APPENDIX I

THE SMUTS-GANDHI AGREEMENT, JUNE 30, 1914

(The agreement consists of a letter from E. M. Gorges, Secretary of the Ministry of the Interior, to Gandhiji on behalf of the Minister of the Interior, General J. C. Smuts, and the reply of Gandhiji)

Letter from E. M. Gorges to Gandhiji

Cape Town,
June 30, 1914

Dear Mr. Gandhi,

Adverting to the discussions you have lately had with General Smuts on the subject of the position of the Indian community in the Union, at the first of which you expressed yourself as satisfied with the provisions of the Indians` Relief Bill and accepted it as a definite settlement of the points, which required legislative action, at issue between that community and the Government; and at the second of which you submitted for the consideration of the Government a list of other matters requiring administrative action, over and above those specifically dealt with in that Bill; I am desired by General Smuts to state with reference to those matters that:

He sees no difficulty in arranging that the Protector of Indian Immigrants in Natal will in future issue to every Indian, who is subject to the provisions of Natal Act 17 of 1895, on completion of his period of indenture, or re-indenture, a certificate of discharge, free of charge, similar in form to that issued under the provisions of Section 106 of Natal Law No. 25 of 1891.
On the question of allowing existing plural wives and the children of such wives to join their husbands (or fathers) in South Africa, no difficulty will be raised by the Government if, on enquiry, it is found, as you stated, that the number is a very limited one.
In administering the provisions of Section (4) (1) (a) of the Union Immigrants` Regulation Act, No. 22 of 1913, the practice hitherto existing at the Cape will be continued in respect of South Africa-born Indians who seek to enter the Cape Province, so long as the movement of such persons to that Province assumes no greater dimensions than has been the case in the past; the Government, however, reserve the right, as soon as the number of such entrants sensibly increase, to apply the provisions of the Immigration Act.
In the case of the "specially exempted educated entrants into the Union" (i.e., the limited number who will be allowed by the Government to enter the Union each year for some purpose connected with the general welfare of the Indian community), the declarations to be made by such persons will not be required at Provincial borders, as the general declarations which are made in terms of Section 19 of the Immigrants` Regulation Act at the port of entry are sufficient.
Those Indians who have been admitted within the last three years, either to the Cape Province or Natal, after passing the education tests imposed by the Immigration Laws which were in force therein prior to the coming into effect of Act 22 of 1913, but who, by reason of the wording of Section 20 thereof, are not regarded as being "domiciled" in the sense in which that term is defined in the Section in question, shall, in the event of their absenting themselves temporarily from the Province in which they are lawfully resident, be treated, on their return, as if the term "domicile" as so defined did apply to them.
He will submit to the Minister of Justice the cases of those persons who have in the past been convicted of "bona fide passive resistance offences" (a term which is mutually understood) and that he anticipates no objection on Mr. De Wet`s part to the suggestion that convictions for such offences will not be used by the Government against such persons in the future.
A document will be issued to every "specially exempted educated entrant" who is passed by the Immigration Officers under the instructions of the Minister issued under Section 25 of Act No. 22 of 1913.
All the recommendations of the Indian Grievances Commission enumerated at the conclusion of their Report, which remain over and above the points dealt with in the Indians` Relief Bill, will be adopted by the Government; and subject to the stipulation contained in the last paragraph of this letter the necessary further action in regard to those matters will be issued without delay.

With regard to the administration of existing laws, the Minister desires me to say that it always has been and will continue to be the desire of the Government to see that they are administered in a just manner and with due regard to vested rights.

In conclusion, General Smuts desires me to say that it is, of course, understood, and he wishes no doubts on the subject to remain, that the placing of the Indians` Relief Bill on the Statute Book of the Union, coupled with the fulfilment of the assurances he is giving in this letter in regard to the other matters referred to herein, touched upon at the recent interviews, will constitute a complete and final settlement of the controversy which has unfortunately existed for so long, and will be unreservedly accepted as such by the Indian community.

I am, etc.,

E. M. Gorges

M. K. Gandhi, Esq.

Cape Town

Letter from Gandhiji to E. M. Gorges

Cape Town,
June 30, 1914

Dear Mr. Gorges,

I beg to acknowledge receipt of your letter of even date herewith setting forth the substance of the interview that General Smuts was pleased, notwithstanding many other pressing calls upon his time, to grant me on Saturday last. I feel deeply grateful for the patience and courtesy which the Minister showed during the discussion of the several points submitted by me.

