The most important phase of the war was over in 1900. Ladysmith Kimberley and Mafeking had been relieved. General Cronje had surrendered at Paardeburg. Parts of the British colonies occupied by the Boers had been wrested from their hands and Lord Kitchener had conquered the Transvaal and the Orange Free State. Only guerilla warfare was left.
I thought that my work in South Africa was now over. I had stayed there six years instead of one month as originally intended. The outlines of the work before us were fairly fixed. Still I could not leave South Africa without the willing consent of the Indian community. I informed my colleagues that I intended taking up public work in India. I had learnt in South Africa the lesson of service instead of self-interest, and was longing for opportunities of such work. Shri Mansukhlal Nazar was there and so was Mr. Khan. Some Indian youths bred in South Africa had returned from England as barristers. In these circumstances, it would not be improper if I returned to India. When I had urged all these arguments, I was permitted to return only on the condition that if an unexpected situation arose in South Africa requiring my presence there, the community might recall me any day and I should at once go back. They undertook in such a case to bear my travelling expenses and the expenses incurred during my stay in South Africa. I agreed to this arrangement and returned to India.
I decided to practice in Bombay as a barrister, primarily with a view to public work under the advice and guidance of Gokhale and secondarily in order to make a living for myself side by side with public work. I rented chambers accordingly and began to get some work. Thanks to my close connection with South Africa, clients who had returned from that country alone gave me work which more than sufficed for my necessities. But peace was never to be my portion in this life. I had been in Bombay hardly three or four months when I received an urgent cablegram from South Africa stating that the situation there was serious, that Mr. Chamberlain was expected shortly, and that my presence was necessary.
I wound up my Bombay office and house and started for South Africa by the first available steamer. This was near the end of 1902. I had returned to India towards the close of 1901 and had opened my office at Bombay about March 1902. The cablegram did not contain full details. I guessed that there was trouble in the Transvaal. But I went to South Africa without my family as I thought I would be able to return to India in four or six months. I was however simply amazed when I reached Durban and heard everything. Many of us had hoped that the position of Indians throughout South Africa would improve after the war. We did not anticipate trouble in the Transvaal and the Free State at any rate, as Lord Lansdowne, Lord Selborne and other high functionaries had declared when the war broke out that the treatment accorded to the Indians by the Boers was one treatment accorded to the Indians by the Boers was one of the cases of the war. The British Agent at Pretoria had often told me that if the Transvaal became a British Colony, all the grievances under which the Indians labored would be instantly redressed. The Europeans too believed that as the Transvaal was now under the British flag, the old laws of the Boer republic directed against the Indians could not be enforced. This principle was so widely accepted that the auctioneers who before the war did not accept bids from Indians for the purchase of land now openly accepted such bids. Many Indians thus purchased lands at public auctions, but when they tendered the deeds of transfer to the revenue officer for registration, the officer in charge refused to register the deeds quoting Act 3 of 1885! All this I learnt on landing at Durban. The readers said that Mr. Chamberlain would first come to Durban and we must first acquaint him with the situation in Natal. This done, I was to follow him to the Transvaal.
A deputation waited upon Mr. Chamberlain in Natal. He gave it a courteous hearing and promised to confer with the Natal government on the subject of its representations. Personally I did not expect that the laws which I had been promulgated in Natal before the war would be modified very soon. These laws have already been described in a previous chapter.
As the reader is aware, any Indian could at any time the that enter the Transvaal before the war. I observed that this was not the case now any longer. The restrictions however, equally applied to all Europeans as well as Indians. The condition of the country was still such, that if a large number of people entered the Transvaal all at once, there would not be sufficient food and clothing to go round, as all the shops had not reopened after the war. The goods stocked in shops been unceremoniously appropriated by the late Boer Government. I therefore thought, that if the restrictions were only temporary, there was no reason for aaprehension. But then there was a difference in the procedure by which a European and an Indian could obtain a permit, and this afforded ground for misgiving and alarm. Permit offices were opened in the various ports of South Africa. For all practical purposes a European could obtain permit for the mere asking, while an Asiatic Department was created in the Transvaal for dealing with Indians. The creation of this special department was a new departure. Indians were required to apply to the head of that department in the first instance. After he had granted their applications in the first instance. After he had granted their applications, they could generally obtain permits at Durban or any other port.
