. In Newcastle the licenses refused last year have been refused this year also. The Town Council were good enough to give some time to two of the applicants in order to enable them to sell off their stock, but this could hardly act as a remedy against the loss occasioned to the parties concerned. One of them, Abdool Rassool, had a large business and owned a wood and iron store. It was pointed out to the Council that the building which represented to him a value of £150 would fetch practically nothing, if it had to be sold.

In Verulam, I understand, two applicants who had a license last year have been refused their licenses this year, and the men as well as their servants are now comparatively reduced to poverty.

In Ladysmith, one M. C. Amla, who has been trading there for several years, has been deprived of his license on the ground that the place where he was trading was situated in the chief street of the township and that it was suitable only for a European trader. The owner applied for a license with reference to another building immediately near an Indian store and owned by the owner of that store. That application too has been refused on the same ground. I might be permitted to mention that there are other Indian stores in the same street.

In Port Shepstone, two large Indian Merchants have lately sold their businesses to two other Indians. These applied for licenses and the Licensing Officer refused them. An Appeal was taken to the Licensing Board with no better result, and the parties are now considering what to do.

It is humbly submitted that it is a serious matter when one man, because he is an Indian, cannot sell his business to another, also because that other is an Indian, for the refusal to grant the license in such cases is tantamount to forbidding a purchase and sale unless it were done in an underhand manner.

An Indian who had sold out his premises to Dundee Coal Co., and had therefore entirely wound up his business, came down to Durban, and purchased a previously licensed store on the Umgeni Road and applied for a license for himself. The Licensing Officer, after the man had made several applications and after he went to the expense of engaging an eminent counsel in Durban at a heavy cost, granted the license and then only for a limited period in order to enable the applicant to sell out the goods he had already bought in anticipation of receiving a license.

These are some of the cases where vested interests have been prejudicially affected. But, cases where thoroughly good men with capital have been refused licenses because they were Indians who did not hold a license to trade the previous year are too numerous to mention.

The Indians have noticed with satisfaction and gratitude the fact that the Government are anxious to see that the vested Indian interests are not injured, in that they have addressed letters to the several Town Councils and Town Boards to the effect that unless they took care not to touch vested interests, legislation giving Indians right of appeal to the Supreme Court might become necessary. I am, however, to point out that such an appeal to the Boards may not have a permanent effect if at all, and would still leave the Indian traders in a state of dreadful suspense. The alternative suggested by the letter above referred to would indeed, in my humble opinion, be only a small measure of injustice but extremely desirable in the interests of the Indian community already settled in the Colony.

I am to request that the contents of this letter may be communicated to the Right Honourable the Secretary of State for the Colonies. Second letter:

With reference to my letter dated 6th instant regarding Dealers’ Licenses Act, I wish to correct an error that has crept therein. I find that only one case of the hardship of the description mentioned in my letter has happened in Port Shepstone. The other case never went to the Licensing Officer as the attorney who had charge of both the cases, owing to the unfortunate result of the first case, advised the other client not to go on with his application. Steps are now being taken to make the other application also.

With reference to Port Shepstone, it may be mentioned that the refusal to grant the licence has followed close upon a question asked by a member of the Natal Assembly from that district, as to whether in such districts licences to Indians were granted indiscriminately. The Government replied saying that they had informed the magistrates in such districts, who are also the Licensing Officers, to the effect that they have discretionary powers. The Magistrate at Port Shepstone evidently took the hint, and refused the licence. This happened some days before the letter addressed to the Ladysmith Local Board above referred to appeared in The Natal Witness.

It is hardly necessary to state that the cases that come before the authorities in some way or other are not the only cases of hardship. The Act has a terribly deterrent effect and many poor traders simply from hopelessness refrain from applying for a renewal of their licences, and many more from taking their cases before the appellate body, viz., a municipality or a Licensing Board, in the event of being rejected by the Licensing Officer. The second case in Port Shepstone is an instance in point.

There is no grievance more keenly felt than the one under the Act; for, it affects the bread and butter of hundreds of industrious and peaceful Indian traders from the lowest to the highest. There is no certainty that because the best of us have received a licence this year we would receive it the next also. In a state of such insecurity business naturally becomes paralysed and uneasiness takes hold of our minds. The sole hope lies in something being done by and through the Imperial Government.

We venture to draw your attention to the following leading articles on this matter in The Times of India:

We have dealt with the question of the rights of Indians in British Africa so often that there is no need to repeat upon this occasion the arguments we have frequently adduced. . . . But while the Colonists gladly availed themselves of the services of Indians as hewers of wood and drawers of water, they have constantly attempted to deprive them of those rights of free competition in trade which should be their inalienable privilege as British subjects. They decline to compete with the Indian traders in the open market, and endeavour to foster Protection in its most contemptible form by hedging them round with vexatious restrictions. . . . It is in the highest degree humiliating to know that the traditions of British impartiality to men of all races and creeds have been so far departed from in South Africa that British subjects are being compelled to seek sanctuary upon Portuguese soil from the tyrannous oppression of men with whom they are supposed to enjoy common rights under the British Crown. The injustice suffered by Indian traders in Africa will never be removed until the Home Government decides to accord to them the protection they have a right to expect. (15th April 1899, Weekly edition.)

To the Englishman in India the spectacle of Indian traders being denied entrance and domicile anywhere under the British flag is irritating and repugnant, inasmuch as it gives his fellow-subject unquestionable reason for asking what are the advantages of the citizenship that he enjoys. To the native the spectacle must be a temptation to think that the British flag is a meaningless symbol, for under it one British subject may vex and constrain another without leaving the latter any redress. We, who speak for Englishmen in India, would give much if home opinion could be aroused to that aspect of the case of the Indians in South Africa. The equities of the case leave no room for dispute even on a Durban platform. But there is a political and sentimental side to it, too, which could be made to seize the popular imagination in England if people could once be got to think of so many thousand honest and well-behaved subjects of the Queen on their removal from one part of the Empire to another, being denied the most ordinary rights of citizenship. . . . Is there no one in the House of Commons who can tell this tale of shame and injustice with some hope of getting redress for the victims. . . . (22nd April 1899, Weekly edition.)

We hardly think we need add more. We trust that as in the past you will be pleased to exert yourself in our behalf, and bring the present painful position to speedy termination.

We remain,
Sir,
your obedient servants,
ABDUL CAADIR
(M. C. CAMROODEEN & CO.)
AND THIRTY OTHERS

From the photostat of an original printed copy: S. N. 3252.

37↑ The spelling of this word at various places, in this and other documents, as given in the original is being retained.

38↑ Vide “Covering Letter to Petition”, January 11, 1899.

Wire to Colonial Secretary (9-9-1899)

September 9, 1899

TO
HONOURABLE COLONIAL SECRETARY,
PIETERMARITZBURG

THANKS FOR LETTER^[39]. ANXIOUS ENQUIRIES MADE DAILY. URGENT RELIEF NECESSARY.^[40] HEAR BRITISH AGENT HAS ALSO APPROACHED GOVERNMENT. RESPECTFULLY SUBMIT THERE CAN BE NO HARM IN LETTING INDIANS IN AS SUGGESTED. RELAXATION AFTER HOSTILITIES^[41] MAY BE TOO LATE. IMPOSSIBLE FOR INDIANS CALMLY WATCH EVENTS WHEN BEST MEN ARE LEAVING RAND. WORDS CANNOT DESCRIBE PAIN CAUSED BY FACT THAT BRITISH SUBJECTS CANNOT FLY FROM DANGER TO BRITISH SOIL.

GANDHI

From the photostat of the office copy: S. N. 3288.

39↑ The communication from Gandhiji to which this was a reply is not available.

40↑ Relaxation was sought in the administration of the Immigration Restrictions Act which regulated the entry of Indians from the Transvaal into Natal.

41↑ The Boer War was then imminent.

A Circular Letter (16-9-1899)

14 MERCURY LANE,
DURBAN,
September 16, 1899

SIR,

I enclose herewith copy of the communication sent to His Honour the British Agent at Pretoria on behalf of the British Indians in the Transvaal.^[42] The tension is hourly increasing and by the time this is in your hands it is difficult to say what will happen. But lest the Indian question might be kept in the background in any compromise that may be arrived at between our Government and the Transvaal, it has been thought advisable to keep you informed of the position affecting the British Indians. The accompanying would show how the Transvaal Government have gone beyond the Law 3 of 1885 in sanctioning the regulations of the Johannesburg Town Council. There is absolutely no warrant for such regulations or for preventing the Indians from owning land in the Locations. The chief point, however, is that urged in paragraph 3 of the letter to the British Agent, namely, sanitary reasons must be established in terms of the law for removing, the Indians to Locations. Here there is ample ground for intervention.

