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PUBLIC RECORD OFFICE

Reference :-

TLC.O.

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17 PUBLIC RECORD OFFICE, LONDON

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

[C'd. 1639]. 1903, pp. 4.

5.

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Among these humiliating disabilities are several imposed (not in the Transvaal only) by municipal regulations, such as prohibitions against Indians (in common with Kaffirs) walking on the side paths of streets, travelling in the common tramcars and vehicles plying for hire, and receiving first-class accommodation by rail.

In recent Natal legislation the classing of British Indians.with " uncivilised races" has also excited much resentment in India, and it is hoped that the Colony will amend the law in this particular.

As regards Australia, the chief subject of controversy has been the exclusion of Asiatic seamen from the steamers carrying the mails, by the operation of the Commonwealth Post and Telegraph Act, 1901. This matter was dealt with in Mr. Chamberlain's despatch dated 17th April 1903, from which the following is an extract :-

His Majesty's Government much regret that the legislation which has recently been passed in Australia has made it impossible for them to be associated in future with the Government of the Commonwealth in mail contract. They recognise the importance to the cause of

any Imperial unity of joint action in such matters as postal communication between the Mother-country and the great self-governing Colonies, and they would not on slight grounds withdraw from such co-operation; but the legislation in question, affecting as it does principally Indian. subjects of His Majesty, leaves no other course open to them. By the Mutiny Proclamation of 1858 the Crown declared itself bound to the natives of its Indian territories by the same obligations of duty which binds it to all its other subjects, and undertook faithfully and con- scientiously to fulfil those obligations. It would not be consistent with that undertaking for His Majesty's Government to become parties to a contract in which the employment of His Majesty's Indian subjects is in terms forbidden, on the ground of colour only. His Majesty's Government have shown every sympathy with the efforts of the people of Australia to deal with the problem of immigration, but they have always objected, both as regards aliens and as regards British subjects, to specific legislative discrimination in favour of, or against, race and colour, and that objection applies with even greater force to the present case, in which the question is not of the rights of the white population of Australia as against an influx of foreign immigrants, but merely of the employment of His Majesty's Indian subjects on a contract to be mainly performed in tropical or sub-tropical waters.

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Even if the service were one upon which His Majesty's Indian subjects had not hitherto been employed, it would destroy the faith of the people of India in the sanctity of the obligations undertaken towards them by the Crown if the Imperial Government should become in any degree whatever parties to a policy of excluding them from it solely on the ground of colour. But where they have already been employed in the service for a long period of years, to prescribe them from it now would be to produce justifiable discontent among a large portion of His Majesty's subjects. His Majesty's Government deeply regret that their feeling of obligation in this matter is not shared by the Parliament of the Commonwealth, and that in regard to a matter which cannot affect the conditions of employment in Australia, and in no way affects that purity of race which the people of Australia justly value, they should have considered it desirable to dissociate themselves so completely from the obligations and policy of the Empire." More recently the same principle, of excluding ships employing lascar seamen from the advantages granted to vessels manned exclusively by white sailors, has been applied in the Act passed in 1906 by the Commonwealth Parliament for granting preferential treatment to goods the produce or manufacture of the United Kingdom. Against this unfair treatment the India Office feels bound to protest.

India Office, May 1907.

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No. VI.

Subjects for Discussion at the Conference.

NOTE. The Resolutions proposed to be submitted to the Conference by the Commonwealth of Australia and the Governments of New Zealand and Cape Colony are printed on pages 6, 8, and 11 of [Cd. 3337], February, 1907.

31499.

No. 1.

The GOVERNOR OF NATAL to the SECRETARY OF STATE. (Received August 25, 1906.)

(No. 189.)

Government House, Pietermaritzburg, Natal, MY LORD,

August 4, 1906. WITH reference to your despatch, General, of the 22nd February,* I have the honour to inform you that my Ministers do not propose to suggest any special subjects for discussion by the Colonial Conference which is to assemble in London in April next, as they have no doubt that the list to be prepared by His Majesty's Government will embrace all questions of general interest in which the various colonies are likely to be concerned.

33333.

No. 2.

I have, &c.,

HENRY MCCALLUM.

The GOVERNOR OF THE CAPE OF GOOD HOPE to the SECRETARY OF STATE.

(No. 262.) MY LORD,

(Received September 8, 1906.)

Government House, Cape Town,

August 22, 1906.

I have the honour to transmit to your Lordship, with reference to your despatch, General, of 22nd February 1906 the accompanying Minute from Ministers respecting the subjects for discussion at the Conference of Colonial Premiers in London.

I have, &c.,

WALTER HELY-HUTCHINSON.

Enclosure in No. 2.

Prime Minister's Office, Cape Town,

August 22, 1906.

(No. 1/562.) MINUTE.

MINISTERS have the honour to acknowledge the receipt of His Excellency the Governor's Minute No. 228 of 13th March 1906, conmunicating, for their information, a copy of the Secretary of State's despatch concerning the assembly of the proposed Conference of Colonial Premiers in London, which is now fixed to take place early next year,

Ministers regret that they have not been able before to comply with the request contained in the fifth paragraph of Lord Elgin's despatch, asking that a statement of the subjects which the Government may wish to bring before the Conference for discussion be furnished by 1st September proximo. delay in dealing with this matter has been occasioned by the continuance of the Session of the Cape Parliament, just closed.

The

Ministers have now formulated their proposals, and accordingly beg that His Excellency may be pleased to communicate the following as a list of

2851; uot printed.

B 2