Mr. Chamberlain said in the Commons that Lord Curzon should have been overruled; an inexplicable remark from a man who had had the courage to say to the miners that it was better they should be governed from Downing Street than from Park Lane.
In December 1903 General Ben Viljeon informed a labour commissioner that a petty chief had told him recently that if he sent 100 boys to the Rand only 66 returned, and some of them had scurvy. It was not wonderful, therefore, that black labour was scarce; but it was wonderful that his Majesty's Government did not take steps to put an end to a state of things which they must have known to be terrible, instead of merely substituting for the ill-used, underpaid, criminally-treated but free labouring Kaffirs Chinamen who were to be nothing better than slaves.
But the drawing up of the draft Ordinance went forward. It was hurried on at an incredible rate. Until the last minute it was kept back from Parliament, and the Blue-book dealing with the alleged necessities for introducing yellow labour was only placed in the hands of the members of the House of Commons a few days before Mr. Herbert Samuel moved his famous amendment to the King's Address—"It is highly inexpedient that sanction should be given to any Ordinance permitting the introduction of indentured Chinese labourers into the Transvaal Colony until the approval of the colonists has been formally ascertained."
At one end of the cable sat Lord Milner, pricked on by the Rand lords, at the other end sat the Colonial Secretary, anxious to be fair, anxious to be humane, anxious to do nothing contrary to the historic principles of British rule, but bemused by the clamour of the Transvaal, and seeing in the protests against the Ordinance only party moves and party partisanship. The clamour for the Ordinance increased day by day.
Sir H. Campbell-Bannerman had managed to extract a pledge from the Government, by which Lord Milner was instructed to introduce into the Ordinance a clause suspending its operation pending further instructions from home. But it was pointed out that the matter was of such great urgency that his Majesty's Government could not undertake to postpone their decision longer than the termination of the debate on the Address.
As a matter of fact, they had already made up their minds. It was stated that if a colony desired Chinese labour it was not for the Imperial Parliament to interfere. To have done so would have been contrary to the traditions of Imperial Government. But when Mr. Herbert Samuel asked that the Ordinance should not be permitted until the approval of the colonists in the Transvaal had been formally obtained by the natural expedient of a referendum, Lord Milner asserted that to hold a referendum was impossible—it would occupy too much time, that at any rate it was an expedient unknown in any part of the British Empire.
As a matter of fact, a referendum has been put in practice in South Australia, in New Zealand, in New South Wales, and was used more recently to decide upon the important question of the Australian Commonwealth. That it would have occupied six months to take such a referendum, during which period the gold of the Transvaal would have vanished, everybody would have refused to work, and the Kaffir market would have been blotted out, was preposterous. Yet, at the moment when Lord Milner made this statement, a census of the colony was taken, which only occupied seven weeks. It is not unreasonable to assume that such a referendum would have occupied more than a month.
All the arguments of the Opposition were in vain against such plausibility. It was useless to point out that while the educated Chinese were good citizens, the bitter experience of Australia, Canada, the United States and New Zealand proved conclusively that the uneducated Chinamen, wherever they went, were vicious, immoral and unclean, hated by the white man, loathed and feared by every decent white woman. The Government admitted the danger of allowing 50,000 Chinamen to be planted down in a colony without any restrictions. Their introduction was a regrettable necessity; and so it was proposed to keep them in compounds, to round them up every night like sheep, to make them liable to heavy penalties if they wandered abroad without a permit. This was the only way, they declared, in which these necessary evils could be used. Of the necessity of utilizing the evil at all they were convinced, and no argument succeeded in shaking their faith. It was pointed out to them that this would be semi-slavery, if not indeed actual slavery. The Chinaman was not to be employed in any position but that of a miner; he could not improve his position; he could not give notice to one employer and go to another. He could never leave the compound without permission. If he struck work he could be imprisoned. He was bound to reside on the premises of his employer, in charge of a manager appointed for the purpose. Permission to leave these premises might or might not be granted; but in any case he could never be absent for more than forty-eight hours at a time. If he escaped, he could be tracked down, arrested without a warrant and imprisoned by a magistrate, while anybody who harboured or concealed him was fined £50, or imprisoned in default of payment.
The Ordinance was without parallel in the Empire. Because the Chinese were competitors, because they were a moral and social danger, the supporters of the Ordinance were compelled to devise some system under which it could become law in the Transvaal, and by which they could yet prevent any one of the Chinamen brought in being able at any time to leave his employment and turn to other and more profitable undertakings.
Only a casuist could call this anything else but slavery. One of our most unsuccessful ministers tried to find a parallel between this system and the life of our soldiers—a parallel so bright and so pleasing that no one, I think, has yet attempted to spoil the bloom of this flower of grim humour by disclosing its absurdity. The Transvaal Government had, in fact, gone to the statute books of the slave states of America for a model for their Ordinance.