I remain,
yours obediently,
M. K. GANDHI

From the photostat of a signed copy of the original: S. N. 3295a.

42↑ Vide “Letter to the British Agent”, July 21, 1899.

The Second Report of the Natal Indian Congress (Post 11-10-1899)

[Post October 11, 1899]^[43]

The first report was published in August of 1895,^[44] one year after the establishment of the Congress. Owing to various causes, it has not been possible to prepare another report during the interval that has elapsed.

INCOME AND EXPENDITURE

From the memo annexed hereto,^[45] the members will be able to see at a glance what has been spent during the three years. It will be noticed that the chief items were incurred during the Demonstration crisis,^[46] the memorial^[47] alone costing close on £100. If the expenditure has, on an average, been larger during the years under review than during 1894-95, the income, too, has considerably increased. One good result, and perhaps the most important, of the publication of the first report was that the Congress at once decided to make the annual subscriptions payable for the whole year in advance and the cumbrous method of collecting the subscriptions every month was given up. As a result, the subscriptions for 1895-96 were collected at once, and the activity shown in the year 1896 by some of the workers was really marvellous. They not only gave their time, but those that were able came forward with their carriages to go about collecting. The visit to Stanger in this respect was the most memorable. The President, Mr. Abdul Karim Haji Adam, Mr. Abdul Kadir, Mr. Dowd Mahomed, Mr. Rustomji, Mr. Hassam Juma, Mr. Madanjit, Mr. Paruk, Mr. Hoosein Meeran and Mr. Kathrada, including the Hon. Secretary, went out to Verulam, Tongaat, Umhlali, Stanger and the district beyond, in the carriages placed at the disposal of the workers by the President, by Mr. Abdul Kadir and Mr. Dowd Mahomed. At Tongaat, the members stayed at the store of Mr. Kasim Bhan till midnight, not caring whether they had their food or not, in order to induce that gentleman to become a member, but he was obstinate and the workers had to retire. But they did so only to put forth redoubled efforts the next morning. One of them rose up very early and without having even a drop of tea invaded Mr. Bhan’s store, and the members sat there without having anything to eat till noon and left the store only after Mr. Bhan became a member and gave his subscription. They then went to the next station On the way, Mr. Hassam Juma was thrown off his horse and was perfectly insensible for a few seconds. It was suggested that all should return as the road was bad and evening had set in. But Mr. Hassam Juma would not listen and the journey was kept up. At Stanger all these efforts were crowned with success. Mr. Mohomed Essopji, now unfortunately deceased, saw the zeal of the workers at Tongaat and became himself enthused, so much so that, although he was on his way to Durban on an important business, [he] chose to accompany the workers to Stanger where he entertained them all and was instrumental in securing for the Congress, in Stanger alone, the sum of over £50.

Many such instances can be given of the splendid devotion of the members under the leadership of our late President, Mr. Abdul Karim Haji Adam. The visit to Newlands through an uphill tract without anywell laid-out roads, the journey to the Buttery place at night time through the fields without a guide, the journey to Isipingo, the pilgrimage to the store of Mr. Essopji Umar, where the members went at 5 o’clock in the evening and remained till 11 o’clock without food—all these deserve a chapter each. Suffice it, however, to say that the energy, devotion and single-mindedness shown for the cause by the workers during that time have seldom, if ever, been equalled. The same, however, unfortunately for us, cannot be said now. The fiery enthusiasm seems to have died out. Causes for such a state of things are many, some of which are such that they cannot be controlled by the members. But it is painful to have to record that much that might have been done has not been done by them; and the confident hope that was entertained now two years ago that we would by this time have a fund amounting to £5,000 has, for the present, become a dream. The Congress has to discharge a liability of £300, perhaps £400, and it is difficult to say how the monies are to be got in. The subscriptions at Maritzburg, Charlestown, Newcastle, Verulam, Tongaat, Stanger and the other places have become overdue, and nothing has yet been done to call them in. While, at one time, the number of members reached the respectable total of nearly 300, strictly speaking, the number now is only 37! That is to say, that there are only 37 who have paid up their subscriptions up to date. It is time the members woke up from their long sleep, or else it might be too late.

THE CONGRESS WORK IN THE MONTH OF OCTOBER 1895

The Transvaal Volksraad passed a resolution in October 1895 exempting British subjects from compulsory military service with the proviso that Indians were not included in the term “British Subjects”.^[48] The Congress, although, strictly speaking, we are not supposed to actively interfere with the affairs of our fellow-brothers in the South African Republic, with their concurrence, took up the question. A cablegram was drafted and was forwarded from the Transvaal to our sympathisers in London,^[49] and a memorial was also sent in due course,^[50] with the result that the obnoxious resolution, so far as is known, has not yet been accepted by the British Government. That month introduced us to Mr. Earnest Hatch, a Conservative member of the British Parliament. He was touring through South Africa. Some persons in Johannesburg took him to the Indian Locations, showed him the worst parts in the Indian quarters, and the papers said that Mr. Hatch was very much disgusted with what he had seen and that he was going to study the Indian question. From Johannesburg he came to Durban and some of the members of the Congress thought it advisable to meet Mr. Hatch and place before him the Indian view of the question. He met a deputation of about 50 representative Indians and returned a very sympathetic answer to what was said to him and promised to do what he could in England. He marked with approval the moderation with which, in his opinion, we carried on our work. Mr. Hatch was presented with some Indian curiosities.

The Franchise question had not yet been settled and during the latter part of the year 1895, it was very much discussed in the papers. Everybody seemed to think that the Indians were attempting to claim a new privilege which had been, hitherto, withheld from them, that they wanted a vote for each Indian, that they never possessed any franchise right in India and that if the Natives of South Africa could not possess it, much less could an Indian. It became very necessary to answer all these misrepresentations and to remove the misunderstanding. A pamphlet entitled The Indian Franchise: An Appeal to Every Briton in South Africa^[51] was prepared. Seven thousand copies were printed, one thousand of which were paid for by Mr. Abdul Karim Haji Adam, and they were widely distributed, some in England also. It was largely noticed by the South African Press and it gave rise to some sympathetic and some bitter and much indifferent correspondence. A special article was devoted to it in the London Times and all the propositions advanced therein were accepted by the writer. This was in December 1895.

In the early part of 1896, as most of the questions placed by the Congress before the Secretary of State for the Colonies were yet unsettled, it was considered necessary to place a review of the whole situation before our friends in London and India. A general letter was, therefore, prepared and was sent to them under the signatures of the representative Indians in Natal.^[52] It was about this time that the regulations with reference to the then newly established township of Nondweni in Zululand were published.^[53] It was provided therein that the Indians could not buy or possess erven^[54] in that township. As soon as they were published in the Government Gazette, a memorial^[55] was drawn up protesting against the exception and submitted to H. E. the Governor. The Natal Mercury admitted the justice of our contention. His Excellency, however, could not see his way to remove the prohibition.

Thereupon, a petition was forwarded to Mr. Chamberlain,^[56] and Sir M. M. Bhownaggree on receipt of the memorial put a question in the House of Commons. The London Times gave nearly two columns to the matter andthe Committee of the National Congress^[57] also took it up. It might be noticed here, parenthetically, that the publication of the above regulationsbrought to light the fact that similar regulations were passed with reference to the earlier established townships of Melmoth and Eshowe. The above memorial included these two townships also. The prohibition has now been removed. Had it not been for the vigilance of Mr. Adamji Miankhan, this matter might have altogether escaped the notice of the Congress; for, he it was who first came to know about it, and brought it to the notice of the Honorary Secretary.

About May 1896, after inspection of many properties and after much consultation and deliberation, the property registered in the name of Niddha, a free Indian woman, with a brick house and store, was bought by the Congress for £71,080. It was unanimously resolved that it should be registered in the names of the seven persons who have the power of signing cheques on behalf of the Congress as trustees therefor. The property now brings a rental of about £l0 per month, its rateable value is £200 and the yearly rates payable to the Corporation this year have been £9-17-6. The buildings are insured for £800 by the Gardiner Fire Assurance Society. Most of the tenants are Tamil people. A bathroom was badly required by them and a temporary structure has been put up by volunteers, Mr. Amod Jeewa supplying the bricks free of charge. It is reckoned that this work has saved the Congress over £8. In April of 1896, as the funds of the Congress thus seemed to be in a prosperous condition and as it became necessary to remove from Mr. Moosa Hajee Adam’s place, it was felt that the Congress might well take a step forward and be better housed. Accordingly, the spacious hall now occupied by the Congress was rented at a monthly rental of £5, being an increase of £3 per month over the rent previously paid.

