VOL. 4 : 23 MAY, 1904 - 4 NOVEMBER, 1905
1
1. LETTER TO M. M. BHOWNAGGREE
1
25 & 26 C
OURT
C
HAMBERS
,R
ISSIK
S
TREET
,J
OHANNESBURG
,
May 23, 1904
T
O
S
IR
M
ANCHERJEE
B
HOWNAGGREE
, M.P.196 C
ROMWELL
R
OAD
L
ONDON
,
E
NGLAND
DEAR SIR,
His Excellency the Lieutenant-Governor, Sir Arthur Lawley,while passing through Heidelberg, in reply to an Indian deputationwhich presented His Excellency last week with an address,
2
said ineffect that the liberty of the Indian to trade unrestricted in virtue of the decision in the test case will not be tolerated and that Mr. Lytteltonhas already been approached with a view to sanctioning legislation inthe desired direction.The position of the Indian as defined in Law 3 of 1885 as ame-nded in 1886 and interpreted in the light of the test case is this:(1) An Indian can immigrate into the Colony without restric-tion.(2) He can trade anywhere he likes in the Colony. Locationsmay be set apart for him but the law cannot force him toreside only in Locations, as there is no sanction providedin the law for it.(3) He cannot become a burgher.(4) He cannot own landed property except in Locations.(5) He must pay a registration fee of £3 on entering theColony.With the exception, therefore, of the prohibition as to holdinglanded property, even in virtue of the above law the condition of theIndian is now not altogether precarious.Freedom to immigrate, however, has been almost absolutelytaken away by making what is, after all, an unjust use of the Peace
1
A copy of the letter was forwarded to the Colonial Office by Bhownaggree.
India
, in its issue of 1-7-1904, published the text as from its correspondent.
2
Vide
“Address to Lieutenant-Governor” May 18, 1904.
2
THE COLLECTED WORKS OF MAHATMA GANDHI
Preservation Ordinance which was passed to restrict rebels and otherdisloyal people but not law-abiding British subjects.In what form it is now intended to introduce legislation, it isdifficult to say, but seeing that before it can even be introduced Mr.Lyttelton’s consent is necessary, I trust that you will approach himand discuss the question with him, for, after he has given his sanctionto a prticular course, it would be very difficult to get redress.What I venture to suggest is that the law 3 of 1885 should beentirely repealed as also the town regulations regarding foot-paths andother laws specially disqualifying Asiatics; that an Immigration Act onthe Cape lines should be introduced but so as not to taboo, in theeducational test the Indian languages and; [that] a Dealers’ LicensesAct should be introduced on the Natal lines provided that the right of appeal to the Supreme Court be granted against decisions of the localauthorities on licensing applications and provided that the existinglicenses are not touched by it except in so far as the shops may not bein accordance with sanitary or ornamental requirements.Thus, the great bogey of immigration will be set at rest once andfor all, and there would be no question of undue competition in trade.The local authorities will be able to regulate the number of licenses.All that the Indians claim is that they should have the right,under the general laws of the Colony and so long as they conform toWestern requirements, to trade and to hold landed property and toenjoy other rights of citizenship.I would also remind you that Lord Milner has committedhimself to some such legislation and not legislation specially disqu-alifying British Indians, and also that British Indians of education orstanding should be entirely exempted from any restrictive legislation.
Colonial Office Records: C.O. 291, Volume 78, IndividualsB.
2. BRITISH INDIANS IN THE TRANSVAAL
The British Indians at Heidelberg did well in presenting a loyaladdress to His Excellency the Lieutenant-Governor of the Transvaal,and in doing so to draw His Excellency’s attention to the recentlydecided test case. It drew from His Excellency an important prono-uncement on Government policy. The answer given by Sir ArthurLawley to the deputation was elaborated in his speech at Volksrust atthe banquet given in his honour by the people of Volksrust. His
VOL. 4 : 23 MAY, 1904 - 4 NOVEMBER, 1905
3Excellency paid a well-deserved compliment to the loyalty of theIndian people and their industrious habits. Dealing with the[ir] statusin the Transvaal, His Excellency was very guarded. He said thatnothing could be done by the Government until sanction was receivedfrom the Colonial Secretary. But he had no hesitation in saying thathe sympathised very much with the desire of the white inhabitants notto be nonplussed by the Asiatic traders, and he promised the Volksrustpeople that he would do his best to further the desire of his fellow-countrymen, though the promise was qualified by statement that theGovernment would have to act with strict justice; that it would have toprotect vested interests and accurately define the position of those whoare already settled in the Colony, and would also have to state whatdisqualifications those who might enter the country in future wouldlabour under. All this is eminently satisfactory. Anything would bewelcome to replace the present uncertainty, and if a just interpretationis given to the term “vested interests”, those who are already carryingon business in the Transvaal need not have any anxiety. Unfortu-nately, however, the past does not inspire hope for the future. The ill-fated Asiatics Traders’ Commission has made it clear as to what theGovernment means by “vested interests.” It would only respect thetrade of those British Indians who were actually carrying on tradeoutside Locations in the Transvaal “at, and immediately before, theoutbreak of war”. We know what this means, and we know how theCommissioners interpreted the expression. It would only protect adozen Asiatics who, leaving their trade intact at the time of war, wentaway from the country owing to fear. And if such is the interpretationto be placed upon the term “vested interests”, in the expressive wordsof the Chief Justice of the Transvaal, the Government would again betaking away with the other hand what it professed to give with the onehand. The danger has been foreshadowed by His Excellency himself in stating that the Government would protect the trade of BritishIndians only during the lifetime of the present licence-holders. Aman engaged in trade knows what this means. Certainty is veryessential in all commercial transactions and seeing that life is veryfickle, would there be merchants found who would give any creditwhatsoever to British Indian traders when the law informs them thatthe traders who ask for credit have no security of tenure, and that ontheir deaths their businesses would be abruptly closed? How such adoctrine can be reconciled with strict justice which His Excellencywould dole out to the Indians, it is difficult to understand. We have,therefore, reluctantly to take the intentions of the Government to dojustice with a great deal of reserve and caution. Nor do the opinionsHis Excellency has formed regarding the effect of Indian trade on the
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