The passing of the Indians` Relief Bill and this correspondence finally closes the passive resistance struggle which commenced in the September of 1906 and which to the Indian community cost much physical suffering and pecuniary loss and the Government much anxious thought and consideration.

As the Minister is aware, some of my countrymen have wished me to go further. They are dissatisfied that the trade licences laws of the different provinces, the Transvaal Gold Law, the Transvaal Townships Act, the Transvaal Law 3 of 1885 have not been altered, so as to give them full rights of residence, trade and ownership of land. Some of them are dissatisfied that full inter-provincial migration is not permitted, and some are dissatisfied that, on the marriage question, the Relief Bill goes no further than it does. They have asked me that all the above matters might be included in the passive resistance struggle. I have been unable to comply with their wishes. Whilst, therefore, they have not been included in the programme of passive resistance, it will not be denied that some day or other these matters will require further and sympathetic consideration by the Government. Complete satisfaction cannot be expected until full civic rights have been conceded to the resident Indian population. I have told my countrymen that they will have to exercise patience and by all honourable means at their disposal educate public opinion so as to enable the Government of the day to go further than the present correspondence does. I shall hope that, when the Europeans of South Africa fully appreciate the fact that now, as the importation of indentured labour from India is prohibited and as the Immigration Regulation Act of last year has in practice all but stopped further free Indian immigration and that my countrymen do not aspire to any political ambition, they, the Europeans, will see the justice and, indeed, the necessity of my countrymen being granted the rights I have just referred to.

Meanwhile, if the generous spirit that the Government have applied to the treatment of the problem during the past few months continues to be applied, as promised in your letter, in the administration of the existing laws, I am quite certain that the Indian community throughout the Union will be able to enjoy some measure of peace and never be a source of trouble to the Government.

I am,

Yours faithfully,

M. K. Gandhi

APPENDIX II

LETTER DATED JULY 7, 1914, FROM GANDHIJI TO E. M. GORGES

Phoenix,
Natal,
July 7, 1914

Dear Mr. Gorges,

I have now got a moment to submit my note upon the Gold Law. As you know, after maturer consideration, I refrained from pressing for the insertion of a special clause defining "vested rights" in connection with the Gold Law and Townships Amendment Act, because I felt that any definition in the correspondence might result in restricting the future action of my countrymen. However, so far as my interpretation of "vested rights" is concerned, I think that I shall reduce it to writing. General Smuts was good enough to say that he would endeavour to protect vested rights as defined by me. The following is the definition I submitted to Sir Benjamin Robertson, who, I understood, submitted it to General Smuts. My letter containing, among other matters, the definition, is dated the 4th March, 1914.⁽¹⁾

"By 'vested rights` I understand the right of an Indian and his successors to live and trade in the townships in which he was living and trading, no matter how often he shifts his residence or business from place to place in the same township." I am fortified in my interpretation by the answer given by Mr. Harcourt in connection with the matter, in the House of Commons, on the 27th June, 1911:

Complaints against that legislation (the Gold Law and Townships Amendment Act) have been made and are now being investigated by the Government of the Union of South Africa, who have lately stated that there is no intention of interfering with any business or right to carry on business acquired and exercised by Indians prior to the date of the legislation.

I have also now traced the note by Mr. de Villiers which I alluded to in our conversation. It is contained in a White Paper published in London in March, 1912, and has the following:

No right or privilege which a Coloured person has at the present time is taken away by the new Act (Act 35 of 1908).

And again,

Section 131, which, before the Bill was introduced into Parliament, formed the subject of questions in the English House of Commons and of despatches from the Secretary of State to the Governor, has been amended in Committee so as to safeguard any rights which a Coloured person may, at the present time, have of occupying land in mining areas.

Certainly, prior to the passing of the Gold Law, no restrictions were, to my knowledge, placed upon the movement or the trade of British Indians in the Gold Areas. There can, therefore, be no justification for any restriction now, especially in regard to those who are already settled in their respective townships.