During the first session of the Natal Parliament, 1896, it became known that Mr. Chamberlain had decided to advise the Natal ministers to amend the Franchise Act specially preventing persons of Asiatic extraction from being placed on the Voters’ Roll from the statute book of the Colony by passing a general Act. A Bill repealing that Act and disqualifying persons and descendants of persons belonging to countries that have not hitherto possessed elective representative institutions founded on the parliamentary franchise from becoming voters at the parliamentary elections was thereupon brought in. The Congress felt that, although this Bill did not apply to the Indians,^[58] as it was to be passed with a view to disfranchise them alone, it was necessary to oppose it and, therefore, a petition embodying the views of eminent persons as to the existence of representative institutions in India was submitted to the Legislative Assembly.^[59] This evoked so much opposition to the Bill on the part of some of the members of the Legislative Assembly that, at one time, it seemed as if the Bill would be thrown out. Sir John Robinson cabled to Mr, Chamberlain and obtained his permission to add after ‘institutions’ the phrase ‘founded on the parliamentary franchise’.^[60] This addition materially disarmed opposition to the Bill and it passed both the Houses in spite of our petition to the Legislative Council.^[61] Mr. Laughton, at the time of the controversy, wrote a letter to The Natal Advertiser and gave it as his opinion that, in spite of the addition above referred to, the Bill would be inoperative so far as the Indians were concerned. The Bill reserves to the Governor the right to grant special exemption to those coming under it. A petition protesting against the Bill was sent to the Secretary of State for the Colonies,^[62] but it has received the Royal assent and is now the law of the land. It is quite competent for us at any time to bring up a test case as to whether or not we have institutions in India such as are contemplated by the Act, or to apply to the Governor for special exemption. The necessity for either has not yet arisen. We have all along contended that it was not political power that we wanted, but that it was degradation which The first franchise Bill involved that we resented, and our protest has evidently been respected by Her Majesty’s Government.

The birth of a son to Mr. Abdul Kadir in the month of March, 1896, deserves a special paragraph. At the ceremony performed in the Congress Hall to commemorate the event, over 500 people gathered together. The Hall was brilliantly lit up, Mr. Abdul Kadir made a present to the Congress of £7. This was followed by others and the donations given on the occasion amounted to £58.

During the presidency of Mr. Abdulla Haji Adam, a resolution was passed to the effect that members who collected for the Congress £25 and upward should receive a silver medal. After the institution of the medals many members had, before the month of April 1896, qualified themselves for the honour. Mr. Dowd Mahomed was the most conspicuous in this respect, and it was the unanimous wish that the resolution should be put in force with respect to his work. Consequently, a special meeting was held and a silver medal with a suitable inscription, accompanied by a testimonial, was presented to him.

By this time it became necessary for the Honorary Secretary, owing to domestic reasons, to leave for India for a short visit. The Congress decided that he should take advantage of his visit home and lay before the Indian public the grievances of the British Indians residing in South Africa. A letter appointing him as delegate was consequently given to him^[63] and a draft for £75 was also given to defray the expenses of travelling, printing and other out-of-pocket disbursements in connection with the work.^[64] An Address was presented to him by the Congress and a gold medal. The Tamil members of the Congress held a special meeting and presented a further Address.^[65] The Honorary Secretary in reply to all the Addresses said that the presentation was premature, the work was not yet finished. He, however, took theAddresses and the presents as tokens of love, and said that, if the sentiments expressed by the people were genuine, before his return the members would so work as to swell the Congress balance from £194 to £1,194 by the addition of £1,000 by subscriptions and donations. These presentations were widely noticed by the S. African Press, not altogether in an unfriendly spirit. He left for India by the Pongola on the 5th of June 1896.

During his absence, Mr. Adamji Miankhan was appointed acting Honorary Secretary. Soon after his reaching India, the Honorary Secretary published a pamphlet entitled Grievances of the British Indians in South Africa: An Appeal to the Indian Public.^[66] Four thousand copies were printed and widely distributed. The Times of India was the first to notice it and, in the course of a sympathetic leading article, advocated a public inquiry. Almost every newspaper of note in India took up the question. The Pioneer, while admitting the grievances, thought that the question was. extremely complicated, that it was difficult to dictate a particular policy to the self governing Colonies, and that, under the circumstances, South Africa for better-class Indians was a country to keep away from. The Simla corres pondent of the London Times cabled a summary of the pamphlet, adding thereto the views expressed by The Times of India and The Piorteer. After the publication of the pamphlet, the leading men in Bombay were waited upon by the Honorary Secretary who was frequently accompanied by the late President, Mr. Abdulla Haji Adam, who happened at the time to be in Bombay.

At the suggestion of the Hon’ble Mr. P. M. Mehta, a public meeting was held in the hall of the Framji Cowasji Institute on the 26th September, Mr. Mehta presiding. The hall was packed. After the Honorary Secretary had read his Address,^[67] a resolution sympathising with the Indian’s in South Africa and authorising the President to draw up and forward to H. M.’s Principal Secretary of State for India a memorial in connection with the matter was unanimously passed. The late Hon’ble Mr. Jhaverilal Yajnik, the Hon’ble Mr. Sayani and Mr. Chambers, the Editor of the Champion, spoke to the resolution. Full reports of the meeting appeared in the daily newspapers, and the Presidency Association forwarded by a cable a summary of the proceedings to London.

Madras was next visited, and the leading men were interviewed. Under the auspices of the Madras Mahajan Sabha a circular was drawn up calling a public meeting at Pachaiyappa’s Hall. The circular was signed by about 40 representative members of the various communities in Madras, Raja Sir Ramsamy Mudliar being the first signatory. The Hon’ble Ananda Charlu presided. The hall was crowded and after the Address was read resolutions similar to those passed in Bombay were unanimously carried. A special resolution was also passed suggesting the stopping of indentured labour to Natal. Mr. Adams, Mr. Mr. Parameshvaram Pillay, Mr. Parthasarathy Naidu spoke to the resolution. All the leading dailies fully reported the proceedings. After the meeting was over, there was such a scramble for the above pamphlet that all the available copies were taken up and to meet the demand of the public 2,000 copies were printed in Madras. On the appearance of the cable of the Simla correspondent of the London Times in that paper, Sir (then Mr.) Walter Peace, the Agent-General for Natal, was interviewed and he stated in reply that there were no grievances and made many other statements. The special feature of the Madras Address was an exhaustive reply to Sir Walter Peace. This reply was printed as an appendix to the 2nd edition of the pamphlet.

After a fortnight’s stay in Madras, the Honorary Secretary travelled to Calcutta. There he interviewed the leaders of public opinion. Sympathetic notices were taken by The Englishman, The Indian Mirror, The Statesman and other English and vernacular papers. The committee of the British Indian Association met to hear the Honorary Secretary, and decided to adopt a memorial to the Secretary of State for India. While arrangements were being made to hold a public meeting, a cable from Natal was received asking the Honorary Secretary to return at once. The meeting had, therefore, to be abandoned and he left Calcutta for Bombay. A meeting was however, held in Poona under the auspices of the Sarvajanik Sabha. Prof.. Bhandarkar presided. The meeting passed resolutions on the lines oft’ those passed at Madras, to which Prof. Gokhale, the Hon’ble Mr. Tilak; and . . .^[68] spoke.

