As soon as we handed at Cape Town, and more so when we
reached Johannesburg, we saw that we had overrated the Madeira cablegram.
Mr Ritch who sent it was not responsible for this. He cabled only what
he had heard about the measure being disallowed. As we have already observed,
the Transvaal was then, that is to say in 1906, a Crown colony. Crown
Colonies are represented in England by agents one of whose duties it is
to instruct the Secretary of State for the Colonies in all matters affected
Colonial interests. The Transvaal was then represented by Sir Richard
Solomon, the noted lawyer of South Africa. Lord Elgin had disallowed the
Black Act in consultation with him. Responsible government was to be conferred
on the Transvaal on January 1, 1907. Lord Elgin therefore assured Sir
Richard that if an identical measure was passed by the Transvaal legislature
constituted after the grant of responsible government, it would not be
refused the royal assent. But so long as the Transvaal was a Crown Colony,
the Imperial Government would be held directly responsible for such class
legislation, and as racial discrimination was a departure from the fundamental
principles of the British Empire, he could not but advise His Majesty
to disallow the measure in question.
If the measure was to be thus disallowed only in name and if the Transvaal
Europeans could at the same time have their own way, Sir Richard Solomon
had no reason to object to such an excellent arrangement. I have characterized
this as crooked policy, but I believe it could be given a still harsher
name with perfect justice. The Imperial Government is directly responsible
for the legislation of Crown Colonies, and there is no place in its constitution
for discrimination on the ground of race or colour. So far so good. One
can also understand that the imperial Government could not all at once
disallow measures passed by the legislatures of Colonies enjoying responsible
government. But to hold private conferences with Colonial agents and in
advance to promise the royal assent to legislation which is in open violation
of the Imperial Constitution, what is this if it is not a breach of faith
and an injustice to those whose rights are thus pilfered? Really speaking
Lord Elgin by his assurance encouraged the Transvaal Europeans in their
anti Indian activities. If he wanted to do this, he ought to have told
the Indian deputation so in plain terms. As a matter of fact the Empire
cannot escape responsibility even for the legislation of Colonies enjoying
responsible government. Even such Colonies are bound to accept the fundamental
principles of the British Constitution. As for example no such colony
can revive the institution of legalized slavery. If Lord Elgin disallowed
the Black Act because it was an improper piece of legislation, and he
could disallow it only on this ground, it was his clean duty privately
to have warned Sir Richard Solomon that the Transvaal could not enact
such an iniquitous law after the grant of responsible government, and
if it had any intention of doing so, the Imperial Government would be
constrained to reconsider the advisability of granting it and such superior
status. Or he should have told Sir Richard that responsible government
could be conferred only on the condition that the rights of the Indians
were fully safeguards. Instead of following such straightforward procedure,
Lord Elgin made an outward show of friendliness to the Indians, while
at the same time he really and secretly supported the Transvaal government
and encouraged it to pass once more the very law which he had vetoed himself.
This is not the only or the first case of such tortuous policy followed
by the British Empire. Even an indifferent student of its history will
easily recall similar incidents.
In Johannesburg, therefore, the sole topic of conversation was the trick
played upon us by Lord Elgin and the Imperial Government. Our disappointment
in South Africa was as deep as had been our joy in Madeira. Ye the immediate
became even more enthusiastic than before. Everyone said that we must
never fear as our struggle was independent of any help from the Imperial
Government. We must look for assistance only to our own selves and to
that God in Whose name we had pledged ourselves to resistance. And even
crooked policy would in time turn straight if only we were true to ourselves.
Responsible government was established in the Transvaal. The first measure
passed by the new Parliament was the budget; the second was the Asiatic
Registration Act, which was, except for an alteration in the date specified
in one of its clauses, which lapse of time made necessary, and exact replica
of the original Ordinance, and was rushed through all its stages at a
single sitting on March 21, 1907. The disallowance of the Ordinance, therefore,
was forgotten as if it was a dream. The Indians submitted memorials etc.,
as usual, but who would listen to them? The Act was proclaimed to take
effect from July 1, 1907 and Indians were called upon to apply for registration
under it before July 31. The delay in enforcing the Act was due not to
any desire to oblige the Indians, but to the exigencies of the case. Some
time must elapse before the formal sanction of the Crown to the measure
was signified, and the preparation of the forms set forth in schedules
and the opening of permit offices at various centres would also take time.
The delay therefore was intended solely for the Transvaal Government’s
own convenience.