1. Letter to M. M. Bhownaggree1

1. LETTER TO M. M. BHOWNAGGREE1 25 & 26 COURT CHAMBERS, RISSIK STREET, JOHANNESBURG, May 23, 1904 TO SIR MANCHERJEE BHOWNAGGREE, M.P. 196 CROMWELL ROAD LONDON, ENGLAND DEAR SIR, His Excellency the Lieutenant-Governor, Sir Arthur Lawley, while passing through Heidelberg, in reply to an Indian deputation which presented His Excellency last week with an address,2 said in effect that the liberty of the Indian to trade unrestricted in virtue of the decision in the test case will not be tolerated and that Mr. Lyttelton has already been approached with a view to sanctioning legislation in the desired direction. The position of the Indian as defined in Law 3 of 1885 as ame- nded in 1886 and interpreted in the light of the test case is this: (1) An Indian can immigrate into the Colony without restric- tion. (2) He can trade anywhere he likes in the Colony. Locations may be set apart for him but the law cannot force him to reside only in Locations, as there is no sanction provided in the law for it. (3) He cannot become a burgher. (4) He cannot own landed property except in Locations. (5) He must pay a registration fee of £3 on entering the Colony. With the exception, therefore, of the prohibition as to holding landed property, even in virtue of the above law the condition of the Indian is now not altogether precarious. Freedom to immigrate, however, has been almost absolutely taken away by making what is, after all, an unjust use of the Peace 1 A copy of the letter was forwarded to the Colonial Office by Bhownaggree. India, in its issue of 1-7-1904, published the text as from its correspondent. 2 Vide “Address to Lieutenant-Governor” May 18, 1904. VOL. 4 : 23 MAY, 1904 - 4 NOVEMBER, 1905 1 Preservation Ordinance which was passed to restrict rebels and other disloyal people but not law-abiding British subjects. In what form it is now intended to introduce legislation, it is difficult to say, but seeing that before it can even be introduced Mr. Lyttelton’s consent is necessary, I trust that you will approach him and discuss the question with him, for, after he has given his sanction to a prticular course, it would be very difficult to get redress. What I venture to suggest is that the law 3 of 1885 should be entirely repealed as also the town regulations regarding foot-paths and other laws specially disqualifying Asiatics; that an Immigration Act on the Cape lines should be introduced but so as not to taboo, in the educational test the Indian languages and; [that] a Dealers’ Licenses Act should be introduced on the Natal lines provided that the right of appeal to the Supreme Court be granted against decisions of the local authorities on licensing applications and provided that the existing licenses are not touched by it except in so far as the shops may not be in accordance with sanitary or ornamental requirements. Thus, the great bogey of immigration will be set at rest once and for all, and there would be no question of undue competition in trade. The local authorities will be able to regulate the number of licenses. All that the Indians claim is that they should have the right, under the general laws of the Colony and so long as they conform to Western requirements, to trade and to hold landed property and to enjoy other rights of citizenship. I would also remind you that Lord Milner has committed himself to some such legislation and not legislation specially disqualifying British Indians, and also that British Indians of education or standing should be entirely exempted from any restrictive legislation. Colonial Office Records: C.O. 291, Volume 78, Individuals—B. 2. BRITISH INDIANS IN THE TRANSVAAL The British Indians at Heidelberg did well in presenting a loyal address to His Excellency the Lieutenant-Governor of the Transvaal, and in doing so to draw His Excellency’s attention to the recently decided test case. It drew from His Excellency an important prono- uncement on Government policy. The answer given by Sir Arthur Lawley to the deputation was elaborated in his speech at Volksrust at the banquet given in his honour by the people of Volksrust. His 2 THE COLLECTED WORKS OF MAHATMA GANDHI Excellency paid a well-deserved compliment to the loyalty of the Indian people and their industrious habits. Dealing with the[ir] status in the Transvaal, His Excellency was very guarded. He said that nothing could be done by the Government until sanction was received from the Colonial Secretary. But he had no hesitation in saying that he sympathised very much with the desire of the white inhabitants not to be nonplussed by the Asiatic traders, and he promised the Volksrust people that he would do his best to further the desire of his fellow- countrymen, though the promise was qualified by statement that the Government would have to act with strict justice; that it would have to protect vested interests and accurately define the position of those who are already settled in the Colony, and would also have to state what disqualifications those who might enter the country in future would labour under. All this is eminently satisfactory. Anything would be welcome to replace the present uncertainty, and if a just interpretation is given to the term “vested interests”, those who are already carrying on business in the Transvaal need not have any anxiety. Unfortu- nately, however, the past does not inspire hope for the future. The ill- fated Asiatics Traders’ Commission has made it clear as to what the Government means by “vested interests.” It would only respect the trade of those British Indians who were actually carrying on trade outside Locations in the Transvaal “at, and immediately before, the outbreak of war”. We know what this means, and we know how the Commissioners interpreted the expression. It would only protect a dozen Asiatics who, leaving their trade intact at the time of war, went away from the country owing to fear. And if such is the interpretation to be placed upon the term “vested interests”, in the expressive words of the Chief Justice of the Transvaal, the Government would again be taking away with the other hand what it professed to give with the one hand. The danger has been foreshadowed by His Excellency himself in stating that the Government would protect the trade of British Indians only during the lifetime of the present licence-holders. A man engaged in trade knows what this means. Certainty is very essential in all commercial transactions and seeing that life is very fickle, would there be merchants found who would give any credit whatsoever to British Indian traders when the law informs them that the traders who ask for credit have no security of tenure, and that on their deaths their businesses would be abruptly closed? How such a doctrine can be reconciled with strict justice which His Excellency would dole out to the Indians, it is difficult to understand. We have, therefore, reluctantly to take the intentions of the Government to do justice with a great deal of reserve and caution. Nor do the opinions His Excellency has formed regarding the effect of Indian trade on the VOL. 4 : 23 MAY, 1904 - 4 NOVEMBER, 1905 3 white trade afford any ground for consolation. We respectfully protest against His Excellency talking of the great influx of Asiatics when he must be well aware with what rigidity the Peace Preservation Ordina- nce is being used as a handle to keep out of the Colony even British Indians. When the Chinese Importation Ordinance was passing through the Legislative Council, it became necessary for the Government to shew that the Peace Preservation Ordinance was being effectively used in order to keep out all but bona-fide Asiatic refugees. A report was prepared by the Chief Secretary for Permits which shewed that hardly any new-comer was allowed to enter the Colony, and that permits were only sparingly granted even to refugees. It, therefore, seems rather hard and inconsistent that His Excellency should now talk about the great influx of Asiatics. His Excellency said that only those who had seen for themselves realised that Indians were able to live here they could not live in a colder climate, such as England—and to compete with white men and oust them from many fields of trade and commerce. Now this is a very damaging statement if it were true, coming as it does from the Lieutenant-Governor; but is it true? Is there any department of trade or commerce in which the Asiatic has ousted the white man? There are only two branches in which there is any competition between the two, namely hawking and petty shop-keeping. Now, the facts as to hawking are that white men, except of a particular class, simply would not condescend to do the onerous work. As has been shown by our contemporary The Star, many an attempt has been made by the white hawkers, but each time they have given it up, not because of the Indian competition, but because they do not care for it. But there is a class of white men who are carrying it on successfully and against the Indians. We refer to the Syrians and Russian Jews. They are industrious, do not mind walking great distances with a heavy load on them, and we see them doing that business successfully. Moreover it should not be forgotten that, in hawking about towns, the Indians supplies a felt want and does a double good.

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