If I had to go through all these formalities there was no hope of my getting a permit before Mr. Chamberlain left the Transvaal. The Indians in the Transvaal could not procure a permit for me. It was more than they could do. They had therefore relied upon my connections in Durban for obtaining a permit for me. I did not know the permit officer, but as I knew the Police Superintendent of Durban, I asked him to accompany me to the permit office. He consented and gave the necessary assurances. I obtained a permit on the strength of the fact that I had stayed in the Transvaal for a year in 1893 and thus reached Pretoria.
The atmosphere in Pretoria was decidedly ominous. I could see that the Asiatic Department was merely a frightful engine of oppression for the Indians. The officers in charge were some of the adventures who had accompanied the army from India to South Africa during the war and had settled there in order to try their luck. Some of them were corrupt. Two officers were even prosecuted for bribery. The jury declared them not guilty, but as really there was no doubt entertained as to their guilt, they were subsequently dismissed from service. Partiality was the order of the day. When a separate department is thus created and when restricting existing rights is the sole reason for its existence, officers are naturally inclined to devise fresh restrictions from time to time in order to justify their existence and in order to show that they are efficient in the discharge of their duties. This is exactly what happened in the present case.
I saw that I had to begin my work from the very beginning. The Asiatic Department could not at once make out how I had managed to enter the Transvaal. They did not venture to ask me directly. I imagine they thought me above smuggling myself in to the country. They indirectly obtained information as to how I secured a permit. A deputation from Pretoria prepared to wait upon Mr. Chamberlain. I drafted the memorial for submission to him but the Asiatic Department excluded me from the deputation. I drafted the memorial for submission to him but the Asiatic Department excluded me from the deputation. It appeared to the Indian leaders that they should not see Mr. Chamberlain if I was prevented from going with them. But I did not countenance this idea. I said that I should not mind the insult to me and advised them to ignore it too. The memorial was there and it was essential that itI should be presented to Mr. Chamberlain. Mr. George Godfrey, an Indian barrister, who was present at the time, was charged with the task of reading the memorial. The deputation waited upon Mr.R Chamberlain. My name being mentioned in course of the interview he said, “I have already seen Mr. Gandhi in Durban. I therefore refused to see him here, in order that I might learn about the situation in the Transvaal at first hand from local residents.” In my view this remark only added fuel to the fire. Mr. Chamberlain spoke out as he had been tutored by the Asiatic Department, which thus tried to import into the Transvaal the atmosphere which pervades India. Everyone knows how British officers consider Bombay men as foreigners, in, say, Champaran. At that rate how could I who lived in Durban know anything about the situation in the Transvaal? Thus did the Asiatic Department coach Mr. Chamberlain. Little did he know that I had lived in the Transvaal, and that even if I had not, I was fully conversant with the Indian situation there. There was only one pertinent question in the present case: Who possessed the best knowledge of the situation in the Transvaal? The Indians had already answered it for themselves by asking me to go there all the way from India. But it is no new experience to find that arguments based on reason do not always appeal to men in authority. Mr. Chamberlain was then so much under the influence of the men on the spot and so anxious was he to humour the Europeans that there was little or no hope of his doing us justice. Still the deputation waited upon him, only in order that no legitimate step for obtaining redress might be omitted whether by oversight or through a sense of wounded self-respect.
I was now confronted by a dilemma even more difficult than the one which faced me in 1894. From one standpoint, it seemed I could return to India as soon as Mr. Chamberlain left in South Africa. On the other hand I could clearly see that if I returned with the vain fancy of serving on a larger field in India while I was fully aware of the great danger which started the South African Indians in the face, the spirit of service which I had acquired would be stultified. I thought that even if that meant living in South Africa all my life, I must remain there until the gathering clouds were dispersed or until they broke upon and swept us all away, all our counteracting efforts notwithstanding. This is how I spoke to the Indian leaders. Now, as in 1894, I declared my intention to maintain myself be legal practice. As for community, this was precisely what they wanted.
