SigPhi · Mahatma Gandhi

Satyagraha in South Africa

Page 3 of 26

needed accountants, and Hindu accountants from Gujarat and Saurashtra accompanied them.

Two classes of Indians thus settled in Natal, first free traders and their free servants, and secondly indentured labourers. In course of time the indentured labourers had children. Although not bound to labour, these children were affected by several stringent provisions of the colo¬ nial law. How can the children of slaves escape the brand of slavery? The labourers went to Natal under indenture for a period of five years. They were under no obligation 22 SATYAGRAHA IN SOUTH AFRICA to labour after the expiry of that period, and were entitled to work as free labourers or trade in Natal, and settle there if they wished. Some elected to do so while others returned home. Those who remained in Natal came to be known as Tree Indians.* It is necessary to understand the peculiar position of this class. They were not ad¬ mitted to all the rights enjoyed by the entirely free Indians of whom I have first spoken. For instance, they were required to obtain a pass if they wanted to go from one place to another, and if they married and desired the marriage to be recognized as valid in law, they were required to register it with an official known as Protector of Indian Immigrants. They were also subject to other severe restrictions.

The Indian traders saw that they could- trade not only with indentured labourers and Tree Indians,* but with the Negroes as well. Indian merchants were a source of great convenience to the Negroes, who very much feared the European traders. The European trader wanted to trade with the Negro, but it would be too much for Negro customers to expect courtesy at his hands. They might think it a great good fortune if he gave them full consideration for their money. Some of them had bitter experiences. A man might purchase an article worth four shillings, place a sovereign on the counter, and receive four shillings as balance instead of sixteen, and sometimes even nothing whatever. If the poor Negro asked for the balance or showed how the amount paid him was less than his due, the reply would be- gross abuse. He might thank his stars if things stopped there; otherwise the abuse would be reinforced by a blow or a kick. I do not mean to suggest that all English traders behaved like this. But it can safely be asserted that the number of such cases was fairly large. On the other hand, Indian traders had a good word for the Negroes and even joked with them. The simple Negro would like to enter the shop and handle and examine the goods he wanted to purchase.

Indian traders permitted all this. It is true that in this they were not actuated by altruistic motives, it may have had something to do with their self-interest. The Indian INDIANS ENTER SOUTH AFRICA 23 might not miss the opportunity, if it offered, of cheating his Negro customer, but his courtesy made him popular with the Negroes. Moreover, the Negro never feared the Indian traders. On the other hand, cases have occurred in which an Indian tried to cheat Negroes, but on being detected, was roughly handled by them. And more often Negro customers have been heard to abuse Indian traders. Thus, so far as Indians and Negroes were concerned, it is the former who feared the latter. The result was that trade with Negroes proved very profitable to Indian traders. And the Negroes were to be found throughout South Africa.

There were Boer republics in the Transvaal and the Orange Free State during the eighties of the last century. I need scarcely say that in these republics the Negro had no power, it was all a white men’s affair. Indian traders had heard that they could also trade with the Boers, who, being simple, frank and unassuming, would not think it below their dignity to deal with Indian traders. Several Indian traders therefore proceeded to the Transvaal and the Free State and opened shops there. As there were no railways there at the time, they earned large profits. The expectations of the Indian traders were fulfilled and they carried on considerable trade with the Boers and the Negroes as customers. Similarly several Indian traders went to the Cape Colony and began to earn fairly well. The Indians were thus distributed in small numbers in all the four colonies.

Absolutely free Indians now number between forty to fifty thousands, while the Tree Indians’ so called, that is, the labourers who are freed from their indentures and their descendants, number about a hundred thousand.

CHAPTER IV A REVIEW OF THE GRIEVANCES Natal The European planters of Natal wanted only slaves. They could not afford to have labourers who, after serving their term, would be free to compete with them to however small an extent. No doubt the indentured labourers had gone to Natal, as they had not been very successful in agriculture or other pursuits in India. But it is not to be supposed that they had no knowledge of agriculture or that they did not understand the value of land. They found that if they grew only vegetables in Natal, they could earn good incomes, and that their earn¬ ings would be still better if they owned a small piece of land. Many, therefore, on the termination of their in¬ dentures, began to pursue some trade or other on a small scale. This was, on the whole, advantageous to the settlers in Natal. Various kinds of vegetables, which had not been grown before for want of a competent class of cultivators, now became available. Other kinds, which had been grown in small quantities, could now be had in abundance. The result was a fall in the price of vege¬ tables. But the European planters did not relish this new development. They felt they now had competitors in a field in which they believed they had a monopoly. A movement was, therefore, set on foot against these poor time-expired labourers. The reader will be surprised to learn, that while on the one hand the Europeans demand¬ ed more and more labourers and easily took in as many of them as went from India, on the other hand they started an agitation to harass ex-indenture labourers in a variety of ways. This was the reward for their skill and hard toil!

