I took the keenest interest in the case. Indeed I threw myself into it. I read all the papers pertaining to the transactions. My client was a man of great ability and reposed absolute confidence in me, and this rendered my work easy. I made a fair study of book-keeping. My capacity for translation was improved by having to translate the correspondence, which was for the most part in Gujarati.
Although, as I have said before, I took a keen interest in religious communion and in public work and always gave some of my time to them, they were not then my primary interest. The preparation of the case was my primary interest. Reading of law and looking up law cases, when necessary, had always a prior claim on my time. As a result, I acquired such a grasp of the facts of the case as perhaps was not possessed even by the parties themselves, inasmuch as I had with me the papers of both the parties.
I recalled the late Mr. Pincutt’s advice—facts are three-fourths of the law. At a later date it was amply borne out by that famous barrister of South Africa, the late Mr. Leonard. In a certain case in my charge I saw that, though justice was on the side of my client, the law seemed to be against him. In despair I approached Mr. Leonard for help. He also felt that the facts of the case were very strong. He exclaimed, ‘Gandhi, I have learnt one thing, and it is this, that if we take care of the facts of a case, the law will take care of itself. Let us dive deeper into the facts of this case.’ With these words he asked me to study the case further and then see him again. On a re-examination of the facts I saw them in an entirely new light, and I also hit upon an old South African case bearing on the point. I was delighted and went to Mr. Leonard and told him everything. ‘Right,’ he said, ‘we shall win the case. Only we must bear in mind which of the judges takes it.’
When I was making preparation for Dada Abdulla’s case, I had not fully realized this paramount importance of facts. Facts mean truth, and once we adhere to truth, the law comes to our aid naturally. I saw that the facts of Dada Abdulla’s case made it very strong indeed, and that the law was bound to be on his side. But I also saw that the litigation, if it were persisted in, would ruin the plaintiff and the defendant, who were relatives and both belonged to the same city. No one knew how long the case might go on. Should it be allowed to continue to be fought out in court, it might go on indefinitely and to no advantage of either party. Both, therefore, desired an immediate termination of the case, if possible.
I approached Tyeb Sheth and requested and advised him to go to arbitration. I recommended him to see his counsel. I suggested to him that, if an arbitrator commanding the confidence of both parties could be appointed, the case would be quickly finished. The lawyers’ fees were so rapidly mounting up that they were enough to devour all the resources of the clients, big merchants as they were. The case occupied so much of their attention that they had no time left for any other work. In the meantime mutual ill-will was steadily increasing. I became disgusted with the profession. As lawyers the counsel on both sides were bound to rake up points of law in support of their own clients. I also saw for the first time that the winning party never recovers all the costs incurred. Under the Court Fees Regulation there was a fixed scale of costs to be allowed as between party and party, the actual costs as between attorney and client being very much higher. This was more than I could bear. I felt that my duty was to befriend both parties and bring them together. I strained every nerve to bring about a compromise. At last Tyeb Sheth agreed. An arbitrator was appointed, the case was argued before him, and Dada Abdulla won.
But that did not satisfy me. If my client were to seek immediate execution of the award, it would be impossible for Tyeb Sheth to meet the whole of the awarded amount, and there was an unwritten law among the Porbandar Memans living in South Africa that death should be preferred to bankruptcy. It was impossible for Tyeb Sheth to pay down the whole sum of about £ 37,000 and costs. He meant to pay not a pie less than the amount, and he did not want to be declared bankrupt. There was only one way. Dada Abdulla should allow him to pay in moderate instalments. He was equal to the occasion, and granted Tyeb Sheth instalments spread over a very long period. It was more difficult for me to secure this concession of payment by instalments than to get the parties to agree to arbitration. But both were happy over the result, and both rose in the public estimation. My joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s hearts. I realized that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby—not even money, certainly not my soul.
XV
RELIGIOUS FERMENT
It is now time to turn again to my experiences with Christian friends.
Mr. Baker was getting anxious about my future. He took me to the Wellington Convention. The Protestant Christians organize such gatherings every few years for religious enlightenment or, in other words, self-purification. One may call this religious restoration or revival. The Wellington Convention was of this type. The chairman was the famous divine of the place, the Rev. Andrew Murray. Mr. Baker had hoped that the atmosphere of religious exaltation at the Convention, and the enthusiasm and earnestness of the people attending it, would inevitably lead me to embrace Christianity.
But his final hope was the efficacy of prayer. He had an abiding faith in prayer. It was his firm conviction that God could not but listen to prayer fervently offered. He would cite the instances of men like George Muller of Bristol, who depended entirely on prayer even for his temporal needs. I listened to his discourse on the efficacy of prayer with unbiassed attention, and assured him that nothing could prevent me from embracing Christianity, should I feel the call. I had no hesitation in giving him this assurance, as I had long since taught myself to follow the inner voice. I delighted in submitting to it. To act against it would be difficult and painful to me.