I soon applied for admission to practice in the Transvaal. There was some apprehension that the Law Society here too would oppose my application, but it proved here groundless. I was enrolled as an attorney of the Supreme Court, and opened an office in Johannesburg. Of all places in the Transvaal, Johannesburg had the largest population of Indians and was therefore well suited for me to settle in, from the standpoint of public work as well as of my own maintenances. I was daily gaining bitter experience of the corruptness of the Asiatic Department, and the best efforts of the Transvaal British Indian Association were directed to finding a remedy for this disease. The repeal of Act 3 of 1885 now receded in the background as a distant objective. The immediate aim was limited to saving ourselves from the on-rushing flood in the shape of this Asiatic Department. Indian deputations waited Lord Milner, upon Lord Selborne who had come there, upon Sir Arthur Lawley who was the Lieutenant Governor of the Transvaal and who subsequently became Governor of Madras, and upon officers of lesser dignity. I often used to see Government officers. We obtained some slight relief here and there, but it was all patchwork. We used to receive some such satisfaction as is experienced by a man who has been deprived of his all by robbers and who by beseeching the robbers induces them to return something of very small value. It was in consequence of this agitation that the officers whose dismissal I have referred to above were prosecuted. Our misgivings as regards the restrictions on Indian immigration proved correct. Permits were no longer required from Europeans, while they continued to be demanded from Indians. The late Boer Government never strictly enforced their drastic anti Asiatic legislation, not because they were generous but because their administration was lax. A good officer has not under the British Government as much scope for the exercise of his goodness as he had under the Boer regime. The British Constitution is old and stereotyped and officers under it have to work like machines. Their liberty o f action is restricted by a system of progressive checks. Uunder the British Constitution, therefore, if the policy of the Government is liberal, the subjects receive the utmost advantage of it s liberality. On the other hand if their policy is oppressive or niggardly, the subjects feel the maximum weight of their heavy hand. The reverse is the case under constitutions such as that of the late Boer republic. Whether or not the subjects reap full advantage from a liberal law largely depends upon the officers who are charged with charged with its administration. Thus, when British power was established in the Transvaal, all laws adversely affecting the Indians began to be more and more strictly enforced day by day. Loopholes, whether they existed, were carefully closed. We have already seen that the Asiatic Department was bound to be harsh in its operations. The repeal was bound to be harsh in its operations. The repeal of the old laws was therefore out of the question. It only remained for the Indians to try and see how their rigours might be mitigated in practice.
Our principle must be discussed sooner or later, and if we discuss it at this stage, it will perhaps facilities and understanding of the Indian point of view and of the situation as it developed hereafter. Soon after the establishment of British rule in the Transvaal and the Free State, Lord Milner appointed a committee whose terms of reference were to prepare a list of such of the old laws of both the republics as placed restrictions on the liberty of the subjects or were opposed to the spirit of the British Constitution. The anti-Indian laws could clearly have been included in this description. But Lord Milner’s object in appointing the committee was not to redress the grievances of Indians but those of Britishers. He wanted to repeal at the earliest opportunity those laws which indirectly pressed hard upon Britishers. The committee submitted their report in a very short time, and many acts, large and small which affected Britishers prejudicially, were, it can be said, repealed by a smoke of the pen.
The same committee prepared a list of anti-Indian acts. There were published in the form of a book, which served as a handy manual easily used or from our standpoint abused by the Asiatic Department.
Now, if the anti Indian laws did not mention the Indians by name and were not thus made expressly applicable to them alone but to all subjects, and if their enforcement had been left to the discretion of administrators; or had the laws imposed general restrictions which could have been enforced against Indians in a specially rigorous manner, the object of the legislators would all the same have been achieved by such laws, and yet the laws would have been general laws. None would have felt insulted by their enactment, and when the existing bitterness was softened by time, there would be no need to modify the laws, but only a more liberal administration of the laws would have sufficed to relieve the aggrieved community. Just as I have called laws of the second kind general laws, those of the first kind can be described as particular or racial, and establish what is known as the ‘colour bar’, as on the specific ground of colour they impose greater restrictions on members of the dark or brown races than on Europeans.