The movement assumed many forms. One set of agitators demanded that the labourers who completed 24 A REVIEW OF THE GRIEVANCES 25 their indentures should be sent back to India, and that therefore fresh labourers arriving in Natal from that time forward should have a new clause entered in their inden¬ tures, providing for their compulsory return to India at the expiration of their term of service unless they renewed their indentures. A second set advocated the imposition of a heavy annual capitation tax on the labourers who did not re-indenture themselves at the end of the first period of five years. Both, however, had the same object in view, namely, by hook or crook to make it impossible for ex-indentured labourers to live as free men in Natal in any circumstances. This agitation attained such serious dimensions, that the Government of Natal appointed a commission. As the demands of both these classes of agi¬ tators were quite unfair, and as the presence of the ex- indentured labourers was clearly beneficial to the entire population from an economic standpoint, the independent evidence recorded by the commission was against the agi¬ tators, who thus failed to achieve any tangible result for the time being. But as fire, although extinguished, leaves a trail behind it, the agitation created some impression on the Government of Natal. How could it be otherwise? The Government of Natal was friendly to the planters.

It therefore communicated with the Government of India and laid before it the proposals of both the sets of agi¬ tators. But the Government of India could not all at once accept proposals which would reduce indentured labourers to perpetual slavery. One justification or excuse for send¬ ing labourers to such a far-off land under indenture was that the labourers, after completing the indentures, would become free to develop their powers fully and consequent¬ ly improve their economic condition. As Natal then was still a Grown Colony, the Colonial Office was fully respon¬ sible for its government. Natal, therefore, could not look for help from that quarter too in satisfying its unjust demands. For this and similar reasons a movement was set on foot to attain responsible government, which was eventually conferred on Natal in 1893. Natal now began to feel its strength. The Colonial Office too did not any longer find it difficult to accept whatever demands Natal CroWb ornv^S (f) 26 SATYAGRAHA IN SOUTH AFRICA might choose to make. Delegates from the new respon¬ sible Government of Natal came to India to confer with the Government of India. They proposed the imposition of an annual poll-tax of twenty-five pounds, or three hundred and seventy-five rupees, on every Indian who had been freed from indenture. It was evident that no Indian labourer could pay such an exorbitant tax and live in Natal as a free man. Lord Elgin, the Governor-General of India, considered that the amount was excessive, and ultimately he accepted an annual poll-tax of three pounds. This was equivalent to nearly six monthly earnings on the indenture scale. The tax was levied, not only on the labourer himself, but also upon his wife, his daughters aged thirteen years or upwards, and his sons aged sixteen years or upwards. There was hardly any labourer who had not a wife and a couple of children. Thus, as a general rule, every labourer was required to pay an annual tax of twelve pounds. It is impossible to describe the hardships that this tax entailed. Only those, who actually underwent the hardships, could realize them, and only those who witnessed their sufferings could have some idea of them. The Indians carried on a powerful agitation against this action of the Government of Natal. Memorials were submitted to the Imperial Government and the Government of India, but to no purpose except for the reduction in the amount of the tax. What could the poor labourers do or understand in this matter? The agitation on their behalf was carried on by the Indian traders, actuated by motives of patriotism or of philanthropy.