So we went to Wellington. Mr. Baker was hard put to it in having ‘a coloured man’ like me for his companion. He had to suffer inconveniences on many occasions entirely on account of me. We had to break the journey on the way, as one of the days happened to be a Sunday, and Mr. Baker and his party would not travel on the sabbath. Though the manager of the station hotel agreed to take me in after much altercation, he absolutely refused to admit me to the dining room. Mr. Baker was not the man to give way easily. He stood by the rights of the guests of a hotel. But I could see his difficulty. At Wellington also I stayed with Mr. Baker. In spite of his best efforts to conceal the little inconveniences that he was put to, I could see them all.
This Convention was an assemblage of devout Christians. I was delighted at their faith. I met the Rev. Murray. I saw that many were praying for me. I liked some of their hymns, they were very sweet.
The Convention lasted for three days. I could understand and appreciate the devoutness of those who attended it. But I saw no reason for changing my belief—my religion. It was impossible for me to believe that I could go to heaven or attain salvation only by becoming a Christian. When I frankly said so to some of the good Christian friends, they were shocked. But there was no help for it.
My difficulties lay deeper. It was more than I could believe that Jesus was the only incarnate son of God, and that only he who believed in him would have everlasting life. If God could have sons, all of us were His sons. If Jesus was like God, or God Himself, then all men were like God and could be God Himself. My reason was not ready to believe literally that Jesus by his death and by his blood redeemed the sins of the world. Metaphorically there might be some truth in it. Again, according to Christianity only human beings had souls, and not other living beings, for whom death meant complete extinction; while I held a contrary belief. I could accept Jesus as a martyr, an embodiment of sacrifice, and a divine teacher, but not as the most perfect man ever born. His death on the Cross was a great
example to the world, but that there was anything like a mysterious or miraculous virtue in it my heart could not accept. The pious lives of Christians did not give me anything that the lives of men of other faiths had failed to give. I had seen in other lives just the same reformation that I had heard of among Christians. Philosophically there was nothing extraordinary in Christian principles. From the point of view of sacrifice, it seemed to me that the Hindus greatly surpassed the Christians. It was impossible for me to regard Christianity as a perfect religion or the greatest of all religions.
I shared this mental churning with my Christian friends whenever there was an opportunity, but their answers could not satisfy me.
Thus if I could not accept Christianity either as a perfect, or the greatest, religion, neither was I then convinced of Hinduism being such. Hindu defects were pressingly visible to me. If untouchability could be a part of Hinduism, it could but be a rotten part or an excrescence. I could not understand the raison d’etre of a multitude of sects and castes. What was the meaning of saying that the Vedas were the inspired Word of God? If they were inspired, why not also the Bible and the Koran?
As Christian friends were endeavouring to convert me, even so were Musalman friends. Abdulla Sheth had kept on inducing me to study Islam, and of course he had always something to say regarding its beauty.
I expressed my difficulties in a letter to Raychandbhai. I also corresponded with other religious authorities in India and received answers from them. Raychandbhai’s letter somewhat pacified me. He asked me to be patient and to study Hinduism more deeply. One of his sentences was to this effect: ‘On a dispassionate view of the question I am convinced that no other religion has the subtle and profound thought of Hinduism, its vision of the soul, or its charity.’
I purchased Sale’s translation of the Koran and began reading it. I also obtained other books on Islam. I communicated with Christian friends in England. One of them introduced me to Edward Maitland, with whom I opened correspondence. He sent me The Perfect Way, a book he had written in collaboration with Anna Kingsford. The book was a repudiation of the current Christian belief. He also sent me another book, The New Interpretation of the Bible. I liked both. They seemed to support Hinduism. Tolstoy’s The Kingdom of God is within you overwhelmed me. It left an abiding impression on me. Before the independent thinking, profound morality, and the truthfulness of this book, all the books given me by Mr. Coates seemed to pale into insignificance.
My studies thus carried me in a direction unthought of by the Christian friends. My correspondence with Edward Maitland was fairly prolonged, and that with Raychandbhai continued until his death. I read some of the books he sent me. These included Panchika-ran, Maniratnamala, Mumukshu Prakaran of Yogavasishtha, Haribhadra Suri’s Shaddarshana Samuchchaya and others.
Though I took a path my Christian friends had not intended for me, I have remained for ever indebted to them for the religious quest that they awakened in me. I shall always cherish the memory of their contact. The years that followed had more, not less, of such sweet and sacred contacts in store for me.
XVI
MAN PROPOSES, GOD DISPOSES
The case having been concluded, I had no reason for staying in Pretoria. So I went back to Durban and began to make preparations for my return home. But Abdulla Sheth was not the man to let me sail without a send-off. He gave a farewell party in my honour at Sydenham.
It was proposed to spend the whole day there. Whilst I was turning over the sheets of some of the newspapers I found there, I chanced to see a paragraph in a corner of one of them under the caption ‘Indian Franchise’. It was with reference to the Bill then before the House of Legislature, which sought to deprive the Indians of their right to elect members of the Natal Legislative Assembly. I was ignorant of the Bill, and so were the rest of the guests who had assembled there.
I inquired of Abdulla Sheth about it. He said: ‘What can we understand in these matters? We can only understand things that affect our trade. As you know all our trade in the Orange Free State has been swept away. We agitated about it, but in vain. We are after all lame men, being unlettered. We generally take in newspapers simply to ascertain the daily market rates, etc. What can we know of legislation? Our eyes and ears are the European attorneys here.’