The Honorary Secretary left India by the Courland on the 27th November, 1896.^[69] A summary of the cablegram by the Simla correspondent of the Times, referred to above, was sent by Reuter to the South African press. This summary gave an impression of the pamphlet circulated in India that cannot be borne out by a perusal thereof. It, however, gave offence to the European Colonists. The newspapers published violent articles. This gave rise to an anti-Asiatic agitation on an organized scale and the Colonial Patriotic Union was established. It ‘appears that, soon after the publication of the articles, copies of the above-mentioned pamphlet, which were forwarded here, were supplied to the Press which, thereupon, took the right view of the situation and admitted that there was nothing in it to justify the violence of the language used against it. The agitation, however, continued, and many exaggerated statements likely to inflame the public mind were made by the Union. Meanwhile, the Courland arrived, preceded by the Naderi, by a few hours, which also brought Indian passengers. The prolonged quarantine of 23 days, the formation of the Demonstration Committee, the marching of the Committee procession to the Point to prevent the Indians from landing, the landing of the passengers, the mobbing of the Honorary Secretary, his narrow escape in the guise of an Indian constable, the splendid help rendered by Supdt. Alexander and his force, the sudden change of the tone of the Press, the severe verdict passedby it on the action of the Demonstration Committee, the recognition of the services rendered by the Police on the part of the Indian community, the Demonstration memorial to Mr. Chamberlain containing . . . pages^[70] giving the full history of the crisis are all fresh in the minds of the members of the Congress. Two traits of Indian character came out prominently during the critical) period. The establishment of the Quarantine fund for the relief of the sufferers on the two illfated vessels was a work which showed Indian liberality to the best advantage; and the peaceful behaviour and the quiet resignation during the most irritating times extorted the admiration even of those who were least likely to notice the good traits of our people. During the session of Parliament that followed, the Government, according to their promise to the Demonstration Committee, introduced four anti-Asiatic Bills, viz., the Quarantine, Immigration Restrictions, Dealers’ Licenses, and Uncovenanted Indians Protection Bills. Petitions were sent to both the Houses^[71] but in vain; and the Bills were passed. A petition was therefore sent to the Secretary of State for the Colonies.^[72] The reply is not altogether satisfactory. Mr. Chamberlain, however, sympathises with us and grants our request with reference to the Indians Protection Act. This legislation may fairly be said to have closed one part of the Asiatic question and that, it would appear, to an extent in our favour. Ever since the establishment of our institution, we have fought against colour legislation—against legislation imposing special disabilities on the Indians. That principle has evidently been admitted. Of course this does not mean that we have nothing further to do or that the Solution is satisfactory. On the contrary, we have now the fight against opposition much more subtle because indirect. The above legislation, although nominally directed against all persons, is in practice applied to the Indians alone. We have, therefore, to endeavour not only to get the legislation repealed or modified, but we have also to watch the operation of the various Acts and so far as possible to induce the authorities not to make it unduly severe and irksome. All that requires on our part constant efforts, unceasing watchfulness, un-breakable union amongst ourselves, a large measure of self-sacrifice and all those qualities that ennoble a nation. And then victory must be ours, for our cause has been universally regarded as just, our methods, moderate and without reproach.

In this connection it might be well to consider and dispose of one complaint that has been raised against the Congress and that is due to ignorance of past events. It has been said that, if we had not started the movement to obtain redress, our position might not have been so bad as it now is. Little do those people who advance this argument know that the agitation against the Indians is as old as their advent to the Colony. What would have happened if we had not attempted to stem the tide of that agitation? The answer is simple— what has happened to the Indians in the Orange Free State. The Europeans there agitated against the Indians who sat silent until it was too late, and we have now no foothold in that State. In the Transvaal we awoke when half the ground was lost, and because we raised our voice against the European opposition we have yet hopes that, though we may not be able to recover the lost ground, we would at least be able to retain what little yet remains to us. Similarly, in Natal we woke just when the anti-Asiatic feeling was being crystallized into legislation and, therefore, our position is not what it might have been otherwise. If the above feeling had not been allowed to assume the proportions that it did in 1994, we might fairly infer, from the course events took in the other States of South Africa, that our position might have been much better than what it is. To prosecute the enquiry further, the repeal of the anti-Indian regulations for the township of Nondweni in Zululand, the repeal of the first Franchise Act which especially applied to the Indians, the non-acceptance of the anti-Asiatic clause in the Commando Treaty in the Transvaal, Mr. Chamberlain’s famous dispatch in reply to the Transvaal Memorial entirely sympathising with us, the marked improvement in the tone of the Press in Natal and other matters which would readily occur to those who have cared to follow our proceedings, may be claimed as the direct and tangible results of our movement.

In the beginning of 1897, a cablegram was published in the papers from the Chief Justice of Bengal, in his capacity as the Chairman of the Indian Famine Charitable Relief Committee, appealing for help to the fund. As soon as the cablegram became known, it was realized that a special effort on the part of the Indians in Natal was necessary. A meeting of the Colonial-born Indians was held in St. Aidan’s school room, and there all present promised not only themselves to give what they could but to work also in getting in donations. A meeting of the merchants took place on Mr. Peerun’s premises and a fund was started; but that did not seem to satisfy the gentlemen present and they thought that something more was necessary. Another meeting, therefore, took place on the premises of Messrs. Dada Abdulla & Co., and almost all those who had subscribed on Mr. Peerun’s premises doubled or trebled the amounts first put by them, Mr. Abdul Karim rising from £35 to £101, Mr. Abdul Kadir from £36 to £102, Mr. Dawad Mahomed putting down £75. A strong committee representing all classes and creeds amongst the Indian community was formed. Circulars in English, Gujarati, Tamil, Urdu and Hindi were issued and widely distributed.^[73] Workers went out all over the Colony collecting subscriptions from high and low and within a fortnight a sum of £1,150 was collected, the expenses for collection amounting to less than £20.

The N.I.E. Association^[74] under the superintendence of Dr. and Mrs. Booth gave two benefit performances in the Congress Hall. An improvisedstage was erected and the members with some non-members played ‘Ali Baba and Forty Thieves’, the hall being packed full on both the occasions and the proceeds amounting to £40. Capt. Young-husband, the special correspondent of the London Times, who was for some time on duty in India, paid a visit to Durban. The Indian side of the Indian question in South Africa was placed before him and all the documents were supplied to him. Messrs Dada Abdulla & Co., entertained him to dinner at the Congress Hall and invited the leading Indians. He has devoted a special chapter to our question in his book on South Africa and, while favouring the attitude taken up by the Europeans, places the Indian side of the question pretty fairly.

Congress was not behind-hand in connection with the Diamond Jubilee festivities. An address carved on a silver plate in the shape of a heart mounted on a plush and framed in Natal yellow wood was presented to Her Majesty on behalf of the Indians in Natal. A deputation consisting of our leading members specially waited on His Excellency the Governor for the presentation of the Address. An Address similarly worded was sent from the Transvaal Indians also. Under the auspices of the N.I.E. Association the Diamond Jubilee Library was opened on the Jubilee Day by Mr. Waller, the then Magistrate of Durban. The Mayor, Mr. Laughton, Mr. Osborn, the Librarian of the Durban Library, Dr. Booth and a few other Europeans attended the opening ceremony. Letters of sympathy were received from those who were unable to attend, among them being the Hon. Mr. Jameson and the Deputy Mayor, Mr. Collins. The Congress Hall was brilliantly lighted for the occasion. The credit for the success of the opening ceremony and the decorations is entirely due to the efforts of Mr. Bryan Gabriel, though it is but fair to mention that during the last portion of the decorations he was assisted by other workers also. It is painful to have to report that the library has not been as successful in its career as was its opening. The attendance has been nil. The expenses of the library were subscribed for by the members of the Educational Association and an equivalent amount had been voted by the Congress.

During all this time, between June of 1896 and that of 1897, as has been said above, Mr. Adamji Miankhan held the post of the Hon. Secretary. It was now time for him to go to India. He, therefore, handed over his charge to the Hon. Secretary. A special meeting of the Congress was held to consider the advisability of doing some honour to Mr. Adamji Miankhan to mark its appreciation of Mr. Adamji’s services during the trying times. While all the members recognized the self-sacrifice, the zeal and the ability and tact with which Mr. Adamji worked for the Congress, opinion was divided as to whether or not an Address should be presented to Mr. Adamji. After some discussion the resolution to present him with an Address was carried by a narrow majority, but the opposition was so strong that the majority decided not to proceed with the Address as it was considered that in such matters unanimity of opinion was necessary. And Mr. Adamji Miankhan left for India unthanked and unhonoured.

This is one of the slips committed by the Congress and shows that we are but a human institution liable to err as any other. The Hon. Secretary as such held a party at his house in honour of Mr. Adamji. Printed invitations were issued and all leading Indians attended. Laudatory speeches were made to which Mr. Adamji gave a suitable reply. The President, the Hon. Secretary and other members saw Mr. Adamji off at the Point. Mr. Adamji Miankhan has proved worthy of the responsibility that was placed upon him by the Congress. During his tenure he convened the meetings regularly, collected the rents properly and kept a very accurate account of all that was spent. He undoubtedly seems to have cultivated good relations with members of the Congress generally. Above all, the one quality that is needed in the holder of that post more than any other, namely, calmness of mind under all the irritation from within and without and the ability to put up with the different dispositions of the members, he displayed in abundance. The Jubilee Address might never have been sent but for the care and anxiety with which he worked in order to have it ready in time. Mr. Adamji has shown that the Congress can go on and its work can be properly done by local men.