To take one instance from the laws which were already in force. The reader will remember that the first disfranchising Act, which was enacted in Natal but was subsequently disallowed by the Imperial Government provided for the disqualifications as voters of all Asiatics as such. Now if such a law were to be altered public opinion should be faor educated that the majority be not only not hostile but actually friendly to Asiatics. The colour bar it set up could only be removed when such cordial feelings were established. This is an illustration of racial or class legislation. The act referred to was withdrawn and a second was enacted in its place which nearly achieved an identical object yet was of a general nature, the sting of racial distribution being removed. The substance of one of its clauses is as follows: ‘No person can be placed on the voters’ roll in Natal who is a native of countries which have not hitherto possessed elective representative institutions based on the parliamentary franchise.’ No reference is made here to Indians or Asiatics. The opinions of counsels could differ as to whether or not India possesses representative institutions based on the parliamentary franchise. But assuming for the sake of argument that India did not in 1894 and does not even now enjoy the parliamentary franchise, no one can say off hand that the officer in charge of voters’ lists in Natal has done an illegal act if he includes the names of Indians in the lists. There is always a general presumption in favour of the right of the subject. So long therefore as the government of the dat dies bit become positively hostile, the names of Indians and others could be included in the electoral roll, the above law notwithstanding. That is to say, if the dislike for Indians became less marked and if the local Government was unwilling to injure the Indians, their names could be entered in the voters’ lists without the slightest modification of the law. This is the advantage of a general law. Other instances of the same kind can be cited from among the laws in force in South Africa, which have been referred to in previous chapters. The wise policy, therefore, is to enact as little class legislation as possible; and it would be wiser still to avoid it altogether. Once law is enacted, many difficulties must be encountered before it can be reversed. It is only when public opinion is highly educated that the laws in force in a country can be repealed. A constitution under which laws are modified or repealed every now and then cannot be said to be stable or well organized.
We can now better appreciate the poison, which was present in the anti-Asiatic laws in the Transvaal. They were all racial in character. The Asiatics as much could not vote; nor could they own land outside the locations set apart for them by the Government. The administrations could do nothing for the Indians so long as thesre laws were not removed from the statute-book. Lord Milner’s committee could make a separate list of such laws only as were not general in character. Had they been general laws, all laws, enforced only against the Asiatics though not expressly directed against them, would have been repealed along with the rest. The officers in charge could never have argued their helplessness and said that they had no alternative but to enforce the laws so long as the new legislatures did not abrogate them.
When these laws passed into the hands of the Asiatic Ddepartment it began to enforce them strictly. If the laws were at all worthy of being enforced, Government must arm itself with further powers in order to close the loopholes intentionally kept or left by inadvertence in favour of Asiatics. This looks quite simple and straight. Either the laws are bad in which case they should be repealed, or they are proper in which case their deficiencies should be remedies. The ministers had adopted the policy of enforcing the laws. The Indians had stood shoulder to shoulder with the British and risked their lives during the late war, but that was now a story three or four years old. The British Agent at Pretoria had put up a fight on behalf oif the Indians, but that was during the old regime. The grievances of the Indians figured as one of the declared causes of the war, but that declaration was made by short-sighted statesmen who had no knowledge of local conditions. The local officials clearly observed that the anti-Asiatic laws enacted by the late Boer Government were neither adequately severe nor systematic. If the Indians could enter the Transvaal at will and carry on trade wherever they choose, British traders would suffer great loss. All these and similar arguments carried greater weight with the Europeans and their representatives in the ministry. They were all out to amass the maximum of wealth in a minimum of time; how could they stand the Indians becoming co-sharers with them? Hypocrisy pressed political theory into service in order to make out a plausible case. A barefaced selfish or mercantile argument would not satisfy the intelligent Europeans of South Africa. The human intellect delights in inventing specious arguments in order to support injustice itself, and the South African Europeans were no exception to this general rule. These were the arguments advanced by General Smuts and others:
