516
112
would show this aversion if independent rule subject to British advice was restored to the Rulers of the present Federated Malay States."
This sentence raises some nice points, which, if pursued, would go to the root of the whole matter; but they are not legal questions, or conundrums of interpreta- tion, they are questions of policy and administration, and as such. I gather Mr. Braddell is not concerned with them. Were it otherwise, I should ask him to when define, the exact meaning of independent rule subject to British advice that advice must be followed.
T
After all, the political and administrative questions are of much more importance than the wording of the engagements, which, so far as I know, have not been ques- tioned and have fulfilled the intentions of the parties, except in those cases where the intention has been ignored or changed because it did not suit the wishes of those who possessed power or influence enough to over-ride conditions which they found existing, but which did not suit their ideas in regard to the distribution of authority.
To emphasize that crucial point, let me say again that the intention of the Treaty of Federation was to give unity, increased power, and resources to the States as a whole; to confirm the authority of the Rulers in their own States, and increase their importance, as members of a powerful federation; to control and co-ordinate the executive actions of the British Residents; and, especially, to create the office of Resident-General for the purposes already described. That last provision was the keystone of the structure: to remove it was to begin the destruction of the edifice.
Never Intended.
The scheme of Federation was not designed to add to the Governor's work; on the contrary, it was intended to relieve both him and the Colonial Secretary of duties -imposed by special circumstances with which they had not the time or the experi- ence to deal effectively. It was never intended that the Governor should personally take a hand in the executive work of administration or, ignoring the Resident-General, give direct instructions to Residents or other officers. That was neither contemplated nor attempted until about 1909, but with that change the first blow was given to a scheme which, devised in 1893, was accepted by the Rulers and Chiefs of the States concerned, and took form in the Treaty of 1895.
A stone thrown into a silent pool makes ripples which spread in ever-widening circles as there is water to carry them; and several stones have been cast into the Malay pool at different times since the waters of administration presented the smooth surface which, in some minds and to some hands, seems to invite disturbance. The above are merely remarks on Mr. Braddell's valuable paper; in no sense are they an attempt to criticize the proposals for a change of policy or of administration in the Federated Malay States. To do that would need a preliminary inquiry into the reasons for the proposed changes, the alleged dissatisfaction of the Rulers of the States within the Federation and the confident statement in regard to the " aversion
of the States outside the pale to come into the fold-supposing they were invited or permitted to do so.
Has Federation Failed?
Is it because these outside States have already got all the help in money and trained men that they want? Or that they feel sure they will get any further assist- ance without obligation on their part? Or is it that their Rulers have been treated with the same consideration and the same favours as their neighbours in the Federa- tion, without being called upon to make any of their generous gifts and sacrifices?
I seem to have heard of railways in Kelantan, Kedah, and Johore, with a magnifi- cent causeway to Singapore; of the settlement of money difficulties in Kelantan and perhaps elsewhere. But who was the fairy godmother? Was it the Colony or the Imperial Government which found the money for these great works?
If Federation has proved a failure, can that be due to over-generosity? It can- not be attributed to the creation of the post of Resident-General, for that was abolished twenty years ago. Nor can Federation be held responsible for the fact that the High Commissioner has replaced the Resident-General, because that con- tingency was neither contemplated nor provided for in the Treaty.
Facts cannot be ignored because they look ugly when undressed; nor can bene- fits be denied because it is inconvenient to owe an obligation which the debtor cannot repay and prefers to forget. It is simpler to divert attention from such trivialities by drawing a red herring across the scent, and what fish would serve better for that purpose than "the failure of Federation?"
13820/33 [No. 1].
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No. 42.
UNFEDERATED MALAY STATES (JOHORE).
THE HIGH COMMISSIONER to THE SECRETARY OF STATE. (Received 16th January, 1933.)
(Confidential.)
[Answered by No. 43.]
SIR,
Government House, Singapore, 17th December, 1932. I HAVE the honour to invite your attention to the eighth paragraph of my Confidential Unfederated Malay States despatch, dated 9th October, 1931, to which I subsequently drew your attention in a personal and confidential letter, dated 31st December, 1931,† in which I said that I had not yet taken up any of the points referred to in that paragraph with the Sultan of Johore, because I particularly wished first of all to settle the agreement concerning the section of the Malayan railway through Johore, the lease of which from Johore is due to expire at the end of 1932. To this letter you replied in a personal note, dated 22nd April, 1932, agreeing that it would be better not to take up with the Sultan of Johore any of the points I had mentioned at any rate until the new agreement concerning the section of the Malayan railway through Johore had been settled.
2. The new agreement with Johore concerning the railway has now been settled and signed, and copies of it have been sent to you in my Confidential Federated Malay States despatch, dated 8th December, 1932.§ I shall, therefore, be glad to learn now what opinion you hold on the points mentioned in the eighth paragraph of my Confidential despatch, dated 9th October, 1931. All these points concern the well- known ambition of the Sultan of Johore to be in a position, vis-à-vis Great Britain, different from that of the other Rulers of Malay States in this Peninsula. He desires, in fact, that his position should be that of an King of Siam.
independent sovereign such as the
C
CE
33
3. You will remember that a fresh Commission was passed under the Royal Sign Manual and Signet, on the 16th March, 1931, appointing the Officer for the time being Administering the Government of the Straits Settlements and their Dependencies, to be High Commissioner for the Protected States in the Malay Peninsula. This Commission recites that Whereas the States of Perak, Selangor, Negri Sembilan, and Pahang, and the States of Johore, Kedah, Kelantan, Trengganu, and Perlis within the said Peninsula are now under Our Protection: this Our Commission under Our Sign Manual and Signet appoint you, Our said Governor Now therefore We do by and Commander-in-Chief in and over Our Straits Settlements and their Dependencies,
or other Officer for the time being Administering the Government thereof, to be Our High Commissioner to act in Our name and on Our behalf, and in all respects to repre- sent Our Crown and authority in matters occurring within the said States which are now under Our Protection. This Commission definitely places all States in the Malay Peninsula upon the same footing vis-à-vis His Majesty's Goverment and His Majesty's High Commissioner. The Sultan of Johore has let it be known verbally that he objects to this new Commission. He has not indeed ventured to put his objection in writing, but he continues to address me both in private and official correspondence as "Governor.
In my opinion, the time has now come when the Sultan of Johore should be definitely informed that, in all official correspondence, he must address me as High Commissioner.
4. Article III of the Agreement between His Britannic Majesty's Government and the State of Johore, signed on the 12th May, 1914 (see Treaties and Engagements affecting the Malay States and Borneo, page 136) recites :-"The Sultan of the State and territory of Johore will receive and provide a suitable residence for a British Officer to be called the General Adviser, who shall be accredited to his Court and live within the State and territory of Johore, and whose advice must be asked and acted upon on all matters affecting the general administration of the country and on all questions other than those touching Malay religion and custom. The cost of the General Adviser with his establishment shall be determined by the Government of the Straits Settlements and be a charge on the revenues of Johore. The collection and control of all revenues of the country shall be regulated under the advice of the General Adviser." You will observe that the General Adviser, in terms of this agreement, is to be a British Officer:
C. 82407/31 [No. 9]: not printed.
* No. 40.
+ C. 82407/31 [No. 8]: not printed.
§ 13311/33 [No. 1]: not printed.
THALIC PECORD OFFICE
། ། ། ། ་ ༔།
Reference -
Tumimmi C.O.882/12
PUBLIC RECORD OFFICE. LONDON
ALLY WITHOUT PERMISSION OF THE BF REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO|
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