When it was announced in the papers, two months prior to the day of celebration of the Diamond Jubilee, that Mr. Chamberlain would take advantage of the occasion to meet the Premiers of the different Colonies and discuss with them certain questions affecting the British Empire, among them being included the Indian question, it was thought advisable to send somebody to London with a view of watching the Indian interests. Mr. M. H. Nazar of the firm of Nazar Bros. of London, a member of the Stockholm Oriental Congress and nephew of the late Justice Nanabhai Haridas, who had come to Natal in the December of 1896 and who had rendered splendid help to the community during the Demonstration crisis, was unanimously selected as the delegate and he went duly authorized to England. Mr. Nazar went to England without any remuneration being paid for his services.

The Congress was to pay his out-of-pocket expenses only. He remained in London in connection with the work beyond the expected time on the advice of the gentlemen whom he was specially requested to consult in everything he did and whose advice he was to be guided by. He received much support from our sympathizers in London. He was able to move the East India Association on our behalf and that influential body has forwarded a powerful memorial to Lord George Hamilton and has also sent a communication to the Indian Government directly. Mr. Nazar holds letters of sympathy for our cause from several distinguished Englishmen, and Sir M. M. Bhownaggree in a letter addressed to us speaks very highly of his work In this connection, the extraordinary self-sacrifice made by the Colonial-born Indians and the subscription raised at a single evening’s sitting to the extent of over £35 amongst themselves, numbering about fifteen poorly paid youngmen who have never extended their horizon beyond South Africa, cannot but be mentioned. Mr. C. Stephen laid aside his silver watch and all he had in his pocket, and his example, to their credit, was followed by the others present at the meeting, and the Nazar Fund Committee were able next day to cable him £75.

About the end of last year, the Durban Town Council passed certain Ricksha regulations, one of which prevented Indians from owning or holding licenses for rickshas. A protest^[75] was at once drawn up, signed by the leading Indians and forwarded to the Governor. Copy of the protest was sent to the Town Council which at once decided to take off the prohibition. Soon after the Immigration Restriction Act came into operation, seventy-five Indians were arrested wholesale in Dundee on the alleged ground that they were prohibited immigrants. Ultimately they were discharged. Last January, the Licensing Officer appointed by the Newcastle Town Council, in virtue of the Dealers’ Licenses At above referred to, declined to issue licenses to any of the Indians. On appeal, the Town Council granted six licenses and refused three. The matter was taken before the Supreme Court and Mr. Laughton, the appellant’s counsel, ably argued that the jurisdiction of the Supreme Court, even on the merits of the case, was not ousted by the Act. The court however, decided against the appellant, His Lordship, the Chief Justice, dissenting. The Congress has taken the matter up and an appeal has been lodged in the Privy Council— Mr. Asquith the leading counsel has been retained in the case. The result is likely to be known in November.^[76]

The question as to whether vendors without any shop are required to take it a retail licence was raised and the case was taken to the Supreme Court in the name of one Moosa, a vegetable dealer, and that court has decided that no licence is required to be taken out by such vendors. This matter was brought before the Congress by the vegetable vendors and it was taken up, a member promising to pay the out-of-pocket expenses. The case was won, but the disbursements have not yet been paid by him and they will be a charge on the Congress. In the month of March, an illuminated address was presented to Mr. G. V. Godfrey for his being the first Indian to have passed the Civil Service examination of the Colony.^[77] Special subscriptions were raised for the purpose and a special committee was formed. In this connection, it ought to be mentioned that Mr. Godfrey Senior has set an example which otherparents may follow with much profit. Himself by no means a particularly educated man, he had made it his sole aim to bring up his children in a suitable manner and to provide for them the best education. He sent his eldest son to Calcutta and gave him a University training there. He (the eldest son) is now gone to Glasgow and is studying for medicine.

About 20,000 pamphlets, copies of memorials and letters, have been written and have been distributed during the years under review.

Presidents

In the month of August 1898, Mr. Abdul Karim Hajee Adam Zaveri, having occupied the Congress chair ever since his brother’s departure in 1896, with much credit to himself and to the universal satisfaction of the members, sent in his resignation. He was requested to reconsider his decision but he said he could not, and Mr. Cassim Jeewa was elected in his place. He occupied the chair till the March of this year and then resigned as he wanted to leave the Colony. Mr. Abdul Kadir was unanimously elected in his place and still holds the position of the head of the community. It is sad to record that Mr. Cassim Jeewa was drowned last May while on his way from Calcutta to Rangoon. Much sympathy was shown to his bereaved father, and the Congress authorised the President to send him a letter of condolence.

Visitors

Dr. Mehta, a graduate and gold medalist of the Grant Medical College^[78] and Barrister-at-Law of the Middle Temple, London, and sometime Chief Medical Officer of the Idar State, paid a visit to Durban. He was well received by the community and feted by the prominent members.

Mr. Rustomjee’s generosity has provided Congress with linoleum worth £22-10-1, a costly brass-plate Congress board, lamps and other knick-knacks.

MISCELLANEOUS

During the early part of Mr. Abdul Karim’s tenure of office, the institution of fines for late attendance at the Congress meetings was founded. Many members paid five shillings for each late attendance. It has now fallen into/disuse, and so much have we fallen back from our first love that now it is difficult to form even a quorum at the Congress meetings before 9 p.m., that is, one and a half hours after the appointed time. It was due to the special exertions of Mr. Abdul Karim that it was decided that every merchant should pay a farthing on every packet he imported, four packets of salt being counted as one. Nearly £195 have been thus received by theCongress, but the sum does not even represent one-tenth of what would be received if every merchant paid up the amount due by him to the Congress on his account.

It will be recollected that tickets were issued in order to enable the workers to collect small donations without the necessity of writing out receipts. The plan has proved almost a failure except that Mr. Madanjit brought from the Stanger district about £10.

INDIAN HOSPITAL

The Congress members raised a subscription in aid of the Indian hospital established in the year 1898 by the exertions of Dr. Lilian Robinson under the advice, help and control of Dr. Booth, and guaranteed to pay £160 or £6-13-4 per month for two years in lieu of rent. The hospital was formally opened on the 14th day of Sept. 1898.

The outlook at present is gloomy so far as the internal work of the Congress is concerned. Members do not possess half the enthusiasm that was displayed in 1895 and 1896. Subscriptions in all the outlying districts have become considerably overdue. It would, however, be hardly fair to attribute this apparent neglect of the Congress work to wilful apathy on the part of the members. The Indian community have passed and have been passing not only through serious political troubles but have also, with the other communities, severely suffered from those of the war.^[79] These two combined have naturally given rise to despair but it is hoped that the despair is only temporary and that, after a calm survey of the situation, which is not without its bright spots, as will have appeared from the foregoing, the old enthusiasm will revive with redoubled force.

The Congress rules need to be recast and it appears necessary now to be strict in observing them. So far, those that have not paid up their subscriptions have been allowed to be considered as members and to have a say in Congress matters. This practice is very undesirable.

The Test Case as to the interpretation of the Transvaal Law with reference to the Asiatics has been tried.^[80] Our fellow brothers in the South African Republic engaged the services of the best counsel and spared no pains, but the judges, with Justice Jorrisen dissenting, have decided against us. It is too soon yet to forecast the result of the decision. Messrs. Jeremiah Lyon & Co., of London have taken up the cause of the Indians in Rhodesia. They are doing the work zealously and hope to be successful. They have distributed circular letters and papers amongst the leading merchants in Durban.

Sabarmati Sangrahalaya: S. N. 209

43↑  This is a draft report containing several corrections in Gandhiji’s handwriting. No other copy of the report is available. The report was written in instalments at different times and completed after October 11, 1899, the date of the outbreak of the Boer War, to which reference is made in “The second Report of the Natal Indian Congress”, 11-10-1899, infra

44↑  Vide “Memorial to J. Chamberlain”, 11-8-1895.

45↑ This is not available.

46↑ The reference is to the anti-Indian demonstration on the landing Of Gandhiji and his Indian follow-passengers in Durban on January 13, 1897. Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897.

47↑ Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897, et seq.

