by M K Gandhi
‘You cannot understand the beauty of our religion. From what you say it appears that you must be brooding over your transgressions every moment of your life, always mending them and atoning for them. How can this ceaseless cycle of action bring you redemption? You can never have peace. You admit that we are all sinners. Now look at the perfection of our belief. Our attempts at improvement and atonement are futile. And yet redemption we must have. How can we bear the burden of sin? We can but throw it on Jesus. He is the only sinless Son of God. It is His word that those who believe in Him shall have everlasting life.M2 Therein lies God’s infinite mercy. And as we believe in the atonement of Jesus, our own sins do not bind us. Sin we must.M3 It is impossible to live in this world sinless. And therefore Jesus suffered and atoned for all the sins of mankind. Only he who accepts His great redemptionM4 can have eternal peace. Think what a life of restlessness is yours, and what a promise of peace we have.’
The argument utterly failed to convince me. I humbly replied:
‘If this be the Christianity acknowledged by all Christians,M5 I cannot accept it. I do not seek redemptionM6 from the consequences of my sin. I seek to be redeemedM7 from sin itself, or rather from the very thought of sin. Until I have attained that end, I shall be content to be restless.’
To which the Plymouth Brother rejoined: ‘I assure you, your attempt is fruitless. Think again over what I have said.’
And the Brother proved as good as his word. He knowingly165 committed transgressions,M8 and showed me that he was undisturbed by the thought of them.166
But I already knew before meeting with these friends that all Christians did not believe in such a theory of atonement.167 Mr. Coates himself walked in the fear of God.M9 His heart was pure, and he believed in the possibility of self-purification.M10 The two ladies also shared this belief. Some of the books that came into my hands were full of devotion. So, although Mr. Coates was very much disturbed by this latest experience of mine, I was able to reassure him and tell him that the distorted belief of a Plymouth Brother could not prejudice me against Christianity.
My difficulties lay elsewhere. They168 were with regard to the Bible and its accepted interpretation.169
XII
SEEKING TOUCHM1 WITH INDIANS
Before writing further about Christian contacts, I must record other experiences of the same period.
Sheth Tyeb Haji Khan Muhammad had in Pretoria the same position as was enjoyed by Dada Abdulla in Natal. There was no public movement that could be conducted without him. I made his acquaintance the very first week and told him of my intention to get in touch with every Indian in Pretoria. I expressed a desire to study the conditions of Indians there, and asked for his help in my work, which he gladly agreed to give.
My first step was to call a meeting of all the Indians in Pretoria170 and to present to them a picture of their condition in the Transvaal.171 The meeting was held at the house of Sheth Haji Muhammad Haji Joosab, to whom I had a letter of introduction. It was principally attended by Meman merchants, though there was a sprinkling of Hindus as well. The Hindu population in Pretoria was, as a matter of fact,172 very small.
My speech at this meeting may be said to have been the first public speech in my life. I went fairly prepared with my subject, which was about observing truthfulness in business.M2 I had always heard the merchants say that truth was not possible in business. I did not think so then, nor do I now. Even today there are merchant friends who contend that truth is inconsistent with business. Business, they say, is a very practical affair, and truth a matter of religion; and they argue that practical affairs are one thing, while religion is quite another. Pure truth, they hold, is out of the question in business; one can speak173 it only so far as is suitable. I strongly contested the position in my speech and awakened the merchants to a sense of their duty, which was twofold. Their responsibility to be truthful174 was all the greater in a foreign land, because the conduct of a few Indians was the measure of that of the millions of their fellow-countrymen.
I had found our people’s habits to be insanitary, as compared with those of the Englishmen around them, and drew their attention to it. I laid stress on the necessity of forgetting all distinctions such as Hindus, Mussalmans, Parsis, Christians, Gujaratis, Madrasis, Punjabis, Sindhis, Kachchhis, Surtis and so on.
I suggested, in conclusion, the formation of an association to make representations to the authorities concerned in respect of the hardships of the Indian settlers, and offered to place at its disposal as much of my time and service as was possible.
I saw that I made a considerable impression on the meeting.
My speech was followed by discussion. Some offered to supply me with facts. I felt encouraged. I saw that very few amongst my audience knew English. As I felt that knowledge of English would be useful in that country, I advised those who had leisure to learn English. I told them that it was possible to learn a language even at an advanced age, and cited cases of people who had done so. I undertook, besides, to teach a class, if one was started or personally to instruct individuals desiring to learn the language.
