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PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

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rities found conclusive that the substance of the article was surrendered, and that only its shadow remains as a diminished blot on our statute book. But all the other provisions of the labour law were honestly, fairly, and impartially discussed by the then unofficial members of Council, who often improved them, and we most certainly do not deserve the reproach or the suspicion that if we had possessed the majority, a just, impartial, and practicable labour law could not have been passed.

Sir, under the management of a Council composed of 14 members, and in which the then Governor had the official majority," from a clear capital balance of about 100,000., "after providing for all liabilities, and a clear current surplus of near 50,000l., after paying the whole current expenditure, which was the state of affairs at the end of 1847, the colonial finances passed in only two years to a current deficiency of 98,5751., and a public debt of from 40,000l. to 50,000l." Lord Grey, from whose Despatch, of the 24th October 1849, to Sir George Anderson, I quote this extract, therein says: "I am entirely at a loss to understand how measures of such an extra- ordinary character, and the results of which are admitted to be 'apalling' could have obtained the sanction of Sir William Gomm and of the Council of Govern- ment."

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As soon as Earl Grey was informed of these coming disastrous results, he appointed Sir George W. Anderson, Governor of Mauritius; and, instead of distrusting a majority of unofficial members, he authorised the Governor to add two or more unofficial members to the Council, and even to make provisional appointments pending the notification of Her Majesty's pleasure. Sir George Anderson, Sir, was a Governor who, like your Excellency, saw things by himself, and who was both clear-sighted and unprejudiced. He very soon selected three additional unofficial members. With the co-operation of his majority of unofficial members, during his short government, he restored order in the finances, created the municipality for the district of Port Louis and also the District Courts, modified the judicial establishment, and made material im- On leaving the Colony, he reported provements in our immigration and labour laws.

useful. that this increase of unofficial members had worked very well, and had been very During about 25 years, Mauritius continued to enjoy that majority of unofficial votes. During the Governorship of Sir James Higginson, who succeeded Sir George Anderson, the sugar production of Mauritius was doubled, nearly sixty thousand male immigrants were introduced from India, and considerable improvements were made in the immi- gration and in the labour laws. In his Despatch accompanying the Blue Book for 1851, Sir James Higginson says:- -"It is impossible for me to exaggerate the just, and reasonable, and enlightened spirit which animates the Council in the performance of its legislative functions; a reference to its proceedings will fully bear out this impression; and I would observe that the unofficial members of this body are not "now as formerly, in a minority, but that they outnumber the officials, and therefore exercise a more powerful influence on the character and scope of our legislation." In his Despatch accompanying the Blue Book for 1852, the Governor says:-" The proceedings of the Council continue to be governed by the same spirit of justice and liberality which have characterised the legislation of previous years, Amongst the "various ordinances which have been passed, the most important are those for amending and revising the laws for the relief of the poor in the country districts, for amending the laws relating to immigration and promoting the industry of immi- grants, and for amending and consolidating the laws on criminal procedure.""—Sir Henry Barkly, after Sir James Higginson, and all the other Governors, have also repeatedly borne testimony to the justice and the liberality of the unofficial majority of Council. In fact, that spirit of impartiality, of justice, and of liberality, is one of the distinguishing characteristics of the Mauritian mind. A distinguished Mauritian held the high office of Procureur and Advocate-General in Mauritius, at the time of the abolition of slavery. He had to prepare the ordinances and regulations under which that great, humane, and beneficial change was worked out and to adapt them gradually to the great and rapid transformation of the Colonial population. That difficult and delicate duty was performed by him with so much ability and impartiality, that when he retired on a pension, in 1854, the home Government intended to recom- mend the Queen to confer upon him some very high mark of Royal favour, as an appreciation of his distinguished services, an intention which was frustrated by his His marble bust now adorns this room as a bright unexpected death in Paris. example to others. Other Mauritians have since held the same high office, and have all shown the same impartiality towards all classes. But in 1871, a Governor came, with ideas and theories of his own, which he wished to force upon the Council and the