Free Indians fared no better. The European traders of Natal carried on a similar agitation against them for mainly the same reasons. Indian traders were well esta¬ blished. They acquired lands in good localities. As the number of freed labourers began to increase, there was a larger and larger demand for the class of goods required by them. Bags of rice were imported from India in their thousands and sold at a good profit. Naturally this trade was largely in the hands of Indians who had besides a fair share of the trade with Zulus. They thus became an eye¬ sore to petty European traders. Again, some Englishmen A REVIEW OF THE GRIEVANCES 27 pointed out to the Indian traders, that according to law they were entitled to vote in the elections for the Legis¬ lative Assembly of Natal, and to stand as candidates for the same. Some Indians therefore got their names entered on the electoral roll. This made the European poli¬ ticians of Natal join the ranks of anti-Indians. They doubted whether the Europeans could stand in competi¬ tion with Indians if the Indians’ prestige increased, and if their position was consolidated, in Natal. The first step, therefore, taken by the responsible Government of Natal in connection with free Indians was that they de¬ cided to enact a law, disfranchising all Asiatics save those., who were then rightly contained in any voters’ list. A bill to that effect was first introduced into the Legislative Assembly of Natal in 1894. This was based on the principle of excluding Indians as Indians from the franchise, and was in Natal the first piece of legislation affecting them in which racial distinction was made. Indians resisted this measure. A memorial was prepared during one night and four hundred signatures were appended to it. When the memorial was submitted to the Legislative Assembly of Natal, that body was startled. But the bill was passed all the same. A memorial bearing ten thousand signatures was submitted to Lord Ripon who was then Secretary of State for the Colonies. Ten thousand signatures meant almost the total population at the time of free Indians in Natal. Lord Ripon disallowed the bill and declared that the British Empire could not agree to the establishment of a colour bar in legislation. The reader will be in a position later on to appreciate how great was this victory for Indians. The Natal Government, therefore, brought forward another bill, removing racial distinction but in¬ directly disqualifying Indians. Indians protested against this as well but without success. This new bill was ambi¬ guous in meaning. Indians were in a position to carry it finally to the Judicial Committee of the Privy Council with a view to its interpretation; but they did not think it advisable to do so. I still think that they did the right thing in avoiding this endless litigation. It was no small thing that the colour bar was not allowed to be set up.

28 SATYAGRAHA IN SOUTH AFRICA But the planters and the Government of Natal were not likely to stop there. To nip the political power of Indians in the bud was for them the indispensable first step; but the real point of their attack was Indian trade and free Indian immigration. They were uneasy at the thought of the Europeans in Natal being swamped if India with its teeming millions invaded Natal. The appro¬ ximate population of Natal at the time was 400,000 Zulus and 40,000 Europeans as against 60,000 indentured, 10,000 ex-indentured and 10,000 free Indians. The Europeans had no solid grounds for their apprehensions, but it is impossible to convince by argument men who have been seized with vague terrors. As they were ignorant of the helpless condition of India and of the manners and cus¬ toms of the Indian people, they were under the impression that the Indians were as adventurous and resourceful as themselves. They could scarcely be blamed if they thus created a bugbear of the vast population of India in com¬ parison with their own small numbers. However that may be, the result of the successful opposition to the dis¬ franchising bill was, that in two other laws passed by the Natal Legislature it had to avoid racial distinction and to attain its end in an indirect manner. The position, there¬ fore, was not as bad as it might have been. On this occa¬ sion too Indians offered a strenuous resistance, but in spite of this the laws were enacted. One of these imposed severe restrictions on Indian trade and the other on Indian immigration in Natal. The substance of the first Act was that no one could trade without a licence issued by an official appointed in accordance with its provisions. In practice any European could get a licence while the Indian had to face no end of difficulty in the matter. He had to engage a lawyer and incur other expenditure. Those who could not afford it had to go without a licence. The chief provision of the other Act was that only such immi¬ grants as were able to pass the education test in a European language could enter the Colony. This closed the doors of Natal against crores of Indians. Lest I should inadver¬ tently do the Government of Natal an injustice, I must state that the Act further provided that an Indian resident A REVIEW OF THE GRIEVANCES 29 in Natal for three years before the passing of that Act might obtain a certificate of domicile enabling him to leave the Colony and return at any time with his wife and minor children without being required to pass the education test.

The indentured and free Indians in Natal were and still are subject to other disabilities, both legal and extra- legal, in addition to those described above. But I do not think it necessary to tax the reader with a recital of them. I propose to give such details only as are essential to a clear understanding of the subject. A history of the con¬ dition of Indians in different parts of South Africa would take up much space. But that is beyond the scope of the present volume.

chapter v A REVIEW OF THE GRIEVANCES The Transvaal and other Colonies As in Natal, so in the other Colonies anti-Indian pre¬ judice had more or less begun to grow even before 1880. Except in the Cape Colony, the general opinion held was that as labourers the Indians were all right, but it had become an axiom with many Europeans that the immi¬ gration of free Indians was purely a disadvantage to South Africa. The Transvaal was a republic. For Indians to declare their British citizenship before its President was only to invite ridicule. If they had any grievance, all they could do was to bring it to the notice of the British Agent at Pretoria. Still the wonder is that when the Transvaal came under the British flag, there was none from whom Indians could expect even such assistance as the Agent rendered when the Transvaal was independent. When during Lord Morley’s tenure of the office of the Secretary of State for India, a deputation on behalf of the Indians waited upon him, he declared in so many words that as the members of the deputation were aware, the Imperial Government could exercise but little control over self-governing dominions. They could not dictate to them; 30 SATYAGRAHA IN SOUTH AFRICA they could plead, they could argue, they could press for the application of their principles. Indeed in some in¬ stances they could more effectively remonstrate with foreign Powers, as they remonstrated with the Boer Re¬ public, than with their own people in the Colonies. The relations of the mother country with the colonies were in the nature of a silken tie which would snap with the slightest tension. As force was out of the question, he assured the deputation that he would do all he could by negotiations. When war was declared on the Transvaal, Lord Landsdowne, Lord Selborne and other British statesmen declared that the scandalous treatment accord¬ ed to the Indians by the South African Republic was one of the causes of the war.

