THE COLLECTED WORKS OF MAHATMA GANDHI VOLUME THREE THE PUBLICATIONS DIVISION THE COLLECTED WORKS OF MAHATMA GANDHI III (1898-1903) THE COLLECTED WORKS OF MAHATMA GANDHI III (1898-1903) [LOGO] THE PUBLICATIONS DIVISION MINISTRY OF INFORMATION AND BROADCASTING GOVERNMENT OF INDIA April 1960 (Chaitra 1882) 2nd Reprunted March 1992 (Phalguna 1913) © Navajivan Trust, Ahmedabad, 1960 Rs. 25.00 COPYRIGHT By kind permission of Navajivan Trust, Ahmedabad PRINTED IN INDIA PUBLISHED BY THE DIRECTOR, THE PUBLICATIONS DIVISION, NEW DELHI AND REPRINTED AT AKASHDEEP PRINTERS, 20 ANSARI ROAD NEW DELHI-110002 PREFACE The years 1898-1903 which Gandhiji spent in South Africa, except for a year (1909-1902) when he was in India, were a period of intense activity in the cause of Indians in South Africa. They were significant both in his personal and public life. He felt a growing urge at this time to simplify the manner of his life and to do come concrete act of service to his fellow-men. He served in the Durban Indian Hospital as a lay assistant, giving an hour or two daily to this work which brought him into close touch with indentured Indians. He also developed a special interest in the nursing and care of children. The Year 1898 saw Gandhiji devoting greater efforts to building up the embership and the funds of the Natal Indian Congress. When the Boer War broke out in 1899, he organized an Indian Ambulance Corps and placed its services at the disposal of the Natal Government. He was then proud of his British citizenship and anxious to disprove the charge, frequently levelled against the Indians in South Africa, that they were mere self-seekers and money-grabbers. The services which he and the rest of the Corps rendered during the six weeks at the front, often in the line of fire, won warm praise from all quarters. Later, in a speech in Calcutta, Gandhiji recalls the rich experience gained by him at the front. Comparing its perfect order and holy stillness to those of a Trappist monastery, he says: "Tommy was then altogether lovable. . . .Like Arjun, they went to the battlefield, because it was their duty. And how many proud, rude, savage spirits has it not broken into gentle creatures of God?" In October 1901, Gandhiji considered that his work in South Africa had come to an end and decided to leave for India. His country-men there expressed their admiration and affection for him by presenting him with addresses and costly gifts. These latter, however, Gandhiji deposited in a bank, constituting a trust for the utilization of the funds for public work in South Africa. It was with difficulty, and only after giving a promise to return if his services were required, that Gandhiji was able to leave for India. Back home, Gandhiji attended the Calcutta session of the Indian National Congress and moved the resolution on South Africa. He addressed public meetings about the condition of Indians in that country and met many prominent Indian leaders. He became specially attached to Gokhale, with whom he stayed for a month in Calcutta. Returning to Rajkot, he tried to set up legal practice, but met with initial difficulties. His concern over South African developments expressed itself in frequent communications to the Press in India. He maintained a close and continuous touch with his co-workers in South Africa, who were asked to keep him posted with developments in the South African situation. When there was a threat of plague in Rajkot, he worked as the Secretary of the Volunteer plague Committee. Shortly after, he proceeded to Bombay and addressed himself to the task of building up a professional career. In November 1902, his countrymen in South Africa urged him to return, as the visit of Mr. Chamberlain, the Secretary of State for the Colonies, demanded his presence. Talking of the uncertainties of his life at this time, Gandhiji expressed his faith in God as Truth as the one thing certain in this world, adding: "One would be blessed if one could catch a glimpse of that certainty and hitch one's waggon to it. The quest for that Truth is the summum bonum of life" (Autobiography, Part III, Chapter XXIII). His return to South Africa was for him a part of that quest. Arriving in Durban in late December, he found that the old Boer laws against Indians in the Transvaal were being applied by the new Asiatic Department with unprecedented rigour. He led a deputation to Chamberlain and represented to him the legal disabilities of Indians in South Africa. The dismal prospects for Indians in South Africa led him to postpone his return home to India, and instead to settle down in Johannesburg. Enrolling himself in the Transvaal Supreme Court, he resumed active work on various fronts for the redress of the grievances of Indians. In a letter to Gokhale, he spoke of the growing tempo of the movement there: "The struggle is far more intense than I expected." His personal life at this time passed through a new phase of introspection. As in his earlier sojourn in South Africa it was the Christian influence, now it was the Theosophical influence that stimulated his religious quest and led him again to a serious study of Hindu religious literature. He memorized the Gita, which had become for him an "infallible guide of conduct", "a dictionary of daily reference". His appreciation of aparigraha made him cancel the only insurance policy he ever took out in life, an act of rare faith. His resolve that thenceforth his savings would only be utilized for public work brought about a serious misunderstanding between him and his elder brother, Lakshmidas, which was cleared only before the latter' death. The outbreak of plague in Johannesburg provided him a further occasion for public service. With characteristic indifference to the risk involved, he, along with a small band of co-workers, nursed the patients till the Municipal authorities made arrangements for their treatment. The evacuation of indentured Indians from the Indian Location to a camp of tents at the Klipspruit Farm imposed on Gandhiji the task of daily attendance at their camp to put new heart into them in the midst of their privations. A letter about the plague outbreak which he addressed to the Press at this time brought him into touch with two Europeans, who were later to become intimate friends and associates: Rev. Joseph Doke and Henry Polak. It also drew closer to him Albert West, whom he had just begun to know. The movement of South African Indians gained new strength when, inspired by Gandhiji, Indian Opinion commenced publication in Durban in June, 1903. The Indian community found in it an organ for "voicing its feelings and specially devoted to its cause". It is both interesting and necessary to understand Gandhiji's responsibility for Indian Opinion, though the paper never carried his name as Editor. This is what he has himself said about the weekly in the Autobiography: I had to bear the brunt of the work, having for most of the time to be practically in charge of the journal. Not that Sjt. Mansukhlal [Nazar, its first editor, ] could not carry it on. . . . He would never venture to write on intricate South African problems so long as I was there. He had the greatest confidence in my discernment, and therefore threw on me the responsibility of attending to the editorial columns. . . though I was not avowedly the editor of Indian Opinion, I was virtually responsible for its conduct. Then Gandhiji gives us assessment of the significance of Indian Opinion: So long as it was under my control, the changes in the journal were indicative of changes in my life. Indian Opinion in those days, like Young India and Navajivan today, was a mirror of part of my life. Week after week I poured out my soul in its columns, and expounded the principles and practice of Satyagraha as I understood it. During ten years, that is, until 1914, excepting the intervals of my enforced rest in prison, there was hardly an issue of Indian Opinion without an article from me. I cannot recall a word in those articles set down without an article from me. I cannot recall a word in those articles set down without thought or deliberation, or a word of conscious exaggeration, or anything merely to please. Indeed, the journal became for me a training in self-restraint, and for friends, a medium through which to keep in touch with my thoughts. . . . . In the very first month of Indian Opinion, I realized that the sole aim of journalism should be service (Autobiography, Part IV, Chapter XIII). The problems of Indians in South Africa and the manner in which Gandhiji tackled them during this period followed the pattern of the preceding years. Fresh anti-Indian laws or reactionary amendments to existing ones, based on racial discrimination, continued to be passed or enforced, and they had to be opposed. These laws affected traders' licences, immigration, Locations and Bazaars, indentured labour, permits and franchise. On all these matters, which touched the economic and social life of the Indian population in South Africa, Gandhiji followed his then usual practice of making representations to such authorities as the Town Councils, the Permits Office, the Immigration Department, the Asiatic Department, the local Legislatures, the Governor, the High Commissioner and the Colonial Office. On larger issues of policy that fell within the scope of the Imperial Government, he addressed petitions or led a deputation to the Secretary of State for the Colonies. On occasion, when he desired the intervention of the Indian Government, he carried matters to the Viceroy. The second front on which Gandhiji continued to wage a struggle for the redress of Indian grievances was the local Press to which he addressed letters and gave interviews. When he spoke at meetings and, more particularly when he had Indian Opinion as a mouthpiece, he exhorted his countrymen to turn the searchlight inwards, to reform and improve themselves, and so strengthen their case for justice and fairplay. To friends and the friends and the friendly Press in India and England, he sent frequent reports, dispatches and statements on developments in the situation in South Africa. This was the general rule of Gandhiji's public work. When the Dealers' Licenses of 1897 was passed, Gandhiji, towards the end of 1898, presented to Chamberlain a well-documented memorial bringing out its adverse effects on Indian trade. He personally appeared in two outstanding cases of refusal of licence?those of Somnath Maharaj and Dada Osman?but failed in both. Apart from frequent representations to the authorities, Gandhiji wrote numerous articles in the columns of Indian Opinion, criticizing the licensing policy in the South African Colonies. He commented on Chamberlain's unwillingness "to protest against the Colonial policy in South Africa, even when it has been a clear departure from British traditions" (10-9-1903). The abuse of the Dealers' Licenses Act, in the six years following its enactment and particularly after the British annexation of the Transvaal and the Orange River Colony, led him to see "probably only the beginning of another struggle for existence on the part of the British Indians in Natal". Immigration was another major problem which the Indians faced. Some comparatively lesser restrictions like the embarkation passes and visitors' fees levied on Indians, Gandhiji was able to get cancelled or modified on representation. But serious restrictions were often imposed on Indian immigrants through amendment of the existing immigration laws. The immigration laws of the Cape Colony were comparatively liberal and Gandhiji was prepared to accept similar legislation in Natal. The segregation policy of the Transvaal Government which took the form of a determined attempt to confine Indians to Locations and Bazaars presented another grave problem to the Indians. The judgment of the Transvaal Supreme Court, ruling that the Government had power under Law 3 of 1885 to compel Indians to live and trade in Locations, was a matter which greatly agitated Gandhiji and formed the subject of a series of representations addressed to the authorities, to British friends and to India in England and also to the Viceroy and the Indian National Congress. These representations, in addition to those to Chamberlain and the British Agent at Johannesburg, find a place in this Volume. A petition by Europeans (April, 1903) instances how Gandhiji mobilized sane European opposition to the Locations Notice. When the Mayor of Durban called for the tightening up of the Natal legislation against Indian traders on the lines of the Transvaal Locations law and the Bazaar Notice, Gandhiji condemned the move as "a premature effort to introduce into Natal the repugnant old laws temporarily revived in the Transvaal" (Indian Opinion, 4-6-1903). Gandhiji adversely commented on a similar measure in the Cape Colony, but, at the same time, appealed to Indians in the Colony to avoid overcrowding and insanitation (Indian Opinion, 16-7-1903). The mass of indentured Indian labourers continued to suffer from various handicaps and restrictions. Gandhiji declared that there should be no immigration of indentured labourers against the wishes of the Europeans, but that no scheme of indenture with a compulsory repatriation clause should be accepted (Indian Opinion, 6-8-1903). Again, when the mining magnates of the Transvaal proposed to import 200,000 Chinese labourers, Gandhiji opposed the move on humanitarian grounds and demanded that the white race in South Africa should not permit the degeneration of the Chinese under inhuman conditions such as their segregation to Compounds (Indian Opinion, 24-9-1903). Restrictions on franchise were a constant factor of the Indian situation in South Africa. When the Transvaal Government sought an amendment of the Draft Ordinance for Elective Municipal Councils to disqualify Indians as voters, Gandhiji petitioned the Legislative Council (June 10, 1903), protesting against this discrimination on the basis of colour. Apart from these major issues which confronted Indians in South Africa, Gandhiji dealt with many secondary matters like the poll-tax on the children of indentured Indians, the prohibition on Indian riksha-haulers, police excesses on the Indian traders in Heidelberg, and white mob fury against Indian traders in Umtali. The outstanding characteristic of Gandhiji's utterances and writings during this period, whether public or private, was his continuing faith in the British Constitution, his appreciation of the privileges of British citizenship and his trust in the Empire as a family of nations. The congratulations he sent to the Queen on her successive birthdays, the memorial meetings he organized on her passing away, the repeated references in his letters and petitions to the personal liberty and equal citizenship rights of British subjects, the frequent invocations of the Queen's Proclamation of 1858, the offer and role of the Indian Ambulance Corps in the Boer War?all these were inspired by the Empire sentiment. "What was wanted in South Africa was not a white man's country", he said in his farewell speech in October 1901, "not a white brotherhood, but an Imperial brotherhood". It was only towards the latter half of 1903 that events led him to begin to doubt British bona fides. But the change of technique from patient petitioning to passive resistance and militant satyagraha was yet to come. ACKNOWLEDGMENTS For material in this Volume we are indebted to the Gandhi Smarak Nidhi, the National Archives and the A.I.C.C. Library, new Delhi; the Navajivan Trust and the Navajivan Trust and the Sabarmati Asharm Preservation and Memorial Trust, Ahmedabad; the Sevagram Sangraha, Wardha; the Colonial Office Library and the India Office Library, London; the Pretoria and Pietermaritzburg Archives, and the Durban Town Council, South Africa; the Servants of India Society, Poona; Shri Chhaganlal Gandhi, Shri D. G. Tendulkar and the publishers of Mahatma; Shri Prabhudas Gandhi and the publishers of My Childhood with Gandhiji; and Shri B. Bucktowar-singh of Mauritius; and the following newspapers and journals: The Englishman, India, Le Radical, The Standard, The Times of India, The Vegetarian and The Voice of India. For research and reference facilities, we owe thanks to the Gujarat Vidyapith Granthalaya and Gujarat Samachar office, Ahmedabad; the Asiactic Library and the offices of The Bombay Chronicle, The Times of India, Mumbai Samachar and the Gujarati Press, Bombay; the National Library and the office of the Amrita Bazar Patrika, Calcutta; the Parliament Library and the Indian Council of World Affairs Library, New Delhi; and the British Museum Library, London. NOTE TO THE READER The present Volume, like the previous two, contains many petitions and memorials which, though signed by others, were undoubtedly drafted by Gandhiji. While the reasons for attributing their authorship to Gandhiji have been given at some length in Volume I (pp. xvii-xxi), a later document reproduced in this Volume (p. 269) states categorically that Gandhiji "prepared most of the representations submitted to the Colonial Office" during the years 1894-1901. Included in this Volume are Gandhiji's unsigned writings in Indian Opinion which were identified as his by Shri Chhaganlal Gandhi and the late Mr. H. S. L. Polak. Both of them were his associates in Indian Opinion and other work in South Africa, and they assisted the Editors during 1956-57. Apart from Gandhiji's general testimony offered in his auto-biographical writings as to his contributions to Indian Opinion, due consideration has been given also to conclusive evidence, wherever available, supporting or contradicting his authorship of specific items. Also included are translations from the Gujarati section of the weekly which have been attributed on reliable grounds to Gandhiji's pen. The Volume carries a number of letters and other documents based on unsigned office copies which are extant in original or in photostat. In case a document carries several signatures, only the prominent ones have been given. Some documents drawn up by Gandhiji as a lawyer, such as briefs for counsel in litigation involving discriminatory laws and practices, have been included along with some purely professional legal documents by way of illustrative interest. In reproducing material, effort has been made to keep strictly to the original. Obvious typographical errors have been corrected and words abbreviated in the text have generally been spelt out in full. The date of a piece of writing, other than a newspaper or periodical article, or of a speech, is given uniformly at the top right-hand corner in the position customary for dating letters, even if, in a few cases in the original, it was given at the end. Where no date was given in the original, an approximate one is given in square brackets, and wherever necessary, reasons are stated for our inference. The date given at the end is that of publication. In the case of personal letters, the addressee's name is given uniformly at the top left. The source from which an item has been obtained is given at the end. Variant spellings of a name have been reproduced as in the original; for instance, Mancherji Bhownaggree, Wacha, Wadia. Also certain words, like licence and license, despatch and dispatch, and practice and practise, have been retained exactly as in the original. All matter in italics introducing the text and in footnotes, as also matter within square brackets in the text, is supplied by the Editors. Round brackets in the text are as in the original. Where in the original, passages have been quoted by Gandhiji from other sources or, sometimes, his own writings, statements or reports, these have been given in small type in indented paragraphs. Most of the information which is considered helpful to the reader in understanding the text, as well as the glossary, has been given in the footnotes. Reference in footnotes to items published elsewhere in the Volume state the title of the item and the date of its origin or of publication, as the case may be. References, wherever they occur, are to the August 1958 edition of Volume I, and to the 1959 edition of Volume II. References to the Autobiography are to The Story of My Experiments with Truth by M. K. Gandhi, Navajivan Publishing House, Ahmedabad, and cite only the relative Part and Chapter in view of variant pagination in different editions. The Volume carries a Chronology relating to the period covered and a brief note on sources. The symbol SN, given before the numbers of the photostats cited in the source, stands for the serial number of documents available in the Sabarmati Sangrahalaya, Ahmedabad, photostats of which are preserved in the Gandhi Smarak Sangrahalaya, New Delhi. Similarly, the symbol GN refers to documents available in the National Archives, New Delhi. The symbol CW stands for documents secured by The Collected Works of Mahatma Gandhi, the photostats of which are preserved in the National Archives, New Delhi. As to the abbreviations sometimes given in the sources, "C.S.O." stands for "Colonial Secretary's Office", "C.O." for "Colonial Office", and "Lt. G." or "L.G." for " Lieutenant-Governor". The current Volume is presented in a size larger than the preceding two with a view to giving the reader more material in each Volume and reducing the number of Volumes in the series. CONTENTS PAGE PREFACE v ACKNOWLEDGEMENTS ... xi NOTE TO THE READER ... xiii 1. LETTER TO THE BRITISH AGENT (28-2-1898) ... 1 2. THE SOMNATH MAHARAJ CASE (2-3-1898) ... 2 3. APPLICATION FOR REFUND OF FINE (9-3-1898) ... 5 4. ADDRESS TO G. V. GODFREY (Prior to 18-3-1898) ... 6 5. LETTER TO G. V. GODFREY (Prior to 18-3-1898) ... 7 6. A STATEMENT OF ACCOUNT (25-3-1898) ... 7 7. NOTES ON THE TEST CASE (Prior to 4-4-1898) ... 8 8. NOTES ON THE TEST CASE (4-4-1898) ... 10 9. LETTER TO COLONIAL SECRETARY (21-7-1898) ... 13 10. TELEGRAM TO THE VICEROY OF INDIA (19-8-1898) ... 13 11. PETITION TO INDIAN NATIONAL CONGRESS (22-8-1898) ... 14 12. LETTER TO LORD HAMILTON (25-8-1898) ... 16 13. TELEGRAM TO M. BHOWNAGGREE (30-8-1898) ... 16 14. TELEGRAM TO "INDIA" (30-8-1898) ... 17 15. DADA OSMAN'S CASE (14-9-1898) ... 17 16. NOTICE FOR A CONGRESS MEETING (15-9-1898) ... 21 17. TELEGRAM TO COLONIAL SECRETARY (3-11-1898) ... 22 18. PETITION TO INDIAN NATIONAL CONGRESS (28-11-1898) ... 22 19. TELEGRAM TO "INDIA" (5-12-1898) ... 24 20. BRIEF FOR COUNSEL'S OPINION (22-12-1898) ... 24 21. PETITION TO CHAMBERLAIN (31-12-1898) ... 26 22. COVERING LETTER TO PETITION (11-1-1899) ... 50 23. LETTER TO D. B. SHUKLA (17-1-1899) ... 50 24. TO PRESS AND PUBLIC MEN IN INDIA (21-1-1899) ... 51 25. MEMORIAL TO LORD CURZON (27-1-1899) ... 52 26. LETTER TO COLONIAL SECRETARY (20-2-1899) ... 53 27. LETTER TO COLONIAL SECRETARY (28-2-1899) ... 54 28. TELEGRAM TO COLONIAL SECRETARY (28-2-1899) ... 54 29. LETTER TO COLONIAL SECRETARY (1-3-1899) ... 55 30. LETTER TO THE TOWN COUNCIL (Prior to 8-3-1899) ... 55 31. INDIAN TRADERS IN RHODESIA (11-3-1899) ... 56 32. THE PLAGUE PANIC IN SOUTH AFRICA (20-3-1899) ... 58 33. LETTER TO COLONIAL SECRETARY (22-3-1899) ... 62 34. MEMORIAL TO CHAMBERLAIN (16-5-1899) ... 63 35. INDIANS IN THE TRANSVAAL (17-5-1899) ... 68 36. LETTER TO COLONIAL SECRETARY (18-5-1899) ... 72 37. LETTER TO COLONIAL SECRETARY (19-5-1899) ... 74 38. CABLE TO QUEEN ON HER BIRTHDAY (19-5-1899) ... 74 39. PETITION TO CHAMBERLAIN (Prior to 27-5-1899) ... 75 40. LETTER TO W. WEDDERBURN (27-5-1899) ... 77 41. LETTER TO COLONIAL SECRETARY (29-5-1899) ... 78 42. TELEGRAM TO COLONIAL SECRETARY (30-6-1899) ... 79 43. ADDRESS TO RETIRING MAGISTRATE (5-7-1899) ... 79 44. LETTER TO COLONIAL SECRETARY (6-7-1899) ... 80 45. THE INDIAN QUESTION IN SOUTH AFRICA (12-7-1899) ... 82 46. LETTER TO COLONIAL SECRETARY (13-7-1899) ... 86 47. LETTER TO BRITISH AGENT (21-7-1899) ... 86 48. INTERVIEW TO THE "STAR" (Prior to 27-7-1899) ... 90 49. PETITION TO NATAL GOVERNOR (31-7-1899) ... 91 50. WIRE TO COLONIAL SECRETARY (9-9-1899) ... 95 51. A CIRCULAR LETTER (16-9-1899) ... 96 52. THE SECOND REPORT OF THE NATAL INDIAN CONGRESS (Post 11-10-1899) ... 96 53. RELIEF TO INDIAN REFUGEES (14-10-1899) ... 111 54. CONGRESS RESOLUTION ON REFUGEES (16-10-1899) ... 113 55. THE INDIAN OFFER (19-10-1899) ... 113 56. THE INDIANS IN SOUTH AFRICA (27-10-1899) ... 115 57. LETTER TO W. PALMER (Post 13-11-1899) ... 120 58. CONGRIBUTIONS TO THE DURBAN FUND (17-11-1899) ... 121 59. INDIAN TRADERS IN NATAL (18-11-1899) ... 121 60. LETTER TO W. PALMER (24-11-1899) ... 126 61. WIRE TO COLONIAL SECRETARY (2-12-1899) ... 126 62. WIRE TO COLONIAL SECRETARY (4-12-1899) ... 127 63. LETTER TO BISHOP BAYNES OF NATAL (Prior to ... 127 11-12-1899) 64. WIRE TO PRAGJEE BHIMBHAI (11-12-1899) ... 128 65. WIRE TO COLONIAL SECRETARY (11-12-1899) ... 128 66. INDIAN AMBULANCE CORPS (13-12-1899) ... 129 67. LETTER TO DONNOLLY (Post 13-12-1899) ... 130 68. LETTER TO P. F. CLARENCE (27-12-1899) ... 130 69. STATEMENT OF ACCOUNT (Post 27-12-1899) ... 132 70. TELEGRAM TO COL. GALLWEY (Prior to 7-1-1899) ... 133 71. THE AMBULANCE CORPS (30-1-1990) ... 133 72. LETTER TO COLONIAL SECRETARY (22-2-1900) ... 134 73. TELEGRAM TO COLONIAL SECRETARY (1-3-1900) ... 135 74. ON THE DEATH OF W. W. HUNTER (8-3-1900) ... 135 75. INVITATION TO PUBLIC MEETING (10-3-1900) ... 135 76. CONGRATULATIONS TO BRITISH GENERALS (14-3-1900) ... 136 77. INDIAN AMBULANCE CORPS IN NATAL (Post 14-3-1900) ... 137 78. LETTER TO COLONIAL SECRETARY (17-3-1900) ... 142 79. CONGRATULATIONS TO BRITISH GENERALS (Prior to ... 142 26-31900 80. THE INDIAN HOSPITAL (11-4-1900) ... 144 81. AN APPEAL FOR FUNDS (11-4-1900) ... 145 82. INDIAN AMBULANCE CORPS (18-4-1900) ... 146 83. LETTER TO LEADERS OF AMBULANCE CORPS (20-4-1900) ... 147 84. LETTER TO STRETCHER-BEARERS (24-4-1900) ... 148 85. LETTER TO COLONIAL SECRETARY (21-5-1900) ... 149 86. LETTER TO COLONIAL SECRETARY (11-6-1900) ... 149 87. TELEGRAM TO GOVERNOR'S SECRETARY (26-7-1900) ... 150 88. THE INDIAN FAMINE (30-7-1900) ... 150 89. LETTER TO COLONIAL SECRETARY (31-7-1900) ... 151 90. LETTER TO COLONIAL SECRETARY (31-7-1900) .. 153 91. LETTER TO COLONIAL SECRETARY (2-8-1900) ... 153 92. TELEGRAM TO GOVERNOR'S SECRETARY (4-8-1900) ... 154 93. LETTER TO COLONIAL SECRETARY (11-8-1900) ... 155 94. LETTER TO COLONIAL SECRETARY (13-8-1900) ... 155 95. LETTER TO COLONIAL SECRETARY (14-8-1900) ... 156 96. LETTER TO COLONIAL SECRETARY (18-8-1900) ... 156 97. LETTER TO COLONIAL SECRETARY (30-8-1900) ... 157 98. LETTER TO COLONIAL SECRETARY (3-9-1900) ... 158 99. NOTES (Post 3-9-1900) ... 159 100. LETTER TO TOWN CLERK (24-9-1900) ... 159 101. LETTER TO DADABHAI NAOROJI (8-10-1900) ... 165 102. LETTER TO COLONIAL SECRETARY (26-10-1900) ... 167 103. LETTER TO COLONIAL SECRETARY (8-11-1900) ... 169 104. TELEGRAM TO GOVERNOR'S SECRETARY (30-11-1900) ... 169 105. TELEGRAM TO "GOOL" (6-12-1900) ... 170 106. SPEECH AT INDIAN SCHOOL (21-12-1900) ... 170 107. PETITION TO NATAL GOVERNOR (Prior to 24-12-1900) ... 171 108. LETTER TO PROTECTOR OF IMMIGRANTS (16-1-1901) ... 171 109. QUEEN VICTORIA'S DEATH (23-1-1901) ... 173 110. MOURNING THE QUEEN'S DEATH (1-2-1901) ... 173 111. MOURNING THE QUEEN'S DEATH (1-2-1901) ... 174 112. TRIBUTE TO QUEEN VICTORIA (2-2-1901) ... 174 113. TELEGRAM TO TAYOB (5-2-1901) ... 175 114. TELEGRAM TO TAYOB (6-2-1901) ... 175 115. TELEGRAM TO TAYOB (9-2-1901) ... 176 116. THE FAMINE FUND (16-2-1901) ... 176 117. TELEGRAM TO COLONIAL SECRETARY (7-3-1901) ... 177 118. TELEGRAM TO COLONIAL SECRETARY (8-3-1901) ... 178 119. TO HEADS OF INDIAN SCHOOLS (19-3-1901) ... 178 120. TELEGRAM TO HIGH COMMISSIONER (25-3-1901) ... 179 121. TELEGRAM REGARDING PERMITS (25-3-1901) ... 179 122. LETTER TO COLONIAL SECRETARY (30-3-1901) ... 180 123. LETTER TO COLONIAL SECRETARY (30-3-1901) ... 181 124. TELEGRAM REGARDING PERMITS (16-4-1901) ... 182 125. LETTER TO COLONIAL SECRETARY (18-4-1901) ... 182 126. LETTER TO COLONIAL SECRETARY (18-4-1901) ... 183 127. A CIRCULAR LETTER (20-4-1901) ... 183 128. ADDRESS TO EX-GOVERNOR OF BOMBAY (20-4-1901) ... 186 129. INDIAN PERMITS (27-4-1901) ... 186 130. LETTER TO COLONIAL SECRETARY (30-4-1901) ... 186 131. LETTER TO BOMBAY GOVERNMENT (4-5-1901) ... 189 132. PETITION TO MILITARY GOVERNOR (9-5-1901) ... 180 133. LETTER TO EAST INDIA ASSOCIATION (18-5-1901) ... 190 134. TELEGRAM REGARDING PERMITS (21-5-1901) ... 191 135. LETTER REGARDING PERMITS (21-5-1901) ... 191 136. TELEGRAM TO TAYOB (21-5-1901) ... 192 137. LETTER TO REVASHANKAR ZAVERI (21-5-1901) ... 193 138. LETTER TO COLONIAL SECRETARY (21-5-19010 ... 194 139. TELEGRAM TO TAYOB (1-6-1901) ... 194 140. JOINT ACTION FOR PERMITS (1-6-1901) .... 195 141. OFFICE NOTE REGARDING A CHEQUE (2-6-1901) ... 196 142. TELEGRAM REGARDING PERMITS (14-6-1901) ... 196 143. TELEGRAM REGARDING PERMITS (20-6-1901) ... 196 144. LETTER TO M. M. BHOWNAGGREE (22-6-1901) ... 197 145. SPEECH AT INDIAN SCHOOL (Prior to 28-6-1901) ... 198 146. TELEGRAM REGARDING PERMITS (2-7-1901) ... 199 147. TELEGRAM TO COLONIAL SECRETARY (26-7-1901) ... 199 148. TELEGRAM TO HENRY BALE (8-8-1901) ... 200 149. TELEGRAM TO C. BIRD (8-8-1901) ... 201 150. ADDRESS TO ROYAL VISITORS (13-8-1901) ... 202 151. INDIANS AND THE DUKE (21-8-1901) ... 203 152. INDIAN OR COOLIE ? (11-9-1901) ... 203 153. LETTER TO TOWN CLERK (17-9-1901) ... 203 154. BALANCE SHEET OF NATAL INDIAN CONGRESS ( ?-9-1901) ... 204 155. STATEMENT FOR COUNSEL'S OPINION (2-10-1901) ... 205 156. LETTER TO COLONIAL SECRETARY (8-10-1901) ... 206 157. SPEECH AT FAREWELL MEETING (15-10-1901) ... 207 158. TELEGRAM TO COLONIAL SECRETARY (18-10-1901) ... 208 159. LETTER TO PARSEE RUSTOMJEE (18-10-1901) ... 208 160. LETTER TO COLONIAL SECRETARY (18-10-1901) ... 209 161. ADDRESS TO LORD MILNER (18-10-1901) ... 210 162. SPEECH IN MAURITIUS (13-11-1901) ... 210 163. APPEAL FOR DEPUTATION TO VICEROY (19-12-1901) ... 211 164. SPEECH AT CALCUTTA CONGRESS (27-12-1901) ... 213 165. SPEECH AT CALCUTTA MEETING (19-1-1902) ... 216 166. LETTER TO CHHAGANLAL GANDHI (23-1-1902) ... 217 167. LETTER TO D. B. SHUKLA (25-1-1902) ... 218 168. SPEECH AT CALCUTTA MEETING (27-1-1902) ... 219 169. LETTER TO G. K. GOKHALE (30-1-1902) ... 224 170. LETTER TO G. K. GOKAHLE (2-2-1902) ... 225 171. LETTER TO P. B. DESAI (26-2-1902) ... 225 172. LETTER TO DEVKARAN MULJI (Post 26-2-1902) ... 226 173. LETTER TO PARSEE RUSTOMJEE (1-3-1902) ... 226 174. LETTER TO G. K. GOKHALE (4-3-1902) ... 228 175. LETTER TO POLICE COMMISSIONER (12-3-1902) ... 230 176. LETTER TO W. S. CAINE (26-3-1902) ... 230 177. NOTES ON THE INDIAN POSITION (27-3-1902) ... 232 178. LETTER TO G. K. GOKHALE (27-3-1902) ... 234 179. COVERING LETTER FOR THE "NOTES" (30-3-1902) ... 235 180. LETTER TO M. M. BHOWNAGGREE (30-3-1902) ... 235 181. LETTER TO KHAN AND NAZAR (31-3-1902) ... 236 182. LETTER TO MAURICE (31-3-1902) ... 237 183. LETTER TO G. K. GOKHALE (8-4-1902) ... 238 184. LETTER TO G. K. GOKHALE (16-4-1902) ... 238 185. INDIANS IN SOUTH AFRICA (22-4-1902) ... 238 186. LETTER TO G. K. GOKHALE (22-4-1902) ... 241 187. LETTER TO J. ROBINSON (27-4-1902) ... 241 188. LETTER TO G. K. GOHALE (1-5-1902) ... 242 189. NOTES ON THE INDIAN QUESTION (6-5-1902) ... 243 190. LETTER TO ABDULKADAR (7-5-1902) ... 246 191. INDIANS IN NATAL (10-5-1902) ... 247 192. LETTER TO DINSHAW WACHHA (18-5-1902) ... 248 193. LETTER TO EAST INDIA ASSOCIATION (18-5-1902) ... 249 194. LETTER TO M. M. BHOWNAGGREE (18-5-1902) ... 249 195. INDIANS IN NATAL (20-5-1902) ... 250 196. INDIA AND NATAL (31-5-1902) ... 252 197. LETTER TO JAMES GODFREY (Prior to 3-6-1902) ... 254 198. LETTER TO NAZAR AND KHAN (3-6-1902) ... 255 199. LETTER TO MADANJIT (3-6-1902) ... 256 200. MEMORIAL TO LORD HAMILTON (5-6-1902) ... 257 201. LETTER TO MEHTA (Prior to 30-6-1902) ... 259 202. LETTER TO D .B. SHUKLA (Post 11-7-1902) ... 260 203. LETTER TO G. K. GOKHALE (1-8-1902) ... 260 204. LETTER TO DEVCHAND PAREKH (6-8-1902) ... 261 205. LETTER TO D. B. SHUKLA (3-11-1902) ... 262 206. LETTER TO D. B. SHUKLA (8-11-1902) ... 263 207. LETTER TO G. K. GOKHALE (14-11-1902) ... 264 208. DEPUTATION TO CHAMBERLAIN (25-12-1902) ... 264 209. PETITION TO CHAMBERLAIN (27-12-1902) ... 265 210. LETTER TO COLONIAL SECRETARY (2-1-1903) ... 269 211. LETTER TO THE TRANSVAAL GOVERNOR (6-1-1903) ... 270 212. ADDRESS TO CHAMBERLAIN (7-1-1903) ... 271 213. PETITION TO LORD CURZON (?- 1-1903) ... 275 214. LETTER TO DADABHAI NAOROJI (30-1-1903) ... 277 215. LETTER TO CHHAGANLAL GANDHI (5-2-1903) ... 278 216. LETTER TO COLONIAL SECRETARY (18-2-1903) ... 279 217. THE INDIAN QUESTION (23-2-1903) ... 280 218. LETTER TO G. K. GOKHALE (23-2-1903) ... 282 219. INDIAN POSITION IN NEW COLONIES (16-3-1903) ... 283 220. LETTER TO "THE VEGETARIAN" (Post 21-3-1903) ... 286 221. LETTER TO W. WEDDERBURN (22-3-1903) ... 287 222. LETTER TO DADABHAI NAOROJI (30-3-1903) ... 287 223. POSITION OF INDIANS IN THE TRANSVAAL (30-3-1903) ... 288 224. INDIANS IN THE TRANSVAAL (6-4-1903) ... 289 225. BRITISH INDIANS IN SOUTH AFRICA (12-4-1903) ... 290 226. LETTER TO COLONIAL SECRETARY (25-4-1903) ... 293 227. TREATMENT OF INDIANS (27-4-1903) ... 294 228. LETTER TO LIEUTENANT-GOVERNOR (1-5-1903) ... 295 229. CABLE TO "INDIA" (9-5-1903) ... 297 230. NOTES ON THE POSITION (9-5-1903) ... 298 231. LETTER TO DADABHAI NAOROJI (10-5-1903) ... 299 232. LETTER TO G. K. GOKHALE (10-5-1903) ... 300 233. NOTES (16-5-1903) ... 301 234. THE BRITISH INDIAN ASSOCIATION AND LORD MILNER ... 301 (11-6-1903) 235. POSITION IN THE TRANSVAAL (24-5-1903) ... 309 236. LETTER TO DADABHAI NAOROJI (24-5-1903) ... 311 237. NOTES (31-5-1903) ... 311 238. LETTER TO DADABHAI NAOROJI (31-5-1903) ... 312 239. OURSELVES (4-6-1903) ... 313 240. THE BRITISH INDIAN IN SOUTH AFRICA (4-6-1903) ... 314 241. IS IT FAIR ? (4-6-1903) ... 316 242. VIRTUOUS INCONSISTENCY (4-6-1903) ... 316 243. BETTER LATE THAN NEVER (4-6-1903) ... 317 244. WORDS AND DEEDS (4-6-1903) ... 318 245. MINUTE BY THE MAYOR (4-6-1903) ... 318 246. TELEGRAM TO INDIAN NATIONAL CONGRESS (6-6-1903) ... 320 247. POSITION IN THE TRANSVAAL (6-6-1903) ... 321 248. PETITION TO TRANSVAAL GOVERNOR (8-6-1903) ... 322 249. PETITION TO NATAL LEGISLATURE (10-6-1903) ... 331 250. THE BRITISH INDIAN IN SOUTH AFRICA (11-6-1903) ... 333 251. THE LION AND THE LAMB (11-6-1903) ... 334 252. LORD MILNER ON THE ASIATIC QUESTION (11-6-1903) ... 336 253. "WITH WHAT MEASURE", & C. (11-6-1903) ... 337 254. THE BRITISH INDIAN IN SOUTH AFRICA (18-6-1903) ... 338 255. IS IT IMPERIAL OR EMPIRICAL ? (18-6-1903) ... 339 256. "PHYSICIAN, HEAL THYSELF" (18-6-1903) ... 341 257. WHAT IS IT ALL COMING TO ? (18-6-1903) ... 342 258. A STUDY IN FACTS (18-6-1903) ... 343 259. IMMIGRATION BILL (23-6-1903) ... 344 260. THE BRIGHT SIDE OF THE PICTURE (25-6-1903) ... 346 261. THE NEW MOVE (25-6-1903) ... 348 262. THE CAPE INDIANS AND SIR PIETER FAURE (25-6-1903) ... 350 263. MR. CHAMBERLAIN ON THE INDIAN QUESTION (25-6-1903) ... 350 264. AN INSANITARY REPORT (25-6-1903) ... 351 265. LETTER TO H. V. VORA (30-6-1903) ... 352 266. LETTER TO CHHAGANLAL GANDHI (30-6-1903) ... 353 267. THE BALANCE-SHEET (2-7-1903) ... 354 268. TRUE IMPERIALISM (2-7-1903) ... 355 269. LETTER TO G. K. GOKHALE (4-7-1903) ... 356 270. THE PROCLAMATION OF 1858 (9-7-1903) ... 357 271. THE LABOUR QUESTION IN THE TRANSVAAL (9-7-1903) ... 359 272. THE IMMIGRATION RESTRICTION BILL (9-7-1903) ... 361 273. THE PLAGUE (9-7-1903) ... 362 274. SPECIAL PLEADING (9-7-1903) ... 362 275. PETITION TO NATAL COUNCIL (11-7-1903) ... 364 276. ORANGE RIVER COLONY (16-7-1903) ... 364 277. THE LABOUR IMPORTATION ASSOCIATION (16-7-1903) ... 366 278. THE MAYORAL DEPUTATION TO SIR PIETER FAURE ... 368 (16-7-1903) 279. PROPOSED INDIAN BAZAAR AT THE CAPE (16-7-1903) ... 369 280. WELL DONE (16-7-1903) ... 370 281. ON THE POSITION IN THE TRANSVAAL (18-7-1903) ... 371 282. BRIEF FOR COUNSEL'S OPINION (21-7-1903) ... 372 283. LEGISLATION IN ANTICIPATION (23-7-1903) ... 373 284. THE LONDON MEETING : I (23-7-1903) ... 374 285. EAST RAND VIGILANTS (23-7-1903) ... 376 286. PRECAUTION OR PERSECUTION ? (23-7-1903) ... 377 287. LORD MILNER ON THE COLOUR QUESTION AGAIN (23-7-1903) ... 378 288. THE TRANSVAAL BAZAARS (23-7-1903) ... 379 289. NOTES (25-7-1903) ... 380 290. THE CINDERELLA OF THE EMPIRE (30-7-1903) ... 382 291. THE LONDON MEETING : II (30-7-1903) ... 384 292. ON TRIAL (30-7-1903) ... 386 293. LORD MILNER ON HAWKERS, ETC. (30-7-1903) ... 387 294. LETTER TO COLONIAL SECRETARY (1-8-1903) ... 389 295. NOTES (3-8-1903) ... 390 296. CABLE TO BRITISH COMMITTEE (4-8-1903) ... 393 297. MR. CHAMBERLAIN'S DESPATCH (6-8-1903) ... 393 298. THE LONDON MEETING : III (6-8-1903) ... 395 299. IMMIGRATION RESTRICTION BILL (6-8-1903) ... 397 300. POTCHEFSTROOM INDIANS (6-8-1903) ... 397 301. RUSHING THINGS (6-8-1903) ... 398 302. PHENOMENAL ACTIVITY (6-8-1903) ... 399 303. STOOPING TO CONQUER (6-8-1903) ... 399 304. MIXED UP (6-8-1903) ... 400 305. ACCURACY NEEDED (6-8-1903) ... 401 306. EXPLANATION OF CABLE (10-8-1903) ... 402 307. EVIDENCE AGAINST LORD MILNER'S CHARGE OF INSANITATION (13-8-1903) ... 403 308. AN EYE -OPENER (13-8-1903) ... 408 309. GREYTOWN LOCAL BOARD (13-8-1903) ... 410 310. A SUR-REJOINDER (13-8-1903) ... 410 311. THE USES OF ADVERSITY (20-8-1903) ... 411 312. STANDING COUNSEL FOR SOUTH AFRICA (20-8-1903) ... 414 313. ACCIDENT ? (20-8-1903) ... 414 314. THE BLEEDING CRY (20-8-1903) ... 415 315. PERMITS AND NON-REFUGEES (20-8-1903) ... 416 316. INDIAN TRADE LICENCES IN THE TRANSVAAL (22-8-1903) ... 417 317. PETITION TO CHAMBERLAIN (24-8-1903) ... 420 318. PREJUDICES DIE HARD (27-8-1903) ... 421 319. LORD MILNER'S DESPATCH (27-8-1903) ... 423 320. MORE LIGHT ON THE INDIAN QUESTION (27-8-1903) ... 424 321. A CRUEL WRONG (27-8-1903) ... 426 322. THE PRECIOUS EXEMPTION (27-8-1903) ... 426 323. LORD SALISBURY (3-9-1903) ... 427 324. AN UNRIGHTEOUS COMPACT (3-9-1903) ... 429 325. TRANSVAAL LICENCES (3-9-1903) ... 431 326. INDIAN LABOUR AND MAURITIUS (3-9-1903) ... 432 327. NATAL'S PRIDE (3-9-1903) ... 433 328. BOKSBURG LOCATION (3-9-1903) ... 434 329. LETTER TO DADABHAI NAOROJI (7-9-1903) ... 435 330. THE DEALERS' LICENSES ACT REDIVIVUS : I (10-9-1903) ... 