The class was not started, but three young men expressed their readiness to learn at their convenience, and on condition that I went to their places to teach them. Of these, two were Mussalmans—one of them a barber and the other a clerk—and the third was a Hindu, a petty shopkeeper. I agreed to suit them all. I had no misgivings regarding my capacity to teach. My pupils might become tired, but not I. Sometimes it happened that I would go to their places only to find them engaged in their business. But I did not lose patience. None of the three desired a deep study of English, but two may be said to have made fairly good progress in about eight months. Two learnt enough to keep accounts and write ordinary business175 letters. The barber’s ambition was confined to acquiring just enough English for dealing with his customers. As a result of their studies, two of the pupils were equipped for making a fair income.
I was satisfied with the result of the meeting. It was decided to hold such meetings, as far as I remember, once a week or, may be, once a month. These were held more or less regularly, and on these occasions there was a free exchange of ideas. The result was that there was now in Pretoria noM3 Indian I did not know, or whose condition I was not acquainted with. This prompted me in turn to make the acquaintance of the British Agent in Pretoria, Mr. Jacobus de Wet. He had sympathy for the Indians, but he had very little influence. However, he agreed to help us as best he could, and invited me to meet him whenever I wished.
I now communicated with the railway authorities and told them that, even under their own regulations, the disabilities about travelling under which the Indians laboured could not be justified. I got a letter in reply to the effect that first and second class tickets would be issued to Indians who were properly dressed. This was far from giving adequate relief, as it rested with the Station Master to decide who was ‘properly dressed’.
The British Agent showed me some papers dealing with Indian affairs. Tyeb Sheth had also given me similar papers. I learnt from them how cruelly the Indians were hounded out from the Orange Free State.
In short, my stay in Pretoria enabled me to make a deep study of the social, economic and political condition of the Indians in the Transvaal and the Orange Free State. I had no idea that this study was to be of invaluable service to me in the future. For I had thought of returning home by the end of the year, or even earlier, if the case was finished before the year was out.
But God176 disposed otherwise.
XIII
WHAT IT IS TO BE A ‘COOLIE’M1
It would be out of place here to describe fully the condition of Indians in the Transvaal and the Orange Free State. I would suggest that those who wish to have a full idea of it may turn to my History of Satyagraha in South Africa.177 It is, however, necessary to give here a brief outline.
In the Orange Free State the Indians were deprived of all their rights by a special law enacted in 1888 or even earlier.
178 If they chose to stay there, they could do so only to serve as waiters in hotels or to pursue some other such menial calling. The traders were driven away with a nominal compensation.179 They made representations and petitions, but in vain.M2
A very stringent enactment was passed in the Transvaal in 1885.180 It was slightly amended in 1886, and it was provided under the amended law that all Indians should pay a poll-tax of £3 as fee for entry into the Transvaal. They might not own land except in locations set apart for them, and in practice even that was not to be ownership. They had no franchise. All this was under the special law for Asiatics, to whom the laws for the coloured people were also applied. Under these latter, Indians might not walk on public footpaths, and might not move out of doors after 9 p.m. without a permit. The enforcement of this last regulation was elastic so far as the Indians were concerned. Those who passed as ‘Arabs’ were, as a matter of favour, exempted from it. The exemption thus naturally depended on the sweet will of the police.
I had to experience the effect of both these regulations. I often went out at night for a walk with Mr. Coates, and we rarely got back home much before ten o’clock. What if the police arrested me? Mr. Coates was more concerned about this than I. He had to issue passes to his Negro servants. But how could he give one to me? Only a master might issue a permit to a servant. If I had wanted one, and even if Mr. Coates had been ready to give it, he could not have done so, for it would have been fraud.
So Mr. Coates or some friend of his took me to the State Attorney, Dr. Krause.181 We turned out to be barristers of the same Inn.182 The fact that I needed a pass to enable me to be out of doors after 9 p.m. was too muchM3 for him. He expressed sympathy for me. Instead of ordering for me a pass, he gave me a letter authorizing me to be out of doors at all hours without police interference. I always kept this letter on me whenever I went out. The fact that I never had to make use of it was a mere accident.