“South Africa is a representative of Western civilization while India is the centre of Oriental culture. Thinkers of the present generation hold that these two civilizations cannot go together. If nations representing these rival cultures meet even in small groups, the result will only be an explosion. The West is opposed to simplicity while Orientals consider that virtue to be of primary importance. How can these opposite views be reconciled? It is not the business of statesmen, practical men as they are, to adjudicate upon their relative merits. Western civilization may or may not be good, but Westerners wish to stick to it. They have made tireless endeavours to save that civilization. They have shed rivers of blood for its sake. They have suffered great hardships in its cause. It is therefore too late for them now to chalk out a new path for themselves. Thus considered, the Indian question cannot be resolved into one trade jealously or race hatred. The problem is simply one of preserving one’s own civilization, that is of enjoying the supreme right of self-preservation and discharging the corresponding duty. Some public speakers may like to inflame the Europeans by finding fault with Indians, but political thinkers believe and say that the very qualities of Indians count for defects in South Africa. The Indians are disliked in South Africa for their simplicity, patience, perseverance, frugality and other worldliness. Westerners are enterprising, impatient, engrossed in multiplying their material wants and in satisfying them, fond of good cheer, anxious to save physical labour and prodigal in habits. They are therefore afraid that if thousands of Orientals settled in South Africa are, the Westerners must go to the wall. Westerners in South Africa are not prepared to commit suicide and their leaders will not permit them to be reduced to such straits.”
I believe I have impartially recapitulated the arguments urged by men of the highest character among the Europeans. I have characterized their arguments as pseudo-philosophical, but I do not thereby wish to suggest that they are groundless. From a practical point of view, that is to say, from the standpoint of immediate self-interest they have much force. But form the philosophical point of view, they are hypocrisy pure and simple. In my humble opinion, no impartial person could accept such conclusions and no reformer would place his civilization in the position of helplessness in which those who urge these arguments have placed theirs. So far as I am aware, no Eastern thinker fears that if Western nations came in free contact with Orientals, Oriental culture would be swept away like sand by the onrushing tide of Western civilization. So far as I have a grasp of Eastern thought it seems to me that Oriental civilization not only does not fear but would positively welcome free contact with Western civilization. If contrary instances can be met with in the East, they do not affect the principle I have laid down, for a number of illustrations can be citied in its support. However that may be, Western thinkers claim that the foundation of Western civilization is the predominance of might over right. Therefore it is that the protagonists of that civilization devote most of their time to the conservation of brute force. These thinkers likewise assert that the nations which do not increase their material wants are doomed to destruction. It is in pursuance of these principles that Western nations have settled in South Africa and subdued the numerically overwhelmingly superior races of South Africa. It is absurd to imagine that they would fear the harmless population of India. The best proof of the statement that the Europeans have nothing to fear from the Asiatics is provided by the fact that had the Indians continued to work in South Africa for all time as mere laborers, no agitation would have been started against Indians immigration.
The only remaining factors are trade and colour. Thousands of Europeans have admitted in their writings that trade by Indians hits petty British traders hard, and that the dislike of the brown races has at present become part and parcel of the mentality of Europeans. Even in the United States of America, where the principle of statuary equality has been established, a man lie Booker T. Washington who has received the best Western education, is a Christian of high character and has fully assimilated W=western civilization, was not considered fit for admission to the court of President Roosevelt, and probably would not to be so considered even today. The Negroes of the United States have accepted Western civilization. They have embraced Christianity. But the black pigment of their skin constitutes their crime, and if in the Northern States they are socially despised, they are lynched in the southern States on the slightest suspicion of wrongdoing.
The reader will thus see that there is not much substance in the ‘philosophical’ arguments discussed above. But he must not therefore conclude that all those who urge them do so in a hypocritical spirit. Many of them honestly hold these views to be sound. It is possible that if we were placed in their position, we too would advance similar arguments. We have a saying in India that as is a man’s conduct, such is his understanding. Who is there but has observed that our arguments are but a reflection of our mentality, and that if they do not commend themselves to others, we become dissatisfied, impatient and even indignant?