436 331. FROM SLAVE TO COLLEGE PRESIDENT (10-9-19030) ... 437 332. INDENTURED LABOUR (10-9-1903) ... 440 333. ORANGE RIVER COLONY (10-9-1903) ... 441 334. PERSEVERING POTCHEFSTROOM (10-9-1903) ... 441 335. JAPANESE QUARANTINE (10-9-1903) ... 442 336. THE DEALERS' LICENSES ACT REDIVIVUS : II (17-9-1903) ... 443 337. COMPULSORY REPATRIATION (17-9-1903) ... 444 338. PREJUDICE WITH A VENGEANCE (17-9-1903) ... 446 339. INDIAN ART (17-9-1903) ... 447 340. NOTES (21-9-1903) ... 448 341. THE DEALERS' LICENSES ACT REDIVIVUS : II (24-9-1903) ... 448 342. THE LABOUR QUESTION IN THE TRANSVAAL (24-9-1903) ... 451 343. MR. STUART THE MAGISTRATE (24-9-1903) ... 453 344. MR. STUART IN A NEW ROLE (24-9-1903) ... 454 345. LOCATION LAW OF THE TRANSVAAL (24-9-1903) ... 454 346. A THREE-BARRELLED RESIGNATIOJN (24-9-1903) ... 455 347. SIR J. L. HULETT AND INDIAN TRADERS (24-9-1903) ... 456 348. THE MILLIONAIRE AND THE INDIAN GOVERNMENT ... 456 (24-9-1903) 349. THE DEALERS' LICENSES ACT REDIVIUS : IV (1-10-1903) ... 457 350. THE JOHANNESBURG INDIAN LOCATION (1-10-1903) ... 459 351. POLITICAL MORALITY (1-10-1903) ... 460 352. THE VALUE OF A VOTE (1-10-1903) ... 464 353. A CAUSE FOR THANKFULNESS (1-10-1903) ... 464 354. AN OPPORTUNITY FOR THE INDIANS (1-10-1903) ... 465 SOURCES ... 467 CHRONOLOGY ... 469 NOTES ... 478 INDEX ... 479 ILLUSTRATIONS AT JOHANNESBURG IN 1900 Frontispiece TELEGRAM TO COLONIAL SECRETARY ... 24 SUBSCRIPTIONS TO PATRIOTIC LEAGUE FUND COLLECTED BY GANDHIJI FROM DURBAN INDIANS ... 128 DRAFT OF LETTER TO BISHOP BAYNES ... 128 WITH THE INDIAN AMBULANCE CORPS DURING THE BOER WAR. GANDHIJI IS SEATED FIFTH FROM LEFT WITH DR. BOOTH TO HIS RIGHT ... 129 MEDAL AWARDED TO GANDHIJI FOR SERVICES DURING THE BOER WAR ... 136 A STATEMENT OF ACCOUNT A CIRCULAR IN ENGLISH AND GUJARATI IN GANDHIJI'S HAND PROPOSING CABLE OF CONDOLENCE TO LADY HUNTER ... 137 PORTRAIT OF QUEEN VICTORIA?A SOUVENIR FROM THE INDIAN COMMUNITY IN SOUTH AFRICA TO ITS SCHOOL-CHILDREN ... 184 LETTER TO GOKHALE ... 312 EDITORIAL PAGE OF THE FIRST ISSUE OF Indian Opinion (JUNE 4, 1903) ... 313 1. LETTER TO THE BRITISH AGENT The Law 3 of 1885, as amended in 1886, denied "the coolies, Arabs, Malays and Mahomedan subjects of the Turkish Empire" citizenship rights, including the rights of owning immovable property. The Imperial and the Transvaal Govern-ments differed as to the applicability of the law to Indians. The issue was referred for arbitration to the Chief Justice of the Orange Free State, who decided that the Transvaal Government was bound and entitled, in its treatment of Indian and other Asiatic traders, to enforce the law, subject to interpretation by the law courts if an objection was raised on behalf of such persons that the treatment was against its provisions. The following letter relates to the subsequent development. PRETORIA, February 28, 1898 TO HER MAJESTY'S AGENT PRETORIA SIR, We the undersigned British Indian subjects resident at Pretoria and at Johannesburg, as representing the British Indian community in the Transvaal, beg respectfully to bring to the notice of Her Majesty's Government, that, as suggested by her Majesty's Government, we are about to take steps in the High Court of the South African Republic1 to obtain an interpretation of Law No. 3 of 1885, as amended in 1886, according to the terms of the Award of Chief Justice de Villiers at Bloemfontein,2 for the purpose of having a decision as to whether or not British Indian subjects are entitled to carry on business in the towns and villages of this State. We cannot refrain, however, from expressing our regret that Her Majesty's Government has decided not to act on our behalf in this matter to its conclusion, for we had hoped that, inasmuch as Her Majesty's 1 The Test Case, Tayob Hajee Khan Mahomed vs. Dr. Willem Johannes Leyds, Secreatary of State, South African Republic, was filed on the same day. It was ultimately, on August 8, 1898, decided against the Indians. 2 Vide Vol. I, pp. 175, 189. Government had submitted our case to Arbitration, the matter would be seen through to the end by Her Majesty's Government.1 We have, etc. (Signed) TAYOB HAJI KHAN MAHOMED HAJI HABEEB HAJI DADA MOHAMED CASSIM CAMROODIN & CO. M. H. YOOSUB Enclosure in Confindential Despatch dated 9.3.1898 from the Honourable High Commissioner to the Republic of South Africa to Her Majesty's Principal Secretary of State for the Colonies, London. Colonial Office Records: C. O. 417, Vol. 243. 2. THE SOMNATH MAHARAJ CASE Under the Dealers' Licenses Act, 1897, Town Councils and Town Boards in Natal were authorized to appoint "Licensing Officers" for issuing licences to traders to and to hear appeals against their decisions and also against their own con-firmation of such decisions. The report of the proceedings of the Durban Town Council in the Somnath Maharaj Case, in which Gandhiji appeared in the latter appeal, is given below. This report was incorporated by him as an appendix to the petition of December 31, 1898 to Mr. Joseph Chamberlain, Secretary of State for the Colonies. The adverse decision of the Town Council was set aside by the Supreme Court of Natal in Somnath vs. Durban Corporation, on March 30, 1898 on the grounds of improper procedure. In a further appeal, on June 6 (reported in The Natal Advertiser, 7-6-1898), the Town Council upheld the Licensing Officer's reason for refusal of a licence to Somnath Maharaj?"as the class of trade he was engaged in was sufficiently provided for in the town and borough". THE INITIAL HEARING Mr. C. A. de R. Labistour appeared for the applicant, and said his client had ample capital to start in a decent way of business in the premises, which had been most satisfactorily reported upon by the San-itary Inspector. The applicant was a capable businessman. Mr. Collins: Have we had the Licensing Officer's reasons? The Mayor: No. Mr.Taylor: I don't think the Licensing Officer need give reasons, unless requested to do so by a majority of the Council. All that we have to do is to decide whether or not we will confirm the Licensing Officer's decision. I move that we confirm it. Mr.Henwood seconded the motion. Mr. Coolins moved, as an amendment, that the Licensing Officer be requested to give his reasons. Mr. Ellis Brown seconded, remarking that it would be more satisfactory to have the reasons. 1 In his interview, as well as letter, of May 18, 1897 (vide Vol. II, p. 315), Gandhiji represented that the British Government should bear the costs of the Test Case, but this request was turned down. THE SOMNATH MAHARAJ CASE 3 The amendment was rejected by four votes to three. Mr. Collins pointed out that they were establishing a precedent, and he thought they were establishing an undesirable one. Of course, what was done in one case must be done in all, and under the circumstances, he would feel compelled to vote against the resolution. The Mayor remarked that the Council had by a majority decided not to ask the Licensing Officer for his reasons. The original motion was then put and carried, and the Licensing Officer's decision was accordingly confirmed. [March, 2, 1898]1 THE SUBSEQUENT APPEAL An Indian, named Somnath Maharaj, appealed against the refusal of a licence for premises belonging to the Natal Indian Congress, in Umgeni Road. Mr. Gandhi, who appeared for the appellant and the owners of the premises, said he and written to the Town Clerk for the reasons of the Licensing Officer for refusing the licence, but had been told that the reasons could not be given. In reply to a question from the Mayor, Mr. Gandhi said that the trustees of the Natal Indian Congress were the owners of the property. Mr. Gandhi, resuming, said he also asked the Town Clerk for a copy of the record, and was told that he could not be furnished with it. He contended that he was entitled by law to have it, as the ordinary rules of procedure in appeal cases would apply before that tribunal, and he was also entitled to the reasons. There was nothing whatever in the Act to show that the ordinary rules of procedure were to be subverted. The 11th section of the Act provided for the rules, which had been framed thereunder, but he did not know that the rules were constitutional. He did not propose to read authorities, because it seemed to him that common sense would show that if a right of appeal were allowed, the ordinary procedure would guide the conduct of such appeals. If that were not so, it would appear that the law had given a right to the subject with the one hand and taken it away with the other, for if he appealed to the Town Council and did not know why his licence had been refused, and was not allowed to obtain a record of the proceedings; and, if not, he was an outsider. Was the Council going to decide that he was an outsider, although he had large interests at stake? He was told: "You may come, you may say anything you like, without knowing what the ins and outs of the case are," and he had come before them; but, if there were any reasons, they would be surprised upon him, and if there was a report from the Sanitary Inspector, it would be surprised upon him also. He submitted that he was entitled to a copy of the record of the 1 The Natal Advertiser of March 3, 1898, states that the appeal was heard on the previous day. THE COLLECTED WORKS OF MAHATMA GANDHI 4 Council's proceedings, and to the reasons, and if not, then the right of appeal had been refused to him. His client was one of the burgesses, and as such was entitled to every consideration a burgess should receive at the hands of the Council; instead of which he was practically opposed by the whole municipal machinery, had to anticipate the reasons for which his licence was refused, and had had to come to the Council, and then, possibly, after spending a lot of money, would perhaps be told that the Licensing Officer's decision is upheld. Was this an appeal under the British Constitution? Mr. Evans: Has the applicant had a licence before? The mayor: He has kept a store in another part of the Colony, but he has only been in Durban three months. Mr. Collins said Mr. Gandhi asked their decision on a point of law. They were a lay court, but he did not know that they were competent to give an answer without reference to their legal adviser. Under the law, the Council could require the Licensing Officer to state his reasons in writing, but he was bound to admit that he did not like the law on this point, as it did not seem to him to reflect true justice. However, the law must be abided by, but it also provided means by which the Council could rectify what appeared to him to be an injustice. It was competent for them to get the reasons of the Licensing Officer in writing, and then to adjourn that meeting so as to give the appellant an opportunity of answering them. He thought that line should be adopted and he accordingly moved that the Licensing Officer be asked to furnish his reasons. Mr. Challinor seconded. Mr. Evans said that as the reasons of the Licensing Officer were privileged to the Council, he thought they should have them in writing. Mr. Ellis Brown: Yes; let them be handed round. Mr. Clark moved that they retire to the Mayor's parlour for five minutes, in order to see the reasons. Mr. Collins seconded, and remarked that he had often heard that justice was blind, but had never seen so forcible an illustration of it before. Some members of the Council were prepared to vote on the matter without knowing why the licence had been refused. Mr. Taylor agreed with Mr. Collins that justice was blind, but said there were councillors who could see the Licensing Officer's reasons without looking at a bit of paper. He was sorry there were those present who were so ignorant that they could not see it. The motion was carried, and the members of the Council then retired. On returning to the Council Chamber, Mr. Gandhi: I want a decision on the points I have raised. The Mayor: The Council is against you. Mr. Gandhi said that the only fault that could be found with his client was that he had a brown skin, and that he had never held a licence in Durban before. He was told that the Council would refuse any application for new licences, no matter whether the applicants had good business qualifications or not. If that was correct it was unjust, and if a man was not to have a licence because he had a brown skin, such a decision savoured of injustice, and was certainly un-English. There was nothing in the law to show that licences must be refused to persons because of their nationality. The tribunal should not be guided by what was said during the time of panic, but rather by the words of the late Premier, who said it should be borne in mind that the Town Council had been given a giant's strength, but they should take care that they did not use it in that fashion. The applicant had been a storekeeper at Mooi River for six years, and was a thoroughly respectable man, whose straightforwardness and business capacity had been vouched for by four Natal European firms. He hoped the Council would grant the licence. Mr. Taylor moved that the decision of the Licensing Officer be confirmed. Mr. Clark seconded the motion, which was carried nem.con. The Natal Mercury, 3-3-1898 3. APPLICATION FOR REFUND OF FINE1 53A, FIELD STREET, DURBAN, March 9, 1898 THE TOWN CLERK DURBAN Sir, Jusa Jana and others, who own a squatter's license from the Government, [and] have been selling bread & c. in open at the Point, were charged with keeping an eating house & were each fined £ 1. According, however, to the case of Dyer v Musa, the judgment of the Magistrate in the above case would be incorrect. The appeal in Dyer v Musa was decided after the above cases were decided. Under the circumstances, will the Town Council be pleased to return the fines paid by the men? Yours faithfully, M. K. GANDHI [P. S.] May I also ask for a refund of the fine of 5/0 imposed upon Musa and paid by him, the judgment having been set aside by the Supreme Court. M. K. G. Durban Town Council Records: Letter No. 23596, Vol. 134. 1 The letter is in Gandhiji's handwriting. 4. ADDRESS TO G. V. GODFREY The following congratulatory address, drafted by Gandhiji, was presented to Mr. G. V. Godfrey on March 18, 1898, at a meeting of Indians in Durban. Gandhiji was among the signatories. [Prior to March 18, 1898] GEO. VINCENT GODFREY, Esq. DURBAN Dear Mr. Godfrey, We, the undersigned Indians, hereby beg to congratulate you on your success at the recent Civil Services examination of the Colony. The event derives great importance among the Indian community, as you are the first Indian in the Colony to have gone up for and passed that examination. The fact that you have failed before, to our minds, speaks in your favour; it shows that you persevered in spite of difficulties and failures, which are but a stepping stone to success. We cannot omit to mention here that Mr. Subhan Godfrey deserves the thanks of the Indian community for having given you opportunity to prosecute your studies. He has indeed set an example to the other Indian parents in the Colony as to what a father should do to educate his children, as you have shown what an Indian youth in this Colony can do in the educational line if he has the opportunity. An even more striking instance of his liberality in educating his children is to be found in the fact of his having sent your eldest brother to Glasgow to pursue his medical studies. We are glad to know that your ambition does not end with the Civil Services examination, but that you still wish to continue your studies much further. We pray that God may grant you health and long life to enable you to fulfil your desires, and hope that your perseverance and industry will be copied by other young Indians in the Colony, and that your success will serve as an encouragement to them. We remain, your sincere well-wishers and friends The Natal Advertiser, 19-3-1898 5. LETTER TO G. V. GODFREY [DURBAN,] [Prior to March 18, 1898] DEAR MR. GODFREY, Several Indians?including your friends and well-wishers?have decided to present you with a congratulatory address on your having been the first Indian to have passed the Civil Services Examination of the Colony. I trust you will accept invitation hereby to receive the address at the Congress Hall in Grey Street at 7.45 p.m. on Friday next, the 18th instant. I have much pleasure in enclosing herewith a proof copy of the address for your perusal. I remain, Dear Mr. Godfrey, Yours truly, From the photostat of the office copy in Gandhiji's handwriting: S. N. 2730. 6. A STATEMENT OF ACCOUNT March 25, 1898 THE NATAL INDIAN CONGRESS Dr. to M. K. Gandhi as on the 31st December 25. 4. 97 To check for stamps on memorials 2- 2-4 registration 30. 12. 97 To Pitcher's Bill pd. re. cancellation of 0- 9-6 Bond 2. 10. 97 To stamps on memorial 0-14-0 16. 10. 97 To stamps letter to Nazar1 0-0-6 ½ 6. 12. 97 To two chimney pieces 0- 2-0 9. 12. 97 To check to Bank of Africa re. Fareed's 300- 0-0 ppty. Balance due ?????? £ 303-8-4 ½ From the photostat of the office copy: S. N. 2723. 1 Mansukhlal Hiralal Nazar (1862-1906), who assisted Gandhiji in his work in South Africa; vide Vol. I, p. 384. 7. NOTES ON THE TEST CASE This and the following item comprise legal "Notes" prepared by Gandhiji to assist the counsel who represented Tayob Hajee khan Mahomed in the Test Case. [Prior to April 4, 1898]1 With deference to Counsel's opinion expressed when I was in Pretoria, I submit that according to Clause I in the Act, 2 the Indians to whom an attempt is being made to apply the Law do not come under it. The Clause reads: "This law is applicable to the persons belonging to one of the aboriginal races of Asia, among whom are comprehended the so-called Coolies, Arabs, Malays, and Mahomedan subjects of the Turkish empire." I take it that the meaning of the various expressions in the clause to be accepted by the Court will be the meaning which a standard work, as for instance, a Dictionary, would give them, and not the meaning given to them by the populace, either through ignorance or prejudice; I mean, in the absence of a definition of these expressions in the law itself. If this be so, the meaning of the expression "aboriginal races of Asia" can only be found by a reference to an historical work. A reference to Hunter's 3 "Indian Empire", chapters 3 and 4, would shew at a glance who are the aborigines and who are not. The matter is put so plainly that there can be no mistake about the distinction between the two. It will be seen at once from the book that the Indians in South Africa belong to the Indo-Germanic stock or, more properly speaking, the Aryan stock. I do not know that there is any authority that has opposed this view. Works by Morris and Max Muller, easily obtainable in Pretoria, also support this view, and if this meaning of the expression is not accepted, I do not know what other meaning is to be attached to the expression. A reference to the Green books4 would shew that even Sir Hercules Robinson (I am not sure as to the name) expects from the clause under discussion the Indian Traders under somewhat similar grounds, and if the Indians in the Republic are not included in the expression "aboriginal races of Asia", they are certainly not to be classed among Coolies, Arabs, Malays, and Mahomedan subjects of the Turkish Empire. Are they Coolies or Arabs? If books and dispatches are to be relied 1 Vide last para of the succeeding item. 2 Law 3 of 1885, as amended in 1886. 3 Sir William Wilson Hunter, 1840-1900; authority on Indian affairs and leading member of the British Committee; vide Vol. I, p. 381. 4 The following is a marginal note in Gandiji's handwriting: "Green book No. 1, 1894, page 28, paras 7 & 8, also p. 36, id." upon, they are not either. And it may be stated here parenthetically that, if it was really intended to apply the Law to the Indians, the Law should have stated so clearly by putting the very word in. And if the matter has been left in doubt, the interpretation must be in favour of the Indians, the Law being a restrictive law. To return, the word "coolie", according to Webster, means an East Indian porter or carrier, especially a labourer transported from India, China etc., for service in some other country and that is exactly the meaning given to it by the Natal Laws as well as other authorities. Sir Walter Wragg, in his judgement in the case of Viden versus the Ladysmith Local Board, deals with the question pretty fully. Copy of the full report of the Case is hereto attached, vide pp. 10, 11 and 12.1 That the Indians in the Republic are not Arabs does not require any authority to support this contention. They never belonged to Arabia, and the Indian Mahomedans, whom the populace miscalls Arabs, are simply converts from Hinduism. That fact no more makes an Indian an Arabs than conversion from Buddhism to Christianity would make a Chinese a European. The word "so-called" appears before "coolies": I don't know that that would alter what has been stated above. From the photostat of the office copy: S. N. 3705. (Appendix) SIR WALTER WRAGG'S JUDGMENT Mr. Justice Wragg: It appears to me that the important question, directly put to the Court for decision, is whether or not Mrs. Vinden is a 'Coloured Person' within the meaning of Law 15, 1869.2 I understand that my learned Brethren hesistate to decide this point and therefore what I have to say must be taken as my opinion only. I hold strongly the view that the plaintiff is not a 'Coloured Person' within the meaning of that Law, on the following grounds. Under Law 15, 1869, Sec. 2. any 'Coloured Perosn', who is found wandering abroad unable to give a good account of himself, is liable to punishment. In Section 5 the term 'Coloured Person' is defined as including, among others, 'Coolies'. Before that Law of 1869 was passed, there were in existence several Laws relating to Indian Immigrants. Looking at the preamble of that and the later Laws, we find that the term 'Coolie' means persons who, under these Laws, have been intro-duced from India into this Colony at the public expense, or by private individuals at their own expense, for a particular class of service. Then came the 'Coolie Consolidation Law' of 1870, in which the term 'Coolie' was again used and in the same sense. Lastly, we have the existing Law No. 25 of 1891, which was passed 1 The enclosure referred to is not available, but the judgment of Sir Walter Wragg, taken from the Natal Law Reports, No. 17, dated March 23, 1896, is given as an appendix to the "Notes". 2 This case was one of wonderful arrest in which the plaintiff, an Indian Christian woman, Mrs. Vinden, claimed £ 200 damages, as she was gaoled after being asked for her Pass one night by a Native constable. The question arose whether she was a 'Coloured Person' in terms of the Law. The Judge awarded Mrs. Vinded £ 20 as compensation for wrongful arrest. as the outcome, in many respects, of the labours of the Indian Immigration Commission of 1885-1887. In this Law the offensive word 'Coolie' does not appear, its place being taken by the term 'Indian Immigrant', which, in Section 118, is defined as meaning and including "all Indians introduced from India into Natal under the provision of the Laws regulating such introduction and those descendants of such Indians who may be resident in Natal." Persons usually described as Asiatics, Arabs, or Arab traders, who have been so introduced, are expressly excluded. Now Mrs. Vinden came to this Colony at her own expense and she is wife of David Vinden, who was not brought here as an Indian Immigrant. How can either of them be considered a 'Coloured Person' within the meaning of Law 15, 1869? I say, most empathically, that they are not 'Coloured Person' within the meaning of that Law. A 'free' Indian, that is to say, an indentured Indian who, having been introduced under the Immigration Laws, has completed his term of service, is, with his descendants, a 'Coloured Person' within the meaning of the Law, because he comes within the definition of Law 25, 1891, Sec. 118. But that is not the case of either David Vinden or his wife. Viden v. Ladysmith Local Board, 1896; Natal law Reports. 8. NOTES ON THE TEST CASE DURBAN April 4, 1898 NOTES ON THE EVIDENCE REQUIRED IN TAYOB HAJEE KHAN MAHOMED vs. DR. LEYDS Evidence is required to prove that (a) Plaintiff is a subject of the Queen of Great Britain. (b) He has been established and [has] carried on business as a merchant in Church Street, Pretoria, since 1893. (c) He has during that time conformed to and has obeyed the laws of the land (d) He is not an Arab. (e) He is not a Mahommedan subject of the Turkish Empire. (f) He is not a Malay. (g) He is not a coolie in any sense of the term. As to (a): Plaintiff is a native of Porbunder, a port in Kattywar,1 a Province in the south-west of India. Porbunder is under British administration. Mr. H. O. Quin, styled the State Administrator, manages the States. A reference to any map of the world would show that the Province of Kattywar is included in British India and is marked red. In a separate map of British India, Kattywar and other portions would be found 1 This is how Kathiawar was then spelt in documents and maps prepared by Europeans. The collection of former principalities is now merged in Bombay State and is known as Saurashtra. marked yellow. These are two divisions of British India, viz., that portion which is called Khalsa1 or British India proper, under the direct control of British political officers, and the other, Protected British India, where there is an intermediary between the people and a British Officer. Nevertheless, inhabitants of both parts of India are, for our purposes, equally British subjects and entitled to the same privileges outside India. This portion can be proved by putting in any map, a standard Geography, or even by getting the evidence of the British Agent. Further, Plaintiff has very often transacted business with the British Agents in his capacity as a British Indian trader and has been accepted as such. The illuminated address that went to the Queen2 on behalf of the British Indians in the Transvaal bore his among the other signatures. This also the British Agent could prove. And if that course is thought advisable and adopted, it may lend a certain dignity to the case, if it does nothing else. I am also told that Plaintiff was, at one time, required to fill in a form by one of the Landdrosts,3 wherein he described himself as a British subject, and this was accepted by that officer. As to (b) : It appears that, in 1882, he was a partner of Tayob Ismail; in 1883, joined the firm of Aboobaker Amod and Co., and was the resident partner and manager of the firm's business in Pretoria. Aboobaker Amod and Co. was transformed into Tayob Hajee Abdoolla & Co., in 1888 and, since 1892, he has been carrying on business as Tayob Hajee Khan Mahomed & Co., either with or without partners. He had and has other businesses also in the Transvaal. Many witness could prove this, or it might be possible to produce deeds of partnership or even the licenses, if they granted. As to (c) : Plaintiff has regularly paid taxes for properties belonging to him or occupied by him. There are no convinctions against him. Receipts for the taxes might be put in. He contributed his share, I believe, to the Com-mando levy.4 He has kept his premises in good sanitary condition, as Dr. Vealc can testify. As to (d), (e), (f) : If (a) is proved, i.e. if he is proved to be a British Indian, (d), (e), and (f) are proved ipso facto; for if he is an Indian he cannot be an Arab, or Malay [either], and if he is a British subject he cannot be a Turkish subject. It is not denied that he is a Mahomedan,, and the confusion has arisen because of that fact. Somehow or other, people in South Africa have come to look upon Indian Mahomedans as 1 Territory under direct administration of Government. 2 Vide Vol. II, p. 317. 3 Magistrates or judicial officers. 4 A tax collected in the Transvaal at the time of the Boer Commando action against the Kaffir Chief, Malaboch, in 1894. Arabs and Turkish subjects. Plaintiff is neither. He has never been to Arabia, even as a pilgrim, and he has never been to Turkey. An Indian Arab or an Indian Malay is an impossibility. Malays, I understand, are, or were formely, natives of Java and first brought to South Africa by the Dutch. As to (g) : The expression "Coolie" was first officially used by the Natal Legislature when they introduced into the Colony the bona fide "Coolies", i.e., field labourers, for their estates. There were no other Indians in the Colony or South Africa at the time, and it was not before 1870 that the first Indian trader came to South Africa. By this time, there was a large population of Indian field labourers, and they were at the time, without meaning any offence to their feelings, called "coolies" by the white men. As the Indian traders came, white men, not having known any other Indians, called them also "coolies", forgetting the specific meaning of the expression as applied, not to a nation, but to a class of labourers. Gradually, trade jealously grew up, and the expression de-generated into a term of contempt as applied to Indian traders and began to be freely and consciously used. Some Europeans, having come respect for the traders and in order to make a distinction, began to call the Indian traders "Arabs". The expression "coolie" then followed the Indians wherever they went in South Africa, generally as a term of contempt; and remains so to the present day. For its legal or dictionary meaning, Webster might be taken as an authority. For its commercial and popular meaning as understood there, many merchants might be found willing to testify that they would never think of calling Plaintiff and Indians like himself "Coolies", except in order to insult them. Attention is also drawn to my notes sent some time ago specially as to the expression "coolie", and generally as to the interpretation of the Law, as also to the case of Viden v. Ladysmith Corporation, sent herewith, and containing Sir Walter Wragg's dissertation on the expression "Coolie".1 M. K. GANDHI From the photostat of a typed copy bearing Gandhiji's signature: S. N. 3704. 1 Vide "Notes on the Test Case" given earlier. 9. LETTER TO COLONIAL SECRETARY 53C FIELD STREET, DURBAN, July 21, 1898 TO THE HONOURABLE THE COLONIAL SECRETARY P. M. BURG1 SIR, I applied to the Immigration Officer at Durban for temporary permits for certain four Indians. The officer is prepared to grant the permits on a deposit of £ 25 each. On my applying to him to take £ 10 each, he informs me he has no authority to accept such small deposits. I beg to draw your attention to the fact that a deposit of £ 10 is accepted at Charlestown. The system of deposits is a source of very great annoyance, and I submit that £ 10 is ample for the purpose for which the deposit is intended. If the holders of temporary permits forfeit the deposits, the law can still reach them and they could be deported from the Colony. Under the circumstances, I trust you will be pleased to authorize the Immigration Officer at Durban to accept a deposit of £ 10 for each person requiring a temporary permit. I have the honour to remain, Sir, your obedient servant, M. K. GANDHI From the original handwritten letter, signed by Gandhiji, available in the Pieter-maritzburg Archives, No. C. S. O/4799/98. 10. TELEGRAM TO THE VICEROY OF INDIA JOHANNESBURG, VIA ADEN August 19, 1898 FROM BRITISH INDIANS JOHANNESBURG TO HIS EXCELLENCY THE VICEROY OF INDIA SIMLA WE BRITISH INDIANS TRADING AT JOHANNESBURG RESPECTFULLY DESIRE TO BRING TO YOUR EXCELLENCY'S NOTICE THAT HIGH 1 Pietermaritzburg. COURT HERE HAS DECIDED1 THAT ALL INDIANS MUST RESIDE AND TRADE IN LOCATIONS ONLY. Foreign Department, Ministry of External Affairs, Government of India: Pros. September 1898, Nos. 55-56. 11. PETITION TO INDIAN NATIONAL CONGRESS2 On the Transvaal High Court deciding that Indians must live and trade only in Locations, they made the following representation to the Indian National Congress. JOHANNESBURG, SOUTH AFRICAN REPUBLIC, August 22, 1898. TO THE CHAIRMAN AND MEMBERS OF THE INDIAN NATIONAL CONGRESS GENTLEMEN, We, the undersigned British subjects residing at Johannesburg, in the South African Republic, desire to respectfully draw the attention of your Congress to the following facts: 1. That we are British subjects, born in British India and trading at Johannesburg as merchants and shopkeepers. 2. That some of us have resided in this Republic for twelve years and upwards, and have valuable stocks of goods in our business premises at Johannesburg. 3. That we respectfully submit that as British subjects we are entitled to the full benefit of the Convention, known as the London Convention, entered into in the year 1884 between Her Majesty's Government and the Government of the South African Republic, Article 14 whereof provides that all British subjects shall have the right to reside and carry on business in any part of the South African Republic. 4. That the High Court of this Republic has recently decided that all Indians and other Asiatics must reside and trade in certain Locations to be pointed out by the Government of this Republic, and not elsewhere. 5. That the said decision of the High Court was based upon an enactment of the Volksraad3 of this Republic, passed subsequent to the Convention aforesaid, to wit in the year 1885, being Law No. 3 of 1885, 1 In the Test case (vide p. 1, supra), the Court held that there was no distinction between places of business and residences, and that Asiatics must reside as well as transact their business in Locations set apart for them by Government. 2 A similar petition was sent also to the Secretary of State for the Colonies, the Secretary of State for India, and a copy to the British Committee of the Indian National Congress. 3 Legislative Assembly. which said Law is in direct conflict with the express terms of the said Convention. 6. That, even assuming that we are bound by the provisions of the said Law No. 3 of 1885, which we deny, then we respectfully submit that the said decision of the High Court of this Republic is bad in law, and manifestly contrary to the true meaning and intent of the said Law, which provides that the Government of this Republic shall have the right to fix places of residence in Locations for Asiatics in this Republic, but in no way restrict the right of Asiatics to trade in any part of this Republic. 7. That the said decision of the High Court is final and no appeal lies therefrom. 8. That we cannot believe that it was or is the intention of Her Majesty's Government to consent to our being deprived of those rights expressly secured to all British subjects by the London Convention aforesaid and to consent to Indian British subjects being placed in a worse position, so far as treaty rights are concerned, than European British subjects. 9. That we have no doubt that the said decision of the High Court of this Republic will be enforced forthwith, and that we will be obliged to close our places of business in and about Johannesburg and to reside and trade in Locations to be fixed at the arbitrary choice of the Government of this Republic, which proposed Locations are situate about three miles from Johannesburg, and adjoining the Kaffir Location; the result of which measure will be that we will be ruined in our businesses, and be deprived of the means of earning a livelihood, and will be compelled to leave this State, as Johannesburg is the only important business centre in this Republic and the place where most of the Indians in this Republic reside and carry on business. We, therefore, respectfully request your Congress to use its great influence on our behalf with a view to obtaining redress of our grievances. We have the honour to be, Gentlemen, your most obedient-servants, (Here follow various signatures.) India, 11-11-1898 12.LETTER TO LORD HAMILTON P. O. BOX 1302 JOHANNESBURG, August 25, 1898 THE RIGHT HONOURABLE LORD GEORGE HAMILTON PRIVY COUNCILLOR, ETC. SECRETARY OF STATE FOR INDIA LONDON, ENGLAND RIGHT HONOURABLE SIR, On behalf of ourselves and other Indian British subjects residing at Johannesburg in the South African Republic we beg herewith to hand you the enclosed petition.1 We have the honour to be, Right Honourable Sir, your most obedient servants, A. CHETTY A. APPASAMY Colonial Office Records : Memorials and Petitions : 1898. 13. TELEGRAM T0 M. BHOWNAGGREE2 JOHANNESBURG, August 30, 1898 SIR MANCHERJEE BHOWNAGGREE LONDON COURT DECIDED GOVERNMENT HAS POWER REMOVE INDIANS LOCATIONS FOR TRADE AND RESIDENCE JUDGE JORRISEN DISSENTING. GREAT CONSTERNATION. FEAR OF REMOVALS PARALYSING TRADE. LARGE ISSUES AT STAKE. RELYING MR. CHAMBERLAIN'S PROMISE MAKE REPRESNTATIONS AFTER TRIAL TEST CASE DEFINITE ISSUE NECESSARY. PLEASE HELP. BRITISH INDIANS Colonial Office Records: Memorials and Petitions: 1898. 1 The forwarding despatch carried a Colonial Office minute reading: "The petition is word for word the same as that which has also been addressed to Mr. Chamberlain and the I. N. C." (Vide the preceeding item.) 2 Member of the British Committee of the Indian National Congress in London; vide Vol. II, p. 376. 