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in a childish and often disreputable manner its general tone evidently aims at the rapid extension of Indian influence in the affairs of the Colony.

31. The Indian population is at present represented in the Council of Govern- ment by two Nominated Members: Dr. Sakir, a Mohammedan, and Mr. Boodhun, a Hindu Barrister. Neither of these gentlemen has considered it necessary or advisable up to now, to show much more than an academic interest in the proceedings of the Legislature and their support of the Government has been loyal and consistent.

32. But it is becoming increasingly evident that a new spirit is in the air. The influence of political developments in India is having its repercussion in Mauritius and there can be no doubt that the Indians in this Colony are being encouraged by emissaries from India to develop and utilise their political influence. It is the general opinion among the Mauritian whites that, at the next general election, which is due to take place in January, 1926, several of the seats now held by them will be won by Indians. Some go so far as to believe that the day is not far distant when unless there be a modification of the existing constitution Asiatic influence will be preponderant in the Council of Government.

3. About two years ago a movement was started among some prominent members of the Creole section to obtain what they called a "Révision of the Con- stitution.' At the head of this movement was Mr. Gébert, a slightly coloured gentleman who had, for many years, been a Member of Council but had retired in 1921. His idea and that of his friends was to obtain for Mauritius either responsible Government, or failing that, a form of Constitution similar to that prevailing in Barbados, Bernuda and the Bahamas. They believed that, under such a system, the Creoles would return several members to the Legislature and that their political influence would thereby be increased. The whites viewed this movement either with apathy or suspicion. The great majority of them were quite satisfied with the existing form of Government and, with only one exception, the Elected Members of the Council, when approached by the Revisionist Committee to associate themselves with the movement, declined to do so. The Indians appeared to take no interest in the matter.

34. The movement was about to expire of inanition when the whites suddenly found themselves drawn into it. At the unveiling of the statue of Sir William Newton, in Port Louis on 27th September, 1922, Mr. E. Sauzier, the member for Pample- mousses, who, since the retirement of Sir II. Leclezio, has been accepted as the leader of the Elected Members of Council, made a speech in which he expressed a strong hope that the Mauritians would soon obtain a greater measure of control in the management of their affairs. This speech caused much surprise and a good deal of concern to his colleagues on the Council. While the newspapers controlled by the whites disassociated themselves from the trend of the sentiments expressed by Mr. Sauzier, the Creole Revisionist Committee hailed the speech as an indication of the willingness of the Elected Members to join them and the movement received a con- siderable accretion of strength.

35. About 6 months ago the projects of the Revisionist Committee began to show such a definite crystallisation that the Elected Members of Council considered it inad- visable to maintain their attitude of complete aloofness and they consented to discuss the matter with delegates from the Revisionist Committee. The deliberations of this combined Committee have continued, more or less fitfully, during the last six months and an agreement appears to have at last been reached. Thave obtained, confidentially, a copy of the Resolutions* which have been adopted by the Mixed Committee and I attach a translation of it.

36. It will be seen that the chief proposals are the following:—

That the Unofficial Nominated Members of Council should be six in number and that they should have complete freedom of vote; that they should be appointed for the duration of the Council and that they should be selected so as to secure as far as possible a due representation of each of the different sections of the community.

That the number of Elected Members be raised from 10 to 12.

That the number of Official Members either er offieio or nominated should be 12 including the Governor.

That the decisions of the majority of this Council of 30 should be accepted as the decisions of the whole Council "save in the case of questions declared to be of

paramount importance' and which would be referred to the Secretary of State.”

That the initiative, in financial matters, should, as at present, rest with the Crown. That the existing franchise be retained but that the following additional qualifica- tion for a vote should he recognised: “* Every owner of shares in a company limited by shares or in a society of a face value of Rs. 3,000 who has been registered in the

* Not printed.

+

books of such company or society three months previous to the date of his registration as an elector shall be qualified to vote in the district within which is situated the property of the company or society of which he is a shareholder.”

37. It will be noticed that in the preamble to the resolutions specific reference is made to the "separatist tendencies of certain members of the Indian Community,' and that, in the event of the Indians failing to disassociate their communal interests from the general interests of the country the Committee would maintain its entire freedom of action in the case of the non-realisation of its hopes.

It is difficult to understand why the Committee should have thought fit to include in their report a reference to considerations which are almost certain to be objec- tionable to the Indians of the Colony and also, possibly, to the Government of India.

38. It will be seen that the proposals of the Mixed Committer are in some respects similar to those which are recommended for Jumaier in the Honourable E. F. Wood's report on his visit to the West Indies. They do not, however, include any suggestion for an Excentive Committee nor do they involve the inclusion of any unofficial members in the existing Executive Council.

39. One of the most important points is the plain definition of the rights and responsibilities of the Unofficial nominees and it is suggested that, save in matters

paramount importance," they should have complete freedom of vote.

of

40. The position of the Unofficial nominees in the Mauritius Council has always been nebulous and frequently anomalous. Although as far back as 1886 the Imperial Government agreed that there should be an unofficial majority on the Council (sce Sir J. Pope Hennessy's Confidential despatch of 23rd Jamiary, 1886) the moral — obligation that has always been laid on Unofficial nominees to give a constant support to the Government has been so strong as practically to force them to form part of the official side of the Council. The Government has thus, in practice, always been able to count on a quasi-official majority.