48↑ Vide “Letter to The Natal Mercury”, 15-9-1895.

49↑ ibid .

50↑ Vide “Letter to James Godfrey”, 3-6-1902 and Letter to Nazar and Khan”, 3-6-1902.

51↑ Vide “Letter to The Natal Advertiser”, 23-9-1895 to “The Indian Franchise”, 16-12-1895.

52↑ This is not available.

53↑ Vide “Letter to The Natal Mercury”, 3-2-1896.

54↑ Land sites.

55↑ Vide “Letter to The Natal Mercury”, 3-2-1896.

56↑ Vide ”The British Indian Association and Lord Milner”, 11-6-1903.

57↑ The reference is to the British Committee of the Indian National Congress in London.

58↑ It did not make a specific reference to the Indians.

59↑ Vide “Memorial to Natal Legislative Assembly”, 27-4-1896.

60↑ Vide “Memorial to J. Chamberlain”, 22-5-1896.

61↑ The petition was submitted to the Legislative Assembly. “Memorial to Natal Legislative Assembly”, 27-4-1896.

62↑ Vide “Memorial to J. Chamberlain”, 22-5-1896.

63↑ Vide ”Speech at Public Meeting, Bombay”, 26-9-1896.

64↑ ibid.

65↑  Vide “The New Move”, 25-6-1903.

66↑ Vide “The Grievances of the British Indians in South Africa: An Appeal to the Indian Public”, 14-8-1896, to “Speech at Public Meeting, Bombay”, 26-9-1896.

67↑ Vide “Speech at Meeting, Madras”, 26-10-1896.

68↑ The other speaker was Prof. A. S. Sathe.

69↑ The ship sailed from Bombay on November 30. Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897.

70↑ Vide“Memorial to Secretary of State for the Colonies”, 15-3-1897.

71↑ Vide “Indian Position in New Colonies”, 16-3-1903 and “Letter to Colonial Secretary”, 25-4-1903.

72↑ Vide “Petition to Transvaal Governor”, 8-6-1903.

73↑ Vide “Memorial to Secretary of State for the Colonies”, 15-3-1897.

74↑ The Natal Indian Educational ,Association formed in 1894.

75↑ This document is not available.

76↑ The Privy Council decision was adverse. Vide “Indian Traders in Rhodesia”, 11-3-1899, enclosure, supra.

77↑ Vide “Address to G. V. Godfrey”, dated prior to March 18, 1898.

78↑ This is one of the Medical Colleges of Bombay.

79↑ The reference is to the Boer War.

80↑ Vide “Letter to the British Agent”, 28-2-1898 and “Telegram to the Viceroy of India”, 19-8-1898, supra.

Relief to Indian Refugees (14-10-1899)

DURBAN,^[82]
October 14, 1899

SIR,

About a month ago, in forwarding a copy of the communication to His Honour the British Agent at Pretoria, on behalf of British Indians in the Transvaal, it was my painful duty to comment^[83] somewhat bitterly on the refusal of the Natal Government to afford relief to the Indian refugees from Johannesburg. The Immigration Restriction Act prohibits the entry of those that have not been formerly domiciled in Natal and do not know any of the European languages. The Government have passed certain rules under the Act whereby temporary permission to Indian visitors may be given on a deposit by the applicants of Ten Pounds each. The Government were asked to suspend the deposit during the tension. Yielding to—there is reason to believe— pressure from the British Agent, they graciously suspended the deposit. Another difficulty cropped up in the meantime. Most of the refugees from Johannesburg availed themselves of the railway between that place and Durban, but during the past few days that communication has been cut off, and the refugees have to go to Delagoa Bay and thence to Durban. Europeans have been coming from Delagoa Bay in thousands but as the shipping companies, in response to circulars from the Government, have not been taking any Indian passengers, they would not in this instance also. The Government were, therefore, approached for relief in the matter and they have been pleased to notify to the shipping companies that they may bring the Indian refugees from Delagoa Bay, on condition that they should take out temporary passes on their landing. It was considered that it was due to the Natal Government that this fact also should be as prominently brought to your notice as their refusal. We once again feel that, though in Natal, yet we are British subjects, and that in time of danger the enchanting phrase has not after all lost any of its charm. The attitude the Natal Government have now taken up during the crisis is the silver lining to the dark cloud that is hanging over our heads in Natal as well as other parts of South Africa. We only trust that the fellow-feeling that has guided the Natal Government in its treatment of the Indians during the crisis would be continued, even after it is over, and that British subjects of all nationalities will be allowed to remain, as they ought to be, in harmony and peace. Though no native Indian troops have landed in Durban, the Indians attached to the troops from India have not failed to extort the suppressed admiration of the Europeans.

I remain,
yours obediently,
M. K. GANDHI

The comments referred to were the following:

“The Transvaal is being cleared of its population as fast as possible, no less than 26,000 persons having left during the last few days. The prominent members of the Uitlander Council, the Editors of the English newspapers in Johannesburg have also left. The largest houses in Johannesburg have suspended their businesses and sent away their clerks and books beyond the border. If the Indians think of leaving the Transvaal at such a time, it cannot be wondered at. They naturally cannot go to Delagoa Bay, because of its malarial climate, nor could they go to the Cape in any large numbers because of the great distance and the consequent heavy charges and the small Indian population there. There are no public homes for them. They have to depend upon the help of private friends whom they can find only in Natal. They have approached the Natal Government with a view to obtain suspension of the Immigration Restriction Act during the crisis. The reply received during the week was that the Government had no power to do so under the Act. This is hardly correct, and in reply to a ther communication they say, “in the enforcement or non-enforcement of the Immigration Restriction Act, the Government will be influenced by considerations of humanity, and will not seek in the event of hostilities breaking out to exercise its powers unreasonably or oppressively.” This is good so far as it goes, but it does not give the relief that is required. To leave after the actual hostilities commence may be impossible. The Government have been further approached, and it remains to be seen what they will do. I write this to show how awful our position is in South Africa. To find that British subjects cannot find shelter from danger on a British soil is truly heart-rending. The Natal Government would seem to have done their best, if they could, to shake the faith of the poor Indians in British justice, and in the enchanting power of the phrase “British subjects”. Happily, they do not represent the whole of the British Empire. Strange as it may appear, a cablegram today announces that, in reply to repeated representations from Natal, the imperial Government have ordered the despatch of 10,000 troops from India for the protection of Natal which refuses to give temporary shelter to the Indians from the Transvaal, to guard against which, the above troops are intended. Comment is superfluous.”

From the photostat of an original printed copy: S. N. 3299.

82↑ This is a circular letter addressed to some select persons to whom had been sent earlier, a special letter (not now available) forwarding Gandhiji’s “Letter to the British Agent”, July 21, 1899, containing the bitter comments referred to. The general circular letter was of September 16, 1899.

83↑ Vide the following page.

Congress Resolution on Refugees (16-10-1899)

DURBAN,^[84]
October 16, 1899

It is resolved that the Natal Indian Congress tenders its best thanks to the Government for having graciously afforded facilities to the British Indian refugees from the Transvaal, now in Delagoa Bay, for coming to Natal and remaining in the Colony during the present crisis.

That the President be requested to forward a copy of the above Resolution to the Natal Government for their information.

(Sd.) ABDUL CAADIR

Colonial Office Records: South Africa, General, 1899.

84↑  This was forwarded to London by the Governor of Natal.

The Indian Offer (19-10-1899)

[DURBAN,]
October 19, 1899
TO
THE HONOURABLE THE COLONIAL SECRETARY
MARITZBURG

SIR,

About 100 English-speaking Indians of Durban met together at a few hours’ notice on the 17th inst. to consider the desirability of unreservedly and unconditionally offering their services to the Government or the Imperial authorities in connection with the hostilities now pending between the Imperial Government and the two Republics in South Africa.

As a result, I have the honour to enclose herewith a list containing the names of a portion of those that have offered their services unconditionally. These have been subjected by Dr. Prince to a rigorous examination.

He will examine the remaining volunteers tomorrow, when about ten are expected to pass the test. But, as time is of consequence, it was proposed to forward. the incomplete list.^[85]

The services are offered by the applicants without pay. It is open to the authorities to accept the services of all, or so many as they may consider fit or necessary.