14. TELEGRAM TO "INDIA"1 JOHANNESBURG, [August 30, 1898]2 THE COURT HAS DECIDED THAT THE GOVERNMENT HAS POWER TO REMOVE INDIANS IN THE TRANSVAAL TO LOCATIONS FOR BOTH TRADE AND RESIDENCE. JUDGE JORRISEN DISSENTED FROM THE DECISION. GREAT CONSTERNATION PREVAILS. IT IS FEARED THAT THE REMOVAL TO LOCATIONS MAY PARALYSE TRADE. LARGE INTERESTS ARE AT STAKE. WE ARE RELYING UPON MR. CHAMBERLAIN'S PROMISE TO MAKE REPRESENTATION TO THE TRANSVAAL GOVERNMENTAFTER THE TRIAL OF A TEST CASE, WHIOH, HE SAID, WAS NECESSARY TO SECURE A DEFINITE ISSUE. India, 9-9-1898 15. DADA OSMAN'S CASE The following is a report of the proceedings of a case before the Durban Town Council, in the course of which Gandhiji, who appeared in appeal, addressed the Council and made a strong plea against the refusal of trade licences to Indians on racial grounds. The Council dismissed the appeal. DURBAN September 14, 1898 A special meeting of the Town Council was held yesterday afternoon, to consider an appeal against the Licensing Officer's decision upon the application of Dada Osman for a wholesale and retail license for the premises No. 117, Grey Street. His Worship the Mayor (Mr. J. Nicol) presided and there were also present the Hon. Mr. Jameson, M. L. C., Messrs. M. S. Evans, M. L. A., Henwood, Collins, Challinor, Hitchins, Taylor, Labistour, Garlicke (town solicitor) and Dyer (Licensing Officer). Mr. Gandhi appeared for the applicant. The Town Clerk (Mr. Cooley) read the Licensing Officer's reasons for his decision as follows: "The Act 18 of 1897, as I understand, was passed with a view of placing some check on the issue of trading licenses to certain classes of people, generally regarded as undesirable, and, as I believe I am right in assuming that the applicant in question is one that would be included in that class, and, moreover, as he has never before had a license in Durban, I have felt it to be my duty to refuse the license." The report of the Sanitary Inspector on the premises was also read, and was to the effect that they had been previously licensed and were suitable. 1 The telegram was published by India as from its 'Johannesburg Correspondent'. Gandhiji was then acting as the Durban, Johannesburg and South African correspondent of India. 2 This telegram, the text of which is practically identical to that of the preceding one, was dispatched on the same day, India, being a weekly, published it in the following issue. 3-2 Mr. Alexander McWilliam, merchant of West Street, called as a witness, said he had dealt largely with the applicant, who had owed him as much as £ 500 at a time. He had found him a good business man, and honest in his dealings. In fact, he was prepared to trust him to the extent of £ 500 again. Witness considered the premises suitable and respectable for such a business as it was sought to carry on. By Mr. Collins: Is the applicant capable of keeping books? Witness : I do not know, but from the way he expresses himself in his letters to me, I should imagine that he would be able to keep books. Dada Osman, the applicant, also gave evidence, and said he had been in Natal about 18 years. He had been engaged in business the whole of that time. He had two stores in Umsinga. He wanted to open a store in Durban, because his family lived here. Witness's private expenses here were £ 20 per month, and his rent for his house and store amounted to £ 11 per month with taxes. His house and store were lighted by electricity, and his household furniture, of the value of over £ 100, was purchased in Durban. He had business dealings with a number of large firms in Durban, and could keep books in English, being acquainted with both single and double entry systems. Applicant's books had been inspected and passed by the Licensing Officer. A license was not absolutely necessary for the supply of his up-country stores but he desired a license so as to cover his living expenses in Durban, where he was obliged to keep a house, as his wife could not very well travel with him between Vryheid and Umsinga, to which places he had to go from time to time in connection with his businesses. He had 2 stores in Umsinga, and had never had a license in Durban. The Umsinga stores had been in his possession over 15 years, and, during that time, he had bought all his goods in Durban. If the Council refused his license, he would not have to shut up his up-country stores. His wife had been in Natal 5 months. He was married in India 8 years ago and had visited India since. Abdul Cadir, managing partner of the firm Mahomed Cassim & Company, owners of the premises in respect of which the application was made, was called, and said the rent fixed was £ 10 and taxes. The store had been licensed before. Witness owned 3 or 4 properties in Durban, amounting in value to between £ 18,000 and £ 20,000. Most of this property was let and if Osman did not obtain a license, witness would lose the rent of that particular store. He had known the applicant a long time, and knew that he would be a good tenant. Further evidence as to applicant's respectability was given by another Indian merchant. Mr. Gandhi stated that the last occasion on which he addressed the Council he, unfortunately, failed to convince them that the landlord's interests should be considered. The managing partner of the firm of Mahomed Cassim & Company told the Council that day that the present applicant was the best tenant he could get for the premises and that he owned property of the value of £18,000, most of which he hired to persons such as the applicant. He further said that if the license was withheld from the applicant, he would not be able to get a tenant for his premises. It was clear that the landlord's interests ought to be considered. Mr. Abdul Cadir was a rate-payer just as good as any of the ratepayers of the Borough, and his voice should be heard by the Council. In the applicant, Abdul Cadir had a tenant whom he had known for a very long time and it would be a hardship to the landlord if the license was refused. The premises were suitable for a store, and it would not be possible for the landlord to hire them for any other purpose. Evidence had been led to the effect that the store had been previously licensed, and Mr. McWilliam, a perfectly disinterested witness, stated that the premises were decent and respectable. Under the circumstances, he hoped the Council would give due weight to the interests of the landlord. As to the applicant himself, testimony had been brought forward to show that his evidence was true, and he desired to do some business in Durban to meet the expenses en-tailed in maintaining a household here. They had in the applicant a man perfectly decent and respectable, straight in his dealings, who could speak English sufficiently to make himself understood, and kept books in English. Applicant's books had previously been passed, and he thought the Council would admit that the applicant had stood the test very well indeed. There could not be the slightest objection either to the premises or the applicant. There was nothing objectionable in the applicant except what the Licensing Officer had been pleased to state in his reasons, and, with all deference to the Council, he submitted that the Licensing Officer had nothing what-ever to do with the speeches made in the Legislative Assembly at the time the Act was passed. There was nothing in the preamble of the Act to show that this was the intention of the measure. It merely said that it was necessary to regulate the issue of licenses to wholesale and retail dealers, no distinction being made as to desirables or undesirables, and yet the Licensing Officer, who was supposed to have a judicial mind at the time of considering applications, had actually gone out of his way to refer to speeches made at the time the Act was passed. This was a most extra-ordinary course for a Licensing Officer had seen fit to refuse the license for the reasons given, they would upset the decision. The Licensing Officer stated that he believed he was right in assuming that the applicant would be included in the undesirable class, but what right had he to make such an assumption? He (Mr. Gandhi) would like to know who was an undesirable and how such a person would be described, and would venture to cite the opinion of the Secretary of State for the Colonies on the point. Mr. Gandhi read extracts from a speech delivered by Mr. Chamberlain at the conference with the Colonial Premises, when the Right Hon. gentle-made said they had to bear in mind the traditions of the Empire, which made no distinction in favour of or against a race on the grounds of colour, and referred to the wealth and civilization of Indians, and the services they had rendered the Empire in times of trouble. According to Mr. Chamberlain, it was the character of the immigrants they had to deal with, and it was the character of the immigrants they had to deal with, and it was not because a man was of a different colour to them-selves that he was undesirable, but because he was dirty or immoral, or a pauper, or because he was in some other way objectionable. That was what an undesirable immigrant was in the opinion of the Secretary of State for the Colonies, and no such objection could be brought against his client. The only objection that had been raised to the applicant, and that had been discounted by the Secretary of State, was that he was an Indian, and, therefore, came to be classed as an undesirable person. He hoped that that reason would not be accepted by the Council. The Licensing Officer had placed the Indian community under a deep debt of gratitude by giving the only reason for which these licenses were refused. It had been said in that Council Chamber that the objection to Indians was not their colour, or because they were Indians, but because they would not live in a decent manner. That objection could not be advanced against his client. He wished to point out that if the Council refused that license, they would place all Indians in the same scale, and would not encourage them to live in premises that were decent and respectable and to live in every way like respectable citizens. Everything done with regard to these licenses became known outside, and if a license was refused to such a man as his client, Indians would say that the Town Council did not want them to live decently and honestly, but anyhow. The Council should not allow such a feeling to be created among the Indian population. It was said on a previous occasion that it was necessary that these licenses should not be increased, but that question did not arise in the present case, as the store for which a license was applied for, had been licensed that year. By granting the application the number of licenses would not be added to. If these stores were to be shut up, the Indian landlords would have to shut up their businesses, and he hoped the Council would give due consideration to the appeal, and order the issue of a license to his client. Mr. Taylor said he was not convinced that the Licensing Officer was in error, and he, therefore, moved that the decision be confirmed. Mr. Collins said that he was not at all surprised that there was a very great deal of reluctance on the part of the Council to refuse the license, but he believed the license was going to be refused, and he had no hesitation in saying that the reason was not that the applicant was not suitable except for the fact of his being an Indian. What Mr. Gandhi had said was perfectly true, and he (Mr. Collins) felt some relief in saying that most of these licenses, if not all, had been refused mainly on that ground. The Council had been placed in a very unhappy position because it had to carry out a policy which, in the discretion of Parliament, had been considered necessary. Parliament, representing the community, had come to the conclusion that it was undesirable that Indians should increase their hold on the trade of Durban, and it was on that ground that the Council was practically called upon to refuse licenses which were not otherwise objectionable. He thought the applicant would have a grievance by the refusal of the license, but it had been found expedient, as a matter of Colonial policy, that these licenses should not be increased, and he, therefore, seconded Mr. Taylor's motion. The Mayor said that Messrs. Evans, Labistour, and Hitchins would not be able to vote as they had come in late. Mr. Labistour said that, with regard to his being late, he thought an apology was due from him to His Worship and the other members of the Council, but he would like to explain that he had studiously avoided attending these licensing meetings, as he thoroughly disagreed with the dirty work they were called upon to do. He had come into that meeting expecting that the ordinary business would have been concluded earlier, and that the ordinary business would be commenced by the time he arrived. The remarks made by Mr. Collins met with his approval, but any councillor could mark his dissent with what they were called upon to do by not taking part in it. He held that, sitting as a court of appeal, it was for them to hear the evidence, and, unless there was some good ground against an applicant, they ought to grant the license. If the burgesses of Durban, or the people of the Colony, wished these licenses to be stopped, they could go to the Legislature and put an end to applications for licenses by members of the Indian community. On being put, Mr. Taylor's motion to uphold the Licensing Officer's decision was carried nem con., and the appeal was consequently dismissed. The Natal Mercury, 15-9-1898 16. NOTICE FOR A CONGRESS MEETING [DURBAN,] September 15, 1898 Thursday SIR, A meeting of the Congress will be held tomorrow evening at 8 p.m. punctually to deal with the following matters: Congress report?Accounts?Consideration of the debt?Sanction for £ 10 sent to Mr. Nazar1?Sanction for £10 sent to Sir Mancherjee Bhownaggaree2?Sanction for repayment of debt incurred by Mr. Nazar?Resignation of the Honorary Secretary and other business. Mr. Nazar will not attend the meeting. It is hoped that in view of the importance of the meeting, all the members will be present. Meeting of the Congress will take place tomorrow evening at 8 p.m. punctually to consider report of the Hon. Sec. & c. &c.3 M. K. GANDHI From the original office copy in Gujarati, in Gandhiji's own hand, in the National Archives, New Delhi: S. N. 2807. 1 Mr. Nazar had been sent to London on the occasion of the Colonial Premier's Conference held there in 1897. 2 Ganhiji sometimes spelt it thus. 3 This last paragraph is typed in English. 17. TELEGRAM TO COLONIAL SECRETARY DURBAN November 3, 1898 FROM MAHOMED CASSIM CAMROODEEN & CO. TO HON'BLE COLONIAL SECRETARY P. M. BURG RULES PUBLISHED GAZETTE RE VISITORS AND EMBARKATION PASSES1 HAVE CREATED GREAT DISSATISFACTION AMONG INDIANS. MEMORIAL TO HIS EXCELLENCY BEING PREPARED.2 HUMBLY REQUEST BEHALF INDIAN COMMUNITY SUSPENSION RULES MEANWHILE. From the photostat of a handwritten copy which carries Gandhiji's signature : S. N. 2845. 18. PETITION TO INDIAN NATIONAL CONGRESS JOHANNESBURG, S. A. REPUBLIC November 28, 1898 TO THE CHAIRMAN OF THE INDIAN NATIONAL CONGRESS DEAR SIR, We, the undersigned British Indians, residing at Johannesburg in the South African Republic, beg respectfully to draw the attention of your Congress to the following facts: 1. That by Government Notice No. 621, published in the Staats Courant of this Republic, dated November 19, 1898, copy whereof is here-unto annexed, all Indians and other Asiatics are ordered, from and after the first day of January, 1899, to reside and trade only in Locations to be pointed out by the Government of this State. 2. We respectfully submit that the terms of the said Government Notice are in conflict with the provisions of the "London Convention", which provides that all British subjects, without any distinction, shall 1 For the restrictions imposed, deposit taken and fee levied under the Immigration Act, 1897, vide "Letter to Colonial Secretary", July 21, 1898, and "Petition to Chamberlain", p. 26, infra. 2 Vide p. 26, infra. have the full right to reside and trade in any part of the South African Republic. 3. That should the provisions of the said Government Notice be carried into effect, we will suffer great-pecuniary loss, as many of us have established ourselves in business in Johannesburg and elsewhere in this Republic. We, therefore, respectfully request your Congress to use its influence on our behalf, with a view to obviating the serious injury that will otherwise be inflected upon us. We have the honour to be, Sir, your obedient servants, V. A. CHETTY A. PILLAY AND CO. V. MOORROOSAMY MODELIAR A. KESTNASAMY A. APPASAMY [Annexure] GOVERNMENT NOTICE NO. 6211 For general information it is hereby notified that the Honourable Executive Council, by resolution of Art. 1101, dated November 15, 1898, has decided : 1. That the Coolies and other Asiatic Natives who do not at present reside and trade in the specified locations, but in conflict with the law, live and trade in a town or village or other prohibited area, shall be ordered by the Landdrost or Mining Commissioner, or, acting on their instructions by the Field Cornet, to proceed to live and trade in the specified locations before January 1, 1899, in terms of Law 3 of 1885. 2. The Landdrosts and the Mining Commissioners shall, however, prepare two lists of names of those Coolies or other Asiatic Natives who, for a considerable period, have traded in places other than the specified locations, and for whom it would consequently be difficult to remove their businesses within such a short period. On the one list shall be placed the names of Coolies or other Asiatic Natives to whom, in the opinion of the Landdrost or Mining Commissioner, at the utmost three months' postponement may be given, and on the second the names of those who may receive six months', thus respectively to April 1 and July 1 of 1899, in which to comply with the law. The Coolies or other Asiatic Natives must themselves ask for such postponement and give reasons therefor. 3. That should application thereanent be made, in order to assist the Coolies and other Asiatic traders, the question of reserving a piece of ground in the location as a bazaar, or for a covered building with shops, will be favourably considered. In connexion with the above, it is further notified that those Asiatics who consider that they do not fall within the pale of Law 3, 1885, either by virtue of their having entered into an agreement before that date which has not yet expired, or through their having obtained transfer of their property, shall communicate with the Landdrost or Mining Commissioner before January 1 in order that their case may be laid before the Government. India, 23-12-1898 1 The Notice appeared originally in Dutch. 19.TELEGRAM TO "INDIA" Gandhiji, as its Johannesburg correspondent, sent the following telegram to India in connection with the question of Locations: JOHANNESBURG, December 5, 1898 THE GOVERNMENT OF THE SOUTH AFRICAN REPUBLIC HAS PUBLISHED AND GIVEN NOTICE REQUIRING INDIANS TO RESIDE AND TRADE IN CERTAIN LOCATIONS ON AND AFTER JANUARY 1 NEXT. THEY EARNESTLY HOPE THAT ADVANTAGE WILL BE TAKEN OF THE VISIT OF THE CAPE HIGH COMMISSIONER TO ENGLAND TO ADVANCE THEIR CAUSE. THE PRESENT UNCERTAINTY IS CAUSING ANXIETY. India, 9-12-1898 20. BRIEF FOR COUNSEL'S OPINION Gandhiji's approach to the legal issues involved in the operation of the Dealer's Licenses Act is indicated by the following brief prepared by him. DURBAN, December 22, 1898 BRIEF FOR COUNSEL'S OPINION UNDER ACT 18 OF 1897 TO AMEND THE LAW RELATING TO LICENSES TO WHOLESALE AND RETAIL DEALERS. A Town Council issues secret or public instructions to the Licensing Officer appointed by it under the Act : 1. Not to grant licenses to Asiatics. 2. Not to grant licenses to certain persons. 3. Not to grant licenses to most of the Asiatic traders. Could the Supreme Court be moved by an intending applicant to direct the Town Council to appoint another officer and not in any way to interfere with such Officer's discretion? A Town Council appoints one of its permanent officials, as for instance, the Town Clerk, the Town Treasurer, the Chief Cashier. Could an intending applicant move the Supreme Court to direct the Town Council to appoint an absolutely independent person on the ground that the permanent officer would be so much under the influence of the Town Council that he could not be expected to give an unbiassed decision uninfluenced by the views of the Town Council, and on the ground that the intending applicant would practically be denied the right of approaching two separate tribunals-one original and the other appellate? A Licensing Officer, under the Act, refuses to issue a license to a person on the ground that he is an Indian. Could the Supreme Court be moved to tell the Officer that the fact of a person being an Indian is no reason for a refusal, and that he should reconsider his decision subject to that direction? If a Licensing Officer arbitrarily refuses to issue licenses to all the Indians or a majority of them, can be said to have used a discretion in either or both the cases? A person having applied for and been refused a license to trade carries on his trade without a license. He is tried for contravention of Section 9 of the Act, and convicted. He pays the penalty but continues to trade. Is the trading after the conviction, but during the statutory year, a fresh offence? Does a person trading without a license for so many days commit so many offences under the Act? What would be the procedure for collecting the fine? If the person convicted is bonded to another person and if the bond-holder takes possession, will the penalty be a preferent charge against the goods so bonded? (Note: All penalties recovered under the Act in respect of a business within a Township are payable to the funds of such Township.) Will it be competent for the Governor-in-Council to pass, under the last section of the Act, such rules as would control the discretion of the Licensing Officer, and make it practically obligatory on the Licensing Officer to issue licenses under certain conditions? M. K. GANDHI From the photostat of the handwritten original: S.N. 2904. 21. PETITION TO CHAMBERLAIN The manner in which the Dealers' Licenses Act was being operated in violation of the rights of Indians formed the subject of a representation to the Imperial Government which is given below. Gandhiji sent it with a covering letter addressed to the Natal Governor. Vide p. 50, infra. DURBAN, December 31, 1898. TO THE RIGHT HONOURABLE JOSEPH CHAMBERLAIN HER MAJESTY'S PRINCIPAL SECRETARY OF STATE FOR THE COLONIES LONDON THE HUMBLE PETITION OF THE UNDERSIGNED REPRESENTIG THE BRITISH INDIANS RESIDING IN THE COLONY OF NATAL HUMBLY SHEWETH, That your Petitioners hereby venture to approach Her Majesty's Government with reference to the Dealers' Licenses1 Act, against which your Petitioners unsuccessfully protested last year. Your Petitioners might have approached Her Majesty's Government earlier, but it was their intention, first, to watch the operation of the Act patiently for some time, and to see whether the fears anticipated in the memorial submitted to Her Majesty's Government embodying the above protest were well-founded or not; and, secondly, to exhaust all the resources available in the Colony, and to obtain a proper judicial interpretation of the Act. It is with great regret that your Petitioners have to record that the fears expressed in the memorial above referred to have been more than realised, and that the judicial interpretation has been given against the British Indians in the Colony. In a case, herein below referred to,2 Their Lordships of the Privy Council have decided that, from the decisions of the Town Councils or the Town Boards, there is no appeal to the Supreme Court of the Colony, under the above Act. This decision has paralysed the Indian traders. Consternation has seized hold of them, and there prevails amongst them a feeling of insecurity and a nervous fear as to what may happen during the ensuing year. The troubles the Indian community is passing through are numerous. The working of the Immigration Restriction Act, against which also your Petitioners ineffectually protested, is causing much vexation. Lately, the 1 The word licence is being spelt as in the original printed copy, sometimes with 'c' and sometimes with 's'. Both the spellings were current at that time. 2 Vide p. 33, infra Government have passed Rules under it whereby a fee of one pound is required from each person not being able to pass the tests imposed by the Act, and wishing to sojourn for from one day up to six weeks, or to pass through the Colony for the purposes of embarkation. While a memorial was being prepared in connection with these Rules and other matters arising out of the above Act, the decision of the Privy Council came upon the Indian community like a bomb-shell, and all the other troubles dwindled into comparative insignificance in the face of the awful future awaiting the Indian traders. It has, therefore, become absolutely necessary to give the first place to the Dealers' Licenses Act. The only hope of the Indian traders in Natal now lies in the relief that might be granted through the intervention of Her Majesty's Government. Your Petitioner dominions the same privileges and rights that are enjoyed by Her Majesty's other subjects, in virtue of the Proclamation of 1858, and more especially in the Colony of Natal, in virtue of the following statement in your pre-decessor's Despatch with reference to previous memorials, viz., "It is the desire of Her Majesty's Government that the Queen's Indian subjects should be treated upon a footing of equality with all Her Majesty's Government would be pleased to secure from the Colony of Natal, which owes its present prosperity to the indentured Indians, a fair treatment for the free Indians in the Colony. All over the world, whenever necessary, Indians soldiers have been fighting the battles of Great Britain, and Indian labourers have been opening up fresh fields for colonization. Only the other day, a Reuter's cablegram stated that Indian soldiers would be requisitioned to train up the natives in Rhodesia. Can it be that the fellow-countrymen of these soldiers and labourers are not to be allowed to earn an honest living in a portion of Her Majesty's dominions? And yet, as will appear hereinbelow, there is an organised attempt being made in the Colony of Natal not only to deny to the Indian traders the right of earning an honest living, but also to deprive them of such right which they have been enjoying for years past in the Colony; and the instrument whereby the European Colonists in Natal hope to achieve their purpose is the above Act. The Durban Town Council consists of eleven councillors, and is the premier Corporation in the Colony. Of these councillors, one is an avowed and out-and-out opponent of the Indians. He played a leading part in the Demonstration against the landing of the passengers on board the Courland and the Naderi early last year.2 He was noted for his most violent speeches. He has carried his hatred of the Indians into the portals of the Town Council, and has so far invariably, and irrespective of persons, opposed the granting of trade licences to Indians. As there are only two 1 Vide Vol. I, p. 201. 2 Vide Vol. II, p. 197, et. seq. classes of Europeans?the one violently against the Indians, and the other indifferent?this councillor, as a rule, carries the day before him whenever a matter concerning the Indians comes for disposal before the Council. The Licensing Officer appointed under the Act is a permanent officer of the Corporation, and is, therefore, in your Petitioners' humble opinion, more or less under the influence of the councillors. In a case presently to be referred to, Sir Walter Wragg, the first Puisne Judge, who was then acting for the Chief Justice, has thus observed about the danger of a permanent officer of a Town Council being appointed its Licensing Officer: It has been suggested to the Court that an officer so appointed must have a certain amount of bias in his mind, because he was an officer permanently under the Town Council, and must be in the Council's confidence. His lordship was not going to decide the matter on that point; but he could quite see that the Licensing Officer should be some person who was not in the Town Council service, and who was not in the confidence of the Council. (The Natal Witness, 31 March 1898.) This Licensing Officer examines the pecuniary position of applicants for licences, asks them questions as to their stock, capital, and generally inquires into their private affairs. He has made it a rule not to grant a trading licence to any Indian who has not before held such a licence in Durban, whether the applicant has held a licence elsewhere in the Colony or not, whether he is an old resident or a new arrival, whether he is an accomplished gentleman knowing English or an ordinary trader, and whether the premises in respect of which the licence is sought are suitable in every respect and have been before licensed or not. Somnath Maharaj, an Indian, early this year, applied for a licence to carry on a retail trade in the borough. His application was taken in. He was examined at length as to his position by the Licensing Officer. Nothing could be found against him. The Sanitary Inspector made a favourable report regarding the premises in which he intended to carry on his trade. The premises had just been vacated by an Indian storekeeper who had left for Johannesburg. The Licensing Officer, however, after having failed to find fault either with the person or with the premises, refused a licence without giving any reason for his decision. The matter was heard in appeal before the Town Council.1 It was proved that the applicant had served the Colony for five years under indenture, had been resident in the Colony for thirteen years as a free Indian, had by dint of perseverance raised himself to the position of a trader, had held a licence in Mooi River in the Colony over six years, had a cash capital of fifty pounds, held a piece of freehold land in the borough, had his dwelling house separate and some distance from the intended store, and had engaged the services of a European book-keeper to satisfy the requirements of the Law. There well-known European merchants certified as to his respectability and honest dealings. He was to trade in a locality mostly inhabited by Indians, and his custom was to be entirely Indian. Counsel for the 1 Vide "Somnath Maharaj Case", March 2, 1898. applicant asked for the Licensing Officer's reasons for refusal, as well as a copy of the record of the application. Both these applications were rejected, and the Licensing Officer's decision was upheld by the Town Council. An appeal to the Supreme Court was noted against the decision?not on its merits, for, that Court had already by this time decided by a majority that, in virtue of the Dealers' Licenses Act, it had no jurisdiction to hear license appeals on merits, but on grounds of irregularity: viz., that reasons were refused, that a copy of the record was withheld from applicant's counsel, and that the councillors with the Town Solicitor, the Town Clerk, and the Licensing Officer, while the appeal was being heard, retired for secret deliberation into a private room. The Supreme Court entertained the appeal, quashed the proceedings of the Town Council, with costs, in favour of the appellant, and directed as re-hearing. In giving the Court's decision, the Acting Chief Justice remarked : What struck one as being wrong in this case was that the copy of the record should be withheld. The application was made to the Council by the appellant for a copy of the record and reasons why the licence had been refused. There was nothing wrong in the application. It was one which, in the interests of justice, should have been granted. But it was refused. And when the appellant's counsel came before the Council, he was in the dark as to the record, and he did not know what was operating in the mind of the Licensing Officer. . . . . It seemed to him that the action of the Town Council in this case had been oppressive. . . . . It seemed to him that the refusal of both requests was unjudicial and an improper proceeding. (The Times of Natal, 30 March 1898.) Mr. Justice Mason : Considered the proceeding under appeal were a disgrace to the Town Council, and he did not hesitate to use this strong language. He considered under the circumstances that it was an abuse of words to say there had been an appeal to the Town Council. (The Times of Natal, 30 March 1898.) The appeal was reheard before the Town Council. This time a copy of the record was given; and when called upon to give further reasons for his refusal, the Licensing Officer stated : "that the applicant had no claim whatever upon Durban, as the class of trade he was engaged in was sufficiently provided for in the town and borough." The Officer's decision was however upheld, a councillor moving "that it was undesirable that the licence should be granted in view of the fact that the percentage of licences already granted was in excess of the requirements of the population." The Council took no notice of the facts that, only a few months before, there was a store-keeper in the premises sought to be licensed, that the store-keeper in the premises sought to be licensed, that the store-keeper had left Durban, that, therefore, there was no question of increasing the number of licences, and that the landlords, who are Indians and were also represented, had, too, a claim for consideration at the hands of the Council. The premises in question, which are only suitable for a store, have to this day remained practically vacant, causing a loss to the owners of £ 35 to date. Your Petitioners venture to annex hereto a report of the proceedings of the first hearing of the above appeal before the Town Council, which clearly shows its spirit. (Vide Appendix A.) Mahomed Majam & Co., applied to the Licensing Officer for a trade-licence, with respect to premises belonging to an Indian gentleman who owns large pieces of freehold property in Durban, and whose principal source of income is renting of his properties to tradesmen. The Licensing Officer refused to grant the licence for reasons similar to those given in the case above referred to. The landlord appealed to the Town Council against the decision of the Licensing Officer. The Town Council dismissed the appeal. As a consequence, he, the landlord, was compelled to reduce the rent of his property, and Mahomed Majam & Co., are reduced to poverty, and have to live entirely on the work of one of their partners who is a tinsmith. Hasam Mahomed is a hawker by profession. He has been hawker before in Durban. He went to he Licensing Officer, and from him to the Town Council, but was denied the privilege of hawking. He told the Council that to deny him that privilege was equivalent to asking him to court starvation. He had tried to earn his bread otherwise, but had failed, and was without capital to undertake anything else. He submitted to the Council that he did not come in competition with any European, that hawking was practically a speciality of the Indians who raised no objection to his getting the licence; but all these representations were of no avail. Mr. Dada Osman1 has been in the Colony for over fifteen years, has received a fairly good English education, was connected with the then premier Indian firm in South Africa, and has now a business in Umsinga in this Colony, and another in Vryheid in the Transvaal. This year he sent for his wife and children from India. As he could not find suitable society for his wife in either of the above places, and in order to meet the extra expense required owing to the arrival of his family, he intended to settle in Durban, so that he could supply his businesses upcountry with goods himself, and also do some business in Durban. So sure did he feel of securing the licence that he rented a spacious building in a principal street in Durban from a firm of Indian merchants at £ 11 per month, bought over £100 worth furniture, and approached the Licensing Officer who, as usual, thoroughly went into his affairs, tested his knowledge of English as well as of book-keeping, and after having required Mr. Dada Osman to appear before him thrice, declined to entertain his application. Both the landlord and he appealed against the decision. Required by the Town Council, the Licensing Officer gave the following reason: The Act 18 of 1897, as I understand, was passed with a view of placing some check on the issue of trading licences to certain classes of people, generally regarded as undesirables. And as I believe I am right in assuming that the applicant in question is one that would be included in that class, and moreover, as he has never before had a licence in Durban, I have felt it my duty to refuse his licence. It was thus, in this case, for the first time that the real reason for the refusal of so many licences was given in all its nakedness. A principal 1 Vide "Dada Osaman's Case", September 14, 1898. merchant of Durban, Mr. Alexander McWilliam, said in his evidence before the Council : I have known the applicant for a great number of years-12 or 14 years. I have dealt very largely with the applicant. He has owed me at times as much as £ 500. My dealings with him have been perfectly satisfactory. I found him to be a very good business man, and respectable. I have always been able to take his word for anything he says. . . As a rate-payer, I should have no objection to his getting a licence. I do not know whether he is capable of keeping books, but he can express himself well in English in writing. I should imagine from the way he writes here and the way he conducts his business he would be able to keep books. (handed in a letter written by applicant.) In addition to the facts related above about the applicant's position, the following was brought out in his (applicant's) evidence given in English: My private family expenses are about £20 per month, apart from the store. . . I have a house apart from the store. . . My house and store are lighted by electri-city. . . I deal with S. Butcher & Sons, Randles Brother & Hudson, H & T. McCubbin, L. Kehrmann, A. Fass & Co., M. Laurie, and others. I can write simple letters in English. I know book-keeping. I have kept books in Vryheid. I keep ledger, journal, day, cash, stock, account, and invoice books. I know the single and double entry systems. Mr. Abdool Kadir, the landlord, said: I am manager to the firm of M. C. Camroodeen & Co. . . The store (in question) was licensed before. I