CO882-10 — Page 518

491

PUBLIC RECORD OFFICE

C.O.

Reference :-

882 /10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

be possible, therefore, is some policy of combination, co-operation and co-ordination, with the creation of a friendly spirit which may ripen into a federal spirit. In reply to the first point, I would say that it is undesirable, even if it were possible, to lay Any down, a priori, a complete scheme for the federation of the Malay States. scheme must unfold itself as it develops. Influences at present unforeseen will operate upon it. In some respects, progress may be surprisingly rapid, and in others it may be extraordinarily slow. It is vain to prophesy, and it would be vainer still to attempt to work out a "out-and-dried" scheme.

L

22. I have had a long and very intimate acquaintance with all the Malay States. I know every one of the Rulers intimately, and have personal friendships with many of the principal Chiefs in each State. I am thus emboldened to emphasize the importance of avoiding anything in the nature of a Meeting of Rulers," or a "Conference of Residents and Advisers." The Meetings of Rulers" referred to in paragraph 8 above, were wholly foreign to Malay ideas and etiquette. The fact "Conferences of Residents that only two were held is in itself a sign of unsuccess. and Advisers "* might possibly be useful for the interchange of ideas, but they would do active harm by creating suspicion amongst the Malays.

23. I venture to recommend that the policy be as follows:-

(i) A public declaration should be made on some suitable occasion, such as the High Commissioner's Annual Address to the Federal Council, that the policy of the Government is not to extend the Federation so as to include any State not at present included in it, and that the policy is to aim at a friendly combination and oo-operation between the Federated States, the Unfederated 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. All matters, whether of common, or of local, interest would, as hitherto, be subject to the approval of the Governor or the High Commissioner.

(ii) In any scheme for friendly combination and co-operation, particular care should be taken to give full representation to the Unfederated States, and to avoid carefully anything that might be interpreted as undue pressure.

(ii) In any matters in which there was no such scheme, the Advisers of the Unfederated States should be given to understand that, unless they could show cause to the contrary, they should advise their Governments to adopt the general policy of the Federated Malay States.

(iv) In the Federated Malay States, power should be restored not only to the Residents, but also to the Rulers and the State Councils, in order to give the Rulers more share and interest in the administration of their countries, and at the same time to reduce the difference, which is now very marked, between the Rulers of the Federated and the Unfederated States.

24. Before concluding, I would refer to two points in Sir Arthur Young's letter to Mr. Dixon. He says, "I found, nevertheless, no difficulty in getting the "Rulers of the Unfederated States to agree to adopt any measure which had been adopted in the Federated States, and which I considered should apply to the "Unfederated." Later on he says, "It would have saved me and other officers a good deal of work, and, as I have said, simplified administration, if the whole were federated." I venture to submit that the work falls almost entirely on the Secretary to the High Commissioner, who conducts the High Commissioner's correspondence with the Federated and Unfederated States. Sir Arthur Young says that there is no difficulty in getting the measure adopted: it is only a matter of correspondence.

25. The second point is in the following passage in Sir Arthur Young's letter. He writes:-"There is another factor which militates against the Unfederated "States joining the Federation, and that is the unwritten law that in the Federation ** the Rulers take precedence according to the dates they joined the Federation; for "instance, the Ruler of Negri Sembilan, who is not a Sultan, takes precedence of "the Sultan of Pahang. Even the Sultan of Kelantan would not, I consider, join the Federation if this rule holds good." With all deference to Sir Arthur Young, I think that he is mistaken. Precedence can hardly date from the time when the Rulers joined the Federation. They all joined (with the extraordinary rapidity mentioned above) within a few days of one another; and the Federation was not

46

11

complete until the last had joined. It is more likely that consideration was had to the dates on which the various States came under British protection. But, however that may be, I venture with all respect to submit that the " unwritten

law"

is a thoroughly bad one. Under it the present Sultan of Perak, who recently came to the throne, and who has no decoration from His Majesty, takes precedence over the Sultan of Selangor and the Ruler of Negri Sembilan, both of whom have the Honorary K.C.M.G. It is submitted that the rule should be that precedence takes effect from the date when the Ruler was formerly proclaimed as such.

So far as the Rulers of the Unfederated States are concerned, there is no difficulty, for they very seldom meet one another except in one another's States. So far as the Rulers of the Federated States are concerned, I think that the Sultan of Perak (who would be the loser) could be persuaded to agree. If he agreed, the other three Rulers would doubtless agree. If any change is made, it will be necessary to consider the scale of salute of guns accorded to the various Rulers.

26. Finally, I venture, with deference but with emphasis, to urge that it is not a matter in which the Government can look for early results. In fostering feelings of friendliness, confidence, and co-operation between a number of native States, of which the people are as slow to think and to act as they are quick to suspect, one must avoid any premature advances and refrain from asking for any promise, undertaking, or concession that the other party is not yet prepared to make. Perhaps it may be said that the golden rule in federation-making is to observe the rules of love-making. In any event, it can be safely said that it is no longer possible, or desirable, to obtain signatures to a Treaty of Federation in the manner that was successful in 1895.

W. GEORGE MAXWELL.

Oxford,

15th October, 1920.

(39840/21.)

No. 2.

The HIGH COMMISSIONER to the SECRETARY OF STATE,

(Received 9th August 1921.) [Answered by No. 3.]

UNFEDERATED MALAY STATES.

(Confidential.)

Government House, Singapore.

5th July, 1921,

SIR,

In reply to your Confidential despatch of the 23rd March, 1921,* I have the honour to inform you that I have discussed with Mr. Maxwell the policy recom- mended in his memorandumt relating to the Unfederated Malay States and find myself in general agreement with him. Many of his suggestions had already taken shape in my own mind as desirable, and it is satisfactory to me to find them confirmed by his long experience. I shall be glad to learn whether I have your approval of my taking the following action :---

(i) making a public announcement, if possible on the occasion of my next annual address to the Federal Council, on the lines indicated in paragraph 23 (i) of the memorandum. I have discussed with Mr. Maxwell the wording of this paragraph and he agrees with me that the words "the policy of the "Government is not to extend the Federation so as to include any State not at present included in it " are open to misconstruction. He does not mean to convey the impression that the Government would not agree to the entry into the Federation of a State which was ready to come in.

4

(ii) Issuing confidential instructions upon the pointe mentioned in clauses (ii), (iii) and (iv) of paragraph 23;

2. I have asked Mr. Maxwell to ascertain in confidence the views of the Sultan of Perak upon the point mentioned in the second part of paragraph 25,

3. I should like each Resident and each Adviser to retain a copy of Mr. Maxwell's memorandum, and should be glad therefore to receive 12 more copies of it.

I have, &c.,

L. N. GUILLEMARD.

* 51135/20: not printed.

† No. 1.