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Colony in their crude form. The unofficial members voted resolutions accepting in principle all that could be rendered practicable in his ideas and expressing their readiness to co-operate with him in fairly and impartially considering the whole of his But, notwithstanding, the Governor made to the home Government representations, of which to this day we never have had any knowledge, the result of which was a short and peremptory order from the Secretary of State to reduce this Council to seven official and seven unofficial members, as it was in 1849. No ground and reason has ever been given in support of that despotic and retrograde order, and so long as the Council is left as it is, it will remain a standing grievance for every Mauritian having the feelings of a British subject.

I therefore confess my regret that in the counter petition or letter forming part of the printed papers before us, three of the present unofficial members of this Board inform the Secretary of State that whilst they oppose the addition of elected members to this Board, they would gratefully accept an increase of three unofficial members chosen by the Crown. All the British Colonies have considerably prospered since 1850, and this Colony as much as any of them materially and intellectually; but, for Mauritius, the only aspirations and ambition of our opponents is to revert to what was granted by Earl Grey in 1849. What guarantee have they that those three additional unofficial members would not again be suppressed, at the request of the first Governor who would again wish to force his special views upon the Council? I am only surprised that the Lieutenant-Governor, who so much dreads a combination of the non-official members paralysing the action of the Crown, has recommended, however cautiously (paragraph 26), that two unofficial members be added to this Board, in full confidence that any Governor, himself included, would undertake to conduct this Government to the entire satisfaction of the home Government with a Council of eight official and ten nominated members.

I deeply regret that Lord Derby should have been influenced by those fears of the Lieutenant-Governor. He records with pleasure (paragraph 3 of his Despatch)" that the "Mauritius Council of Government has long been conspicuous among the Legislatures "of the Crown Colonies for the ability and the assiduity which it has devoted to the public business; and it would be difficult to name another Colonial Legislative "Council in which the unofficial members have so usefully and actively co-operated with the executive Government." With all this praise, however, Lord Derby has no confidence in those unofficial members. During 30 years two generations of them have given uninterrupted proof of their wisdom, justice, and impartiality; yet his Lord- ship evidently believes that as soon as a few elected colleagues are allowed to sit with them, they will lose their heads and the high feelings for which he praises them, will form coalitions against the Government, refuse supplies, and try to oppress the "Indians "who have immigrated into this island, with the sanction of the Government of India, in full reliance upon that protection which is secured to them under the existing "Constitution.'

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This answer is both sad and humiliating. It intimates to the educated classes of Mauritius, that so long as they preserve that connexion with Great Britain which they so much value, whatever may be their aspirations and progress, however kind, just, and generous they may be to their labourers, they will be denied the political freedom and the public rights and privileges of British subjects, and that they will be ruled by a despotic Government, for fear they may try to interfere with the protection of the Indian immigrants, and that, therefore, they must remain the outcasts of the British Empire. I cannot admit that this be the last word of an eminent and high-minded British statesman. We have always been and we are still ready and willing to ensure to the immigrants whose labour contributes to the wealth of Mauritius their fullest share of due protection, but that protection may be secured otherwise than by our continued political subserviency. Those immigrants came here under a contract for five years which they have completed, they would be free to return to their native land if they ever had occasion to dread oppression in any shape in Mauritius. But they well know that they have absolutely nothing of the kind to fear. They have cheerfully settled, and live here contented, prosperous, and happy. Their children born here are, at all events, not Indian, but Mauritian subjects of the Queen. By what notion of British justice can two different kinds of protection be required for Her Majesty's Indian subjects here, and for her other subjects in the other dependencies of her wide-spread empire.

At Natal, peopled by less than 30,000 whites and with a native population of 367,540 natives, Indians immigrate in large numbers, and are equal to, if they do not exceed, E 4