I am,

Yours truly,

M. K. Gandhi

E. M. Gorges, Esq.

Pretoria

APPENDIX III

THE CAPE TOWN AGREEMENT, 1927

Joint Communique issued by the South African and Indian Governments, February 21, 1927

It was announced in April, 1926, that the Government of India and the Government of the Union of South Africa had agreed to hold a Round Table Conference to explore all possible methods of settling the Indian question in the Union in a manner which would safeguard the maintenance of Western standards of life in South Africa by just and legitimate means. The Conference assembled at Cape Town on December 17th and its session finished on January 12th. There was, in these meetings, a full and frank exchange of views which has resulted in a truer appreciation of mutual difficulties and a united understanding to cooperate in the solution of a common problem in a spirit of friendliness and goodwill.
Both Governments affirm their recognition of the right of South Africa to use all just and legitimate means for the maintenance of Western standards of life.
The Union Government recognises that Indians domiciled in the Union who are prepared to conform to Western standards of life, should be enabled to do so.
For those Indians in the Union who may desire to avail themselves of it, the Union Government will organise a scheme of assisted emigration to India or other countries where Western standards are not required. Union domicile will be lost after three years` continuous absence from the Union, in agreement with the proposed revision of the law relating to domicile which will be of general application. Emigrants under the assisted emigration scheme who desire to return to the Union within three years will only be allowed to do so on refund to the Union Government of the cost of assistance received by them.
The Government of India recognise their obligation to look after such emigrants on their arrival in India.
The admission into the Union of the wives and minor children of Indians permanently domiciled in the Union will be regulated by paragraph 3 of Resolution XXI of the Imperial Conference of 1918.
In the expectation that the difficulties with which the Union has been confronted will be materially lessened by the agreement now happily reached between the two Governments, and in order that the agreement may come into operation under the most favourable auspices and have a fair trial, the Government of the Union of South Africa have decided not to proceed further with the Areas Reservation and Immigration and Registration (Further Provision) Bill.
The two Governments have agreed to watch the working of the agreement now reached and to exchange views from time to time as to any changes that experience may suggest.
The Government of the Union of South Africa have requested the Government of India to appoint an agent in order to secure continuous and effective cooperation between the two Governments.

(The Annexure containing the summary of conclusions reached by the Round Table Conference is omitted here).

GLOSSARY

(to be prepared)

ashram

azan

bapu - father

bhai - brother

bhaishri - dear brother?

bidi - tobacco rolled by hand in a dry leaf and smoked like a cigarette

bigha

Boer - farmer (in Dutch); term used generally for Dutch colonists in South Africa

bhangiwada - location occupied by "untouchables"

brahmin -

burgher - citizen or freeman

chi. (chiranjivi)

crore - ten million; 100 lakhs

cowrie

Deenabandhu (C. F. Andrews)

devi (Sarojini Devi)

dharma

dharmatma

dharmsala

durbar - court or audience-chamber of a king

Dwarkanath (or Victory to Dwarkanath)

Ganga - Ganges river

Gangotri

goondaism

haji saheba

harijan

hartal - closing of shops and work stoppage, especially as a sign of political protest

imam (Imam saheb)

kakaji - uncle

kavad - two baskets or vessels suspended from the ends of a stick carried horizontally over the shoulders

Koran Sharif

kshatriya

lakh - hundred thousand

Magna Charta (or Magna Carta) - the charter obtained by the people from King John of Britain in 1215; any charter of liberty

mahanwada

mahatma

masjid - mosque

muezzin

mussalman - Moslem

namaz

purdah - curtain, veil

Ramachandra (Victory to Ramachandra)

roza

ryot - peasant, farmer

sadhu

sanatanji (Hindu)

sannyasi

satyagraha

satyagrahi

seth, sheth

Shrimati

Sjt. (Srijut)

sudra

swaraj - self-government

uitlander (Afrikaans) - a foreigner; specifically a Briton living in the Republics of Transvaal and Orange Free State in the nineteenth century

vaishya

vande mataram

veldt or veld (Afrikaans) - open grazing area in southern Africa

SOURCES

(to be revised)

Newspapers and periodicals

African Chronicle, Durban

Amrita Bazar Patrika, Calcutta

Bhagini Samaj Patrika

Bombay Chronicle, Bombay

Bombay Chronicle weekly, Bombay

Flash Collection (collection of leaflets of the Passive

Resistance Council), Durban, 1946

Forward

Gujarati, weekly, Bombay

Harijan

Harijanbandhu

Hindu, The, Madras

Hindustan Times, Delhi

India

Indian Opinion, Phoenix

Indian Opinion, Golden number, Phoenix, December 1914

Indian Review, Madras

Leader, The, Allahabad

Navajivan, Gujarati and Hindi, Ahmedabad

New India, Madras

Passive Resister, weekly, Johannesburg, 1946-1948.

