AN AUTOBIOGRAPHY OR The story of my experiments with truth (15 page)

The petition was at last submitted. A thousand copies had been printed for circulation and distribution. It acquainted the Indian public for the first time with conditions in Natal. I sent copies to all the newspapers and publicists I knew.

The Times of Inida, in a leading article on the petition, strongly supported the Indian demands. Copies were sent to journals and publicists in England representing different parties. The London Times supported our claims, and we began to entertain hopes of the Bill being vetoed.

It was now impossible for me to leave Natal. The Indian friends surrounded me on all sides and importuned me to remain there permanently. I expressed my difficulties. I had made up my mind not to stay at public expense. I felt it necessary to set up an independent household. I thought that the house should be good and situated in a good locality of the community, unless I lived in a style usual for barristers. And it seemed to me to be impossible to run such a household with anything less than 300 a year. I therefore decided that I could stay only if the members of the community guaranteed legal work to the extent of that minimum, and I communicated my decision to them.

'But,' said they, 'we should like you to draw that amount for public work, and we can easily collect it. Of course this is apart from the fees you must charge for private legal work.'

'No, I could not thus charge you for public work,' said I. 'The work would not involve the exercise on my part of much skill as barrister. My work would be mainly to make you all work. And how could I charge you for that? And then I should have to appeal to you frequently for funds for the work, and if I were to draw my maintenance from you, I should find myself at a disadvantage in making an appeal for large amounts, and we should ultimately find ourselves at a standstill. Besides I want the community to find more than 300 annually for public work.'

'But we have now known you for some time, and are sure you would not draw anything you do not need. And if we wanted you to stay here, should we not find your expenses?'

'It is your love and present enthusiasm that make you talk like this. How can we be sure that this love and enthusiasm will endure for ever? And as your friend and servant, I should occasionally have to say hard things to you. Heaven only knows whether I should then retain your affection. But the fact is that I must not accept any salary for public work. It is enough for me that you should all agree to entrust me with your legal work. Even that may be hard for you. For one thing I am not a white barrister. How can I be sure that the court will respond to me? Nor can I be sure how I shall fare as a lawyer. So even in giving me retainers you may be running some risk. I should regard even the fact of your giving them to me as the reward of my public work.'

The upshot of this discussion was that about twenty merchants gave me retainers for one year for their legal work. Besides this, Dada Abdulla purchased me the necessary furniture in lieu of a purse he had intended to give me on my departure,

Thus I settled in Natal.

Chapter 43 NATAL INDIAN CONGRESS

Xractice as a lawyer was and remained for me a subordinate occupation. It was necessary that I

should concentrate on public work to justify my stay in Natal. The despatch of the petition regarding the disfranchising bill was not sufficient in itself. Sustained agitation was essential for making an impression on the Secretary of State for the Colonies. For this purpose it was thought necessary to bring into being a permanent organization. So I consulted Sheth Abdulla and other friends, and we all decided to have a public organization of a permanent character.

To find out a name to be given to the new organization perplexed me sorely. It was not to identify itself with any particular party. The name 'Congress', I knew, was in bad odour with the Conservatives in England, and yet the Congress was the very life of India. I wanted to popularize it in Natal. It savoured of cowardice to hesitate to adopt the name. Therefore, with full explanation of my reasons, I recommended that the organization should be called the Natal Indian Congress, and on the 22nd May the Natal Indian Congress came into being.

Dada Abdulla's spacious room was packed to the full on that day. The Congress received the enthusiastic approval of all present. Its constitution was simple, the subscription was heavy. Only he who paid five shillings monthly could be a member. The well-to-do classes were persuaded to subscribe as much as they could. Abdulla Sheth also put the list with £ 2 per month. Two other friends also put down the same. I thought I should not stint my subscription, and put down a pound per month. This was for me beyond my means, if at all I was to pay my way. And God helped me. We thus got a considerable number of members who subscribed £ 1 per month. The number of those who put down 10s. was even larger. Besides this, there were donations which were gratefully accepted.

Experience showed that no one paid his subscription for the mere asking. It was impossible to call frequently on members outside Durban. The enthusiasm of one moment seemed to wear

away the next. Even the members in Durban had to be considerably dunned before they would pay in their subscriptions.

The task of collecting subscriptions lay with me. I being the secretary. And we came to a stage when I had to keep my clerk engaged all day long in the work of collection. The man got tired of the job, and I felt that, if the situation was to be improved, the subscriptions should be made payable annually and not monthly, and that too strictly in advance. So I called a meeting of the Congress. Everyone welcomed the proposal for making the subscription annual instead of monthly and for fixing the minimum at £ 3. Thus the work of collection was considerably facilitated.

I had learnt at the outset not to carry on public work with borrowed money. One could rely on people's promises in most matters except in respect of money. I had never found people quick to pay the amounts they had undertaken to subscribe, and the Natal Indians were no exception to the rule. As, therefore, no work was done unless there were funds on hand, the Natal Indian Congress has never been in debt.

My co-workers evinced extraordinary enthusiasm in canvassing members. It was work which interested them and was at the same time an invaluable experience. Large numbers of people gladly came forward with cash subscriptions. Work in the distant villages of the interior was rather difficult. People did not know the nature of public work. And yet we had invitations to visit far away places, leading merchants of every place extending their hospitality.