Let us now see what sort of treatment this was. Indians first entered the Transvaal in 1881. The late Sheth Abubakar opened a shop in Pretoria and purchased land in one of its principal streets. Other traders followed in his wake. Their great success excited the jealousy of European traders who commenced an anti-Indian cam¬ paign in the newspapers, and submitted petitions to the Volksraad or Parliament, praying that Indians should be expelled and their trade stopped. The Europeans in this newly opened up country had a boundless hunger for riches. They were almost strangers to the dictates of morality. Here are some statements they made in their petitions: “These Indians have no sense of human decency. They suffer from loathsome diseases. They consider every woman as their prey. They believe that women have no souls.” These four sentences contain four lies. It would be easy to multiply such specimens. As were the Europeans, so were their representatives. Little did the Indian traders know what a sinister and unjust movement was being carried on against them. They did not read newspapers. The newspaper campaign and the petitions had the desired effect, and a bill was introduced into the Volksraad. The leading Indians were taken aback when they came to know how events had shaped them¬ selves. They went to see President Kruger who did not so much as admit them into his house but made them A REVIEW OF THE GRIEVANCES 31 stand in the courtyard. After hearing them for a while, he said, “You are the descendants of Ishmael and there¬ fore from your very birth bound to slave for the descen¬ dants of Esau. As the descendants of Esau we cannot admit you to rights placing you on an equality with ourselves. You must rest content with what rights we grant to you.” It cannot be said, that this reply from the President was inspired by malice or anger. President Kruger had been taught from his childhood the stories of the Old Testament, and he believed them to be true. How can we blame a man who gives candid expression to his opinions such as they are? Ignorance, however, is bound to do harm even when associated with candour, and the result was that in 1885 a very drastic law was rushed through the Volksraad, as if thousands of Indians were on the point of flooding the Transvaal. The British Agent was obliged to move in the matter at the instance of Indian leaders. The question was finally carried to the Secretary of State for the Colonies. In the terms of this Law 3 of 1885 every Indian settling in the Republic for the” purpose of carrying on trade was required to register at a cost of twenty-five pounds subject to heavy penalties, and no Indian could hold an inch of land or enjoy the rights of citizenship. All this was so mani¬ festly unjust that the Transvaal Government could not defend it in argument. There was a treaty subsisting between the Boers and the British known as the London Convention, Article XIV of which secured the rights of British subjects. The British Government objected to the Law as being in contravention of that Article. The Boers urged in reply that the British Government had previously given their consent, whether express or implied, to the law in question.

A dispute thus arose between the British and the Boer Governments, and the matter was referred to arbi¬ tration. The arbitrator’s award was unsatisfactory. He tried to please both parties. The Indians were therefore the losers. The only advantage they reaped, if advantage it can be called, was that they did not lose as much as they might have done otherwise. The Law was amended in 1886 in accordance with the arbitrator’s award. The 32 SATYAGRAHA IN SOUTH AFRICA registration fee was reduced from twenty-five to three pounds. The clause, which completely debarred Indians from holding landed property, was removed, and it was provided instead, that the Indians could own fixed pro¬ perty in such locations, wards and streets as were specially set apart for their residence by the Transvaal Government. u This Government did not honestly carry out the terms of the amended clause, and withheld from Indians the right to purchase freehold land even in the locations. In all towns inhabited by Indians, these locations were selected in dirty places situated far away from the towns where there was no water supply, no lighting arrangement and no sanitary convenience to speak of. Thus the Indians became the Panchamas of the Transvaal. It can be truly said that there is no difference between these locations and the untouchables’ quarters in India. Just as the Hindus believe that touching Dhedhs or residence in their neighbourhood would lead to pollution, so did the Euro¬ peans in the Transvaal believe for all practical purposes that physical contact with the Indians or living near them would defile them. Again the Transvaal Government interpreted Law 3 of 1885 to mean that the Indians could trade, too, exclusively in the locations. The arbitrator had