Timol, had a licence there. . . .I own 3 or 4 properties in Durban, of the total value of about £ 18,000 to £ 20,000 on the valuation roll. Most of this property I hire out to tenants. If Dada Osman does not get his licence, I shall lose rent. He is a very good tenant. . . I have known him a long time. He is living well. He has plenty of furniture in his house. . . .I am not satisfied with the decision of the Licensing Officer. The Council was reminded of the definition given by you to the Colonial Premiers,1 of "an undesirable person", viz., "It is not because a man is of a different colour from ourselves that he is necessarily an undesirable immigrant. But it is because he is dirty, or immoral, or a pauper, or has some other objection which could be defined by an Act of Parliament." But all this proved to be a mere cry in the wilderness. The Councillor, who had borne the Demonstration Committee's flag in 1897, and was ready to return "by force, if necessary" the Indian passengers on board the Courland and Naderi, "failed to be convinced" that the action of the Licensing Officer was an error, and moved that his decision be confirmed. No one would rise to second the motion, and for a moment it seemed as if the Town Council was ready to do justice. But Mr. Collins, another Councillor, came to the rescue, and seconded the motion in the following speech : He was not surprised that there was a great deal of reluctance on the part of the Council to refuse the licence. But he believed that the licence would be refused, and the reason was not because the applicant or the premises were unsuitable but because the applicant was an Indian. What Mr. Gandhi had said was perfectly true, and he (Mr. Collins) felt some relief in saying that most of these licences had been refused principally on the ground of the applicants being Indians. The 1 Vide Vol. II, p. 355. Council was placed in a very unhappy position in having to carry out a policy which in the discretion of Parliament was considered necessary. Parliament, representing the community of Natal, had come to the conclusion that it was un-desirable that the Indians should increase their hold on the trade of Durban. And it was on that account that they were practically called upon to refuse the licences which were not otherwise objectionable. Personally, he considered the refusal of the licence a grievance to the applicant who was a most suitable person to appear before the Council to ask for a licence. But it had been found expedient as a matter of Colonial policy, that these licences should not be increased. (The Natal Advertiser, 13 September, 1891.)1 It may be here remarked that Mr. Collins holds a prominent position among the public men of Natal. He has often occupied the position of the Deputy Mayor, and has more than once acted for the Mayor. Coming as it did from such a source, the pronouncement was most painful, if also equally important. It is respectfully submitted that the Natal Legislature, if the then Prime Minister correctly voiced its feeling, never meant, as it would appear later, to go the length Mr. Collins did. The intention of the Legislature was to prevent new comers-by no means all new comers?being Indians, from obtaining licences; and your Petitioners venture to feel certain that, had the view taken by Mr. Collins of the Act been placed before Her Majesty's Government, it would never have received the Royal assent. Mr. Collins evidently seems to think that the Parliament represents only the European community of Natal. Your Petitioners can only say that it is lamentable, if it is true. The Indians were told differently when the attempt was made to disfranchise them entirely. Again, Mr. Collins thought the granting of the licence in question would mean an increase; as a matter of fact, the premises sought to be licensed had been licensed for the year; they had become vacant as the licence holder had suffered misfortune and stopped business. The present applicant, therefore, would not have added to the number of licence-holders in the borough. Mr. Labistour, another Councillor, and a prominent local Advocate was so disgusted with the whole procedure that he thus gave vent to his sentiments: He had purposely refrained from attending the meeting owing to the anomalous policy pursued in appeals of that kind. He disagreed with the dirty work they (councillors) were called upon to do. If the burgesses wished all such licences stopped, there was a clean way of going about the matter: viz., getting the Legislative Assembly to enact a measure against the granting of licences to the Indian community. But, sitting as a Court of Appeal, unless there were good grounds to the contrary, the licence should be granted. (ibid.) Mr. Labistour having, as he said, come purposely late could not vote, and the motion was carried unanimously, and the appeal dismissed. In your Petitioners' humble opinion, it is almost impossible to imagine a stronger case than the above, or greater injustice than that done by the Durban Town Council?a Town Council of a British Colony?sitting 1 The date appears to be a misprint in the original printed copy. Vide "Dada Osman's Case", September 14, 1898. in appeal as a judicial body. It has put a premium upon insanitation and questionable trade practices. What incentives could your Petitioners hold out to the weaker members of the Indian community? They, the weaker members, might say: "You ask us to adopt the modern sanitary methods, and live better; and you promise that the Government would deal fairly by us : we don't believe this. Does not your Dada Osman live as well as any European on the same platform? Has that meant anything to the Town Council? No; whether we live well or live ill, we would fare neither better nor worse." The European Colonists have been proclaiming that they would have no objection to respectable Indians living in the modern style. Your Petitioners have always contended that the objection on the ground of alleged insanitatiton is a mere fiction, and the Durban Town Council, it would appear, has proved the contention. The Newcastle Town Council has, however, gone one better than the Durban body. Its Licensing Officer, apparently acting under orders, refused to grant the licences this year, under the Act, to each and every one of the eight Indian store-keepers that had held the licence last year. Such a wholesale refusal struck terror in the hearts of the Indian traders in the Colony. Suspension of the trade of these storekeepers would have not only ruined them and their dependants, but would also have resulted in the collapse of some houses in Durban which support them. The assets of these men were then estimated at over ten thousand pounds, and hands directly dependent on them were over forty. At great expense, therefore, Mr. Laughton, a leading Advocate, was engaged to carry the appeal to the Town Council; and, as a result, six licences out of nine (held by eight storekeepers) were granted. The remaining three, having been refused, the three holders thereof appealed to the Supreme Court which, by a majority, threw out the appeal on the ground that, in virtue of Section 5 of the Act, it had no jurisdiction to entertain it. As the matter was very important, and as the Chief Justice dissented from the other two Judges and favoured the contention of the appellants, the matter was taken to the Privy Council. A cablegram from the appellants' Solicitors in London states that the appeal has been lost. It must in justice be said that the Newcastle Town Council has been gracious enough to allow the three storekeepers, pending the appeal, to continue their trade. Its policy, however, is unmistakable. It would have wiped out the Indian from Newcastle if it could have done so with decency, and without stir, regard-less of the consequence to the parties affected. The reasons given by the Licensing Officer for his refusal were the same with reference to all the above licences : viz., "The report framed by the Sanitary Inspector in terms of Sec.4 of the Rules under Act 18 of 1897, in connection with this application being of an unfavourable nature, and the premises not being fit for the intended trade, as required by Sec. 8 of the Act referred to, the application was refused by me." None of the applicants knew anything about the Sanitary Inspector's report, or the Licensing Officer's reasons before their licences were refused; nor were they asked to make any improvements or alterations in their premises. The reasons were furnished by the Licensing Officer only after he was required so to do by the Town Council when the matter came before it in appeal. After the three applicants were refused their licences, and they came to know why the licences were refused, they offered at once to make such alterations in their premises as the Sanitary Inspector may suggest; but the Licensing Officer would not hear of it, and declined to entertain their applications on the ground that the Town Council had already decided to sustain his previous decision. (Vide Appendix B.) It may be here remarked that the applicants never admitted that their premises were in an insanitary condition, and had produced medical evidence to prove that the premises were in a satisfactory condition. Your Petitioners attach hereto (vide Appendix C) an extract from the Record of Proceedings before the Town Council, which would show more fully the case for the three applicants. The Newcastle Town Council consists of 8 councillors?a medical practitoner, a solicitor, a carpenter, a canteen keeper, a miner, a bookseller and two store-keepers. The Licensing Officer is also the Town Clerk who would be the Clerk of the Court when the Town Council sits in appeal against the decision of the Licensing Officer. The Dundee Local Board, however, promises to outdo both the Durban and the Newcastle Town Councils. In November last, a trade licence was granted by the Licensing Officer to a Chinaman, and a majority of the rate-payers appealed against the decision of that officer. The Local Board, by a majority of 3 to 2, cancelled the licence solely on the ground that the applicant belonged to the Chinese nationality. The applicant's solicitor, in his notice to the Local Board of Appeal against its decision, recited the following grounds of appeal: (1) That your Board, by reason of certain of the members on it being mer-chants and storekeepers and holders of retail licences, was unable and could not possibly deal with the subject matter of appeal without prejudice to Hoi-Lee & Co.'s interests. (2) That the constitution of your Board was such that several of the members of it were personally and directly interested pecuniarily in the refusal of the retail licence to Hoi-Lee & Co., and should not therefore have sat on your Board and voted on the question. (3) That certain members of your Board who sat showed personal animus and bias against the firm of Hoi-Lee & Co., on account of the members being natives of China, and one in particular stated: "I would not even give a Chinaman the chance of a dog." (4) That no evidence or legal proof was adduced by the appellant rate-payers that Hoi-Lee & Co. were undesirable persons to have in the community. (5) That no evidence or legal proof was adduced by the appellant rate-payers that the premises that had been licensed by the Licensing Officer were totally unfit and unsuitable for business purposes, pending erection of the premises agreed to be erected by the landlord under his lease with the said Hoi-Lee & Co. (6) That the decision and resolution of the Board was inequitable and unjust both in Equity and Law. What happened to the Chinaman who appears, from the record of the case, to be a British subject, is not unlikely to happen in the case of the Indians. The Supreme Court refused to entertain the appeal in the above case in virtue of the decision in the Newcastle case referred to above. In November last, a meeting was convened by the Chairman of the Dundee Local Board at the request of the rate-payers "to discuss the advisability of allowing Asiatics to trade in the township". There are at present about ten Indian stores in Dundee. The following extract from the proceedings of the meeting would show how the Local Board proposes to deal with them next year: Mr. C. G. Wilson (the Chinaman of the Local Board) made a very good impression with his remarks. He defended the action of the Board in all matters, and said it was their endeavour, if possible, to rid the town of the Asiatic curse. They were not only a curse here, but to the whole Colony of Natal. He assured the meeting that their actions in the case of the Chinaman were disinterested and unbiased, and they honestly did what they thought to be their duty to the towns, by cancelling the licence. He hoped they (the rate-payers) would show, by strongly expressing their opinions, that they meant to abolish this curse. Mr. W. L. Oldacre (a member of the Board) said that he and other members of the Board did what they thought to be right; and assured the meeting that there was no bias attached to its proceedings, and they could depend upon him doing his duty as a member of the Board. Mr. S. Jones then proposed that the Local Board do all its power to prevent the granting of further licences to undesirables; that the Licensing Officer also be instructed to this effect; and that steps be taken to cancel as many of these licences as possible. This proposition was unanimously carried, amidst cheers. Mr. C. G. Wilson wished to thank the meeting for the decision arrived at, as it had greatly strengthened the hands of the Board, who could act upon the decision of the meeting. Several other gentlemen having spoken, Mr. Hastings proposed that the Town Clerk and Licensing Officer should be two separate persons. Mr. Wilson said he was of opinion that it would be far better to have the officers remain as at present; then if the Licensing Officer did not act as the Board did in matters such as these, they had their remedy. (The Natal Witness, 26 November 1898.) The undesirables referred to in the proceeding extract are, of course, the British Indian traders of Dundee. Here there is a frank avowal of the policy the Dundee Local Board, intend to pursue. The Licensing Officer has received, and is still further to receive, from the appellate body created by the Act, instructions as to what he is to do; and thus, the aggrieved parties are to be deprived of the right of placing their case before two tribunals contemplated by the Act : viz., the Licensing Officer and the Town Council or the Local Board, as the case may be. These are only some of the instances that have come under your Petitioners' notice which conclusively indicate the policy the various Town Councils and Local Boards would pursue if unchecked. Your Petitioners are free to acknowledge that the other Town Councils and Local Boards do not appear as yet to have shown any desire to act in an oppressive manner; though there, too, it is practically impossible to obtain new licences even for old established Indians. The power, your Petitioners were almost going to say, the despotic power, given to them under the Act is there, and there is no guarantee that they will not copy the example set them by Durban, Newcastle, and Dundee. In order to ascertain the views of the solicitors who have had anything to do with the working of the Act, a letter1 was addressed to them asking them to be good enough to give their experience of its working. Three out of the four gentlemen to whom the communication was sent, have returned their replies which are hereto attached. (Vide App. D, E, F.) Mr. Laughton, who dealt with the Newcastle and the Chinaman's cases, as also with that of Somnath Maharaj referred to above, remarks : I regard the Dealers' Licences Act a very discreditable and dishonest piece of legislation. Dishonest and discreditable, because no secret was made that it was intended to apply to Indians and to them alone. Indeed, it was passed at a session of Parliament called about a month earlier than otherwise it would have been, as a concession to an anti-Indian mob and yet, in order to gain the approval of the Secretary of State, the Act is made to apply to all. The effect of the Act is to place in the hands of the declared enemies of Indian traders the power to grant or refuse trade licences; the consequence is as might be expected, and we all feel humiliated at what we see, whether we admit it or not. Mr. O'Hea, another gentleman, who is also the Honorary Secretary of the Colonial Patriotic Union, whose avowed object is to prevent the further influx of Asiatics, says : I do not think that this Law is being administered in accordance with the spirit of the Legislature. The then Prime Minister who introduced the Bill said its main object was to affect those persons dealt with under the Immigration Bill. Ships would not bring those persons if they knew they would not be landed; and the people would not come here to trade if they could not get licences. I had a case in point not long ago. A man of Chinese nationality, who had been thirteen years in the Colony, was refused a licence for no other reason, I am convinced, than because he was a Chinaman. The statistics of Durban show that the town has more than doubled in extent and population within the past ten years; and yet, this man who had linked his fortunes with the Colony, a man of unblemished character-who arrived when there were only about 40 human beings for every 100 there are today--this man's character and long residence were ignored, and a means of earning an honest living in Durban was denied him. In like manner, I have seen that in Newcastle an Indian, who had been 15 years resident in Natal, was refused a licence which would have been granted to a European if he had been the applicant. This is not as it ought to be. Messrs. Renaud & Robinson say, among other things: But to our mind the principal defect in the present Act is that, no appeal being allowed from the Town Council's decision, injustice has been done and is likely to be done to applicants for licences. While this was in print, Mr. C. A. de R. Labistour's opinion was received, which is annexed hereto (vide Appendix G.)2 "Consistency", a correspondent of The Times of Natal (believed to be the Government organ), who, it would appear from his letter (vide Appendix H), is a Colonist of over 20 years' standing, and a merchant, says: 1 This is not available. 2 Vide p. 46, infra By all means make them (Indian traders) adhere to the strictest sanitary regulations, keep their books in English, and otherwise do as English traders do: but when they have met these demands, give them justice. No honest thinking man can say that the new Bill give these people justice, or the community justice, because it puts into the hands of interested parties the power to push out competition which is beneficial to the multitude and enables these interested parties to fill their own pockets. . . . I saw in one of your contemporaries, the other day, that the Dundee Local Board had resolved not to renew any Arab licences for the coming year, and had instructed the Licensing Officer accordingly. These men are the English merchants, and wish all the business to themselves, when the public will have to pay them any prices they ask. Surely it is time the Government gave these men the limit. The Times of Natal, dated the 21st December, 1898, after dealing with the above letter, and justifying its opposition to the Indian traders on the ground of self-preservation, observes : At the same time, we are far from desiring that these Indian traders should be treated harshly. . . . We do not believe, however, that any considerable number of Colonists wish to see the powers given under these laws used oppressively. If it be true, as reported, that the Dundee Local Board has resolved not to renew any Indian licences for the coming year, we would strongly urge upon the Board, in the interests of its own rate-payers and in the interests of the Colony generally, to rescind that resolution forthwith. The Board has power to refuse the renewal of these licenses, but it was never contemplated for a moment that this power would be exercised in this wholesale manner. Mr. Escombe was responsible for the Traders' Licenses Act, and he never dreamt that the power it confers would be used in this way. The Act was passed, not so much with a view to enabling the licensing bodies to deal with the Indians already trading in the Colony, as to prevent others coming here to trade. In moving the second reading of the measure, Mr. Escombe explained that it was introduced at the request of the Town Councils, and said: "There is no hesitation on their part in saying what their object is, and there is no objection on the part of the Government in admitting their proposal, to prevent certain persons coming to this country to compete with Europeans on unequal terms, and getting the licences to trade which are required by the Europeans." Again, "No people will come here to trade if they think there is a doubt as to their having a license. So that, if the law is in the book, it will answer without much application." It will thus be seen that while the Act gives extensive powers, the Minister responsible for it relied on the moral effect its existence would have, rather than upon the application of its provisions, to effect his purpose. This purpose was not to deprive traders already here of their licences, but to prevent others coming here and getting licences. It was not expected that the Boards and Councils, which were appointed courts of appeal under this Act, would misuse their powers as the Dundee Board threatens to do. Said Mr. Escombe, in replying to the debate on the second reading: "I have got no doubt that this Bill in principle can only be warranted by the serious danger threatening this land. But I have got that belief in the fairness of the municipal authorities and of the Colony that I believe this Bill will be administered with what I call justice and moderation." The Dundee Board will do well to note those words, for so sure as it exercises its powers in the wholesale manner now proposed, so sure will it defeat the end we all have in view. By all means let the undesirables be weeded out, but the process must be very gradual, so as to accomplish what is desired without inflicting any great injustice. It may be said: "There is the Act, and we will enforce it." Yes, there is the Act, but how long will the Act be there if injustice is inflicted under it? The fact that a very large number of voters draw on India for their labour supply must not be lost sight of, for in it the Indian Government have the means of screwing a good deal more out of this Colony than many realise. Suppose the Indian Government were to say, "You cannot have more labour until you repeal that Act under which our people have been grossly ill-treated," what would be the result? We do not care to speculate on this. If Local Boards, Town Councils and Licensing Boards are wise, they will never do anything to put the employers of Indian labour to such a trial. Your Petitioners offer no apology for having given the long extract, as it is very important, not only because of its source, but also because of the manner in which the subject has been dealt with. The good intentions of the Legislature are not in the Act itself, though they might have been reproduced therein, which would have spared the Indian traders the anxiety as to their bread being suddenly snatched from their mouths. The Government organ has betrayed itself into an admission which is entirely inconsistent with its own admonition to the Dundee Local Board, and seems to be an insidious hint to the Board as to how they can achieve their end without attracting notice; for it too would have the undesirables "weeded out" by a "very gradual process". How can this attitude be compatible with the desire not to touch those that are already established? What the Dundee Board may fail to accomplish owing, to use the expression of the then Prime Minister, to their "brutal frankness," The Times would have them accomplish indirectly and diplomatically so as to keep the real aim in the background. A correspondent of The Natal Mercury (14 December, 1898) signing himself 'A Colonist of close upon 20 years', thus writes: Sir: I notice in your paper of today a letter from Newcastle, stating that the mighty Corporation of that town had won their case brought against them by one Vawda, to whom they had refused a license, and giving the information that the result will be welcome throughout the Colony. Vawda is an Indian who has been trading in Newcatle for the past 15 years, during which time he has been a good citizen; but, unfortunately for him, he has also been a successful merchant, a fact which evidently the members of the Licensing Board in Newcatle, who are merchants themselves, don't like. That the Corporation can be congratulated upon such a miserable misconstruction of their powers, or that the decision of the Privy Council will be welcomed by fair-minded people in Natal, is questionable. ?I am etc. A Colonial of close upon 20 years. The Transvaal Government has been trying to remove the Indians to Locations; but even they are willing to give some time, however inadequate, to the Indians in order to enable them to remove their businesses without in their view incurring loss. Her Majesty's Government are naturally not satisfied with such a meagre concession, and it is within your Petitioners' knowledge that an attempt is being made to induce that Government not to interfere with those that are already established. The Government of the Orange Free State, though quite independent, gave a year's notice to the Indian traders to close their businesses. The Colony of Natal which boasts of its being the most British Colony in South Africa, has acquired the power to deprive the Indian traders abruptly of the right of trading, and has attempted and threatens to exercise that power. The Natal Advertiser (dated 13 December, 1898) thus notices the anomaly : . . .We can only say that we deeply regret the decision (of the Privy Council) . . . . .It is an Act which might have been expected from the Transvaal Raad. That body, in the Aliens Expulsion Law, has ousted the jurisdiction of the High Court, and our readers will remember the outcry raised about it in the Colonies. But it is not one whit worse than this Act; indeed, if there is any difference, ours is the worse, because it is likely to be much more frequently enforced. It is absurd to say that the Act would not have been effective if right of appeal to the Supreme Court had been allowed; surely, that body could be trusted to exercise common sense. . . . . Far better, indeed, that in one or two cases the latter (the desire of the municipalities) should have been overruled than that the principle should be laid down in a self-governing community under representative institutions that, in any case affecting the rights of the citizen, recourse to the highest judicial body in the State should be deliberately barred. Your Petitioners very much fear that the Government of the Colony are not likely to help your Petitioners. The Rules (vide Appendix I) that have been passed under the Act, regulating the mode of obtaining licences and appeals from the Licensing Officer have, in your Petitioners' humble opinion, been framed in a manner to strengthen the Licensing Officer and the appellate body in the arbitrary powers given to them. It is but fair to state here that they were passed in September 1897; your Petitioners, however, had hoped that the Colony having been invested with powers of exceptional severity, the Indian community could be allowed to have some rest, and that, in isolated cases of hardship, they would be able to obtain redress without the necessity of approaching Her Majesty's Government. That belief was strengthened by a speech made by the late Premier after his return from London, expressing the hope that those powers would be judiciously and moderately exercised. Unfortunately, this had not been the case. It is for that reason that your Petitioners raise objections to the Rules over a year after their publication. Be that, however, as it may, you Petitioner submit that the absence of any provision made in the Rules as to requiring the Licensing Officer to furnish reasons for his decision to the applicant, has worked much mischief. So it struck Mr. Collins also (Appendix A). What your Petitioners fear most is the process of gradual weeding out referred to above. Those on the spot understand the process only too well. Many small storekeepers have been weeded out this year : some because they, having hardly a gross out-turn of ten pounds per month, buying cash and selling cash, could not afford to keep any books at all, as is not unoften done even among small European storekeepers; and some because they could not afford to comply with the requirements of the Sanitary Inspector having connection, not with the cleanliness of the premises, but with their structural arrangements. If the Licensing authorities were, year by year, to wipe out some small Indian storekeepers, it would not require many years to bring down the larger houses without their having to refuse their licences. Messrs. Mahomed Cassim Camroodeen & Co., the first signatories hereto, for instance, have outstanding debts among nearly 400 Indian storekeepers and hawkers in Natal, to the extent of over £ 25,000; and own landed property in Durban tenanted by Indian storekeepers. If one-eighth of these storekeepers were to be refused their licences, the firm's position would be damaged. They have already felt the pinch. They had to suffer owing to the refusal of the licence to Mr. Dada Osman (above referred to). Mr. Amod Jeewa owns properties in Estcourt, Dundee, Newcastle and Durban, which are almost entirely tenanted by Indian storekeepers, and most of which can be used for no other purpose. The shutting up of only a few of the businesses would mean practical ruin. These are but typical instances which can be multiplied. Your Petitioners have been taught to believe from their infancy that in all Her Majesty's dominions there is absolute security of life and property. So far as the latter is concerned, that belief has received a rude shaking in this Colony : for, to be deprived of the means of making the only use available of one's property is, your Petitioners humbly submit, little less than total deprivation thereof. It has been suggested that in self-governing Colonies Her Majesty's power of interference is very limited. However limited it may be, your Petitioners venture to think that it is not less for the self-governing Colonies than for the Transvaal. Unfortunately, your Petitioners have to face an Act which has already been approved of by Her Majesty. But your Petitioners apprehend that, when Her Majesty was advised not to exercise the power of disallowing the Act, it was little thought that the powers given thereby would be so abused as, it is submitted, they have been. Your Petitioners submit, with the greatest deference, that sufficient has been shown above to justify a strong remonstrance and advice to the Government of the Colony to so amend the Act as to render a recurrence of the injustice described above impossible, and thus to bring the Act in harmony with the noble British traditions. But if this be not possible, your Petitioners humbly venture to submit that the Colony should no longer be allowed to enjoy the privilege of using Indian labour which is acknowledged to be indispensable for its advancement. The Times of Natal, in the extract quoted above, anticipates a withdrawal of the supply of the indentured labour from India in the event of injustice being done by Licensing authorities. The Times (London), the East India Association, Sir Lepel Griffin,1 Dr. Gust, the prominent bodies in India, and the entire Anglo-Indian and Indian Press have already suggested that remedy; but so far Her Majesty's Government do not appear to have been pleased to accept it. Your Petitioners humbly submit that it is impossible to make out a stronger case than herein for such withdrawal, failing redress of acknowledged grievances. How the next year will open for the Indian traders your Petitioners do not know. Every storekeeper is, however, in a state of feverish anxiety. The suspense is dreadful. The larger houses, fearing that their customers 1 1838-1908; Indian Civil servant and administrator; Chairman of the East India Association from 1891 till his death. (small storekeepers) might be refused their licences, and having the only hope that they had of securing some check on the Licensing authorities taken away from them by their lordships of the Privy Council, have become despondent and hesitate to clear their goods. Your Petitioners, therefore, respectfully venture to hope that your Petitioners' prayer will receive the early attention of Her Majesty's Government. And for this act of justice and mercy, your Petitioners, as in duty bound, shall ever pray, etc., etc., etc. MOHAMMED CASSIM CAMRODDEEN & CO. AND OTHERS APPENDIX A This was a report of the proceedings of the Somnath Maharaj Case as published in The Natal Mercury of 3-3-1898, which has been given in its chronological sequence, at p. 2, supra. APPENDIX B (Copy) NEWCASTLE, January 11th , 1898 THE TOWN CLERK NEWCASTLE DEAR SIR : I am instructed to forward to you the enclosed Applications for Retail Shop Licenses on behalf of Suleiman Ebrahim, Sajad Meajan, and Abdool Rassool. These Licenses were refused by you last month, on the ground, as I understand, that you did not consider the Report of the Sanitary Inspector to be sufficiently favourable, and I am now directed to inform you that, with the object of obtaining renewal of the Licenses, my Clients will use every endeavour to meet the objection by carrying out such alterations as may be recommended by the Sanitary Inspector. In the case of Sajad Meajan, I understand that alterations have been made since the inspection by the Sanitary Inspector in December, and these alterations will, I believe, remove any objections which previously existed. In the other two cases, I desire, if it should meet with your approval, to accompany the Sanitary Inspector on his visit, and to take a note of any objections he may make, with the object of rectifying any deficiency. I trust that my Clients will be able to satisfy you, as the refusal of Licenses is of very serious consequence to them. I am, Sir, Your obedient servant (Sd.) W. A. VANDERPLANK ATTORNEY FOR SULEMAN EBRAHIM, SAJAD MEAJAN, & ABDOOL RASSOOL. A reply similar to the following was returned in each case. The application of S. E. Vavda under date 15th December 1897, for a Retail Shop License in name of Suleiman Ebrahim for premises at Erf 37, Murchison St. . . having been refused by me, and my decision thereon upheld by the Town Council on Appeal, on the 8th January, 1898, the annexed application is refused. (Sd.) T. MACKILHCAN LICENSING OFFICER BOROUGH OF NEWCASTLE APPENDIX C Extract from a certified copy of the minutes of special meeting of the Town Council of the Borough of Newcastle held in the Council Chamber on Saturday, January [8], 1898, to hear the appeals against the decisions of the borough Licensing Officer appointed under Act No. 18 of 1897, with reference to the applications of S. E. Vavda (two licenses), Abdool Rassool and Sajad Meajan?license to Vavda with reference to Erf 37, Murchison Street, and the licenses to Abdool Rassool and Sajad Meajan refused both by the Licensing Officer and the Town Council on appeal : At the outset Mr. Laughton desires that his protest should be recorded against any officer of the council being appointed to fill the position of Licensing Officer under Act 18 of 1897, and addresses the Council in support thereof. APPEALS Suleiman Essop Vavda, Applications Nos. 20, 21?1898. Mr. Laughton reads notice to applicant from Licensing Officer dated the 23rd December 1897, and Sanitary Inspector's report, viz. : SANITARY REPORT I inspected the premises at 37 Murchison Street sought to be licensed as a Retail Shop, and like all Arab's premises are badly ventilated, otherwise the building is in fairly good condition; found them busily fitting up bedroom but communication at present between store and bedroom direct. Great efforts have been made to make the building look clean and fit in view of anticipated inspection, one good resulting from the provisions of the Licensing Law. (Signed) JAS MACDONALD SANITARY INSPECTOR and, Licensing Officer's decision, and reasons on application for license for premises at Erf 37, Murchison Street and contended that the Sanitary Inspector's report was satisfactory and that, if not, the license might be issued conditionally. Mr. Laughton further read notice to applicant dated 23rd December, 1897, Sanitary Inspector's Report, viz., : SANITARY REPORT SULEIMAN ESSOP VAVDA The premises sought to be licensed in this case are situated at the corner of Scott and Allan Street, a conspicuous part of the town. The bedroom for assistants is the small store adjoining. The Applicant himself is living behind the large store. The store premises are commodious but like others badly ventilated. The yard premises are small and cramped where it is crowded by kitchen, bathroom and closet. Three of the assistants now sleep on the premises recently acquired by Applicant at 36 Scott Street. Otherwise, the bedroom accommodation attached to the store would be insufficient and unsanitary. (Signed) JAS MACDONALD SANITARY INSPECTOR December 15, 1897 and Licensing Officer's reasons on the application for licence for premises at Erf 33, Scott Street, and called Suleiman Ebrahim Vavda, who, duly sworn, stated : I am the applicant for licenses for premises at 37 Murchison Street, and 33 Scott Street, where I carry on business. I held three licenses last year, but only apply for two this year. I