We do not know how to handle arms. It is not our fault; it is perhaps our misfortune that we cannot, but it may be there are other duties no less important to be performed on the battlefield and, no matter of what description they may be, we would consider it a privilege to be called upon to perform them and would be ready to respond to the call at any time appointed by the Government. If an unflinching devotion to duty and extreme eagerness to serve our Sovereign can make us of any use on the field of battle, we trust we would not fail. It may be that, if in no other direction, we might render some service in connection with the field hospitals or the commissariat.

The motive underlying this humble offer is to endeavour to prove that, in common with other subjects of the Queen-Empress in South Africa, the Indians, too, are ready to do duty for their Sovereign on the battlefield. The offer is meant to be an earnest of the Indian loyalty.

The number we are able to place at the disposal of the Authorities may appear to be small; but it probably represents twenty-five per cent of the adult Indian males in Durban that have received a tolerably good English education.

The mercantile portion of the Indian community, too, have loyally come forward, and if they cannot offer their services on the battlefield, they have contributed towards the maintenance of the dependants of those volunteers whose circumstances would render support necessary.

I venture to trust that our prayer would be granted, a favour for which the petitioners will be ever grateful and which would, in my humble opinion; be a link to bind closer still the different parts of the mighty empire of which we are so proud.^[86]

I have the honour to be,

Sir,
your obedient servant
M. K. GANDHI

LIST OF NAMES OF INDIAN VOLUNTEERS WHO HAVE OFFERED THEIR
SERVICES TO THE NATAL GOVERNMENT OR THE
IMPERIAL AUTHORITIES.

Gandhi, M. K.; Paul, H. L.; Peters, A. H.; Khan, R. K.; Dhanjisha, P.; Cooper, P. C.; Godfrey, J. W.; Baghwan, R.; Peter, P.; Dhunde, N. P.; Lawrence, V.; Gabriel, L.; Harry, G. D.; Govindoo, R.; Shadrack, S.; Ramtahal; Home, J. D.; Nazar, M. H.; Naidoo, P. K.; Singh, K.; Richards, S. N.; Lutchman Panday, M. S.; Royeppen, J.; Christopher, J.; Stevens, C.; Roberts, J. L.; Jappie, H. J.; Done, J. S.; Gabriel, B.; Royeppen, M.; Lazarus, F.; Moodley, R.

From the photostats of a typed office copy, a rough pencil draft in Gandhiji’s own hand, S. N. 3301-2, and The Natal Mercury, dated 25-10-1899.

^[85] Vide the following page.

^[86]In the course of his reply, dated October 23, the Principal Under Secretary informed Gandhiji that “the Government is deeply impressed with the offer of Her Majesty’s loyal Indian, subjects in Durban who have offered their service’s ... and should the occasion arise; the Government will be glad to avail itself of those services. Will you be good enough to convey to the Indians in question an expression of the Government’s appreciation of their loyal offer.”

The Indians in South Africa (27-10-1899)

I see that my last contribution in connection with the education of the Indians in Natal 2 has attracted some attention in India and England. I said in it that, unless the Home and the Indian Governments gave more attention than hitherto to the Indian question in South Africa, the effacement of the community in this country was a matter of time. The more I observe, the firmer I become in this conviction. It may not be inappropriate when the battle is raging fiercely between the British army and the Boers to review shortly the position—I was going to say, the most wretched position—the Indians in the Transvaal occupied during the exodus that took place some time ago from that country. During the first stages of the panic, the Uitlanders3 left Johannesburg by thousands daily. The Indians, however, remained unmoved. Later, the prominent members of the Uitlander Council left. Mr. Moneypenny, the editor of the Star and correspondent of the Times, and Mr. Hull, a well-known solicitor and leading member of the Council, had to effect their escape in disguise. Mr. Pakeman of the Leader was arrested on a charge of high treason, and the atmosphere was thick with the rumour that leaders of the movement would be taken in custody as hostages by the Transvaal Government. Naturally, with the Europeans the poor Indians were also frightened, and they, too, were anxious to leave the Rand for a place of safety. Where could they go? Not to Cape Colony, which is far, and where there is a very sparse Indian population; not to Delagoa Bay, the hot-bed of malaria, devoid of sanitation and overcrowded. The only place they could go to was Natal. The Immigration Restriction Act of that Colony, which prohibits the immigration of lunatics, criminals, prostitutes, paupers, or those that do not know any of the European languages, unless the last have been formerly domiciled in Natal—whatever that phrase may mean—was, however, in the way. Mr. Chamberlain has said that the Act applies to all, irrespective of colour or race distinctions, and, therefore, it is not such as could be objected to. But it does not, therefore, at all follow that the European criminals, desperadoes and prostitutes, of whom Johannesburg may be said to have a fair number, could not go to Natal. Not only was the Colony open to them, but special arrangements were made for their reception—relief committees were formed, and everything that could be done to make them comfortable in their distress was naturally and justly done by the people of this Colony.

The Indians alone could not and must not come. They appealed to the Government with a view to obtain some relief. They suggested suspension of a portion of the stringent rules passed under the above Act, and asked that they might be allowed to stop in Natal during the crisis. The Natal Government at first refused point-blank to grant relief. Then they said that, in the event of war breaking out, they would be guided by considerations of humanity. The Indians had approached the British Consul at Johannesburg also, who, it must be said, rose to the occasion, and very forcibly placed the Imperial view of the question before the proper authorities, which brought about the desired relief.

In order to understand thoroughly the ridiculous and un-British position taken up by Natal, it is necessary to know something of the rules referred to above. At the time of introducing the Immigration Bill, the Natal Ministers said that they did not in any way intend to inconvenience the Indians who had already settled in the Colony. As soon, however, as the Bill became law, the Government went out of their way to send notices to the various shipping companies, informing them of the punishment that awaited them if they brought Indian passengers. This was naturally taken by them to mean that they were not to bring any Indian passengers. In view of this, it was evidently necessary that those Indians who were entitled to enter the Colony under the Act should be given some relief. The Government, therefore, introduced what are called “certificates of domicile”, which were granted to those on whose behalf proof could be produced that they were before domiciled in the Colony. It may be mentioned here that the interpretation of the term “domicile” has been narrowed down as much as possible; so that now, practically, an Indian who wants such a certificate must produce two affidavits to the effect that he was in the Colony doing some permanent business for a term of at least two years—a limitation for which there seems to be absolutely no warrant in the Act itself. These certificates are granted on a fee of half-a-crown to the Treasury; but the reader will easily imagine that the poor Indian, who has got to prove that he is exempt from the operation of the Act, has not only to pay the half-crown, but also the lawyers who would draw up the affidavits, etc.

This facility, if it may be so called, enabled only previously-domiciled Indians to obtain a passage for Natal. What, however, were the friends, relations, or customers of the Indians in Natal to do who wanted to visit the Colony temporarily, and, therefore, not to immigrate? Such temporary permission was absolutely necessary for the convenience of the Indian settlers. A few applications were made to the Government on behalf of those who wanted to come to Natal on urgent business from other parts of South Africa, and permission was granted after some difficulty on security to the extent of £50 and upwards being lodged for the due return of the applicants. Complaints were frequent and loud about the harassing delay that took place in obtaining such permission, and the prohibitive security required. Applications were made for some systematic relief, and, over one year after the passing of the Act, rules were framed by the Government which, instead of giving the desired satisfaction, caused intense disappointment. A fee of £l was instituted for the first time, for each permit which was granted, on a deposit by the applicant of £25 if he wanted to pass through Durban, say from Johannesburg, on his way to India, and of £10 if he wanted to make a sojourn of a period not exceeding six weeks in Natal. Thus, a poor Indian from Johannesburg wishing to embark at Durban for India was obliged to find not only £25 for deposit, but to pay £l to the Government; whereas he would have to pay only at times two guineas, and at the most five guineas, for a deck passage. Petition after petition was made to the Government protesting against the imposition of the fee and the distinction between the deposits for embarkation-passes and visitors’ passes. The Government, however, said that the fee of £l was necessary because the passes were a concession, and threw a lot of work on its hands, and that a higher deposit was insisted upon for embarkation-passes as the Government undertook to buy a passage out of the deposit for the holders—a favour which the holders never asked for, and never appreciated. The petitioners, on the other hand, contended that the granting of such passes was an absolute necessity, caused entirely through the strictness with which the Immigration Restriction Act was administered. They said that the Act prohibited the immigration—that is to say, the entry for permanent settlement, and not the entry for a temporary sojourn; and, therefore, respectfully declined to regard the institution of passes as a concession.