I have deliberately discussed this question with much minuteness, as I wish the reader to understand different points of view and in order that the reader, who has so far not done so, may acquire the habit of appreciating and respecting varieties of standpoint. Such large-mindedness and such patience are essential to the understanding of Satyagraha and above all to its practice. Satyagraha is impossible in the absence of these qualities. I do not write this book merely for the writing of it. Nor is it my object to place one phase of the history of South Africa before the public. My object in writing the present volume is that the nation might know how Satyagraha, for which I live, for which I desire to live and for which I believe I am equally prepared to die, originated and how it was practisced on a large scale; and knowing this, it may understand and carry itI tout to the extent that it is willing and able to do so.
To resume our narrative. We have seen that the British administrators decided to prevent fresh Indian immigrants from entering the Transvaal, and to render the position of the old Indian settlers so uncomfortable that they would feel compelled to leave the country in sheer disgust, and even if they did not leave it, they would be reduced to a state bordering on serfdom. Some men looked upon as great statesmen in South Africa had declared more than once that they could afford to keep the Indians only as hewers of wood and drawers of water. On the staff of the Asiatic Department was among others Mr. Lionelr Curtis who is now known to fame as the missionary for diarchy in India. This young man, as he then was, enjoyed the confidence of Lord Milner. He claimed to do everything according to scientific method, but he was capable of committing serious blunders. The Municipality of Johannesburg had suffered a loss of 14,000 pound in consequence of one such blunder committed by him. He suggested that if fresh Indian immigration was to be stopped, the first step to be taken to that end was the effective registration of the old Indian residents in South Africa. That done, no one could smuggle himself into the country by practiscing personation, and if anyone did, he could be easily detected. The permits which were issued to Indians after the establishment of British rule in the Transvaal contained the signature of the holder or his thumb-impression if he was illiterate. Later on someone suggested the inclusion besides of a photograph of the holder, and this suggestion was carried out by administrative action, legislation being unnecessary. The Indian leaders therefore did not come to know of this innovation at once. When in course of time these novel features came to their notice, they sent memorials to the authorities, and waited upon them in deputations on behalf of the community. The official argument was that Government could not permit Indians to enter the country without regulation of some sort, and that therefore all Indians should provide themselves with uniform permits containing such details as might render it impossible for anyone but the rightful holders to enter the country. It was my opinion that although we were not bound by law to take out such permits, the Government could insist on requiring them so long as the Peace preservation Ordinance was in force. The Peace Preservation Ordinance in South Africa was something like the Defence of India Act in India. Just as the Defence of India Act was kept on the statute-book in India longer than necessary in order to harass the people, so was this ordinance allowed to remain in force long after the necessity for it had passed in order to harass Indians in South Africa. As for the Europeans, it was a dead letter for all practical purposes. Now if permits must be taken out, they should contain some mark of identification. There was nothing wrong therefore that those who were illiterate should allow their thumb-impression to be taken. I did not at all like the inclusion of photographs in the permits. Musalmans again had religious objections to such a course.
The final upshot of the negotiations between the Indian community and the authorities was that the Indians consented to change their permits for new once and agreed that fresh Indian immigrants should take out permits in the new form. Although the Indians were not bound in law, they voluntarily agreed to re-registration in the hope that new restrictions might not be imposed upon them, it might be clear to all concerned that the Indians did not wish to bring in fresh immigrants by unfair means, and the Peace Preservation Ordinance might no longer be used to harass new-comers. Almost all Indians thus changed their old permits for new once. This was no small thing. The community completed like one man with the greatest promptitude this re-registration, which they were not legally bound to carry out. This was a proof of their veracity, tact, large-mindedness, commonsense and humility. It also showed that the community had no desire to violate in any way any law in force in the Transvaal. The Indians believed that if they behaved towards the Government with such courtesy, it would treat them well, show regard to them and confer fresh rights upon them. We shall see in the next chapter how the British government in the Transvaal rewarded them for this great aft of courtesy.