On one occasion during this tour the situation was rather difficult. We expected our host to contribute £ 6, but he refused to give anything more than £ 3. If we had accepted that amount from him, others would have followed suit, and our collections would have been spoiled. It was a late hour of the night, and we were all hungry. But how could we dine without having first obtained the amount we were bent on getting? All persuasion was useless. The host seemed to be adamant. Other merchants in the town reasoned with him, and we all sat up throughout the night, he as well as we determined not to budge one inch. Most of my co-workers were burning with rage, but they contained themselves. At last, when day was already breaking, the host yielded, paid down £ 6 and feasted us. This happened at Tongaat, but the repercussion of the incident was felt as far as Stanger on the North Coast and Charelstown in the interior. It also hastened our work of collection.

But collecting funds was not the only thing to do. In fact I had long learnt the principle of never having more money at one's disposal than necessary.

Meetings used to be held once a month or even once a week if required. Minutes of the proceedings of the preceding meeting would be read, and all sorts of questions would be discussed. People had no experience of taking part in public discussion or of speaking briefly and to the point. Everyone hesitated to stand up to speak. I explained to them. They realized that it was an education for them, and many who had never been accustomed to speaking before an audience soon acquired the habit of thinking and speaking publicly about matters of public interest.

Knowing that in public work minor expenses at times absorbed large amounts, I had decided not to have even the receipt books printed in the beginning. I had a cyclostyle machine in my office, on which I took copies of receipt and reports. Such things I began to get printed only when the Congress coffers were full, and when the number of members and work had increased. Such economy is essential for every organization, and yet I know that it is not always exercised. That is why I have thought it proper to enter into these little details of the beginnings of a small but growing organization.

People never cared to have receipts for the amounts they paid, but we always insisted on the receipts being given. Every pie was thus clearly accounted for, and I dare say the account books for the year 1894 can be found intact even today in the records of Natal Indian Congress. Carefully kept accounts are a sine qua non for any organization. Without them it falls into disrepute. Without properly kept accounts it is impossible to maintain truth in its pristine purity.

Another feature of the Congress was service of Colonial-born educated Indians. The Colonial-born Indian Educational Association was founded under the auspices of the Congress. The members consisted mostly of these educated youths. They had to pay a nominal subscription. The Association served to ventilate their needs and grievances, to stimulate thought amongst them, to bring them into touch with Indian merchants and also to afford them scope for service of the community. It was a sort of debating society. The members met regularly and spoke or read papers on different subjects. A small library was also opened in connection with the Association.

The third feature of the Congress was propaganda. This consisted in acquainting the English in South Africa and England and people in India with the real state of things in Natal. With that end in view I wrote two pamphlets. The first was An Appeal to Every Briton in South Africa. It contained a statement, supported by evidence, of the general condition of Natal Indians. The other was entitled The Indian Franchise An Appeal. It contained a brief history of the Indian franchise in Natal with facts and figures. I had devoted considerable labour and study to the preparation of these pamphlets, and the result was widely circulated.

All this activity resulted in winning the Indians numerous friends in South Africa and in obtaining the active sympathy of all parties in India. It also opened out and placed before the South African Indians a definite line of action.

Chapter 44 COLOUR BAR

1 he symbol of a Court of justice is pair of scales held evenly by an impartial and blind but

sagacious woman. Fate has purposely made her blind, in order that she may not judge a person from his exterior but from his intrinsic worth. But the Law Society of natal set out to persuade the Supreme Court to act in contravention of this principle and to belie its symbol.

I applied for admission as an advocate of the Supreme Court. I held a certificate of admission from the Bombay High Court. The English certificate I had to deposit with the Bombay High Court when I was enrolled there. It was necessary to attach two certificates of character to the application for admission, and thinking that these would carry more weight if given by Europeans, I secured them from two well-known European merchants whom I knew through Sheth Abdulla. The application had to be presented through a member of the bar, and as a rule the Attorney General presented such applications without fees. Mr. Escombe, who, as we have seen, was legal adviser to Messrs. Dada Abdulla & Co, was the Attorney General. I called on him, and he willingly consented to present my application.

The Law Society now sprang a surprise on me by serving me with a notice opposing my application for admission. One of their objections was that the original English certificate was not attached to my application. But the main objection was that, when the regulations regarding admission of advocates were made, the possibility of a coloured man applying could not have been contemplated. Natal owed its growth to European enterprise, and therefore it was

necessary that the European element should predominate in the bar. If coloured people were admitted, they might gradually outnumber the Europeans, and the bulwark of their protection would breakdown.

The Law Society had engaged a distinguished lawyer to support their opposition. As he too was connected with Dada Abdulla & Co, he sent me word through Sheth Abdulla to go and see him. He talked with me quite frankly, and inquired about my antecedents, which I gave. Then he said:

'I have nothing to say against you. I was only afraid lest you should be some Colonial-born adventurer. And the fact that your application was unaccompanied by the original certificate supported my suspicion. There have been men who have made use of diplomas which did not belong to them. The certificates of character from European traders you have submitted have no value for me. What do they know about you? What can be the extent of their acquaintance with you?

'But,' said I, 'everyone here is a stranger to me. Even Sheth Abdulla first came to know me here.'

'But then you say he belongs to the same place as you? It your father was Prime Minister there, Sheth Abdulla is bound to know your family, if you were to produce his affidavit, I should have absolutely no objection. I would then gladly communicate to the Law Society my inability to oppose your application.'

This talk enraged me, but I restrained my feelings. 'If I had attached Dada Abdulla's certificate.' said I to myself, 'it would have been rejected, and they would have asked for Europeans' certificates. And what has my admission as advocate to do with my birth and my antecedents? How could my birth, whether humble or objectionable, be used against me?' But I contained myself and quietly replied: continue from here

'Though I do not admit that the Law Society has any authority to require all these details, I am quite prepared to present the affidavit you desire.'