have been in Natal about 17 years and in Newcastle 10 years. I have held a license for 37 Murchison Street for seven years and for 33 Scott Street for about five years. The value of the stock in the two stores in about £ 4,500; the value of the outstanding liabilities due to the firm is about £ 700. I hold 37 Murchison Street on monthly tenancy and the lease of 33 Scott Street expires in six months' time. [Questioned] By the Mayor : I and Mahomed Essop Tomor are in partnership and have separately conducted the business in the same name. APPEAL Abdool Rassool. Application No. 9?1898. Mr. Laughton read letter to applicant from Licensing Officer dated 23rd December, 1897, Licensing Officer's decision and reasons and sanitary report, viz : SANITARY REPORT I examined the premises referred to in application which is a small store in decayed condition. No direct communication with bedroom, occupied solely by Applicant?and is kept fairly clean. Applicant is in the fruit trade which would probably form part of his business at this store-a feature that might have a different bearing on the sanitary condition of the premises under consideration, a month hence. Formerly the Applicant occupied a small store next to Mahomed Saffee's as a fruit shop. (Signed) JAS. MACDONALD SANITARY INSPECTOR and quoting section 8 of Act No. 18 of 1897, contended that the sanitary report did not show that the premises were unfit for the intended trade. He called Abdool Rassool who, being duly sworn, stated : I am the applicant for the license. I have been in the Colony about ten years and in Newcastle about 8 years. I have held a license for three years, two years at the fruit shop, 42 Scott Street, and one year at the present store. Neither the inspecting officer not any other officer of the borough has pointed out any objection to the premises to me. I do not know why my license was refused. The Licensing Officer has never been inside my premises. I have made no alterations since the inspecting officer visited my premises. The value of my stock is about £ 400. [Questioned[ By Councillor Hastie : I have occupied the present premises for about one year. APPEAL Sajad Meajan. Application No. 10-1898. Mr. Laughton read Sanitary Inspector's report, viz., : SANITARY REPORT I examined the premises sought to be licensed as a Retail Shop at 36 Murchison Street. The Premises are in a most unsanitary and filthy condition and have direct communication with bedroom occupied by himself, wife, daughter, and assistant. (Signed) JAS. MACDONALD SANITARY INSPECTOR and submits Licensing Officer's decision and reasons and letter from the Licensing Officer to the applicant dated 23rd December 1897. He further calls Sajad Meajan who, being duly sworn, stated : I am the applicant for the license. I have been in Natal seven years and in Newcastle seven years. I have held a corporation license for five years for the same premises. Since making the application for my license the sanitary inspector or other officer of the corporation has not pointed out to me why a license was refused to me. I do not know why the license was refused. Since making my application the Licensing Officer has not inspected my premises. The value of my stock is about £ 600. I, my wife, my daughter, and assistant do not occupy one bedroom as stated in the Sanitary Inspector's Report, nor did they at the date of the report. The assistant occupies a separate room. I have made alterations in the premises since the date of the report. The closet has been removed to the far corner of my plot of ground. I was not aware that the premises were in a filthy condition at the date of the report and was not informed so at the time by the inspector. [Questioned] By Councillor Kemp : I made alterations myself without being told to do so. Charles O'Grady Gubbins on further oath states : I inspected Sajad Meajan's premises today and found them in a satisfactory condition. There are two bedrooms very clean, and boarded, lined and ceiled. From a sanitary point of view I do not think the license should be refused. [Questioned] By Councillor Hastie : I do not know how many occupy the bedrooms. The measurements of the rooms are 17'×12' and the second 11' × 12' and 10' high. Note :?The reasons of the Licensing Officer appear in the body of the memorial. Sajad Meajan has since, the creditors having stopped custom, become insolvent. APPENDIX D DURBAN, 24 Dec. 1898 M. K. GANDHI, ESQ. DEAR SIR, I have your letter1 of yesterday. I regard the "Dealers' Licenses Act" as a very discreditable and dishonest piece of legislation. Dishonest and discreditable because no secret was made that it was intended to apply to Indians and to them alone; indeed it was passed at a session of Parliament called about a month earlier than otherwise it would have been as a concession to an anti-Indian mob, and yet, in order to gain the approval of the Secretary of State, the Act is made to apply to all. The effect of the Act is to place in the hands of the declared enemies of Indian traders the power to grant or refuse trade licences; the consequence is as might be expected and we all feel humiliated at what we see, whether we admit it or not. Yours very truly, F. A. LAUGHTON 1 T his letter is not available. APPENDIX E 39 GARDINER STREET, DURBAN, December, 23rd 1898 M. K. GANDHI, ESQ. 14 MERCURY LANE DURBAN DEAR SIR, RE : DEALERS' LICENSES ACT In reply to your letter of this day's date, I do not think that this Law is being administered in accordance with the spirit of the Legislature. The then Prime Minister who introduced the Bill said : "Its main object was to affect those persons dealt with under the Immigration Bill. Ships would not bring those persons if they knew they would not be landed; and the people would not come here to trade if they knew they could not get Licences." I had a case in point not long ago. A man of Chinese nationality who had been thirteen years in the Colony was refused a Licence for no other reason, I am convinced, than because he was a Chinaman. The statistics of Durban show that the Town has more than doubled in extent and population within the past ten years; and yet this man who had linked his fortunes with the Colony?a man of unblemished character?who arrived when there was only about 40 human beings for every 100 there are today : this man's character and long residence were ignored, and a means of earning an honest living in Durban denied him. In like manner, I have seen that in Newcastle an Indian, who had been 15 years resident in Natal, was refused a Licence which would have been granted to a European if he had been the applicant. This is not as it ought to be. Yours faithfully, P. O'HEA APPENDIX F 3, 4, AND 5, POYNTON'S BUILDINGS, GARDINER STREET, DURBAN, 31st Dec. 1898 M. K. GANDHI, ESQ. ADVOCATE DEAR SIR, In reply to your letter of the 23rd inst. re. Dealers' Licenses Act. We prefer to say nothing on the political aspect of the question. We are of opinion that the Licensing Officer should be appointed from outside the permanent staff of the Town Councils or the Local Boards, as the case may be. There should be an Appeal from his decision to the Town Council and from theirs to the Supreme Court. We think that compensation should be awarded to landlords who by reason of the operation of the Act have lost their tenants. There are several matters of minor importance which we think might be improved, but to our mind the principal defect in the present Act is that, no appeal being allowed from the Town Council's decision, injustice has been done and is likely to be done to applicants for licences. Yours faithfully, RENAUD & ROBINSON APPENDIX G 23 FIELD ST. BUILDINGS, DURBAN, NATAL 4 th Jany. 1899 M. K. GANDHI, ESQ. DURBAN DEAR SIR, Referring to our interview of this date on the subject of the Licensing Act 18 / 97, I can only state that, from my experience, the same, although not so expressed, is only intended to apply to Indians and Chinese-at any rate, it appears to me to be so. I have made several applications to the Licensing Officer for new licences which have been rejected without reasons being given therefor, and on appeals to the Town Council I have invariably found that body uphold the Licensing Officer's decision, without previously calling upon him to furnish his reasons for such refusal. I have not tried to ascertain the number of licences refused to Europeans, but I am inclined to believe they were only refused to those whose character, & c. did not justify them holding one. Yours faithfully, C. A. DE. R. LABISTOUR P. S. The most inequitable part of the Act is that which precludes an appeal from the Town Council to the Supreme Court. C. A. R.L APPENDIX H TO THE EDITOR The Times of Natal SIR, I have to thank you for your attention to my letter in The Times of Natal of the 16th instant under the heading "An Important Decision," and for your remarks in reply thereto. You say : "As to the butchers' ring, it is only necessary to point out that through it the cost of living has been very materially increased, and meat, we have been told, put beyond the means of the poorer classes of the community. It is, therefore, a menace to the welfare of the community." I entirely agree with you. All combinations of this kind are morally wrong, and a menace, because the few benefit while the multitude suffer. Further on you say : "In the other case the Indian traders have also become a menace, in that, by reason of the fact that they can live so much cheaper than Europeans, they are driving the latter out of trade, and out of the Colony." It is one of our axioms that competition is the life of trade, and while admitting that all competition is a menace, I have to submit that the Indian traders are not a menace in the same way as the butchers' ring. The Indian storekeepers, by causing strong competition among storekeepers, are reducing the cost of all necessaries of life. In other words, they are benefiting the many at the expense of the few, which is exactly the opposite of the butchers' ring. I well remember, twenty years ago, when I came to the Colony, we got 20 per cent. more profit than we get now?then the few benefited and the many suffered; but competition, and principally Indian competition, has brought prices down all over the country; and now the many benefit while the few suffer, and this is how it should be. You push these people out, and the multitude will again suffer by having to pay much larger prices for all they consume. I remember, some sixteen years ago, falling out with an up-country townsman because I declined to join a ring of other storekeepers to charge 5s. a bag profit on flour In those days such a combination, detrimental to the public, but beneficial to the pockets of the storekeepers, could have been carried out, but such a combination into the butchery business, you would shortly hear less about the price of meat. You appear to complain that these people can live cheaply. Yes, they can live cheaply?don't drink, give the authorities little trouble, and are, in fact, law-abiding subjects, and if they can sell cheaply by living cheaply, the benefit is surely the public's. By all means make them adhere to the strictest sanitary regulations, keep their books in English, and otherwise do as English traders do; but when they have met these demands, give them justice. No honest-thinking man can say that the new Bill gives these people justice, or the community justice, because it puts into the hands of interested parties the power to push out a competition, which is beneficial to the multitude, and enables these interested parties to fill their own pockets. We have now sufficient rings? insurance rings and butchers'?and goodness knows where we will stop if the diffusers of knowledge and learning, like the newspapers, are on the wrong side. I saw in one of your contemporaries the other day that the Dundee Local Board had resolved not to renew any Arab licenses for the coming year, and had instructed the Licensing Officer accordingly. Surely it is time the Government gave these men the limit. We have entrusted you with great powers, but if you are to use them unjustly, we will take them away from you.?Yours, & c. CONSISTENCY DURBAN 19th December (This letter is dealt with in our leading article, Ed. T. of N.) APPENDIX I GOVERNMENT NOTICE NO. 517, 1897 The following Rules passed by His Excellency the Governor-in-Council, under Section 11 of Act No.18, 1897, are published for general information. C. BIRD, PRINCIPAL UNDER SECRETARY, COLONIAL SECRETARY'S OFFICE, NATAL, 16th September, 1897. Rules under Act 18, 1897, for regulating the mode of obtaining licences, and for regulating appeals from the decisions of Licensing Officers. 1. In these Rules "Licenses", unless otherwise specified, means either a wholesale or a retail license. "New License" means a license in respect of premises for which there is not at the date of application an exciting license similar to that applied for. "Board or Council" means, as the case may be, the Licensing Board of the Division or the Town Council of a Borough, or the Local Board of a Township. I. APPLICATIONS FOR LICENSES 2. Every person desiring to obtain a new license or a renewal of an existing license shall make application in writing to the Licensing Officer of the division, borough or township. The application shall contain the particulars set forth in Schedule A. 3. An applicant for a new license shall attach to his application a ground plan, drawn to scale, of the premises sought to be licensed. 4. Upon receipt an application for a license, the Licensing Officer shall be at liberty to obtain from the sanitary or other officer of the division, borough or township, a report for his guidance in respect to the sanitary arrangements of the premises proposed to be licensed. 5. The applicant shall, if thereto required, appeal personally and produce to the Licensing Officer his books of account or such other documents or evidence as may be necessary to show to the satisfaction of that officer that he is able to fulfil the conditions laid down by section 7 of the Act, in regard to keeping his books of account in the English language. 6. The Licensing Officer shall endorse upon each application for a license his decision as regards the issue or refusal of a license. 7. The application, with the report of the sanitary or other officer and the remarks and decision of the Licensing Officer, shall form the complete record of proceedings in each case. 8. A license shall not be issued until the necessary stamps are tendered or the money paid. II. APPEALS 9. The applicant or any person interested may, within two weeks of the decision, give notice, in the form of Schedule B, to the Clerk of the Board or Council of his intention to appeal against the decision of the Licensing Officer. 10. A notice of the day fixed for the hearing of appeals, together with a list of the appeals, in the form of Schedule C, shall be fixed to the door of the Court House or Town Office for at least five days before the appointed date. 11. The Clerk, immediately upon receiving notice of appeal, shall require the Licensing Officer to forward to him the minutes of proceedings, and documents, or copies thereof. 12. The proceedings of the Board or Council shall be open to the public. 13. The Clerk shall keep minutes of the proceedings. 14. The record of the application shall be read before the Board or Council. 15. The appellant and any person interested shall be entitled to the heard upon the appeal, by himself or by any person acting under his written authority. 16. The Board or Council may require the Licensing Officer to state in writing the reason of his decision upon any application. If in the opinion of the Board or Council further evidence is necessary, such evidence may be taken by the Board or Council on the same day or on any other day to which the hearing may be adjourned. SCHEDULE A To the Licensing Officer of the division of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (or borough or township of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) I (or we) hereby apply for a license as follows : Name of person or firm to be inserted in the license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Nature of the license (whether wholesale or retail). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . Period for which license is sought. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises sought to be licensed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (If the application is for a new license, then add : I attach hereto a ground plan of the premises.) (Date). . . . . . . . . . . . . . . .189? Signature. . . . . . . . . . . . . . . . . . Applicant SCHEDULE B To the Clerk of the Licensing Board for the Division of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (or) to the Clerk to the Local Board of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Date). . . . . . . . . . . . . . . .189? Sir, I (or we) hereby give notice that it is my (our) intention to appeal against the decision of the Licensing Officer upon the application of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a (wholesale or retail). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .license for the premises known as. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE C Division (borough or township) of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice is given that an appeal has been lodged against the decision of the Licensing Officer upon the undermentioned applications for licenses. The appeal will be heard by the Licensing Board (or Town Council or Town Board) at the. . . . . . . . . . . . . . . . . . . . . . on. . . . . . . . . . . . . . . . . . . . .the. . . . . . .day of. . . . . . . . . . . . . . .. 189? ________________________________________________________________________________________________ Name of person Name of applicant Nature of license Premises Appealing for license applied for _____________________ ______________________ _____________________________ _______________________ _________________________________________________________________________________________________ Clerk to the Licensing Board (or) Town Clerk From the photostat of an original printed copy, printed at the International Printing Press, Grey Street, Durban : S. N. 2894-2903. 22. COVERING LETTER TO PETITION DURBAN, January 11, 1899 TO HIS EXCELLENCY SIR WALTER FRANCIS HELY-HUTCHINSON KNIGHT COMMANDER OF THE MOST DISTINGUISHED ORDER OF ST. MICHAEL AND ST. GEORGE, GOVERNOR AND COMMANDER- IN-CHIEF IN AND OVER THE COLONY OF NATAL, VICE- ADMIRAL OF THE SAME, AND SUPREME CHIEF OVER THE NATIVE POPULATION, PIETERMARITZBURG MAY IT PLEASE YOUR EXCELLENCY, I have the honour to send for transmission to Her Majesty's Principal Secretary of State for the Colonies a memorial in triplicate signed by Mr. Abdul Kadir of Messrs. Mahomed Cassim Camroodeen and Co., and others, with reference to the Dealers' Licenses Act No. 18 of 1897, with such remarks as Your Excellancy may be pleased to make thereon. I have, etc., M. K. GANDHI Enclosure in Despatch No. 6 of 14th January 1899 from Governor of Natal to H. M's Principal Secretary of State for the Colonies, London. Colonial Office Records: Memorials and Petitions, 1898-99. 23. LETTER TO D. B. SHUKLA1 14, MERCURY LANE, DURBAN, NATAL January 17, 1899 D. B. SHUKLA, ESQ. MY DEAR SHUKLA, I have not heard from Kalabhai2 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 Mehta3 that you are doing very well there. I have no doubt he told you all about me. 1 A barrister of Rajkot. 2 Lakshmidas Gandhi, elder brother of Gandhiji. 3 Dr. Pranjivan Mehta, a friend of Gandhiji since his London days 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. 24. TO PRESS AND PUBLIC MEN IN INDIA DURBAN, January 21, 1899 SIR, The memorial1 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 £ 100,000 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. 1 V ide "Petition to Chamberlain", December 31, 1898. 25. MEMORIAL TO LORD CURZON DURBAN, January 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 Hounourable 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 Asiatics as 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 party, etc., etc. (Sd.) MAHOMED CASSIM CAMROODEEN & CO. AND OTHERS From the photostat of an original printed copy : S. N. 2955. 26.LETTER TO COLONIAL SECRETARY 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. 27. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, February 28, 1899 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to acknowledge your letter 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. O. 1584/99. 28. TELEGRAM TO COLONIAL SECRETARY 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. 29. LETTER TO COLONIAL SECRETARY 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 trans-shipped 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. 30. LETTER TO THE TOWN COUNCIL Gandhiji wrote the following letter to the Town Council of Pietermaritz-burg 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 his Colony, may I suggest that a pamphlet giving detailed instructions as to sanitary rules, limewashing, 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 in the Colony, and distributed free of charge, if necessary, the Corporation paying for the printing and postage. The Natal Mercury, 8-3-1899 31. INDIAN TRADERS IN RHODESIA 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.1 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 18972 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 1 Vide the enclosure. 2 Vide Vol. II, p. 225. 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, vide Vol. I, p. 386). (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 Comminssioner. 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 defined 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 licensing 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 HUSEIN The Times of India (Weekly edition), 15-4-1899 32. THE PLAGUE PANIC IN SOUTH AFRICA1 DURBAN, 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 appears 1 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. in 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 further 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-Genenral had a prisoner in one of the Government goals 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 goal 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 an entirely 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 mob1 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 1 Vide Vol. II, pp. 184 et seq. 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 ob-jectionable 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 33. L ETTER TO COLONIAL SECRETARY 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 £ 1 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' Licences Act,1 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. 1 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. 1 Vide p. 26, supra. 34. MEMORIAL TO CHAMBERLAIN PRETORIA, May 16, 18991 TO THE RIGHT HONOURABLE JOSEPH CHAMBERLAIN HER MAJESTY'S PRINCIPAL SECRETARY OF STAT 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,2 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., 3 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. 1 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 Colonies till May 27. 2 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 Bloem-fontein broke down on the question of franchise. 3 Vide "Telegram to the Viceroy of India" August 19, 1898. 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 memorial1 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 g 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 memorial2 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 in-sanitary habits of the Indians, but in trade jealously. Your Memorialists make no apology for reproducing the testimony then produced to con-trovert 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 such 1 Vide footnote 2, p. 14, supra. 2 Vide Vol. I, pp. 187-208. as 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 and 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 jealously, 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.1 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 Birth-day 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 1857.2 1 Vide Vol. II, p. 355. 2 This is either a misprint in the printed copy or a slip in the original. The Proclamation was issued in 1858. 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 Memrorialists 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 APPENDIX THE NEW REGULATIONS PUBLISHED IN Staats Courant, APRIL 26, 1899 Where 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 24 th 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., with 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, out-side 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, Sec-tion 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 sani-tation purposes, to point out for habitation ('ter bewoning') by them (that is, Coolies, Arabs, and other Asiaatic 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 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 1, 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 1, 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. 35. INDIANS IN THE TRANSVAAL1 DURBAN 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 licences, to remove to Locations which have been described by the eminent writer of the series of articles headed "Indian Affairs" in the 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 punished 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 1 Vide footnote, p. 58, supra. the jealously 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 Com-merce : "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 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 question 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 award1 which left the Indians entirely where they were. He was asked, regard being had to the despatches that had passed between the two Governments?despatches which could not possibly by 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, 1 Vide Vol. I, pp. 186-90. and that the real reason which was all along suppressed was trade jealously. 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 Case1 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 disorganized 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 whereases 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. Chamberlain2 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 1 Vide "Letter to the British Agent", February 28, 1898. 2 Vide "Memorial to Chamberlain", May 16, 1899. 36. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, May 18, 1899 MR. C. BIRD THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, With some difference 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 stand-point 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 of making 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.1 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. 1 The Colonial Secretary, replying on May 29, 1899, did not accept Gandhiji's proposal. 37. LETTER TO COLONIAL SECRETARY 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.1 I have the honour to be, Sir, your obedient servant, M. K. GANDHI 1. Enclosure2 Pietermeritzburg Archives: G. C. O. 3903 / 99. 38. CABLE TO QUEEN ON HER BIRTHDAY 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. 1 Vide pp. 78-9, infra. 2 The succeeding item. 39. PETITION TO CHAMBERLAIN 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 Trans-vaal 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 8½ 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 Petitioners, 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 Con-vention, 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 arbitration1 and the recent Test Case2 regarding 1 Vide Vol. I, pp. 174-5 and 187-212. 2 Vide pp. 1-2, supra. 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 Indian 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 court-yards 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 object 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 Euro-peans 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 dirt from the cantonment, which lies some distance up-wards, 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 need-less 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 up 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. 40. LETTER TO W. WEDDERBURN1 DURBAN, 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. 1 The letter was a printed one and evidently addressed to prominent public men in England and India. 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 to those 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. 41. LETTER TO COLONIAL SECRETARY 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. 42. TELEGRAM TO COLONIAL SECRETARY [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 43. ADDRESS TO RETIRING MAGISTRATE 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 jealously had arised 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 was 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 centerpiece 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 44. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, July 6, 1899 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMERITZBURG 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"1 I 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. 1 Vide Vol. II, p. 333, et seq. 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 licences were so granted because their stores were wood and iron buildings. It appears Messrs Handley & Sons and Harvey Grenacre & 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 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 pre-judicially 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 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 Secreatry of State for the Colonies, London, dated 14th July, 1899. Colonial Office Records : Memorials and Petitions, 1899. 45. THE INDIAN QUESTION IN SOUTH AFRICA1 DURBAN, July 12, [1899] I dealt in my last letter2 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.3 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 1 Vide footnote, p. 58, supra. 2 Vide "Indians in the Transvaal", May 17, 1899. 3 Vide "The Plague Panic in South Africa", March 20, 1899. much loved by the Christian portion of the Indian community. These school 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, no 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 no 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 his eruption of racial feeling. If an Indian parent has six children, of whom five have received their education in the primary schools, he cannot 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 teachers, 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 protect 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 Primary 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 his 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. Rhodes1 "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 1 The reference is to Cecil Rhodes, twice Premier of Cape Colony. 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 converts 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 advantage 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 importance of 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 46. LETTER TO COLONIAL SECRETARY 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. 47. LETTER TO BRITISH AGENT JOHANNESBURG, July 21, 18991 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, 1 The letter was completed and despatched after July 22, 1899. 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. But I am to point out, as it was done at the above interview, 3. 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 Conference1 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 Natives 1 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 p. 63, supra. and 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, 4¾ miles distant from Johannesburg. Surveyor's diagram and medical report thereon are hereto attached. 1 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 to 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 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 2 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, whatever they may be, would mean almost certain ruin for them. It is respectfully submitted that if Her Majesty's 16. 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 1 These documents are not available. 2 This document is not available. 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 wanted 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 Lcoation, 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.1 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 Aneexure C2 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, 1 and 2 These documents are not available. 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"? I may state that I had the honour to wait upon His Honour 29. the State Secretary on Saturday morning1 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. 48. INTERVIEW TO THE "STAR" [Prior to July 27, 1899] Questioned by the Star,2 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. 1 According to a report in The Standard and Diggers' News of 24-7-1899, this interview took place on the preceding Saturday, July 15. 2 The original interview in the Star is not available. 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 49. PETITION TO NATAL GOVERNOR 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' Licenses1 Act of Natal addressed to the Right Hounourable 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, 2 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 Lcoal Boards or Town Councils in the Colony. 1 The spelling of this word at various places, in this and other documents, as given in the original is being retained. 2 Vide "Covering Letter to Petition", January 11, 1899. 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' Licences 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" Licences 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 liceses, 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 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 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 licecses 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 business 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 understand 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 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 Hounourable 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 license has followed close upon a question asked by a member of the Natal Assembly from that district, as to whether in such districts licenses 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 in 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. 50. WIRE TO COLONIAL SECRETARY September 9, 1899 TO HONOURABLE COLONIAL SECRETARY, PIETERMARITZBURG THANKS FOR LETTER1. ANXIOUS ENQUIRES MADE DAILY. URGENT RELIEF NECESSARY2 HEAR BRITISH AGENT HAS ALSO APPROACHED GOVERNMENT. RESPECTFULLY SUBMIT THERE CAN BE NO HARM IN LETTING INDIANS IN AS SUGGESTED. RELAXATION AFTER HOSTILITIES 3 MAY BE TOO LATE. IMPOSSIBLE FOR INDIANS CALMLY 1 The communication from Gandhiji to which this was a reply is not available. 2 Relaxation was sought in the administration of the Immigration Restrictions Act which regulated the entry of Indians from the Transvaal into Natal. 3 The Boer War was then imminent. 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. 51. A CIRCULAR LETTER 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 Trans-vaal.1 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 owing 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. 52.THE SECOND REPORT OF THE NATAL INDIAN CONGRESS2 [Post October 11, 1899] The first report was published in August of 1895,3 one year after the stablishment of the Congress. Owing to various causes, it has not been possible to prepare another report during the interval that has elapsed. 1 Vide "Letter to the British Agent", July 21, 1899. 2 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 on p. 110, infra. 3 Vide Vol. I, pp. 233-9. INCOME AND EXPENDITURE From the memo annexed hereto,1 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,2 the memorial3 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. Hassan 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 Stranger 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 any 1 This is not available. 2 The reference is to the anti-Indian demonstration on the landing of Gandhiji and his Indians fellow-passengers in Durban on January 13, 1897. Vide Vol. II, p. 165. 3 Vide Vol. II, pp. 184 et seq. well 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".1 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,2 and a memorial was also sent in due course,3 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 1 Vide Vol. I, p. 254. 2 ibid. 3 ibid, pp. 254-6. 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. Every body 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 Africa1 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.2 It was about this time that the regulations with reference to the then newly established township of Nondweni in Zululand were published.3 It was provided therein that the Indians could not buy or possess erven4 in that township. As soon as they were published in the Government Gazette, a memorial5 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,6 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 and the Committee of the National Congress7 also took it up. It might be noticed here, parenthetically, that the publication of the above regulations brought to light the fact that similar regulations were passed with reference to the earlier established townships of Melmoth and Eshowe. 