:.

41 It is now considered that the Unofficial nominees should no longer he official dummies and that they should, save in exceptional circumstances of which, presumably, the Government would be the judge, be free to vote as they think fit. If the Elected Members are to be 12 and the Official the same number, the six" nominees would, in cases where these two sections formed solid blocks, hold the balance.

42. The power reserved to the Government of declaring a question to be of constitutes a strong safeguard in cases where the influence paramount importance

31 nature of a of powerful local interests may be expected to militate against the fair settlement of a

paramount question. If any doubt arise, at any time, as to the " question the point would, presumably, save in cases of extreme urgency, be referred This aspect of the case has been fully dealt with in to the Secretary of State. Mr. Wood's report on the constitution of Jamaica, page 5 et sequitur, and the arrange- ments, which he proposes in the case of the West Indian Colony, appear to me to be equally suitable for Mauritius.

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43. It will be noted, however, that there is a considerable degree of expansion in Mr. Wood's definition of the questions on which the Government could claim predominant influence. On p. 9 he refers to measures essential to the good government of the Colony; on p. 11 he limits the Governor's over-ruling power to matters of paramount importance; on p. 14 he considers that the Governor shall be enabled to carry measures which in his judgment were essential to enable him properly to discharge his duty as the responsible head of the administration; and on p. 15. he proposes that the Executive should have power to carry into effect the official policy in matters of first-rate importance.

44. In view of the great length of time taken in conducting written paramount correspondence between the Colonial Office and Mauritius it would appear advisable that the general nature of the questions which might be considered to be of importance should be defined as clearly as possible.

45 Whether the Constitution of this Colony be revised or not it is becoming a matter of urgency that the position of the existing Unofficial Nominated Members should be more clearly settled. Although the Elected Members, who have lately discussed the proposals of the **Revisionists," appear to have come to the conclusion that the Unofficial nominees have, at present, no freedom of vote, several of the gentlemen who are holding seats by nomination have recently represented to me that they consider themselves as being entirely free to vote as they wish except on questions of " Imperial importance." In the course of a recent debate five of the Unofficial nominees suddenly and unexpectedly voted against the Government and the measure very narrowly escaped defeat. The matter in question related to certain grants by the

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Treasury to the District Boards. If the contention of the Unofficial nominees be agreed to it is essential that the right of the Governor to declare certain questions to be of

paramount importance" should at an early date be clearly acknowledged.

46. The proposed increase of Elected and ex-officio Members does not appear to ine to be obfectionable. The increase of the Elected Members, from 10 to 12, will certainly mean an enlargement of the Creole representation. Under existing arrange- It is suggested ments Port Louis reckons two members, one white and one coloured. that an additional seat should be allocated to Port Louis and that the populous district of Plaines Wilhems, which comprises a number of important townships, should have two members instead of one. The additional seat wonk!, I feel sure, be gained by a Creole. 47. The 10 Elected Members now comprise one coloured man (Ilon. J. Tranquille, a solicitor and Mayor of Port Louis) and nine whites. Of the latter are barristers, 2 planters, I chemist, and I retired civil servant. The general impression is that, if the Elected Members be increased by two and if the Indian electorate continue its increased activities, the Elected Members, after the next general election in January, 1926. will probably comprise six whites, 3 Creoles and 3 Indians. If, of the six Unothic nominees proposed by the Revision Committee. 3 be white, 1 Creole and 2 Indians, the whole Unofficial side of the Council would probably then comprise 9 whites, Creoles and 5 Indians.

48. After careful consideration of the proposal to give freedom of vote to the Unofficial nominees, save in certain reserved cases, I have come to the conclusion that it is one which, under the conditions recommended by Mr. Wood for Jamaica, could I believe that, by increasing the sense be equally well accepted in regard to Mauritius. of responsibility of the Unofficial side of the Council, elected as well as nominated, there will be a greater breadth of view in the consideration of all measures brought before them and that there would be far less tendency than there is at present to form the solid block of opposition to the Government which the Elected Members, from time to time, consider themselves obliged to show. I am under the impression that, in view of the lack of cohesion among the whites, Creoles and Indians, the Government would, in most cases, hè able to count on detaching from the Unofficial side of the If Council a sufficient number of votes to enable it to get the required majority. whites, Creoles and Indians showed a complete united front there would be good reason 10 believe that a spirit of compromise would be advisable on the part of the Government. 49. It is, perhaps, a matter for surprise that the proposals should include the retention of nominated Unofficial Members of Council. I understand that the decision arrived at in this case was due to the fear that if the Unofficial element were wholly elected the rapidly growing influence of the Indians might, in the not distant future, give a preponderant representation to that section of the community. By retaining to the Government the nomination of six members this danger would be greatly reduced. 50. The proposed modification of the franchise to the extent of giving the quali- fication of elector in any district to any person possessing inscribed shares of a face value of Rs.3,000 in a registered Company or Society three months before his regis- tration as an elector in the district in which that Company or Society's property is It was, I understand, situated, is, I believe, a remarkable and unusual proposal. initiated by the white members of the committee and is manifestly intended to increase their voting power.