It was not, however, until such pressure was brought to bear on the Government, and a petition to the Home authorities in the matter was threatened in their memorial with respect to the Dealers’ Licenses Act, that the Government yielded and withdrew the imposition of the £1 fee and reduced the deposit of £25 for embarkation-passes to £10. So that, when the Indians in the Transvaal appealed for relief, the system of £10 deposit for each visitor or the embarkation-pass was in vogue. (Thus, a storekeeper who has, say, five assistants, would not only have to leave all his stock behind him, to make arrangements for maintenance during the prolonged struggle—without any prospects of business—and find sufficient money for travelling and sundry expenses, but also to have £60 to deposit before he could leave the Transvaal during the panic—a thing which may be practically impossible to do under the severe stress.) It is worthy of note that these passes—though they are, it must be admitted, granted on application without any difficulty—are issuable at the option of the officers appointed to issue them. The Indians in question merely asked for suspension of the £10 deposit, and to be allowed to enter and remain in Natal only during the crisis. The cold reply that the Government first returned came as a shock not only to the Indians but to many fair-minded Englishmen also, in Johannesburg. I know that the British Vice-Consul was very indignant. The Standard and Diggers’ News, the Boer organ, in a scathing article, had a laugh at the expense of Natal in thisconnection and, not without some truth, pointed out the inconsistency of the imperial Government in coercing the Transvaal to do justice to the Uitlanders while allowing Natal to do as it liked to the British Indians. To the Indians, for the time being, “British subjects” became an empty phrase. That British Indians at such a time of peril could not find shelter on British soil passed their comprehension, and they did not know what to do and where to go. Recent events prove that the Indians’ misgivings were perfectly correct, and those of your readers who have followed the stirring events in this Continent are by this time aware of the harrowing difficulties which those who put off to the last moment flying out of the Transvaal had to go through. The British Vice-Consul at Johannesburg came to the rescue. He sent a strong despatch to the British Agent at Pretoria, who, in turn, telegraphed to the High Commissioner, and a timely “recommendation” from him brought the Natal Government to their senses, and the deposit of £10 was suspended. It is to be hoped that the suspension will become permanent, and if the present war brings about, as seems not unlikely, a better feeling on the part of the European British subjects towards their Indian fellow-subjects, it will have served one good purpose.

It is only due to the Natal Government to mention that they have, since the salutary recommendation from Sir Alfred Milner, been uniformly careful in not discriminating against the Indians. When the passenger traffic between Johannesburg and Durban stopped, the refugees had to come via Delagoa Bay. The Europeans came in without let or hindrance to Durban. These had to be housed, and fed by the Government or the Relief Committees; but the steamship companies, in view of the notice above referred to, would not venture to take Indian refugees, not one of whom has sought the Government’s, or the Relief Committee’s, aid. The Government were requested to supplement the suspension of the deposit by advising the steamship companies to take Indian passengers, which they did promptly enough. It may not be amiss to give a few instances of the hardships the notice to the companies and the institution of certificates of domicile have caused. As I said in a previous communication, the bubonic plague has come in very useful. The severe Quarantine Act of Natal renders it very risky for any steamer from India to take Indian passengers; consequently, for months past, the steamship companies in Bombay, so it appears, have been absolutely refusing to book passengers for Natal. The loss and inconvenience that have bee n. caused, particularly to Indian merchants, owing to the inability of their partners or servants to secure a passage for Natal, are serious. The Government have been often approached to grant relief, but they have sheltered themselves under the statement that they could not give any assurance to the steamship companies, but that they would treat every arrival from the Indian ports on its own merits. The Delagoa Bay authorities have unfortunately caught the bubonic fever craze, and, yielding to the hysterical cry in Natal, have of late returned steamers with Indian passengers back without landing even cargo. They have no prejudice; but because people in the neighbouring Colonies have been shouting that the sanitation there is rotten, and supervision of cases of infectious diseases more so, they have been managing things in a most high-handed manner. The s.s. Kanzler brought a large number of Indian passengers a fortnight ago from Bombay. She was ordered to return. In the meantime, an Indian gentleman, who had his clerk on board, approached Portuguese authorities and induced them to let his clerk land—to bring whom, it is said, the Government tug was specially sent! This is, indeed, humorous—only, it is also very distressing. It shows the Portuguese freedom from bias against the Indians, and it also shows that in the presence of weakness they would commit an injustice.

Such is the unfortunate lot of the poor Indian in South Africa, mainly due to the anti-Indian policy of Natal. But for the Immigration Restriction Act and the Quarantine Act (which, also, in reality is an anti-Indian Act), the wholesale return of steamers bringing Indian passengers, without regard to what that may mean to the Indians, would have been an impossibility. It seems to me, however, that the situation is by no means hopeless. Natal, apart from the Indian question, has undoubtedly risen to the occasion during the present crisis; so much so that Mr. Chamberlain, in his great speech, lately, paid a well-deserved tribute to the Colony. The Volunteers have been fighting the Imperial cause unflinchingly. The Ministers have given their entire support to the Imperial Government. Newcastle, Charlestown and Dundee, principal towns in the Colony, had to be entirely evacuated on the shortest notice; and the British, including, of course, the British Indians, merchants and others, realised the position and, leaving all their belongings, vacated those places with quiet resignation. All this shows intense attachment to the Throne. If only, therefore, the European Colonists could be induced to see that their attachment would be incomplete unless justice was done to the Indians, they would not fail to respond. There is no mistaking the sign of the wave of Imperial unity. The present war is entirely in the interests of the Uitlanders, whose sufferings may be said to fade into insignificance when compared with those of the Indians. The Volunteers who have gone to the front to fight for the Queen’s cause are mostly those who took the most prominent part in the now notorious anti-Indian demonstration of 1897 in Durban. Some local English-speaking Indians met together a few days ago, and decided that because they were British subjects, and as such demanded rights, they ought to forget their domestic differences, and irrespective of their opinion on the justice of the war, render some service, no matter how humble, on the battlefield during the crisis, even if it were to act as bearers of the wounded in the Volunteer camp. Most of these plucky youths are clerks, and well brought up, and by no means inured to a hard life. They have offered their services without pay, unconditionally, to the Government or the Imperial authorities, stating that they do not know how to handle arms, andthat they would consider it a privilege if they could perform some duty, even menial, on the battlefield. The Indian merchants have come forward to support the families of those who may need help. The Government have returned a very courteous reply, saying that, should occasion arise, they would avail themselves of the services offered.

It strikes me that neither the Indian public nor the steamship companies have taken the trouble to study the Immigration Restriction Act; for, notwithstanding the Government notice above referred to, there is no reason for the companies to decline to take Indian passengers altogether. They can safely take such as can read and write English fairly well, and there should be no hesitation in taking any Indian passengers who would give them an undertaking, depositing money, if necessary, to the effect that, if they are not allowed to land in Natal, they would at their own expense return or disembark at the next port of call. . Our great companies should either themselves give such facilities as are in their power to poor Indian passengers, or should be made to do so by our public bodies, such as the Chambers of Commerce, within whose province such matters lie specially. I trust they will give sympathetic consideration to the suggestion offered.

The Times of India (Weekly edition), 9-12-1899

Letter to W. Palmer (Post 13-11-1899)

DEAR MR. PALMER,

I thank you very much for your kind note which is a surprise to me. I would, if it is possible, like to know the names of the ladies who went to collect and of the ‘Arabs’ who declined to assist.

It is just possible the men did not know the ladies or the true aim of the fund.

Before the Indians offered their services to the Imperial authorities for active service on the battlefield, I went over to Mr. Jameson and asked him whether it was advisable to make the offer. He seemed disinclined to advise it owing to the inability of the volunteers to handle arms, but suggested a contribution to the fund referred to in your note. Ever since, I have been thinking of inducing the leading Indians to make a small collection. But, as you know, the offer has been made, one of the conditions of which is to support the families of the volunteers during active service. The fund started for this purpose and the terrible strain thousands of Indian refugees haveput upon the purse of the Indian merchants have rendered it necessary for the merchants to discriminate in subscribing to various funds.

However, I am awaiting an opportunity of drawing more generally the attention of the Indians to the fund in question.

Please assure the self-sacrificing ladies that no Indian could have declined to assist from want of sympathy. We are all fired by one spirit, viz., the imperial, and we all know what sacrifice volunteers and those they have left behind have committed. The existence-it be so— of a few selfish persons need not, in my humble opinion, cause us to think uncharitably of the whole class to which they may belong. And, after all, the Coolies are as much Indians as Arabs.

From the photostat of the office copy: S. N. 3323.