1 Vide Vol. I, pp. 256-86. 2 This is not available. 3 Vide Vol. I, p. 293. 4 Land sites. 5 Vide Vol. I, pp. 292-4. 6 ibid, pp. 303-7. 7 The reference is to the British Committee of the Indian National Congress in London. 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 £1,080. 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 £ 10 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,1 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.2 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'.3 This addition materially disarmed opposition to the Bill and it passed both the Houses in spite of 1 It did not make a specific reference to the Indians. 2 Vide Vol. I, pp. 312-20. 3 Vide Vol. I, p. 326. our petition to the Legislative Council.1 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,2 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 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 him3 and a draft for £ 75 was given to defray the expenses of traveling, printing and other out-of-pocket disbursements in connection with the work.4 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.5 The Honorary Secretary in reply to all the Addresses said that the presentation was premature, the work was not yet finished. He, however, took the Addresses and the presents as 1 The petition was submitted to the Legislative Assembly. Vide Vol. I, pp. 312-20. 2 Vide Vol. I, pp. 324-45. 3 Vide Vol. I, pp. 52-3. 4 ibid, pp. 139-53, the "Statement of Expenses on Deputation to India". 5 ibid, p. 348. 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.1 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 correspondent of the London Times cabled a summary of the pamphlet, adding thereto the views expressed by The Times of India and The Pioneer. 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,2 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 Secreatary had read his Address,3 a resolution sympathising with the Indians 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 Yaijnik, 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. Parameshvaram 1 Vide Vol. II, pp. 1-53. 2 Vide Vol. II, p. 384. 3 Vide Vol. II, pp. 70-84. Pillay, Mr. Pathasarathy 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 Englishmen, The Indian Mirror, The Statesman and other English and vernacular papers. The committee of the Biritish Indian Association met to hear the Honorary 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 of those passed at Madras, to which Prof. Gokhale, the Hon'ble Mr. Tilak and . . . 1 spoke. The Honorary Secretary left India by the Courland on the 27th November, 1896.2 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 1 The other speaker was Prof. A. S. Sathe. 2 The ship sailed from Bombay on November 30. Vide Vol. II, p. 167. Press, the severe verdict passed by 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. . . pages1 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 Houses2 but in vain; and the Bills were passed. A petition was therefore sent to the Secretary of State for the Colonies.3 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, unbreakable 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 1 Vide Vol. II, pp. 184-283. 2 ibid, pp. 285, 293. 3 ibid, p. 324. 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 1894, 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.1 Workers went out all over the Colony collecting subscriptions form 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. Association2 under the superintendence of Dr. and Mrs. Booth gave two benefit performances in the Congress Hall. An 1 Vide Vol. II, p. 176. 2 The Natal Indian Educational Association formed in 1894. improvised stage 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.s 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 for matters unanimity of opinion was necessary. And Mr. Adamji Miankhan left 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 much 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. Adamj 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 abudance. 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.1 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 Harida, 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 who 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 1 Vide Vol. II, p. 316. 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 protest1 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 Act above referred to, declined to issue licenses to any of the Indians. 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.2 The question as to whether vendors without any shop are required to take out a retail licence was raised and the case was 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.3 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 1 This document is not available. 2 The Privy Council decision was adverse. Vide p. 57, supra. 3 Vide "Address to G. V. Godfrey", dated prior to March 18, 1898. an example which other parents 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 re-consider 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 College1 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's2 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. 1 This is one of the Medical Colleges of Bombay. 2 Vide Vol. I, p. 385. Nearly £195 have been thus received by the Congress, 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 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.1 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.2 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 1 The reference is to the Boer War. 2 Vide pp. 1, 13 and 14, supra. 53. RELIEF TO INDIAN REFUGEES1 DURBAN, 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 comment2 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 the 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 ship-ping 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. 1 This is a circular letter addressed to some select persons to who 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. 2 Vide the following page. 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 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 further 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 to-day 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 in tended. Comment is superfluous." From the photostat of an original printed copy : S. N. 3299. 54. CONGRESS RESOLUTION ON REFUGEES1 DURBAN, October 16, 1899 It is resolved that the Natal 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 the 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. 55. THE INDIAN OFFER [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.2 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 1 This was forwarded to London by the Governor of Natal. 2 Vide the following page. 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 loyalty 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.1 I have the hounour 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; Horne, 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 photostat 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. 1 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 services. . . . 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." 56. THE INDIANS IN SOUTH AFRICA1 DURBAN, October 27, [1899] I see that my last contribution in connection with the education of the Indians in Natal2 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. 1 Vide footnote on p. 58, supra. 2 Vide "The Indian Question in South Africa", July 12, 1899. 3 White foreigners, generally British subjects, migrated to the Transvaal. 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 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 £1 was instituted for the first time, for each permit which was granted, on a deposit by the applicants 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 £1 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 £ 1 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' Licences 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 traveling 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 this connection 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 been 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 suffering 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, and that 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 57. LETTER TO W. PALMER [DURBAN, post November 13, 1899] DEAR MR. PALMER, I thank you very much for your kind note which is a surprise to me.1 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 1 Mr. William Palmer, Treasurer of the Durban Women's Patriotic League, had written to Gandhiji on November 13, 1899, complaining that while "Coolies" had contributed their three-penny pieces to the street collections, the "Arabs" (Asiatic merchants) had "declined to of Indian refugees have put 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?if 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. 58. CONTRIBUTIONS TO THE DURBAN FUND Gandhjiji circulated the following note, written in his own hand, inviting contributions : DURBAN, November 17, 1899 We the undersigned hereby subscribe as under to the Durban Women's Patriotic League Fund. E. Aboobakar Amod & Bros. 5- 5-0 S. P. Mahomed & Co. 2- 2-0 Parsee Rustomjee 5-10-0 M. K. Gandhi 3- 3- 0 [Here follow forty-two other signatures and subscriptions] Total 62- 7-3 From the photostat of the original subscription list: S. N. 3326. 59. INDIAN TRADERS IN NATAL1 DURBAN, November 18, [1899] Nothing of what I have so far written on the position of the British Indians in South Africa deserves that consideration which the matter I am about to deal with in this letter ought to do. One of the four Acts the Natal Legislature passed in 1897, in indecent hurry and at a time when the fury of the Durban mob had hardly subsided, was that known as the Dealers' Licences act. The Act gives absolute discretion to the Licensing Officers appointed under it to issue or refuse a wholesale or a 1 Vide footnote on p. 58, supra. retail license, whether to trade as a shopkeeper or as a hawker, his decision being subject to review by the Town Councilor the Town Board, which have the power to appoint him. There is no right of appeal against a decision of these bodies, sitting as a Court of Appeal in such license cases. The penalty for carrying on a trade without a license is £20,indefaultof which the magistrates have the power to send the defaulter to gaol-not under the Act itself, but under the powers reserved to the magistrates under another law for cases where imprisonment is not specifically mentioned. It was hoped that the depriving the Supreme Court of the Colony of jurisdiction overall bodies exercising judicial functions would be found by the Privy Council to be illegal; but, as the reader may remember, that body has decided otherwise. The Supreme Court has also decided that licenses issued under the Act are personal only, and, therefore, although they may be held, say by a company, the sale of its goodwill would not carry with it the right to trade under the Company's license during the remainder of the license period. Thus, there is no loophole left under the Act, and the judicial interpretation has narrowed down the rights of the parties affected there by to the smallest compass. The poor Indians have sent petitions-two to the Colonial Secretary and one to Lord Curzon, on whom they have built very large hopes. No reply has as yet been received from the Viceroy, and none from the Colonial Secretary to the last petition, except an intimation by the Natal Government to the effect that the Colonial Office was in correspondence with them in the matter. It would be safe to say that there are over 300 Indian store-or shopkeeper's licenses and about 500 Indian hawker's licences in the Colony of Natal. The holders of these form the respectable portion of the Indian community, and represent the 4,000 free Indians in the Colony, as distinguished from about 50,000 Indians who were brought into Natal under indenture as labourers, and their descendants. In its operation the Act has ruined many Indian storekeepers, and unsettled the minds of all of them. In certain cases the Licensing Officers have taken the greatest liberties with the Act, and it would not at all be an exaggeration to say that they have used their power in an arbitrary and tyrannical manner, and that the Licensing Boards have connived at and, at times, encouraged and even dictated, their actions. Not only have new licenses been refused, transfers of old licenses prohibited and renewals of old licenses not allowed, but insult in some cases has been added to injury, while the injured parties have felt absolutely powerless. An old Indian settler, who had risen from the status of a labourer to that of a respectable trader, removed from an up-country district where he had been trading for several years, to Durban, bought a piece of property, and thought he would take out a license in Durban in the Indian portion of the town, where he was to cater principally for Indian customers. He applied for a license, showed he had engaged a European book-keeper to keep his books, and produced certificates as to respectability and honesty from three well-known European merchants who had dealt with him; but the Licensing Officer declined to grant the licence. The matter was taken in appeal before the Durban town Council, and the Licensing Officer was asked by the applicant's attorney to give reasons for his refusal. He declined to do so. The Town Council upheld the decision of the Licensing Officer, and would not even make him give his reasons. While the case was being conducted, the Court (i.e., the Town Council), the Licensing Officer (who was the respondent) and the Town Solicitor retired to a private room for consultation, and on return, forgetting that the counsel s address was still to be heard, the Council announced their decision upholding their Officer's action. The applicant's counsel drew their attention to the irregularity, and the farce of addressing a Court that had made up its mind was allowed to be gone through-with no better result. The persevering applicant took the case before the Supreme Court which, while it declined to interfere with the decision of the Town Council?having no power to do so under the Act?quashed the whole proceedings, and sent the case back for rehearing, with the direction that the appellant was entitled to reasons for refusal. To the Acting Chief Justice : It seemed. . . that the action of the Town Council in this case had been oppressive. . . . It seemed to him that the refusal of both requests [for a copy of the record and reasons] was unjudicial and an improper proceeding. Justice Mason, the first Puisne Judge, considered the proceedings under appeal were a disgrace to the Town Council, and he did not hesitate to use this strong language. He considered under the circumstance that it was an abuse of words to say there had been an appeal to the Town Council. So the Town Council reheard the appeal, and made the Licensing Officer give his reasons, which were that "the applicant had no claim whatever upon Durban, as the class of trade he was engaged in was sufficiently provided for in the town". The decision was the same as on the previous occasion, and the unfortunate man has to remain without his license. I understand that now he is a poor man, having been obliged to live on his capital. The reason was, in plain words, absolutely false, many licenses to Europeans having since been granted, and the application having been in respect of a place that was vacated by an Indian storekeeper who had left Durban. Another Indian who, it was proved, was a Colonist of fifteen years' standing, lived in a decent style, had large businesses in several parts of the Colony, and had good credit with a number of European firms, also applied for a license-with a unsuccessful result. The real reason was forced out for the first time during the hearing of his appeal. The Licensing Officer said : The Act 18 of 1897 as I understand was passed with a view of placing some check on the issue of trading licenses to certain classes of people generally regarded as undesirables, and as I believe I am right in assuming that the applicant as undesirables, and as I believe I am right in assuming that the applicant in question is one that would be included in that class, and, moreover, as he has never before had a license in Durban, I have felt it my duty to refuse his license. One of the councillors, in approving of the decision of the Licensing Officer, said : The reason was not because the applicant or the premises were unsuitable, but because the applicant was an Indian. . . .Personally he considered the refusal of the license a grievance to the applicant, who was a most suitable person to appear before the Council to ask for a license. Another councillor would not take part in the proceedings because he disagreed with the dirty work they (councillors) were called upon to do. If the burgesses wished all such licenses stopped, there was a clean way of going about the matter: viz., getting the Legislative Assembly to enact a measure against the granting of licenses to the Indian community. But sitting as a Court of Appeal, unless there were good grounds to the contrary, the license should be granted. But, of course, it was not, as the anti-Indian element was too strong in the Council. The Newcastle Town Council took away at one stroke almost all the Indian licenses in 1898. It was then that the matter was taken to the Supreme Court, and thence to the Privy Council, which decided that there was no appeal from the Town Council's decisions under the Act. This year it has granted most of the Indian licenses, and it must also be said to its credit that, while the question was pending before the Privy Council, it allowed the Indians concerned to carry on their trade. The Chairman of the Dundee Local Board, in dealing with a similar appeal, said he would not give the applicant even "the chance of a dog". The same Board, moreover, passed a resolution last year instructing the Licensing Officer to cancel as many Indian licenses as possible. This was too much for even the public press of Natal, and a hint was given that the Board was going too far. The result was in a measure satisfactory, and licenses have been granted this year, though with the proviso that they would not be renewed next year in respect of the same building. In another respect, two Indian merchants sold their business to Indians and asked for a transfer of license, which was refused-the decision being upheld in appeal by the this year in respect of the same building. In another respect, two Indian merchants sold their business to Indians and asked for a transfer of license, which was refused-the decision being upheld in appeal by the Local Board. In some parts of the Colony, licences granted last year have been withheld this year. Such, in a brief outline, is the effect of the Act in question. As a result of the correspondence between the Colonial Office and the Natal Government, the latter have told the different local bodies that, unless they exercised their powers with better discretion so as not to affect vested interests, the right of appeal to the Supreme Court would be given to the aggrieved parties. This letter officially admits the grievances and also approves of the remedy suggested by the Indians. But the three Municipalities of Natal take the letter for what it is worth, and hardly listen to such a threat of the Natal Government. Neither the Licensing Officers nor the Town Councils are much to blame in the matter. They are merely victims. Any body of persons placed under similar circumstances would act in the same manner as the Natal Licensing Officers and Boards. The Officers are either Town Clerks or Town Treasurers and, therefore, as the Chief Justice remarked in the case referred to above, hardly independent of those bodies, the members of which, in their turn, depend for their offices on the goodwill of the people that are directly opposed to the Indians. And to these bodies the Natal Legislative Assembly has said : We leave the Indian entirely at your mercy. You may, without your action being called in question by any body, either let them earn an honest living in your midst or deprive them of it without any compensation whatever. So long, therefore, as the Act, which is admitted by all, including even the Natal politicians, to be opposed to free-trade and the cherished principles of the British Constitution, is allowed to blot the Statute-book of the Colony, so long will the grievances remain, the Government letters, like the one mentioned above, addressed to the Corporations notwithstanding. The Indians very reasonably say: "Impose what sanitary restrictions you like on us; let our books be kept in English, if you will; introduce, if so minded, other tests which we may reasonably be expected to fulfil; but, after we have complied with all the requirements, allow us to continue to earn our living and, if there be interference on the part of the Officers administering the law, give us the right of appeal to the highest judicial tribunal in the land." It is difficult, indeed, to find fault with such a position, and more so to understand the distrust of the Natal Legislature in the Supreme Court of the Colony. This licensing question is a festering sore which needs must be healed. If affects the present Indian population, and fairly promises to ruin it unless there is timely intervention. The petty Indian traders are surely, if slowly, being weeded out unnoticed. This tells very materially upon their feeders? the large Indian firms and their dependants. Indian landlords have an anxious time of it, as their premises, however well-constructed they may be, cannot be let, as no one would have them when the licenses cannot be got. The current year is fast approaching its end, and the Indians are all anxiously waiting to know how they will fare next year as to the renewal of their licenses. The war is depopulating Natal, and no one knows when business may be resumed and people may be able to return to their homes. Still, it might be as well for the Indian public to remain on the alert, and by well-sustained efforts to see that this evil, at any rate, is removed before it is too late, and before the Indians in Natal, though sheer suppression, are unable even to let their voice be heard in India. The Times of India (Weekly edition), 6-1-1900 60. LETTER TO W. PALMER 14, MERCURY LANE, DURBAN, November 24, 1899 TO WILLIAM PALMER, ESQ, TREASURER DURBAN WOMEN'S PATRIOTIC LEAGUE DURBAN DEAR SIR, We have been requested by the Indian subscribers to the Durban Women's Patriotic League Fund to forward to you the enclosed cheques which represent a special contribution to the fund by the Indian merchants and storekeepers of Durban. We feel that we have not subscribed enough, but the subscription for the support of the families of the Indian volunteers in the event of their services being required, the heavy strain put upon our resources for feeding and housing thousands of Indian refugees, not only from the Transvaal, but also from our up-country Districts at present occupied by the enemy, and the enormous losses sustained owing to the virtual suspension of business, have crippled our pecuniary strength. We know, however, that the Volunteers who have dedicated their lives on the Colony and the Empire, as also those they have left behind, have performed an act of self-sacrifice before which anything we have done dwindles into insignificance. What little, therefore, we are able to send herewith is merely as a token of our heartfelt sympathy and admiration of our brave men who are fighting for us all. Yours etc. From the photostat of the office copy : S. N. 3325-6, and India, 26-1-1899. 61. WIRE TO COLONIAL SECRETARY December 2, 1899 TO HONOURABLE COLONIAL SECRETARY PIETERMARITZBURG PROTECTOR IMMIGRANTS SAW ME WITH REFERENCE TO INDIANS FOR HOSPITALS. MOST OF THOSE WHO HAVE OFFERED SERVICES WOULD I THINK BE PREPARED TO GO. IF GOVERNMENT WOULD HAVE US KINDLY STATE NATURE OF WORK WHEN WE MUST START AND OTHER PARTICULARS THAT MAY BE NECESSARY. GANDHI From the photostat of the office copy : S. N. 3332. 62. WIRE TO COLONIAL SECRETARY December 4, 1899 TO HONOURABLE COLONIAL SECRETARY MARITZBURG WIRE RECEIVED. IMMEDIATELY AFTER INTERVIEW WITH PROTECTOR AND SEEING THAT GOVERNMENT HAD SENT HIM LIST OF INDIAN VOLUNTEERS FORWARDED TO YOU OCTOBER 19 I NOTIFIED THEM THAT GOVERNMENT SEEMED TO REQUIRE THEIR SERVICES AND THEM TO TOLD THEM TO HOLD THEMSELVES IN READINESS PENDING YOUR FURTHER INSTRUCTIONS. WE HAVE MADE ARRANGEMENTS TO START AT A MOMENT'S NOTICE. BEING EAGER TO RENDER WHAT SERVICE WE CAN WITHOUT PAY MAY MENTION SOME OF US HAVE BEEN TAKING LESSONS IN HOSPITAL WORK UNDER DR. BOOTH. FROM YOUR TELEGRAM TODAY IT APPEARS GOVERNMENT ONLY REQUIRE LABOURERS. IT WOULD BE A GREAT DISAPPOINTMENT IF AFTER ALL ARRANGEMENTS GOVERNMENT WOULD NOT ACCEPT US. BESIDES THE TWENTY FIVE NAMES SENT IN OCTOBER SOME TWENTY OTHERS HAVE VOLUNTEERED THEIR SERVICES WITHOUT PAY. ANXIOUSLY AWAITING EARLY AND FAVOURABLE REPLY. GANDHI From the photostat of the office copy : S. N. 3333. 63. LETTER TO BISHOP BAYNES OF NATAL [DURBAN prior to December 11, 1899] MY LORD, Revd. Dr. Booth informs that in Your Lordship's opinion he ought not to join the Indian Ambulance Corps unless he feels strongly and there is real need for him. He says also that he will not accompany the Corps for the present but may do so if there is a real need for him. In my humble opinion, Dr. Booth is indispensable for the Corps. His knowledge of medicine was of the greatest value to us, and if Dr. Booth did not accompany us, we, a Corps of nearly 1000 men, would be without a medical adviser. I do not mention the great confidence he would inspire in the Ambulance leaders, whom he knows and has trained under him. In the treatment of the wounded that might be entrusted to the care of the leaders, Dr. Booth's services, Your Lordship will agree, will be inestimable. His place can be filled here, in the ambulance camp there would be a gap without him. I understand Dr. Booth is not leaving the mission, at any rate, till June next and, seeing that he is not likely to be required at the front any great length of time, perhaps Your Lordship will be pleased to grant the necessary permission. I remain, Your L's obedient servant From the photostat of a draft : S. N. 3372b. 64. WIRE TO PRAGJEE BHIMBHAI [DURBAN,] December 11, 1899 TO PRAGJEE BHIMBHAI BELLAIR ASK VOLUNTEERS BE READY. START POSSIBLY TOMORROW. GANDHI From the Photostat of the office copy : S. N. 3338. 65. WIRE TO COLONIAL SECRETARY1 TO THE HONOURABLE COLONIAL SECRETARY PIETERMARITZBURG [DURBAN,] December 11,1899 I AND MR. GANDHI WILL WAIT UPON YOU TO-MORROW MORNING NINE. [BOOTH] From the photostat of the office copy : S. N. 3339. 1 The office copy shows that the telegram was drafted and despatched by Gandhiji. 66. INDIAN AMBULANCE CORPS The Hon. Mr. Hary Escombe, Premier of Natal in 1897, invited at his residence in Johannesburg the leaders of the Indian Ambulance Corps proceeding that day to the front. The following is a brief press report of the speech Gandhiji made at Mr. Escombe's request. [JOHANNESBURG,] December 13, 1899 When the ultimatum was presented by the Transvaal, some of them thought it was a time when they should sink all differences, and, as they insisted upon rights and privileges as subjects of the Queen, do something to prove their loyalty. Very few of them should handle arms, although, if the Ghoorkas or the Sikhs had been there, they would have shown what they could do in the way of fighting. They-that is the English-speaking Indians?came to the conclusion that they would offer their services to the Colonial or Imperial Government, unconditionally and absolutely without payment, in any capacity in which they could be useful, in order to show the Colonists that they were worthy subjects of the Queen. They called a meeting, and at that time there was so much enthusiasm shown that almost everyone present put their names on the list as willing to serve, and from that list they had chosen suitable men. He asked Dr. Prince to examine them to know how many were fit to serve on the battlefield. Dr. Prince passed 25, and they sent the list of names to the Government, but got the reply that at that time their services could not be accepted. Shortly after this, ambulance classes were started by Dr. Booth and they had been attending his lectures almost every night. The Government had intimated that they required 50 to 60 Indians to go to the front, and on the Protector coming to him, he said that they were ready at a moment's notice to do whatever was needed of them, and that, without remuneration of any kind. The Colonial Secretary, however, did not think the work suitable for them, and on hearing this, Dr. Booth wrote to the Colonial Secretary and gave him an idea of the work they could do. Dr. Booth was then kind enough to go with him to Maritzburg, where they saw Bishop Baynes and, also, Colonel Johnston. The latter thought they would do admirably to act as leaders for the Indians engaged as bearers. Their dream had been realised, and although, unfortunately, they were not to be engaged in the fighting line, he hoped they would be able to discharge their duties well. To Dr. Booth they were very grateful for what he had done, and he also had offered his services gratis to the Government, and was going with them that night. The Natal Mercury, 14-12-1899 67. LETTER TO DONNOLLY [Post December 13, 1899]1 DONNOLLY, ESQ. DISTRICT ENGINEER DEAR SIR, Of the tickets received by me by virtue of your order for 5 1st class tickets, 20 2nd class tickets and 20 3rd class tickets in connection with Indian Ambulance Corps, I return herewith 1 unused 1st class ticket and 10 unused 3rd class tickets. Of the 10 3rd class tickets used, 3 were used as from P. M. Burg, as 3 bearers joined us at that station. The numbers of the 3 tickets were 9303, 9290, 9285. I duly reported this matter at P. M. Burg before taking in the 3 bearers. [Your faithfully, M. K. GANDHI] From the photostat of the office copy in Gandhiij's own hand : S. N. 3358. 68. LETTER TO P. F. CLARENCE [DURBAN, December 27, 1899] MR. P. F. CLARENCE PUBLIC WORKS DEPARTMENT PIETERMARITZBURG DEAR SIR, I enclose herewith accounts for £ . . .2 which please examine and for which let me have a cheque if correct. I do not know if Mr. Bhayad of P. M. Burg has incurred any expenses for recruiting bearers. I am writing to him and will render further accounts in the event of there being anything due to Mr. Bhayad. Your faithfully, [M. K. GANDHI] 1 Gandhiji left for the front on December 14, at 2-10. a.m. 2 Vide the next page. [Enclosure] MEMO OF EXPENSES DURBAN, December 27, 1899 MEMO OF EXPENSES AUTHORIZED BY THE SUPERINTENDENT, INDIAN AMBULANCE CORPS [£ s d] 12 th Dec. To Cabman paid visiting Superintendent & c. 0 9 0 '' " telegrams to volunteers to be ready and collect Carriers1 " fare P. K. Naidoo to Durban 2nd class for 0 11 10 recruiting bearers 0 1 10 To Telegram Mr. Vinden to Col. Sec. 0 4 1 To fare from Bellair to Durban 7 bearers 0 1 9 To fare volunteer going to Bellair for the 0 1 2 bearers To fare one volunteer fr Bellair 0 5 2 To fare volunteer fr Tongaat 1 16 0 14 th Dec. To provisions as per Mr. Amod's Bill A2 0 12 0 18 th Dec. To provisions as Bill B3 0 19 0 19 th Dec. To mugs & c. as per Stu [. . . .]k' s4 Bill C5 To paid Durjan at Chieveley for Kaffir pot for To Cooking food for carriers. pot handed 0 7 0 Super6 one week's wages for 9 bearers employed as police @ 25/- viz. (1) Goolabhai (2) Desai Pragjee Dayaljee (3) Dahyabhai Dajee (4) Desai Govindjee Premjee (5) Nagar Ratanjee (6) Dahyabhai Morarjee (7) Deshabhai Prag- Jee (8) Perulamal7 (9) Permal8 11 5 0 To wages for bearer Sukhraj 1 0 0 To fare one volunteer to Tongaat 0 5 0 ---------- 17 16 89 From the photostats of the office copies : S. N. 3356 and 3357. 1 No entry against this item. 2, 3 These are not available. 4 Not decipherable. 5 This is not available. 6 Superintendent. 7, 8 the coorect spelling of these hurriedly written names is given as Perumal in Gandhiji's note at the end of the "Statement of Account"; vide the succeeding item. 9 The total is £ 17-18-8. 69. STATEMENT OF ACCOUNT1 [Post December 27, 1899] (Paid) Carriers brought up by Mr. Gandhi Not Volunteers-free of charge. Name Period No. of Rate No. Rank Days Per Amount week [£ s d] 1. Night Goolabbhai 13 to 8 20/- 1- 5 20 Guard 2. " Desai Pragjee " " " 1- 5 Dayal 4.2 " Dahyabhai M " " " 1- 5 5. " Govindjee Premjee " " " 1- 5 6. " Nagar Ratanjee " " " 1- 5 7. " Doolabhbhai " " " 1- 5 Pragjee 8. " Dahyabhai Dajee " " " 1- 5 9. bearer Perulamal " " " 1- 2-10 10. " Lekraj " " " 1- 2-10 11. " Permal " " " 1- 2-10 12- 11- 2 a/c attached . . . . . . sundry disbursements 5- 13- 4 £18- 4- 6 17-16-10 Less money paid by you to the 2 . . . . . . 2- 5- 8 Perumals 15-11- 2 By your cheque . . . . . . 18- 4- 6 Balance due to you . . . . . . 2- 13- 4 [£]18- 4-6 From the photostat of the office copy : S. N. 3359. 1 This statement of account was originally prepared by one of Gandhiji's co-workers, who by mistake charged wages for 11 carriers at the common rate of £ 1-2-10 for each (vide the illustration). Including a sum of £ 5-13-4 for sundry disbursements, the total amount of £18-4-6 was claimed and received from the Government. Gandhiji discovered certain errors in the account and corrected them, showing that an amount of £ 2-13-4 was due to be returned to Government. The statement here given is the corrected one. 2 This and the subsequent serial numbers were left uncorrected by oversight. 70. TELEGRAM TO COL. GALLWEY [DURBAN, prior to January 7, 1900]1 COLONIAL GALLWEY P. M. O. HEADQUARTERS NATAL 500 FREE INDIANS ARE READY TO DO AMBULANCE WORK AS BEFORE UNTIL THE WAR IS OVER AND TO FOLLOW THE GENERAL. THEY HAVE REGISTERED THEIR NAMES AT MY OFFICE AND ARE READY TO START ON INSTANT NOTICE. MOST OF THE FORMER LEADERS ARE ALSO READY. DOCTOR BOOTH HAS OBTAINED LEAVE AND WILL ACT AS MEDICAL OFFICER AS BEFORE AND CONSENTS AT OUR REQUEST TO ACT AS SUPERINTENDENT IF CALLED UPON OR IN ANY OTHER WAY YOU WISH. SO THAT OUR DURBAN CORPS IS NOW COMPLETE IN ITSELF AND ANXIOUS TO START WORK IF THERE IS ANY SCOPE. GANDHI From the photostat of the office copy in Gandhiji's hand : S. N. 3372c (No. 2). 71. THE AMBULANCE CORPS2 [DURBAN,] January 30, 1900 DEAR SIR, I received your letter asking [me] to contribute notes on the doings of the Indian Ambulance Corps at Spearman's Hill when we were all in the thickest of the work. Some of us had, besides taking charge of stretchers, to look after the provisioning, etc., of the Corps, getting hardly time to sleep or eat. Hence my inability to acknowledge your note which, I trust, you would excuse understandingly. But even if time had permitted, I would have refrained from writing the notes on the strength of the advice of a valued English friend who, soon after he saw my notes3 in the Advertiser on the doings of the Corps 1 On December 29, 1899, Gandhiji received a letter (S. N. 3360) asking him how many Indians he could supply to work as stretcher-bearers. Gandhiji sent the above telegram some time in the first week of January 1900. He had sent an interim reply by telegram (not available) in the preceeding week, as stated in the first draft (vide S. N. 3372c) of the above (second) telegram. The Corps was reformed at Estcourt on January 7, 1900. 2 This was a personal letter to the editor of The Natal Advitiser in reply to his letter of January 22, 1900. 3 These are not available. in the Colenso fight, thought that there should be very little said by the Indians themselves of their work done in connection with the war and that their part was merely to do without speaking. Since then I have so far their part was merely to do without speaking. Since then I have so far resisted all temptations to write anything about the work for publication. I remain, yours truly, From the photostat of a draft in Gandhiji's hand : S. N. 3372. 72. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, February 22, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I notice that the Queen's Chocolate for the soldiers and volunteers is being now distributed. I do not know whether this chocolate is to be distributed among the Ambulance Corps formed in the Colony. But whether it is or not, I have been asked by the Indian Volunteer Leaders (about 30), who joined the Indian Ambulance Corps without pay, to request you to obtain the gift for them, if possible. It will be greatly appreciated by them and prized as a treasure if the terms under which the gift has been graciously made by Her Majesty would allow of its distribution among the Indian leaders.1 I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archieves : C. S. O. 1462 / 1900. 1 The request was not acceded to on the ground that the gift was confined to enlisted Non-commissioned Officers and men. 73. TELEGRAM TO COLONIAL SECRETARY [DURBAN] March 1, 1900 TO HONOURABLE COLONIAL SECRETARY [PIETERMARITZBURG] INDIAN VOLUNTEER LEADERS BELONGING TO INDIAN AMBULANCE CORPS DESIRE ME TO CONVEY THEIR RESPECTFUL CONGRATULATIONS TO GENERAL BULLER ON HIS BRILLIANT VICTORY AND THE RELIEF OF LADYSMITH. Pietermaritzburg Archives : C. S. O. 1605 / 1900, and the photostat of the office copy : S. N. 3400. 74. ON THE DEATH OF W. W. HUNTER1 DURBAN, March 8, 1900 Sir William Hunter is dead. This removes from the world our best champion. It is proposed to send the enclosed cable2 of condolence to Lady Hunter on behalf of the Congress. Those who are in favour of incurring the expense, please sign.3 From the photostat of the original in English and Gujarati, in Gandhiji's hand- writing: S. N. 3402. 