485
PUBLIC
PECORD OFKE
Reference —
CO.882/12
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT 10]
50
The powers and influence of the State Councils and the Residents gradually diminished, and increasing efficiency and uniformity under the Central Government were purchased at the price of individuality and legitimate independence of the State. (Governor's Confidential despatch of 19th March, 1923).*
12. In 1914 the State of Johore entered into a Treaty with Great Britain which was in its main principles the same as the Treaty of Pangkor. The British Advisers, particularly in Johore and Kedah, were then dealing with a very different type of Ruler froth those of fifty years before, and they set about their task in a different way. They have never attempted to be anything except advisers. As a result of this policy, British protection produced in the five Unfederated States a very different form of Government from that in the four Federated States. The Ruler of the former occupies a position of authority in the government of his State. His State Council under the guidance of European advisers has developed into a body possessed of both power and dignity, and the Malay Chiefs and peasants alike have been able from the first to look to a career in Government service unhandicapped by the competition of other Asiatics with longer access to channels of education. The Ruler's relations with the High Commissioner are direct. The only door between the British Advisers and the High Commissioner is the open door of the latter's Secretary, and the Secretary to the High Commissioner has no executive power and is junior to all Advisers. The import- ance of this last point it is impossible to over-emphasize. The chagrin with which the Malays of the Federated Malay States regard the more independent constitutions en- joyed by the Unfederated States has been accentuated in the course of
years. Their invidious position was not so clearly recognized by them, while they remained the only States under British protection. (Governor's Secret despatch, dated 21st October, 1924). †
13. During the Great War the policy of decentralization received an unavoidable set-back. It is not, therefore, surprising that Governor, Sir Laurence Guillemard, who assumed duty on the 3rd February, 1920, found on his arrival that the Rulers were not satisfied with the position and were apprehensive that it would grow worse. He accordingly revived the policy; but he was careful to say, in his address to the Federal Council on the 13th December, 1921, that "the policy of the Federated Malay States Government is to aim at friendly combination and co-operation between the Federated Malay States, the Unfederated Malay States and the Colony in all matters in which they have a common interest, on the understanding that each party is free to act as it thinks best in matters of local interest."
14. Public attention was drawn to the need for decentralization by Mr. J. H. M. Robson, an Unofficial Member of Federal Council, in a speech made in Federal Council on the 20th June, 1922. He said: "I would make the Residents again responsible for many things in their own States, for which in the latter stages of federation they have been no longer responsible. I would make each State Council take a greater share in the actual executive work of the country. I should like to see Their High- nesses, if I may say so with due deference to them, taking a greater share in the actual executive work of their individual States. I would also suggest that the State budgets must be maintained as State budgets, because I know the Residents certainly do attach great importance to that. And I would go further and say that the State Council should have authority to spend some sum in excess of those State budgets. They feel tied, if every State has to come to us every time wants to spend any money."
Sir George (then Mr.) Maxwell replying as Chief Secretary said: "I entirely associate myself with everything that Mr. Robson has said about decentralization. It is the thing at which the Government is aiming, and on which we are still conferring with the Residents. It is a thing much to be desired, and specially much to be desired in respect of greater powers being given to the State Councils.
15. Sir Laurence Guillemard in his annual address to the Federal Council on the 21st November in the same year, said: "The subject of decentralization of power in the Federal Government to the State Governments has received my most careful attention since last meeting of this Council. I hope that before long the General Orders relating to the powers, duties, and functions of the British Residents and of the Federal Heads of Departments will have been revised, and that the revision will effect considerable improvement upon the present system. It will, I hope, also be possible to increase the powers and functions of the State Councils in some important respects."'
16. Two days later, at the request of the Sultan of Perak, Sir Laurence Guille- mard had a conference with the four Rulers of the Federated Malay States, the four
*19392/23 tiot printed.
No. 12 in Eastern No. 142.