Samaj Patrika

Times of India, The, Bombay and later from Delhi and other cities

Tribune, The

Young India, Bombay from May to October 1919; Ahmedabad from October 1919 to 1931

Books and Pamphlets

Biharni Komi Agman

Collected Works of Mahatma Gandhi

Cursons, William E. Joseph Doke: The Missionary-Hearted. Johannesburg: The Christian Literature Depot, 1929.

Dharmatma Gokhale (Gujarati)

Ek Dharmayuddha (Gujarati)

Gandhiji`s Correspondence with the Government, 1944-47. Ahmedabad: Navajivan Publishing House, 1959

Jagadisan, T. N. (ed.) Letters of The Right Honourable V. S. Srinivasa Sastri, second edition. Bombay: Asia Publishing House, 1963.

Mahatma Gandhini Vicharishti

Messages to South African Indian Community from the Leaders of India. Durban, June 1, 1946.

Pandit, Mrs. Vijayalakshmi. The Scope of Happiness: A Personal Memoir. New York, Crown Publishers, 1979.

Prarthana Pravanchan - Vol.I and Vol. II

Pyarelal. A World in Agony-II

Report of the Thirty-fourth session of the Indian National Congress, Amritsar, 1919

Report of the Indian National Congress, Fortieth Session, Cawnpore, 1925

Report of the Indian National Congress, Forty-first Session, Gauhati (Assam), 1926

Report of the Forty-second Session of the Indian National Congress, Madras, 1927

Varma, Ramachandra. Mahatma Gandhi.

BIBLIOGRAPHY

(To be expanded or omitted)

Aiyar, P.S. Stateless Indians in South Africa. Allahabad: Krishna Ram Mehta, 1942.

Appasamy, Bhaskar, Indians of South Africa. Bombay: Padma Publications Ltd., 1943.

Bombay Secret Abstracts

Calpin, G. H. Indians in South Africa. Pietermaritzburg: Shuter & Shooter, 1949

Chaturvedi, Benarsidas and Sykes, Marjorie. Charles Freer Andrews. London: George Allen and Unwin, 1949.

Gandhi, M. K. Satyagraha in South Africa

Goswami, K. P. Mahatma Gandhi:a Chronology. New Delhi: Publications Division, Government of India, 1971.

Joshi, P.S. Struggle for Equality. Bombay: Hind Kitabs, 1961.

Joshi, P. S. The Tyranny of Colour: A Study of the Indian Problem in South Africa. First edition, Johannesburg, 1942

Naravane, Vishwanath S. Sarojini Naidu: An Introduction to Her Life, Work and Poetry. Sangam Books

Phatak, Prof. N.R. Source Material for a History of the Freedom Movement in India, Vol. III: Mahatma Gandhi, Part I: 1915-1922. Bombay: Directorate of Printing and Stationery, Maharashtra State, Bombay, 1965.

Rao, P. Kodanda The Right Honourable V. S. Srinivasa Sastri: a Political Biography. Bombay: Asia Publishing House, 1963.

Scott, Michael. A Time to Speak. New York: Doubleday and Company, 1958.

Sengupta, Padmini, Sarojini Naidu: a Biography. Bombay: Asia Publishing House, 1966.

Sitaramayya, Dr. Pattabhi The History of the Indian National Congress, Volume II (1935-1947). Bombay: Padma Publications Ltd., Bombay, 1947.

The South African Indian: Helot or Citizen. London: Indians Overseas Association, 1926.

Union of South Africa. Correspondence Relating to the Indians Relief Act, 1914. (Cd. 7644). London: His Majesty`s Stationery Office, 1914.

1.Letter to Benjamin Robertson in Collected Works of Mahatma Gandhi, Volume 12, p. 371