75. INVITATION TO PUBLIC MEETING4 DURBAN, March 10, 1900 DEAR SIR, The pleasure of your company is requested at a meeting of the Indians resident in the Colony, to be held in the Congress Hall, Grey St., on Wednesday the 14th. inst. at 8 p.m., to adopt congratulatory resolutions with 1 A circular letter. 2 The text of the cable is not available. 3 Here follows a circular in Gujarati in practically the same terms. At the end of the document are the signatures of eight prominent members of the Congress who recorded their agreement with the proposal. 4 The letters of invitation bore the heading "Long Live Kaiser-i-Hind" and pictures of Queen Victoria and three prominent British Generals who had taken part in the Boer War. reference to the recent brilliant successes of their British arms and the consequent relief of the beleaguered towns of Ladysmith and Kimberley. The Honourable Sir John Robinson, K.C.M.G., M.L.A., has kindly consented to preside on the occasion. I remain, Yours truly, M. K. GANDHI HON, Sec., N. I. C. R. S. V. P. From the photostat of the original printed circular letter : S. N. 3404. 76. CONGRATULATIONS TO BRITISH GENERALS At a large and representative meeting of Indians and European s held in response to the invitations issued by Gandhiji on March 10, a resolution congratulating the British Generals was adopted. Supporting the resolution, Gandhij made a brief speech of which the following is a press report. DURBAN, March 14, 1900 Mr, M. K. Gandhi, Secretary of the Indian Congress, in supporting the resolution1 said that they were deeply grateful for the splendid response which had been made to the invitations issued to the European community in Durban. They had response also from Indians in Umzinto, Verulam and other centres. There was some talk of a special meeting being held by the Indians. He thought that the Indians could not be too joyful in connection with the British victories in South Africa, provided they did not become conceited. The Indians had a special interest in this affair. Lord Roberts, the hero of Kandahar,2 who was at the head of the forces, and Sir George White, who had conducted the siege of Ladysmith with much gallantry, had been for some long time Commanders-in-Chief in India. The Indians would have failed in their duty to themselves if they had not given expression to their feelings at the successes which had attended the feats of the two Generals. He hoped that they would believe him when he said that the want of the knowledge of English language did not prevent Indians from following the course of events with accuracy and interest. It was the Indians' proudest boast that they were British subjects. If they were not, they would not have had a footing in South Africa. The Natal Mercury, 15-3-1900 The Natal Advertiser, 15-3-1900 1 Vide Resolution No. 1 on p. 143, infra. It was moved by Abdool Kadir. President of the Natal Indian Congress, and seconded by Louis Paul. 2 In 1880 Lord Roberts made a historic march from Kabul to Kandahar, then capital of Afghanistan. 77. INDIAN AMBULANCE CORPS IN NATAL1 [DURBAN, post March 14, 1900] General Sir William Olpherts is reported to have said : While fully sharing the enthusiasm for the bravery of our troops fighting in South Africa, I think that sufficient attention has not been called to the devotion of the Indian dhoolie-bearers who do their work of mercy on the battlefields. Under the heaviest fire they seek the wounded, fearing nothing, although without means of defence. These Indian fellow-subjects of ours are doing in Natal a work which requires even more courage than that of the soldier. Since sending my last contribution,2 I have been twice to the front; and though what General Olpherts said of the dhoolie-bearers could not be said of all the Indian Ambulance Corps, I have no doubt that the Corps has done a work that was absolutely necessary, and that would do credit to any Ambulance Corps in the world. I referred in my letter, dated October 27th, to the unconditional offer, without pay, of the English-speaking Indians of Durban to do service on the battlefield. Since then, even have happened which resulted in its acceptance. It was anticipated that the battle of Colenso would claim not a few lives, and that the safe carrying of the seriously wounded would be a grave problem, as the limited number of European ambulance bearers would not be equal to the required strain. General Buller, therefore, wrote to the Natal Government, asking them to raise an Indian Ambulance Corps, which would not be required to work within the range of fire. The managers of the various plantations (which control much Indian labour), as well as the leaders of the Indian community, were approached by the Govern-ment, and the response was prompt. A Crops of over 1,000 Indian stretcher-bearers was formed in less than three days, the bearers receiving 20s. per week as against 35s. per week received by the European bearers. It is worthy of mention that the sturdy band of leaders began their work under exceptionally happy auspices. The late Mr. Escombe, who was sometime Prime Minister of Natal and represented the Colony at the Conference of Colonial Premiers at the time of the Diamond Jubilee, gave a reception in this house to the volunteers, where the Mayor of Durban, Mr. Pakeman of the Johannesburg Leader, and other ladies and gentlemen were invited, and in his address-which was his last public utterance-spoke words of encouragement to them, and generously observed that Natal could not forget the loyal services that the Indian community in its own way was rendering to the Colony and to the Empire. The Mayor also spoke to the effect. Later, in the same evening, Mr. Rustomjee of Durban gave a dinner-party in hounour of the leaders going to the front, when 1 Vide footnote on p. 58, supra. 2 Vide "Indian Traders in Natal", November 18, 1899. all the prominent Indians representing different divisions sat at the same table. The Corps reached Chieveley at about 3-30 p.m. on December 15, and as soon as they were detrained, the bearers were given their red-cross badges and ordered to march to the field hospital?a distance of over 6 miles. The conditions under which this Corps worked were possibly somewhat more arduous than is usual. Wherever they went, they carried rations for a month or a fortnight, as the case might be, including firewood, and, at first, without wagons or a watter-cart. The Chieveley district is extremely dry, and there is hardly any water to be found within easy distances. The roads all over Natal are rugged and more or less hilly. On reaching the field hospital, we heard of the battle at Colenso. We saw the wounded being brought by the ambulance wagons and the European bearers from the base of operations to the field hospital, and the men as well as the leaders full realised the situation. Before the tents could be pitched (I mean the tents for the leaders and not for the bearers?the latter had to sleep as they could, in the open, in some cases even without blankets), or the men could have anything to eat or drink, the Medical Officer wanted over 50 wounded men carried to Chieveley station. By 11 o'clock at night, all the wounded the Medical Officer could get ready were taken as directed, and it was only after that time that the Corps could get a meal. After this, the Superintendent of the Corps went to the Medical Officer and offered to carry more stretchers, but he was thanked and told to keep the men in readiness at 6 o'clock next morning. Between that time and noon, over 100 stretcher cases were disposed of by the men. While they were returning from their work, orders were received to strike camp and march to Chievely immediately to entrain there for Estcourt. This was, of course, a retreat. It was wonderful to see how, with clock work regularity, over 15,000 men with heavy artillery and transports broke camp and marched off, leaving behind nothing but empty tins and broken cases. It was an extremely hot day for marching?this portion of Natal is treeless as well as waterless. The Corps commenced its march at noon under these trying conditions. On reaching the railway station at about 3 o'clock , the station-master informed the Superintendent that he could not say definitely when he could place the carriages?I mean open trucks in which the men were to be packed like sardines?at his disposal. The European Ambulance men and the Indians had to remain about the station yard till 8 p.m. The former were then entrained for Estcourt, and the latter were told to shift for the night as best they could on the veldt. Tired, hungry, and thirsty (there was no water available at the station except for the hospital patients and the station staff), the men had to find means of satisfying both hunger and thirst, and of obtaining some rest. They brought dirty water from a pool about half a mile from the station, cooked rice and by midnight, after partaking of what was, under the circumstances, regarded as an excellent repast, wanted to sleep. Practically the whole of General Buller's Cavalry passed by during the night, and the men had very little rest. Next day the men were closely packed in the trucks, and, after five hours' waiting, the train proceeded to Estcourt where, in a violent storm, exposed to the sun and wind, without shelter, the Corps had to remain for two days, after which orders were received to temporarily disband it. General Wolf-Murray had officially recognised the services rendered by the Corps. On January 7th, the Corps was re-formed and proceeded to Estcourt, this time under somewhat better auspices, in that the nine hundred and odd bearers also were provided with tents. Fully a fortnight elapsed, however, before actual work was commenced. The interval was passed in drilling the men and their leaders under the indefatigable Dr. Booth, who volunteered on the same terms as the leaders (i.e., without any remuneration) to accompany the Corps in the capacity of medical officer. The drill consisted in teaching the bearers how to lift the wounded, and to place and carry them on stretchers. They were taken long distances over extremely rugged ground. All this training was found to be of inestimable value, and none too strict. Thus, fitted as the Corps was more or less for military discipline, it did not find it difficult, when the orders were received at 2 a.m., to entrain for Frere at 6 o'clock in the morning, to break camp, load the two wagons and march to the station within three hours. From Frere a distance of 25 miles had to be covered on foot before the head-quarters at Spearman's Camp could be reached. I shall let the special correspondent of The Natal Witness speak of the experiences and trials of this journey. Early in the afternoon, heavy clouds began to bank upon the horizon, and at half past three, a storm seemed imminent. Meanwhile the wagons had arrived and been loaded up. The start was not auspicious. At the first dip between the station and our camping ground, the leading wagon stuck fast and half an hour elapsed before it could be extricated. By that time, a terrific wind had arisen, which appeared to be blowing the threatening thunderstorm away from us to the south-ward. . . . In less than three-quarters of an hour, the wind suddenly veered, bringing the storm back with tremendous force, and hail along with it. . . The hail certainly ceased after a while, but the rain continued in a steady downpour. . . .At length, it was decided to halt and wait for the wagons, and the rain having now stopped, although the clouds gave evidence of more to follow, ovens were made out of ant-heaps, at which we endeavoured (for the most part, unsuccessfully) to dry our sopping garments. . . At 8 o'clock, just as we were becoming partially dry and recovering our spirits under the influence of the fires, down came the rain again in tropical torrents. All the time, a bitter wind blew, and for discomfort our situation could scarcely have been excelled. The leading wagon had got stuck in a drift from which, owing to the awful state of the road and weather, the combined spans of oxen (32) had been quite unable to remove it. . . The next morning, fifty stretchers went out to the temporary hospital. Here Major Bapty, Secretary of the Principal Medical Officer, sent word to the leaders that it was optional for them to take the stretchers or not to the base at Spion Kop, about two miles on the other side of the river, as it was within range of the Boer guns, and he could not be sure that they would not drop a shell or two on the pontoon bridge. This preliminary was due to the fact that the men were told, as I have said before, that they would have to work without the line of fire. But the leaders and the men were quite ready not to mind the risk and go to the base and undertake the work. By evening almost all the wounded were brought to the stationary hospital, the bearers often having to make three or four journeys from the temporary hospital to the base. Full three weeks were thus passed in almost continuous work, emptying one hospital after another, chiefly the stationary hospital. During the time five journeys were made to Frere, the men three times carrying the wounded the whole distance of 25 miles in a single day, and twice taking them up at or near the little Tugela bridge at Springfield from the European bearers. The Corps had the honour of carrying some officers of note? Major-General Woodgate being among them. It was freely remarked each time the "light-footed, elastic-stepped" bearers covered the whole distance of 25 miles with their charge, under a trying sun and over a difficult road, that they alone could perform the feat. Says the special correspondent of The Natal Witness : One hundred miles in five days may be accounted fairly good walking for a man unburdened with any weight but that of his own carcass and clothes. When the wounded have to be carried on stretchers for nearly half that distance, and the greater portion of the remainder is traversed by men laden with heavy kit, such marching, I think, will be acknowledged as very creditable work. Such is the feat lately performed by the Indian Ambulance Corps, and one that any body of men may be proud of. Thus honoured and thus satisfied with the thought of having done its duty, the Corps was again temporarily disbanded?but recent events go to show that its services may not be needed again. The Indian merchants had supplied the leaders with large quantities of cigarettes, cigars, pipes, and tobacco for the wounded, and these were freely distributed among them. Of course, they were very much appreciated, especially as no cigarettes, etc., could be had in or near the camp. The leaders and the bearers were by no means satisfied with having carried their charge safely and well to their destination; but, at each stopping place during the long marches, even neglecting their own comforts, they left no stone unturned to attend to the wants of the wounded, e.g., helping them to tea and fruit?often doing so with their own money, or from their own rations. Nor is this the only part the Indian community has taken in the war. All the leaders who went without pay were not capable of maintaining their dependents during their absence. The Indian merchants therefore, started a fund which contributed to the support of the support of the families of such leaders as needed it, and at no inconsiderable cost fully equipped the volunteers. In order to still more effectively identify themselves with the patriotic wave, and to show that they are capable of sinking their differences in the face of a common danger, they have subscribed a respectable sum of £65 to the Durban Women's Patriotic League, a local organisation formed for the purpose of providing medical comforts for the wounded soldiers and volunteers, some of which latter are violent anti-Indian Colonists. The Indian ladies have come forward to prepare pillow-cases and handkerchiefs for the same purpose, out of cloth furnished by the Indian merchants. Thus speaks The Natal Mercury anent the subscription : This gift of money for the Women's Patriotic Fund, specially for the purpose of assisting in the care of the sick and wounded volunteers at the front, is a very acceptable and eloquent expression of the feeling of the Indian people. It is not enough, in their minds, to succour the large mass of Indian refugees, as they are doing in an open-handed manner, but they must bestow this added contribution, we believe, as a token of their devotion to the Queen-Empress and to the country in which they have come to reside. Nothing can better show the real feeling that animates this portion of our population, who too often have very little said on their behalf, than such a display of loyalty. The Indians have entirely taken on their shoulders the maintenance of thousands of Indian refugees not only from the Transvaal but also from the upper districts of Natal which are temporarily in the hands of the enemy. This fact has so much impressed the Colonial mind that the Mayor of Durban made the following public acknowledgement : They knew full well that many of the Indian nationality had been compelled to leave their posts and come down here as refugees. They had had a large number arrived, and the Indians had borne the expense themselves. For that he sincerely thanked them. It derives, at the present moment, a peculiar importance. The Central Committee in London have cabled withdrawing their support from the able-bodied European refugees, confining it solely to women and invalids, and the matter is now taxing to the utmost the resources of the Refugee Relief Committee in Durban. It may not be amiss to mention also a few instances of individual sympathy for the soldiers. An Indian woman who lives on the daily sale of her fruits is reported, on the soldiers landing at the Durban wharf, to have emptied the whole contents of her basket into Tommy's truck, saying that was all she could give that day. We are not told where the noble-hearted woman found her food for the day. Similarly, several Indians, in an outburst of enthusiasm are reported to have showered cigarettes and other delicacies on Natal's fighters from over the waters. When the joyful news of the relief of Kimberley and Ladysmith was flashed across the wire, the Indians vied with the Europeans in their patriotic zeal to celebrate the occasion by decorating their stores, etc. They also held, on the 14th instant, a meeting. The Hon. Sir John Robinson, K.C.M.G., the first Prime Minister of Natal under Responsible Government, was invited to preside on the occasion, and he very kindly accepted the invitation. Over a thousand Indians from all parts of the Colony and over sixty leading European citizens attended the meeting. The Times of India (Weekly edition), 16-6-1900 78. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, March 17, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to forward the petition1 of Ava, wife of Amod Abdoolla of Durban, praying for mercy to be shown to her husband who is at present undergoing imprisonment in the Central Gaol, Durban, for His Excellency the Governor's consideration. I venture to think that to pardon the man would be to save the woman's honour. She being alone, young, and comparatively well-bred, is exposed to temptations which may ruin her for ever. The occasion alluded to by her, the relief of Ladysmith, may be considered sufficient to justify the exercise of the prerogative of mercy in the present case.2 I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archieves : C. S. O. 8646 / 1901. 79. CONGRATULATIONS TO BRITISH GENERALS [Prior to March 26, 1900] TO THE EDITOR The Natal Witness DEAR SIR, I beg to enclose herewith for publication copies of the telegraphic communications which the Hon. Sir John Robinson, K.C.M.G., in his capacity as chairman of the meeting of the Indian community held in Durban on the 14th day of this month, has received from the Generals, Lord Roberts, Sir Redvers Buller, and Sir George White, in reply to con-gratulatory resolutions adopted by that meeting and at its request telegraphed by the honourable chairman to the distinguished Generals. I enclose also copies of the resolutions above referred to. I am, etc., M. K. GANDHI HON. SECRETARY, N. I. C. 1 This is not available. 2 Amod Abdoolla was granted a remission; vide "Letter to Colonial Secretary", June 11, 1900. [Enclosures] Resolution No. 1 : This meeting of the Indian subjects of Her Majesty the Queen-Empress tenders its respectful congratulations to the Right Hon. Field Marshal Fredrick Sleigh Lord Roberts of Kandahar, V.C., K.P., G.C.B., G.C.S.I, G.C.I.E., Commander-in-Chief of the Forces in South Africa, on his having secured the relief of Kimberely, and after a stubborn fight having captured General Cronje and his commando, and having thus turned the tide of fortune in favour of the British arms, and records with gratification the fact that it is the hero of Kandahar, and sometime Commander-in-Chief of the Forces in India, who is leading the British Forces in South Africa victory to victory. Resolution No. 2 : This meeting of the Indian subjects of Her Majesty the Queeen-Empress tenders its grateful congratulations to the Right Hon. General Sir Redvers Henry Buller, V.C., G.I.B., upon his brilliant victory, in the face of almost insurmountable difficulties, over an enemy holding naturally invulnerable positions, and upon his having, undismayed by temporary reverses, effected the relief of the beleaguered garrison in Ladysmith, thus vindicating the might of the British Empire and valour of the British soldier. Resolution No. 3 : This meeting of the Indian subjects of Her Majesty the Queen-Empress expresses its prayerful thankfulness to the Almighty for having restored to the Empire General Sir George Steward White, V.C., G.C.B., G.C.S.I., G.C.I.E., and his brave troops, including so many sons of the soil-the Natal and other South African Volunteers-who, with unexampled fortitude and patience, for close upon four months went through the arduous trials of the siege, often repelling the advances of the enemy; and tenders its respectful congratulations to the gallant General on his having sustained British honour and prestige under circumstances presenting exceptional difficulties; and wishes to record its pride in the fact that it was India's former Commander-in-Chief who was instrumental in saving the Colony from falling into the hands of the enemy. (1) March 17, 1900 FROM LORD ROBERTS BLOEMFONTEIN TO SIR JOHN ROBINSON DURBAN I beg to thank you for the kind telegram you have been good enough to send me embodying a resolution passed at a meeting of the Indian community of Natal. I am deeply grateful for the congratulations and kind wishes expressed therein. (2) March 16, 1900 FROM GENERAL BULIER LADYSMITH TO SIR JOHN ROBINSON DURBAN The address you kindly sent me from Indian community has given me much gratification. (3) March 16, 1900 FROM SIR GEORGE WHITE EAST LONDON TO SIR JOHN ROBINSON DURBAN Please accept and convey to the Indian community of Natal my sincerest thanks for the most kind resolution passed by their meeting. My connection with India has been a long one, and the best days of my life have been spent there, and the good wishes of my Indian fellow-subjects are very gratifying to me. The Natal Witness, 26-3-1900 80. THE INDIAN HOSPITAL1 14, MERCURY LANE, DURBAN, April 11, 1900 DEAR. . . . I enclose herewith a copy of the monthly report of the Indian Hospital. It was as you know established nearly 18 months ago.2 The need is real, as will appear from the report. All sections of the Indian community have received help from the hospital. It is a boon to the poor. It could not have been opened but for the subscriptions from the Durban Indians, who have subscribed nearly £84, and for the services rendered by Dr. Booth and Dr. Lilian Robinson, now replaced owing to her illness by Dr. Clara Williams. As Durban has been bearing the brunt of almost all the subscriptions, it may not be considered out of place to invite the Indians from the other parts of the Colony to enjoy the privilege of succouring the poor in the best possible manner, viz., alleviating bodily sufferings. At least £80 are needed to enable the hospital to continue for 2 years and to pay the arrear rent. But a much larger sum is necessary if the 1 A circular letter. 2 The hospital was opened on September 14, 1898. hospital is to be continued, as I venture to think it must be, seeing that, during its existence, it has answered a hardfelt need. I fully trust that you will give your share and induce others to do likewise. Receipts will be fully acknowledged and accounts furnished. I am, yours truly, M. K. GANDHI From the photostat of the handwritten office copy : S. N. 3725. 81. AN APPEAL FOR FUNDS1 14, MERCURY LANE, DURBAN, April 11, 1900 SIR, You all know that a hospital for Indians was opened in Durban about a year and a half ago. Dr. Booth and another doctor work in it in an honorary capacity. Prior to the opening of the hospital, a meeting was held in Durban at which it was decided that Indians should contribute £85 per annum as rental charges. This arrangement was to hold good for a period of two years. A fund was immediately raised and a sum of £61 collected. The balance of £24 is still to be collected. But this amount will not suffice to meet the expenses. Over nine months' rent is in arrears. As Durban has contributed to many funds, it is not proper to put the responsibility for the remaining amount on it alone. Hence this letter. A report of the working of the hospital for the first six months is enclosed from which you will see the usefulness of the institute. Madrasi women entering it in a very serious condition have come out cured. The Gujaratis also have benefited from it. No community has been left out. Free medicine is supplied to hundreds of patients who deposit some amount, according to their capacity, in the charity box kept for the purpose; even those who cannot contribute anything receive medicine. Medicines are bought out of the box collections and the deficit, if any, is met by the missionaries. If we are not able to help, the hospital will have to be closed down. As the two doctors serve honorarily, it is being run at a small cost and many poor people benefit from it. A blind, old, infirm Gujarati gentleman received free treatment in the hospital for many days. You ought to spare whatever you can for such a cause and also collect contributions from others and forward them. Receipts will be issued for any money received. I hope you will exert yourself to the utmost. M. K. GANDHI From the photostat of the original in Gujarati : S. N. 3725. 1 A circular letter. 82. INDIAN AMBULANCE CORPS1 DURBAN, April 18, [1900] Perhaps, in reading the accounts published from day to day of the Boer War, you have followed the movements of the Indian community in connexion with it in so far as they have been chronicled by the newspapers. But, I am also aware that the Press has not been able to give anything like a full account of the doings of the Indians in South Africa. I need hardly say that, as soon as war was declared, irrespective of their opinions as to the justness or otherwise of the war, the Indians to a man made up their minds to give their humble support to the British Government during the crisis; and, as the immediate result of this sentiment, an extremely well-attended meeting of the English-speaking Indians of Durban was held, and as many as could signed, there and then, a declaration offering their services to the military authorities, unconditionally and without pay to do any work that they may be considered fitted for, especially mentioning the field hospital and commissariat departments, and recording the fact that they did not know the use of arms. The offer was ultimately accepted in connexion with the Indian Ambulance Corps which, at the instance of the military authorities, was formed in Natal. The bearers for the Corps consisted mostly of indentured Indians supplied by the estates in Natal, through the Protector's Department, and through the above-mentioned volunteers who were to act as leaders of the parties of stretcher-bearers, the Indians being perfectly free either to go to the battlefield or not. Thus, about 1,000 Indian bearers, and thirty leaders (no more of the latter being really necessary), carried the wounded after the battle of Colenso, and by their arduous work commanded the admiration of all concerned and more than satisfied the patients themselves. It was freely acknowledged by the European Superintendent of the Corps and other Europeans who came with it that, without the leaders, the carrying could not be done with satisfaction. The Corps, having been formed only for the advance to Ladysmith through Colenso, was disbanded after the reverse, and was re-formed when General Buller tried to force a passage through Spion Kop. The nature of the work this time was, if possible, more exacting and, undoubtedly, more risky. The Indians, contrary to the announcement that they were to work without the range of fire, had to fetch the wounded from within the range, at times shells falling within hardly 100 yards of them, all this, of course, being unavoidably due to the unexpected reverse 1 This letter of Gandhiji appeared in India as from its "Indian Correspondent". He had already sent a fuller account to The Times of India (Weekly edition), vide "Indian Ambulance Corps," post 14-3-1900. at Spion Kop and retirement from Vaalkranz. The bearers and the leaders had to march with their charge to a distance of twenty-five miles, from Spearman's Camp to Frere, over the Natal roads which, as you are aware, are very rough and hilly, at one time doing a distance of over 125 miles in a week. Moreover, our Indian merchants supplied cigarettes, etc., for the wounded, which was quite a feature of the Indian Corps. Many Europeans who ought to know have told me that no European Ambulance Corps could cover the distance of twenty-five miles, carrying the wounded under such difficult circumstances, in a single day, which our Indian bearers and their leaders did in the face of serious difficulties about food and shelter. Not being satisfied with this work, and in order that our merchants may be still more effectively identified with the patriotic feeling, and in order to show that we were quite capable of sinking our local differences at a time of common danger, a substantial fund to the amount of £65 was collected by them and handed over to the Durban Women's Patriotic League, which is a local organisation for supplying medical comforts to the wounded soldiers and volunteers, some of the latter being violently anti-Indian Colonists. Our Indian ladies prepared handkerchiefs and pillow-cases out of cloth supplied by our merchants for the wounded. All the Indian refugees, counting thousands, have been entirely supported by the Indian community?a fact that has elicited from the Mayor of Durban a public acknowledgement of gratefulness, and this fact becomes the more important in view of what is going on at present. The Refugee Relief Committee find it very difficult to adequately maintain even the European refugees. The Central Committee in London has cabled withdrawing the support hitherto given as well to the able-bodied men as to the women and infirm men. When the welcome news of the relief of Kimberley and Ladysmith was received, the Indians, side by side with the Europeans, marked their sense of joy by closing their shops, decorating their stores, etc. They also held a public meeting. Sir John Robinson, who was the first Prime Minister of Natal under responsible government, was invited to preside for the occasion, which invitation the Honourable gentleman very kindly accepted. The meeting was a brilliant success and was attended by about 1, 000 Indians representing all parts of the Colony, and over sixty, leading Europeans. India, 18-5-1900 83. LETTER TO LEADERS OF AMBULANCE CORPS DURBAN, April 20, 1900 DEAR SIR, You have shown you patriotism and brought honour to yourself and your country by joining the Indian Ambulance Corps as a leader and have thereby rendered service both to your own self and your motherland. It will, therefore, behove you to look upon that as a reward in itself. But I have a feeling that you enlisted partly out of regard for me and to that extent I am beholden to you. I cannot compensate you for it in terms of money as I have no power to do so. But I have not forgotten your act of regard for me and, as a memento for the assistance you gave me in serving the motherland at a critical juncture, I offer you the gift of my services, which please accept. I hope you will make such use of them as you can. I promise to take up without fee any legal work that I can do in Durban for you or for your friends to the extent of £ 5 during the course of a year from today, while I remain in South Africa and do not leave for India. M. K. GANDHI From the photostat of the original Gujarati : S. N. 3445. 84. LETTER TO STRETCHER-BEARERS [DURBAN, April 24, 1900]1 DEAR SIR, While we were doing at the front the work of carrying the wounded, I promised to make a small present myself to the stretcher-bearers within my charge in the event of their doing their work creditably. The officers are pleased with your work as indeed with that of all the bearers. It is, therefore, time for me to act according to my promise. As a token of my appreciation of your work, I present you with the accompanying,2 which I trust you will be good enough to accept. You have rendered a service to the community in having gone to the front. That you may always do good deeds, earn your bread honestly, and perform your duty, firmly trusting that you cannot but serve yourself in serving your countrymen, is the prayer of your well-wisher, M. K. GANDHI From an original, cyclostyled letter signed by Gandhiji : C. W. 2939. 1 The date is taken from a similar letter in Gujarati (S. N. 3729) addressed to Shri Pragji Dayal, one of the stretcher-bearers. 2 The documents available do not disclose the nature of the present. 85. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, May 21, 1900 TO THE HOUNOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to enclose herewith a 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 eighty-first 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 authorized to forward you a cheque. I have the honour to be, Sir, your obedient servant, M. K. GANDHI [Enclosure] "Natal Indians tender humble and loyal congratulations to Her Majesty on her eighty-first birthday fervently praying Almighty may shower choicest blessings on her." Pietermaritzburg Archives : C. S. O. 3760 / 1900. 86. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN June 11, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to acknowledge your letter of the 9th instant conveying the information that His Excellency has been graciously pleased to grant a remission of 18 months out of the 3 years' imprisonment passed upon Amod Abdoola.1 1 Vide "Letter to Colonial Secretary", March 17, 1900. I have given the information to Amod Abdoola's wife who, while she had hoped that, amid so much rejoicing, her husband would be restored to her at once, is extremely grateful for the mercy shown to her husband and herself by His Excellency. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archives : C. S. O. 8646 / 1901. 87. CIRCULAR FOR RESOLUTION OF THANKS1 [DURBAN,] July 13, 1909 A good word has been written about us in the annual report of the East India Association. The Association has expressed its intention to make every endeavour to uphold our rights. A resolution of thanks for this gesture is enclosed.2 Those gentlemen who favour the forwarding of this letter may please sign this.3 From the photostat of the Gujarati original in Gandhiji's handwriting : S. N. 3467. 88. TELEGRAM TO GOVERNOR'S SECRETARY [DURBAN,] July 26, 1900 TO PRIVATE SECRETARY TO HIS EXCELLENCY THE GOVERNOR PIETERMARITZBURG YOUR TELEGRAM. I SHALL HAVE THE HONOUR TO WAIT ON HIS EXCELLENCY AT 10-30 A.M. FRIDAY NEXT UNLESS I HEAR FROM YOU TO THE CONTRARY. GANDHI From the photostat of an office copy : S. N. 3474. 1 The draft-circular in Guijarati is followed by another in English, briefer but to the same effect. 2 The text of the approved resolution is not available. 3 The circular bears signatures in support of the proposal. 