ان
Residents, and the Chief Secretary to Government for a discussion of the policy of decentralization, with special reference to the proposals put forward for increasing the powers and duties of the State Councils. The result was the appointment of a Decentralization Committee with Mr. E. S. Hose, one of the Residents, as chairman, Subsequently, in an address to the Federal Council on the 23rd January, 1923, Sir Laurence, speaking of this conference, said:-"It was decided that the Residents should confer and submit concrete proposals for approval. It will, I hope, be possible to arrange that the estimates for next year relating to certain services, the District Offices and the Sanitary Boards, for instance, shall be passed by the State Councils. In several other ways it should be possible to lay upon the State Councils the burden and responsibility of work which is now performed by the Federal Government. this increase in the functions and powers of the State Councils, it is for Their High- With nesses the Rulers, who have full power in this matter, to consider whether it desirable to increase the membership of the State Councils."
18.
"
may
be
17. The Report of the Decentralization Committee is dated 11th August, 1923, and published as a Federal Council Paper No. 36 of 1923. Council, on the 14th November, 1923, Sir Laurence Guillemard said, with reference to At a meeting of Federal this Committee, "that it had done much good work." which we shall have to move are fairly clear, but the Government are not yet in a posi- He added:-" The lines along tion to carry out any actual changes I make no apology for this. important matter of securing the proper relations and proportions between the State In this most Councils and the Federal Council, it is necessary to proceed with the greatest caution after a careful study of all the facts of the case and all the aspects of the problem. But, while we are bound to avoid taking any false step or any hasty or ill-considered decision, I can assure Honourable Members that Government are in earnest in this matter of decentralization and mean to carry it as soon as possible to a successful issue."
The Committee's report was forwarded to the Secretary of State for the Colonies by Sir L. Guillenard in a despatch No. 698 of the 23rd December, 1923.* in which he wrote that the main object was ization by giving the Residents the fullest control in State matters compatible with to give effect to the policy of decentral- proper supervision and co-ordination of the department concerned by the Federal Head," who would be the adviser of the Government, and whose advice would be at the disposal of each Resident in matters affecting any State exclusively, besides being at the call of the Chief Secretary in matters affecting the Federation generally. The outcome of this report was an amendment of the General Orders of the Federated Malay States Government in respect of the duties of Federal Heads of Departments. A further small step in the process of decentralization was the Chief Secre- tary to Government (Dispensing Powers) Enactment No. 2 of 1924, passed on the 7th April, 1924. It provides that " whenever in any written law it is enacted that the Resident of a State may make any declaration, impose any rate, fix any fee or exercise any power (other than the power of making rules) subject to the approval of or with the consent of the Chief Secretary to Government in whatever words such intention may be expressed the Chief Secretary to Government may if the thinks fit from time to time by notification in the Gazette declare that such approval of consent is not required and may at
any time by notification in the Gazette revoke any such declaration." 19. In 1924 the Sultan of Perak visited England and asked for an interview with Mr. J. H. Thomas, then Secretary of State for the Colonies, in order to discuss certain matters connected with the administration of Perak. Before the interview he forwarded to the Colonial Office a memorandum, a copy of which is attached to the Secre- tary of State's Secret despatch of the 26th August, 1924.† In it the Sultan requested "that the original treaty be followed in its exact terms," and he wrote:-" Briefly, the Ruler should be treated as a Ruler and the Resident carry out, on his behalf and with his co-operation, the policy arrived at by them in consultation with a more powerful State Council.” The Sultan saw Mr. Thomas on the 6th August, 1924, and it was arranged that His Highness should call at the Colonial Office on the following day and state his case to the Far Eastern Department. The Sultan came to the Colonial Office accordingly on the 7th August, 1924, and the gist of what he said is contained in the Secretary of State's despatch above quoted. smallest matters, e.g., in the case of trifling public works, authority had to be obtained The Sultan pointed out that, in the from Kuala Lumpur. He referred to the estimates for his State which he claimed should be prepared by the Perak authorities and not be drawn up and controlled by the Chief Secretary's Office. He said that the Perak State Council was a body with practically no work to do and no powers to exercise. Before Federation it was the
* No. 6 in Eastern No. 142.
↑ No. 10 in Eastern No. 142.