1 2 3
PUBLIC RECORD OFFICE
C.O.
Reference :-
+885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
See [C.8596] (1897), p. 18.
[Cd. 2239], 1904, p. 44.
16
arrange a form of words which will avoid hurting the feelings of any of Her Majesty's subjects, while at the same time it would amply protect the Australian Colonies against any invasion of the class to which they would justly object.”
The official record of the conclusions of the Conference is as follows:-
C
On the question of the legislative measures which have been passed by various Colonies for the exclusion of coloured immigrants a full exchange of views took place, and though no definite agreement was reached at the meeting, as the Premiers desired to consult their colleagues and Parliaments on the subject, Her Majesty's Government have every expectation that the natural desire of the Colonies to protect themselves against an overwhelining influx of Asiatics can be attained without placing a stigma upon any of Her Majesty's subjects on the sole ground of race or colour."
Since the date of that Conference the question of Asiatic immigration has assumed increased importance, chiefly in respect of South Africa.
In Natal, while there has been a large addition to the labouring popula- tion by the immigration of British Indians under indenture, there has also been a considerable increase in the trading population of Asiatic origin, partly owing to persons who originally came in as indentured labourers setting up as small traders. The Immigration Restriction Laws of 1897 and 1903 were designed to check the increase of this class otherwise than from the ranks of indentured labourers. No objection to the principle of these measures was taken by His Majesty's Government.
Since the Conference of 1897 the chief legislation in Natal to which objection has been taken by the Government of India has been that connected with the Traders Licensing Act (No. 18 of 1897). This matter has been dealt with by the Secretary of State for the Colonies in his letter to the Government of Natal dated the 23rd February last.*
The India Office, in this as in other matters affecting Indians in British Colonies, while not insisting on increased facilities to Indians for setting up in trade, desires to press for the just and equitable treatment of traders already settled in the country, and their protection against arbitrary dis- turbance by the refusal of the renewal of licences which have been granted in the past.
In the Transvaal the situation is somewhat different, owing to laws being still in force dating from before the commencement of British administration (Law No. 3 of 1885) which refuse to Indians the right of citizenship, and of being owners of fixed property. They were also under the old law required to be registered, when settled in the South African Republic for the purpose of carrying on any trade, and to pay a fee of 25l. (afterwards reduced to 31.) for such registration.
The history of affairs in the Transvaal was summed up in Mr. Lyttelton's Despatch No. 4, of 20th July 1904, which continued as follows :-
"On the 14th May you telegraphed that the Supreme Court of the Transvaal in the test case brought before it had reversed the decision of the old Boer Court on the interpretation of Law No. 3 of 1885. The Supreme Court held that that Law compelled Asiatics to reside, but not to trade, in locations.
'From this decision it follows that every Asiatic now resident in the Transvaal (except those brought in under indenture under a special Ordinance) is as free to carry on trade where he pleases as is a subject of English or Dutch origin, so that legislation of the kind now proposed by the Transvaal Government must be in diminution of existing rights. This fact, in my opinion, much changes the aspect in which the matter must be regarded by His Majesty's Government as the trustees of Imperial interests, including those of Indian subjects of the Crown.
"On the other hand, the Law of the Colony as so interpreted is, as I understand your despatch, distasteful to the Transvaal public, who strongly desire to modify it adversely for British Indians who may in future enter the country, as well as for those who are now resident there.
6281; in African No. 863.
17
"A plain distinction may be drawn between these two classes.
蒙露
With respect to the first class-future immigrants-His Majesty's Government recognise that, for the reasons set out in your despatch, there is a strong opposition among the European population of the Transvaal to a continued and unrestricted influx of small traders and others of Asiatic race. The same feeling has already received expression not only in Australian and New Zealand legislation, but also in the Acts passed by the Legislatures of the neighbouring Colonies of the Cape and Natal within the last few years. His Majesty's Government, deeply as they regret the necessity of hindering the free movement of British Indian subjects within the Empire, feel that they are unable to withhold their sanction to the immediate introduction into the Legislative Council of the Transvaal of a measure restricting immigration on the lines of those Acts.
"The adoption in this measure of a language test in an European language only, and the exclusion of the alternative test in a literary Indian language, will undoubtedly effect the purpose in view of limiting, and indeed will, as I believe, almost entirely check, the influx of British Indians and Asiatics into the country. The exclusion of this Indian literary test will, as you are aware, in all probability prevent the Indian Government from viewing favourably any scheme for the introduction of Indian labourers under indenture, but I understand that the Transvaal Government do not now press any such scheme, and I realise that something is to be said from the South African point of view of keeping the legislation in the various Colonies of South Africa on this subject as far as possible on a uniform basis.
"With respect to the second class-British Indians-now resident in the Transvaal, who are confirmed by the decision of the Supreme Court in the rights for which His Majesty's Government have so long contended, the case is wholly different. Every rational precaution to safeguard the health of the community and of the British Indians themselves must of course be taken, and regulations securing this end with respect to their residence, and to the general treatment of their lower classes, carefully prescribed.
"But an apprehended trade competition from the British Indians now in the country, whose number is now comparatively small, and will, under proposed restrictions on immigrants, be in a diminishing propor- tion, cannot be accepted as sufficient reason for the legislation proposed. His Majesty's Government have steadily declined to allow this fear to influence their views in the past. On the contrary, for many years they repeatedly protested before the Empire and the civilised world against the policy and laws of the late South African Republic in relation to this subject.
"Those laws were indeed only partially enforced, yet His Majesty's Government is now asked, not merely to sanction their strict enforce- ment, but to set aside by legislation a judgment of the Supreme Court which has given to the British Indian rights for which His Majesty's Government have strenuously contended.
"His Majesty's Government cannot believe that the British community in the Transvaal appreciate the true nature of the proposition which some of its members are pressing upon you. They, as Britons, are as jealous of the honour of the British name as ourselves, and even if a material sacrifice were necessary to vindicate that honour, I feel assured they would cheerfully make it. His Majesty's Government hold that it is derogatory to national honour to impose on resident British subjects disabilities against which we had remonstrated, and to which even the law of the late South African Republic, rightly interpreted', did not subject them, and they do not doubt that when this is perceived, the public opinion of the Colony will not any longer support the demand which has been put forward."
The general principle then asserted is, briefly, that while His Majesty's Government cannot oppose the refusal to admit Asiatics in future, those already settled in the Colony should be treated with fairness and liberality,
them. and that no humiliating disabilities should be imposed upon
B
E 45018.