Nearly all the sugar estates and factories in this island are A inanaged as joint-stock companies and their shares are very widely dispersed. capitalist may own shares in companies in every district in the island and, under the arrangement proposed might be an elector in each of the 10 or 12 constituencies. Such a proposal could not be entertained. It is, I understand, only a “ballon d'essai.'

51. I am informed that considerable difficulty is likely to be experienced in "Comité de Révision in the proposals of obtaining the concurrence of the original the "Mixed Committee." The Creole organisers of the movement consider that the scheme does not go far enough and that, unless the Indian representation on the Council he restricted to a Communal basis the danger of Asiatic predominance will not be averted. There are also-us usual in political movements among coloured people- Comité many personal divisions and conflicts of interests among the members of the

"

de Révision The whole movement is chiefly engineered by a few ambitious persons who hope to become members of an enlarged Legislature, and I believe I am correct in saying that the vast majority of the population desire no alteration or serious modifi. cation of the existing form and nature of Government.

52. I am, of course, fully alive to the interest which would be evinced by the present Government of India in any legislation which would affect the political status or prospects of the Indians in Mauritius, and it is largely for that reason that I have thought it proper to lay before you-perhaps at undue length--the present situation in this Colony and the possibilities of political developinent.

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53. My own personal view is that the Mauritians as a whole are now fit to be entrusted with a greater measure of responsibility in the government of their country than they possess at present, and that a modification of the constitution on the lines proposed by Mr. E. Wood in regard to Jamaica might advantageously be adapted to this Colony. In any case I would be grateful for your guidance as to the attitude which you would desire me to adopt in the event of more rapid progress being made in the movement which forms the subject of this despatch.

16958/24.

No. 2.

I have, &c.,

HESKETH BELL.

Governor.

THE SECRETARY OF STATE to TUE GOVERNOR. [Answered by No. 3.]

(Confidential.)

SIR,

*

Downing Street, 29th May, 1924.

I HAVE the honour to acknowledge receipt of your Confidential despatch of the 28th February, with regard to the movement in progress in Mauritius with the object of bringing about a revision of the existing Constitution.

2. I have read your despatch with much interest, and it will prove useful as a summary of the existing position in the event of any strong demand being put forward ~ for an alteration in the Constitution.

3. If there is any general agitation in favour of reform expression will, no doubt, be given to it in due course by one or other of the Elected Members in the Council of Government. In that event, it would be proper for you to invite the Elected Members to propose a series of formal resolutions on the subject for debate in the Council, and to give an undertaking that the Report of the Debate will be forwarded to me with your comments and recommendations. It should be understood that in any such debate the Nominated Unofficial Members would be free to vote as they please, and you should furnish to me an analysis of the voting on each resolution, indicating the view taken by each Member of the Council.

4. Pending the subinission of formal resolutions of this nature, I do not propose to discuss in detail the possible changes in the Constitution. In this connection I enclose for your information a copy of the Order in Council of the 19th of December, 1923,† under which the reformed Legislative Council of Ceylon will shortly be constituted. While regard must necessarily be had to local circumstances and aspirations, the Order in Council will, no doubt, prove useful to you as an indication of the directions in which advance might be made.

5. Any revision of the Mauritius Constitution would, no doubt, involve an increase in the number of Elected Members, and some reduction in the number of Nominated Members, both official and unofficial. In Ceylon, apart from the temporary representa- tion of certain communities, the number of Nominated Unofficial Members has been reduced to three, and it is intended to appoint to these seats gentlemen whose presence in the Council is considered to be in the interests of the Colony generally. These Nominated Members are free to vote in the Legislative Council as they think proper, and a similar arrangement would no doubt apply in the case of any revision of the Constitution of Mauritius.

6. Where the Government is placed distinctly in the minority in the Legislative Council, it is essential, in the absence of complete self-government, that some provision should exist to enable the Governor to carry measures which he considers vital. Such provision is made in Clause 54 of the Ceylon Order in Council, under which, if the Governor is of opinion that the passing of any resolution, vote, &c., is of paramount importance to the public interest, he may make a declaration accordingly, and in any such case only the votes of the Official Members shall be taken into consideration, the vote being deemed to have been passed by the Council if the majority of the votes of the Official Members are recorded in favour of it. It is impossible to define in advance

paramount importance.' the nature of the questions which can be considered to be of “* Any such definition would be not only undesirable, but would be likely to be dangerous, and the decision must, in each case, he left to the Governor, who is, under Clause 55 of the Ceylon Order in Council, bound to justify his action to the satisfaction of the Secretary of State.

* No. 1.

+ See Appendix 2 in Essern No. 140.

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