89. THE INDIAN FAMINE DURBAN, July 30, 1900 TO THE EDITOR The Natal Advertiser SIR, The Natal Emigration Agent at Calcutta has forwarded to the Protector of Indian Immigrants leaflets for distribution among the indentured Indians and those that have become free and settled in the Colony, appealing for funds in aid of the relief of the terrible famine now raging in India. This appeal, in my opinion, has an awful meaning. It shows the intensity of the calamity; it shows also that, in spite of the resources of a great Empire, it has been found necessary to ask even poor Indians to contribute their quota. It will be recollected that in 1896, when India was visited by a widespread famine, a direct appeal was made to the Mayor in South Africa, to which a prompt response was made from all parts of the contiment.1 This time, evidently, there has been no such direct appeal made, owing to the distress which we are undergoing ourselves. The same cause has prevented the Indian community in Natal, which has narrowly kept itself in touch with the situation in India and which has so far contented itself with having forwarded subscriptions to the branch office in India, from placing it before the Colonists generally. But the Viceroy of India has sent a fresh, pathetic appeal to the Lord Mayor of London, which urges every part of the great Empire to come to the rescue. The receipt of copies of the appeal and the simultaneous arrival of the leaflets from Calcutta change the aspect very materially, and, in my humble opinion, makes it incumbent upon the Indian community here, not only to make a fresh effort itself, but also to bring the matter, at any rate, to the notice of the Colonists, so as to enable them to exercise the privilege (shall I call it) of helping millions of their starving fellow-beings, who are, moreover, subjects of the same Queen as themselves. It will be, at the same time, exceedingly improper to ignore the fact that the Colony has suffered, and will yet have to suffer, a great deal owing to the war. But I may be pardoned for saying that our State is very prosperous compared to the miserable conditions of the millions in India, who have to be engaged in a war in which there is no victory to be gained, in which, probably, the only reward is a painful and lingering death. One penny would just feed a man for a day in the disaster area in India. Is there a man in the 1 Vide Vol. II, pp. 176-83. Colony who cannot, without any inconvenience, spare a shilling, and thus be the means of feeding 12 hungry mouths for a day? Though, therefore, it is quite true that many individual members cannot give very large sums, hundreds, even thousands, can give at least a few shillings each.1 The Lord Bishop of Natal has dwelt on the good that the War, bad as it is, has done, in that it has brought closer together the various parts of the mighty Empire to which it is our pride to belong. It may be that the threefold scourge in India?viz., famine, plague and cholera?black as it is, will be the means of forging another link in the chain that ties all together. Close on 6,000,000 of the famine-stricken in India have to be daily supported through the State, not to mention the flow of private charity, which saves tens of thousands of lives. Mr. Adamji Peerbhoy alone supported, according to The Time of India, during the month of May last, 16,300 men per day. The number of those seeking relief, according to Dr. Klopsch, increases by 10,000 per day. The welcome rains that have watered the greater part of the afflicted area, will, for the present, increase the numbers to be relieved and put a heavier strain on the resources of the State, both in men and money. The plague has been doing its work of destruction unremittingly for the last four years, and the cholera fiend, the right hand of famine, has completed the havoc. Besides the various British Colonies and Settlements, America has raised a fund and sent a special representative, Dr. Klopsch, to administer it. Germany has also come to the rescue. India's misery is such as all friends and strangers alike may assist in alleviating. Why not Natal? In conclusion, it is my pleasant duty to announce that His Excellency the Governor of Natal, the Honourable the Attorney-General, and the Hounourable Sir John Robinson have showed great sympathy for the starving millions of India, and promised to patronise any fund that may be raised on their behalf. I am etc. M. K. GANDHI The Natal Advertiser, 31-7-1900 1 In response to an appeal for funds by Sir John and others, over £ 2000 were subscribed by the Natal Europeans alone. Vide "Notes," p. 161 infra. Later, in a letter to the Press, however, (Vide "The Famine Fund", February 16, 1901 p. 177 infra,) Gandhiji mentions that "about £3000 were contributed by the Europeans, £1700 by Indians, and £300 by the natives." 90. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, July 31, 1900 TO THE HOUNOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, The Mahomedans, British Moslems of Natal, are preparing for presentation an address to H. M. the Sultan of Turkey as the Spiritual Head of that community, on the approach of his Silver Jubilee. I have been asked to advise as to the best way of sending the address, and it strikes me that the more formal and proper way would be to send it through His Excellency the Governor as it is to another sovereign in Europe from the Queen's subjects. I shall be obliged if you will be good enough to guide me as to the etiquette. As the address must leave on Saturday next, I shall esteem it a favour if you will kindly advise me early. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archieves : C. S. O. 6061 / 1900 91. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, July 31, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to enclose copies of correspondence1 that has passed between the Immigration Restrictions Officer and myself in connection with an application for a certificate of domicile. The rule referred to therein seems to have been passed only lately. I venture to think I have but to bring it to the notice of the Government to secure its relief. I have not been fortunate enough to obtain from 1 This is not available. the Immigration Officer the reasons which led to the passing of the rule. But, in my humble opinion, there could be nothing to justify the passing of such a drastic rule which, in practice, would prevent even the bona fide Indian residents of Natal from coming to the Colony. I would, therefore, be obliged if the Government would be pleased to instruct the Immigration Restrictions Officer to withdraw the rule in question and consider the application submitted to him on the its merits. I have the honour to be, Sir, your obedient servant, pro M. K. GANDHI V. LAWRENCE Pietermaritzburg Archives : C. S. O. 6063 / 1900. 92. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 2, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to request you on behalf of the representative Indians in the Colony to forward the following message by cable to the Secretary of State for the Colonies to be placed before Her Majesty the Queen Empress: "Natal British Indians humbly condole with Her Gracious Majesty in her grief."1 I am authorised to forward to you the cost of the message on hearing the cost from you. I have the hounour to be, Sir, your obedient servant. M. K. GANDHI Pietermaritzburg Archives : C. S. O. 6142 / 1900. 1 The occasion for the message was the passing away, on July 31, of the Queen's second son, Prince Alfred, Duke of Saxe-Coburg and Gotha. 93. TELEGRAM TO GOVERNOR'S SECRETARY [DURBAN] August 4, 1900 TO PRIVATE SECRETARY TO HIS EXCELLENCY THE GOVERNOR PIETERMARITZBURG YOURS OF YESTERDAY RECEIVED. I SHALL HAVE THE HONOUR TO WAIT ON HIS EXCELLENCY MONDAY 13-30 MORNING. GANDHI From the photostat of the officer copy : S. N. 3480. 94. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 11, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I beg to acknowledge your letter of the 9th inst. informing me that His Excellency the Governor has transmitted to the Secretary of State for the Colonies our message of condolence with Her Majesty embodied in my letter of the 2nd inst. for which I beg to thank His Excellency. I enclose herewith cheque for £2.14.0, being cost of message. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archives : C. S. O. 6142 / 1900. 95. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 13, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I beg to acknowledge your letter of the 11th instant conveying the information that His Excellency the Governor has received from the Secretary of State a telegram stating that Her Majesty desires that her thanks may be conveyed to the Natal British Indians for their message of condolence. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archieves: C. S. O. 6142/1900. 96. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 14, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to inform you with reference to your telegram of the 10th inst. that the promoters of the congratulatory address to H. M. the Sultan1 sent last Saturday the address to the Turkish Ambassador at London, as the time for the Silver Jubilee is approaching very near. If His Excellency the Governor considers that the address ought to be sent through the Rt. Hon'ble the Secretary of State for the Colonies, I think it is possible to request the Turkish Ambassador to hand it over to the Colonial Office at London. In any case, I shall be glad if I receive His Excellency's opinion for future reference in such matters. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archieves : C. S. O. 6061 / 1900. 1 Vide "Letter to Colonial Secretary", July 31, 1900. 97. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 18, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to acknowledge your letter of the 14th instant regarding the application for a certificate of domicile for one Dosa Desa. I regret to trouble you in the matter again. I tried to obtain from the Immigration Restrictions Officer information as to the causes that led to the introduction of the rule in question, but failed. It is quite possible that some people have abused the previous practice and if the abuse, assuming that it exists, was brought to the notice of the Indians generally, in my humble opinion, it could be mitigated, if not altogether stopped. If affidavits have been made falsely, the culprits could be legally punished. But the rule in question, though it may not be a hard and fast one, will, it is submitted, be a great hardship, especially to the poorer. As it is, they are put to considerable expense in getting the certificates, but the new rule would put necessary obstacles in their way. In practice, it is hardly possible to expect men to apply from India for certificates. It takes as a rule 30 days and often longer for a letter to reach India and, if there was any flaw in an affidavit, it is difficult to say how long it would not take before a certificate could be issued. Moreover, it is hardly to be expected that the limited number of Indians who may be known to the Immigration Officer as respectable could know the persons for whom certificates of domicile may be required. Under the circumstances, I submit that the rule should be withdrawn altogether and the ordinary procedure may be adopted to meet the abuse, if any, of the Immigration Restriction Act,1 under the old practice of issuing certificates. I may mention that my client, the applicant for the certificate, Dosa Desa, is much inconvenienced owing to the delay in obtaining the certificate. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archives : C. S. O. 6063 / 1900. 1 Vide Vol. II, pp. 241-4. 98. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 30, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, I have the honour to acknowledge your letter of the 29th instant with reference to the application for a certificate of domicile for one Dosa Desa. I notice that the Government presume the existence of a rule for departing from which no sufficient reasons appear to them to have been shown. The fact is, the rule complained against is an innovation on the established practice for the introduction of which the community immediately concerned with it has been furnished with no reasons and the source of which it still does not know. May I, then, enquire how the Immigration Act has been evaded under the recently existing practice? I venture to think that the innovation is causing an amount of inconvenience the measure of which the Government do not realize. If it affected only persons who may leave the Colony hereafter, it may not cause any hardship, but hundreds of Indians, who knew nothing of it when they went to India and who require such certificates, would find it very difficult to come to the Colony although they have a right to enter it. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archives : C. S. O. 6063 / 1900. 99. LETTER TO COLONIAL SECRETARY 14, MERCURY LANE, DURBAN, August 13, 1900 TO THE HONOURABLE THE COLONIAL SECRETARY PIETERMARITZBURG SIR, With reference to the correspondence re Dosa Desa, I have the honour to inform you that on the production of a certificate of reliability of the maker of the affidavit in support of this application which the maker was able to obtain, the Immigration Restrictions Officer has now granted the certificate applied for. The settlement of this application, however, in my humble opinion, does not dispose of the general question as to the innovation referred to in my letter of the 30th ultimo. I have the honour to be, Sir, your obedient servant, M. K. GANDHI Pietermaritzburg Archives : C. S. O. 6063 / 1900. 100. NOTES NOTES ON THE PRESENT POSITION OF THE BRITISH INDIANS IN SOUTH AFRICA1 [Post September 3, 1900]2 A suggestion has been made that the friends in England of the Indian settlers in South Africa should be put in possession of the latest facts regarding their grievances, so as to enable them to place the matter for consideration before the proper authorities, in view of the pending settlement of South African affairs. It has also been suggested that a memorial to the Colonial Secretary, backed up by public meetings, should be promoted in order that it may strengthen the hands of the workers in England. After mature consideration, the latter plan has been dropped. There 1 This was published in India, 12-10-1900, as from "a Natal Correspondent". 2 This date has been arrived at on the basis of references in the "Notes" to the Immi- gration Restriction Act (vide pp. 162-3, infra), a specific case under which was dealt with in the letters to the Colonial Secretary dated July 31, August 18 and 30, and September 3, 1900. are sound reasons for the belief that, if adopted, it will be misunderstood here, where the feeling is that until the war is over, and the troubles attendant thereon have entirely disappeared, no questions not arising from the war should be discussed or considered. Moreover, it is likely that a memorial at the present time would disturb the happy relations which, for the time being, appear to subsist between the European and the Indian communities. It is most difficult to say what the future would bring, and whether the old soreness would not be revived as soon as peace is restored. Indeed, there are grounds for the fear that there will be no change in the former attitude. The Natal Witness only a few days ago, in the course of a leading article, said that the services rendered by the local Indians, as ambulance-men and otherwise, should not be allowed to blind the Colonists to the necessity of keeping an ever-vigilant eye on the Indian question, and seeing that the temporary military occupation under Lord Roberts who, owing to his Indian connexion, might entertain pro-Indian views, is not permitted to encroach upon the position Natal has hitherto maintained successfully in restricting Indian immigration and enterprise, and that the services referred to above were rather an acknowledgement by the Indians of the justice of Natal's position than that they were rendered in spite of their legitimate grievances. The Indians formed a Volunteer Stretcher-bearer Corps of over 1,000, each bearer drawing £1 per week, i.e., a little over half the pay drawn by the European stretcher-bearers, assisted by 30 leaders who served without any remuneration whatsoever, and included the most respectable portion of the community, and who left their business or employment to serve their Empress. When they did so, it was clearly stated that it was done in spite of the grievances, because they felt it their duty, at a time like that, to sink the domestic differences. The Indian merchants, if they could not join the Corps, equipped the leaders and maintained the families of such of them as stood in need of help. The Corps served at the fateful battles of Colenso, Spion Kop and Vaalkranz. High praise has been bestowed on the work done by it. Sir John Robinson?the first Prime Minister of Natal?has thus spoken of its services: With reference to the part played by the Indian community during the crisis, I can only say that it redounds to the credit and patriotism of you all. Reasons which you can well understand forbade the employment of any but British troops in the battle-field. But whatever use could be made of your loyal ardour? what opportunity could be afforded to your eager desire to co-operate in the Empire's cause? was gladly agreed to by the authorities. Though you were debarred from actual service in the field, you were able to do excellent work in suc-couring the wounded. I cannot too warmly thank your able countryman, Mr. Gandhi, upon his timely, unselfish and most useful action in voluntarily organising a corps of bearers for ambulance work at the front at a moment when their labours were sorely needed in discharging arduous duties which experience showed to be by no means devoid of peril. All engaged in that service deserve the grateful recognition of the community. The Indians contributed what has been called a handsome sum (over £ 57) to the funds of the Women's Patriotic League, of which The Natal Marcury says : This gift of money for the Women's Patriotic Fund, especially for the purpose of assisting in the care of sick and wounded volunteers at the front, is a very acceptable and eloquent expression of the feeling of the Indian people. It is not enough, in their minds, to succour the large mass of Indian refugees, as they are doing in an open-handed manner, but they must bestow this added contribution, we believe, as a token of their devotion to the Queen-Empress and to the country in which they have come to reside. Nothing can better show the real feeling that animates this portion of our population, who too often have very little said on their behalf, than such a display of loyalty. The Indian ladies gave their work in the shape of making pillow-cases, handkerchiefs, etc., for the wounded out of cloth supplied by the Indian merchants over and above the above contribution. The Indians throughout the trying times also maintained thousands of their fellow-countrymen, refugees from the Transvaal and the parts of the Colony in Boer occupation, practically without encroaching upon the funds sent from London and raised locally, and administered by the Refugee Relief Committee. The Mayor of Durban has acknowledged that service in the following words (spoken in March last) : The Mayor took the opportunity of thanking the Indian community for their loyalty during the last four months or so. Many of their people had been compelled to leave their abodes in the upper parts of the Colony, and had come down here for refuge. These they had taken amongst themselves, and borne the burden of maintenance at their own expense. For that he thanked them sincerely. It may be stated, without any affectation, that these services have been rendered without any intention to secure any reward. If we claimed privileges as British subjects we could not very well shirk the duties of such subjects, which the very humble services undoubtedly were, and, therefore, could carry no reward. It might be worthy of note that the local Indians were not behind-hand in materially assisting the Indian Camp Followers' Fund, initiated by Captain Leumann, I. M. S. They subscribed over £50, and the Colonial-born Indians gave an amateur performance, handing to it the net proceeds thereof to the extent of over £20. As an illustration of the happy relations may be mentioned the great meeting held by the Indians to congratulate the British Generals on the relief of Ladysmith and Kimberley, which was presided over by Sir John Robinson, and attended by over fifty leading European citizens; also, the extremely generous response made by the Europeans in Natal to an appeal for the famine-stricken masses of India, over £ 2,000 being subscribed by them alone. The Governor is the Patron of the Fund, the Mayor of Durban is the Chairman, the Protector of Indian Immigrants the honorary treasurer, an Indian gentleman the honorary secretary, and leading European planters and merchants on the Committee?a combination that might have been impossible a year ago. The above remarks on the feeling regarding the British Indians in Natal clears the ground for a statement of grievances. It may be as well to read the following summary side by side with the circular letter dated 27th March, 1897.1 As to the Transvaal and the Orange River Colony, nothing need be said at present, except that it may be confidently expected that none of the grievances which, owing to the past status of the two States, the Colonial Office declared itself powerless to redress however much it sympathised with the Indians, will be allowed to exist in the slightest degree the sentiments of a self-governing Colony as in the case of Natal. Zululand, now being part and parcel of Natal, does not require separate mention, though it may be stated that the regulations prohibiting Indian bids at land sales when it was directly under the Crown were withdrawn before it was incorporated with this Colony. In Natal, the position remains unchanged. The Immigration Restriction Act is still being enforced as vigorously as it could be under the circumstances. A short statement of its working may not be out of place. Under it, no person who is unable to write out, in any of the European languages, an application in the form attached to the Act, can enter the Colony unless he has been previously domiciled. Notices, for which there is no sanction in the Act itself, have been issued to the shipping companies warning them against taking Indian passengers for Natal unless they are armed with certificates of domicile, which were at first issued free of charge on a verbal application either by the person himself or by his friends. A charge of 2s. 6d. was then introduced for its issue. Later on, an affidavit of proof of domicile was required. Then two affidavits were insisted upon, and proof that the applicant for the certificate had been resident in the Colony at least two years; and the latest innovation is that either the person wishing to enter the Colony must himself apply for a certificate of domicile, or persons of known respectability should tender, under oath, proof of domicile. Thus, it will be seen that the cordon of restriction has grown tighter with the lapse of time. The practical effect of the working of all this is that all but the well-to-do are shut out of the Colony. As to this, it is contended for the Government that it would be no hardship for the persons requiring certificates of domicile to make the application under their own signatures, as they could always take them out before leaving the Colony. Such an argument would be perfectly sound if the innovation were to affect only those that may hereafter leave the Colony. But it is positively harmful for those that are outside the Colony. A person in India requiring such a certificate may have to wait one year before he could get it. The postal service between India and South Africa is as irregular as it could be; and there is no guarantee that the receipt, by the Immigration Officer, of an application invariably insures the issue of the domicile paper. For, as has often happened before, it is not at all 1 Vide Vol. II, p. 295. unlikely that it may have to be returned several times to India for some flaw therein?imaginary or real. Theoretically, the shipping companies may defy the notices which have no legal force; and the Indians claiming admission may not take out domicile certificates which are not required by law. In practice, the shipping companies resolutely decline to issue passages except on production of certificates above referred to; so much so, that it is very difficult for those who write out the English application to obtain a passage, because they cannot produce a domicile certificate, and the shipping companies would not look at the provision exempting such persons from the operation of the Act. The reason given for introducing such elaborate restrictions is that they are necessary to prevent evasions of the law; and it may be admitted that some evasions have occurred. It is, however, submitted that they ought not to be used as a handle for making unduly harsh a law which is, in its very nature, severe, and committing what is a breach of the fundamental principles of the British Constitution. The evasions should be publicly denounced and, if necessary, punished, for which there is ample provision made in the Act itself. Unfortunately, the latter course has not been adopted, with the result that the innocent have to suffer for the lapse of the few guilty persons. Everything that could be done locally to induce the authorities to relax the severity has been and is being done; and it would be unfair to omit to mention that the authorities have endeavoured in a measure to meet the wishes of the Indian community. Much more can, however, be done, if not now, at any rate after the war is over, by pressure of the Colonial Office to which the Government has been found to be amenable in the past. Another effect of the Act is that it imposes vexatious restrictions on those who intend to pass through, or sojourn temporarily in the Colony, neither of which acts is prohibited by law. The Government, however, in order to prevent surreptitious settlement of Indians in the Colony have, perhaps rightly, introduced what are called Visiting and Embarkation passes. The objection, therefore, is not so much to the introduction of the passes as to the conditions under which they are issued. Formerly, a deposit of £25 for Embarkation passes was required, and a fee of £1 for either a Visiting or Embarkation pass. The Government, however, in answer to Indian representations, were pleased to reduce the £25 to £10, and withdrew the £1 fee. The £10 deposit, however, still stands, much to the inconvenience of intending visitors, not all of whom could afford to deposit the sum, small as it may appear in the estimation of the Government. It was this Act that was instrumental in sending away a shipload of Indian refugees from the Transvaal from Delagoa Bay, who would fain have come to Natal, and thus saved not only the passage-money from India to Delagoa Bay for their return after the war, but not have been also a burden to the already overpressed famine-stricken India. The other Act, not by any means the next in importance, but rather the worst of all, is the Dealers' Licenses Act, only at the present time its effect is not much felt. The country beyond the Tugela is yet under semi-military government. The Newcastle, Ladysmith and Dundee Corporations which gained, in 1898, unenviable notoriety for the harsh and oppressive way in which they enforced the Act, have not been able to shake them-selves free from the misery caused by the Boer occupation. In Durban and Maritzburg, the Licensing Officers have not given much trouble. What will happen in January next, at the time of the renewal of licenses, it is difficult to foresee. The poor traders, however, are already trembling in their shoes because of the great uncertainty in which the Act leaves them from year's end to year's end. The friends in London may recollect that Mr. Chamberlain has approached the Natal Government, suggesting that they should introduce legislation repealing the clause depriving the Supreme Court of the ordinary appellate jurisdiction over the decisions of the Licensing Officers or the Corporation, as the case may be; and that the Natal Government have written to the various municipalities informing them that, unless they judiciously exercised their powers under the Act, they might have to introduce legislation of the nature above indicated. This may be good so far as it goes, but it is sincerely hoped that it has not satisfied the Colonial Office. The least that is necessary is the removal of the terrible uncertainty that hangs, like the sword of Damocles, over every Indian licensee; and this can only be done by restoring the authority of the Supreme Court. There was (and very rightly) a howl of indignation when Mr. Kruger usurped the function of the High Court at Pretoria; but perhaps the very rottenness of the Transvaal Constitution was somewhat a safeguard from any real danger from such usurpation. But in Natal, where there are all the safeguards of a well-ordered Constitution, the deprivation of the jurisdiction of the highest Court of Justice in the land makes the danger terribly real and tangible, because it receives the solemn sanction of the legislature. The truth of these remarks will be fully borne out by recalling to the mind what has been possible in the Transvaal in spite of the vagaries of its laws and what the Town Councils, free from the healthy restrictions of their Courts which, as British bodies, they are bound to fear and respect, have been able and attempted to do. War has prevented an approach to the Colonial Office in this matter. While correspondence on the subject with the local Government was going on, war broke out; and it was considered prudent to stay further action till the cloud melted away. The 9 o'clock rule, and numerous other troubles referred to in the circular letter, need not be recapitulated here. They but serve to show what the Indians have to suffer in the Colony. We would give much to find ourselves in reality at one with the Colonists as we are on paper, being British subjects; and it will be time enough to trouble our friends in London with the comparatively smaller troubles when the Immigration Restriction and the Dealers' Licenses Acts have ceased to worry us. One thing is day by day causing much soreness of feeling, and that is the education of the Indian youths. The Government, which is ruled by the majority, perhaps not unnaturally finds itself powerless to assist the Indians. The result is, the Indian children are entirely shut out of the ordinary primary schools as well as the high schools. The Head Master of the Durban High School is said to have written, some time ago, to the Minister of Education, to the effect that parents would withdraw their children if an Indian was admitted. It is, however, submitted that the Colonial Office should make it clear to the local Government that the Indians have an equal right with the Europeans in the Colony to receive education in the Government schools which are supported by taxes paid as well by the Indians as by the Europeans. For the logical consequence of the threat (it is nothing less) held out by the Head Master would be that the Indians might have absolutely no status if it were carried out in every department of life in the Colony. What would prevent a ring of European merchants, under the threat of clearing out from a particular street in a commercial centre in the Colony, from asking the Government to drive out an Indian merchant or two from their neighbourhood? The following are referred to for further information, if necessary : Memorial (re Immigration, Trade Licences, etc.,), 2nd July, 1897. Memorial (re Dealers' Licenses), 31st December, 1898. General Letter (Licences), 31st July, 1899. Special Articles on the Indian Question in South Africa, and Editorial Notes in The Times of India (Weekly edition) : 11th March, 1899; 15th and 22nd April, 1899; 19th August, 1899; 9th December, 1899; 6th January, 1900; 16th June,1900.1 From the photostat of the original printed copy : S. N. 3474A. 101. LETTER TO TOWN CLERK 14, MERCURY LANE, DURBAN NATAL September 24, 1900 To WM. COOLEY, ESQ. TOWN CLERK DURBAN SIR, As soon as the intention of the Council to introduce a bye-law making it an offence for a riksha hauler to take up a coloured passenger in a riksha labelled for "Europeans only" was known, many Indians asked me to draw up a protest, but I felt at the time that it would not be proper to do so. I thought it would be inconsistent with the self-respect of the Indian community to wish to insist on having the right to use the same riksha 1 The two memorials, the general letter ("Petition to Natal Governor") and the special articles referred to have been given in this Volume in their chronological sequence. used by the Europeans if the latter objected to share it with the Indians, so long as the same kind of vehicle was available to the Indians also. But I have now begun to feel that I committed a grave error in proffering the above advice. The practical working of the bye-law has created and is creating an irritation among the Indians of all classes which it would be folly on my part not to bring to the notice of the Council. I freely confess that the problem is not easy of solution. Yet it may not be altogether insoluble. In this communication it is not my intention to raise the legal question though I humbly believe that the bye-law is illegal. I wish, if possible, to obtain partial relief by appealing to the good sense of the Council. I trust that what is objected to is not so much the colour of a fare as his dirty clothes or appearance. If so, might it not be possible to give instructions to the haulers not to take such fares? I am told that the haulers are shrewd enough to understand and carry out such instructions. The suggestion is obviously difficult, and will by no means be free from hardships and injustice but it is likely to allay the present acute soreness. The very rigorous working of the bye-law may defeat its own object and in my humble opinion, it can only be worked without friction if its application is very largely tempered with discretion. It is, I submit, no small thing that hundreds of coloured people who have hitherto freely used the rikshas as a mode of conveyance, suddenly find themselves de-barred from its use; for I understand that there are very few rikshas without the label above referred to. May I ask you to place this before His Worship the Mayor and the Council Committee at the earliest possible opportunity and hope that it will receive the consideration that its subject matter deserves? I trust also that it will be considered in the spirit in which it is written. I remain, yours obediently, M. K. GANDHI From the photostat of the original in Durban Town Council Records. 102. LETTER TO DADABHAI NAOROJI1 DURBAN, NATAL., October 8, 1900 Confidential DEAR SIR, In view of the approaching session of the Congress,2 it may not be out of place to draw your attention, and through you that of our other leading men, to what we here think may be done by the Congress. I know that we who know the value of your services to your country have to see that we do not unduly encroach upon your attention and thereby probably affect your health; if, therefore, it is not possible for you to give this matter your personal attention, I doubt not that you will be good enough to forward this letter or copies thereof to the proper quarters. The matter treated as affecting the whole of the emigration from India seems to be of the utmost national importance. A draft resolution to be submitted to the Congress is enclosed herewith.3 A few copies of the notes,4 specially prepared for the friends in London at the desire of Sir William Wedderburn, are also being sent in a separate packet. They will give an idea of the position as it stands at present, and may be of use to the gentleman who will take charge of the resolution which, of course, may be altered or amended as the subjects committee think fit. The matter derives special importance owing to the sudden and unexpected activity of the Cape Legislature the members of which, while, as you are aware, they are divided into two very evenly balanced parties holding diametrically opposite views, seem to be almost unanimous on the Indian question. A cutting from the Cape Times5 giving a pretty full 1 This is an incomplete copy of a letter written by Gandhiji to Dadabhai Naoroji which has been found among the documents in Sabarmati Sangrahalaya. (For Dadabhai Naoroji, vide Vol. I, p. 384. 2 The Indian National Congress. 3 The Congress passed the following resolution on the question of "South Africa": RESOLVED : That this Congress once more draws the attention of the Indian Government as well as of the Secretary of State for India to the grievances of the British Indians in South Africa, and earnestly hopes that, in view of the re-arrangement of the boundaries in that continent and the incorporation of the late Boer Republics into the British Dominions, the disabilities under which the Indian settlers laboured in those Republics, and as to which Her Majesty's Government owing to their independence in internal matters felt powerless to obtain redress, will now no longer exist, and that the serious inconvenience caused to the settlers in Natal, among others by the Immigration Restriction and the Dealers' Licenses Acts of the Colony, which are manifestly inconsistent with the fundamental principles of the British Constitution as also the Proclamation of 1858, will be materially mitigated, if not entirely removed. 4 "Notes on the Present Position of the British Indians in South Africa" dated post September 3, 1900. 5 This is not available. report of the debate in the Cape Assembly, attached hereto, will give some idea of what is going on in that part of South Africa. The Cape gentlemen are evidently anxious to go further even than Natal, as if the latter had not almost completely shut the door against new-comers from India. They would not tolerate the Indian, whether as a merchant, clerk, or labourer. In Mr. Chamberlain, they have a Colonial Secretary who is anxious to go any length in respecting the wishes of the self-governing Colonies. The India Office, on the other hand, appears to be terribly inactive. But, seeing that there is unanimity of opinion between the Indians and Anglo-Indians on this question, it may be possible to rouse that office into proper activity, and obtain some relief. An influential deputation to wait upon Lord Curzon may go a great way in the desired direction. The attitude of the Cape Colony seems to show that the services rendered by India, in that it was Sir George White with his Indian contingent who was the first to be on the scene to check the effective advance of the enemy, that it was the hundreds of dhuli-bearers1 who rendered admittedly yeoman service during the siege of Ladysmith, and at the initial reverses, not to speak of the volunteers (Lumsden's Horse) equipped entirely from money subscribed by the Indians, the Bhisti Corps2 and other Indian followers who were sent in shiploads from India, and the locally raised Indian Stretcher-Bearer Corps, will be entirely forgotten, and the Indian treated, if they had it all their