Dr. Krause invited me to his place, and we may be said to have become friends.183 I occasionally called on him, and it was through him that I was introduced to his more famous brother,184 who was Public Prosecutor in Johannesburg. During the Boer War he was court-martialled for conspiring to murder an English officer, and was sentenced to imprisonment for seven years. He was also disbarred by the Benchers.185 On the termination of hostilities he was released and, being honourably readmitted to the Transvaal bar, resumed practice.
These connections were useful to me later on in my public life, and simplified much of my work.
The consequences of the regulation regarding the use of footpaths were rather serious for me. I always went out for a walk through President Street to an open plain. President Kruger’s house was in this street—a very modest, unostentatious building, without a garden, and not distinguishable from other houses in its neighbourhood. The houses of many of the millionaires in Pretoria were far186 more pretentious, and were surrounded by gardens. Indeed President Kruger’s simplicity was proverbial. Only the presence of a police patrol before the house indicated that it belonged to some official. I nearly always went along the footpath past this patrol without the slightest hitch or hindrance.
Now the man on duty used to be changed from time to time. Once one of these men, without giving me the slightest warning, without even asking187 me to leave the footpath, pushed and kicked me into the street. I was dismayed. Before I could question him as to his behaviour, Mr. Coates, who happened to be passing the spot on horseback, hailed me and said:
‘Gandhi, I have seen everything. I shall gladly be your witness in court if you proceed against the man. I am very sorry you have been so rudely assaulted.’
‘You need not be sorry,’ I said. ‘What does the poor man know? All coloured188 people are the same to him. He no doubt treats Negroes just as he has treated me.M4 I have made it a rule not to go to court in respect of any personal grievance. So I do not intend to proceed against him.’
‘That is just like you,’ said Mr. Coates, ‘but do think it over again. We must teach such men a lesson.’ He then spoke to the policeman and reprimanded him. I could not follow their talk, as it was in Dutch, the policeman being a Boer. But he apologized to me, for which there was no need.189 I had already forgiven him.
But I never again went through this street. There would be other men coming in this man’s place and, ignorant of the incident, they would behave likewise.M5 Why should I unnecessarily court another kick? I therefore selected a different walk.
The incident deepened my feeling for the Indian settlers. I discussed with them the advisability of making a test case,190 if it were found necessary to do so, after having seen the British Agent in the matter of these regulations.
I thus made an intimate study of the hard condition of the Indian settlers, not only by reading and hearing about it, but by personal experience. I saw that South Africa was no country for a self-respecting Indian, and my mind became more and more occupied with the question as to how this state of things might be improved.
But my principal duty for the moment was to attend to the case of Dada Abdulla.
XIV
PREPARATION FOR THE CASE
The year’s stay in Pretoria was a most valuable experience191 in my life. Here it was that I had opportunities of learning public work and acquired some measure of my capacity for it. Here it was that the religious spirit within me became a living force,M1 and here too I acquired a true knowledge of legal practice. Here I learnt the things that a junior barrister learns in a senior barrister’s chamber, and here I also192 gained confidence that I should not after all fail as a lawyer. It was likewise here that I learnt the secret of success as a lawyer.M2
Dada Abdulla’s was no small case. The suit was for £40,000.193 Arising194 out of business transactions, it was full of intricacies of accounts. Part of the claim was based on promissory notes,195 and part on the specific performance of promise to deliver promissory notes. The defence was that the promissory notes were fraudulently taken and lacked sufficient consideration. There were numerous points of fact and law196 in this intricate case.197
Both parties had engaged the best attorneys and counsel. I thus had a fine opportunity of studying their work. The preparation of the plaintiff’s case for the attorney and the sifting of facts in support of his case had been entrusted to me. It was an education to see how much the attorney accepted, and how much he rejected from my preparation, as also to see how much use the counsel made of the brief prepared by the attorney. I saw that this preparation for the case would give me a fair measure of my powers of comprehension and my capacity for marshalling evidence.
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,198 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. Pincott’s199 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.200 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.M3 Both, therefore, desired an immediate termination of the case, if possible.
I approached Tyeb Sheth and requested and advised him to go to arbitration.M4 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 themM5 together. I strained every nerveM6 to bring about a compromise. At last Tyeb Sheth agreed. An arbitrator201 was appointed, the case was argued before him, and Dada Abdulla won.202