‘But,’ said I, ‘there are so many young Indians born and educated here. Do not they help you?’
‘They!’ exclaimed Abdulla Sheth in despair. ‘They never care to come to us, and to tell you the truth, we care less to recognize them. Being Christians, they are under the thumb of the white clergymen, who in their turn are subject to the Government.’
This opened my eyes. I felt that this class should be claimed as our own. Was this the meaning of Christianity? Did they cease to be Indians because they had become Christians?
But I was on the point of returning home and hesitated to express what was passing through my mind in this matter. I simply said to Abdulla Sheth: ‘This Bill, if it passes into law, will make our lot extremely difficult. It is the first nail into our coffin. It strikes at the root of our self-respect.’
‘It may,’ echoed Sheth Abdulla. ‘I will tell you the genesis of the franchise question. We knew nothing about it. But Mr. Escombe, one of our best attorneys, whom you know, put the idea into our heads. It happened thus. He is a great fighter, and there being no love lost between him and the Wharf Engineer, he feared that the Engineer might deprive him of his votes and defeat him at the election. So he acquainted us with our position, and at his instance we all registered ourselves as voters, and voted for him. You will now see how the franchise has not for us the value that you attach to it. But we understand what you say. Well, then, what is your advice?’
The other guests were listening to this conversation with attention. One of them said: ‘Shall I tell you what should be done? You cancel your passage by this boat, stay here a month longer, and we will fight as you direct us.’
All the others chimed in: ‘Indeed, indeed. Abdulla Sheth, you must detain Gandhibhai.’
The Sheth was a shrewd man. He said: ‘I may not detain him now. Or rather, you have as much right as I to do so. But you are quite right. Let us all persuade him to stay on. But you should remember that he is a barrister. What about his fees?’
The mention of fees pained me, and I broke in: ‘Abdulla Sheth, fees are out of the question. There can be no fees for public work. I can stay, if at all, as a servant. And as you know, I am not acquainted with all these friends. But if you believe that they will co-operate, I am prepared to stay a month longer. There is one thing, however. Though you need not pay me anything, work of the nature we contemplate cannot be done without some funds to start with. Thus we may have to send telegrams, we may have to print some literature, some touring may have to be done, the local attorneys may have to be consulted, and as I am ignorant of your laws, I may need some law-books for reference. All this cannot be done without money. And it is clear that one man is not enough for this work. Many must come forward to help him.’
And a chorus of voices was heard: ‘Allah is great and merciful. Money will come in. Men there are, as many as you may need. You please consent to stay, and all will be well.’
The farewell party was thus turned into a working committee. I suggested finishing dinner etc. quickly and getting back home. I worked out in my own mind an outline of the campaign. I ascertained the names of those who were on the list of voters, and made up my mind to stay on for a month.
Thus God laid the foundations of my life in South Africa and sowed the seed of the fight for national self-respect.
XVII
SETTLED IN NATAL
Sheth Haji Muhammad Haji Dada was regarded as the foremost leader of the Indian community in Natal in 1893. Financially Sheth Abdulla Haji Adam was the chief among them, but he and others always gave the first place to Sheth Haji Muhammad in public affairs. A meeting was therefore held under his presidentship at the house of Abdulla Sheth, at which it was reso
lved to offer opposition to the Franchise Bill.
Volunteers were enrolled. Natal-born Indians, that is, mostly Christian Indian youths, had been invited to attend this meeting. Mr. Paul, the Durban Court Interpreter, and Mr. Subhan Godfrey, Headmaster of a mission school, were present, and it was they who were responsible for bringing together at the meeting a good number of Christian youths. All these enrolled themselves as volunteers.
Many of the local merchants were of course enrolled, noteworthy among them being Sheths Dawud Muhammad, Muhammad Kasam Kamruddin, Adamji Miyakhan, A. Kolandavellu Pillai, C. Lachhiram, Rangasami Padiachi, and Amad Jiva. Parsi Rustomji was of course there. From among the clerks were Messrs Manekji, Joshi, Narsinhram and others, employees of Dada Abdulla and Co. and other big firms. They were all agreeably surprised to find themselves taking a share in public work. To be invited thus to take part was a new experience in their lives. In face of the calamity that had overtaken the community, all distinctions such as high and low, small and great, master and servant, Hindus, Musalmans, Parsis, Christians, Gujaratis, Madrasis, Sindhis, etc., were forgotten. All were alike the children and servants of the motherland.
The Bill had already passed, or was about to pass, its second reading. In the speeches on the occasion the fact that Indians had expressed no opposition to the stringent Bill was urged as proof of their unfitness for the franchise.
I explained the situation to the meeting. The first thing we did was to despatch a telegram to the Speaker of the Assembly requesting him to postpone further discussion of the Bill. A similar telegram was sent to the Premier, Sir John Robinson, and another to Mr. Escombe, as a friend of Dada Abdulla’s. The Speaker promptly replied that discussion of the Bill would be postponed for two days. This gladdened our hearts.
Autobiography Page 15