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 India, 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. I also had the idea that I could not add to the credit 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 forever? 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.
XVIII
Colour Bar
The symbol of a Court of justice is a 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 and 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 break down.
The Law Society had engaged a distinguished lawyer to support their opposition. As he too was connected with Dada Abdulla and Co., he sent me word through Sheth Abdulla to go and see him. He talked with me quite frankly, and inquired about my
