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SRI LANKA'S LAWS

Governor Manning Reforms 1919

15217 No. 29

THE GOVERNOR to THE SECRETARY OF STATE
(Received 10th March, 1919.)

(Confidential.)

Queen's House, Colombo, 7th February, 1919.

My Lord

In continuation of my despatch No. 12, of the 10th January, 1919,* I have the honour to forward herewith two copies of a print containing the Presidential address and the several resolutions passed at the "Ceylon Reform' Conference' held at Colombo on the 13th and 14th December, 1918.

2 I also enclose a list of the delegates to the Conference, together with summary of the nationalities to which they belong. It will be seen that the important Burgher community was represented by only one delegate, whose presence has been the subject of considerable adverse comment by the responsible men of that community; that only three Mohammedans were present; and that the great majority - eighty-seven out of one hundred and eleven - of the delegates are low-country Sinhalese, nearly all of whom reside in the Western Province.

3. I would also point out that no less than fifty seven out of the one hundred and eleven delegates belong to the legal profession. It is also interesting to note that at least twenty-five out of the eighty-seven low-country Sinhalese belong to the Karawa or Fisher caste, the members of which, though frequently possessed of considerable wealth, command no respect and possess little influence among tin mass of the Sinhalese population - as has recently been brought prominently to my notice by the fact that the appointment of a Karawa caste man, admittedly are efficient and worthy officer, to be a mudaliyar in the Southern Province, has resulted in vigorous protests from the peasantry, who belong to the Goigama caste, and threats of resignation en masse by the minor headmen.

4. Among the Sinhalese of other castes I notice several names which will have become familiar to yon from papers connected with the riots of 1915- Dr Hewavitarne, several members of the notoriously disloyal Corea family, several of the Dias family (for which see the papers as to the Panadure riots), D. S Senanayake, popularly supposed to be one of the persons who financed the organization of the riots, and Muttukrishna the editor of a seditious daily newspaper

5. In brief, it may he said that very few of the persons present at the Conference are men of standing in the country, and the Conference as a. body has no claim to represent the opinions of the people of Ceylon. So far as it represent anything beyond the individual opinions of the members, it is the views of a small section of the Colombo Bar and of a small body of Western educated men, mostly of low caste, who appear to be endeavouring to secure by political agitation a public prominence which they would otherwise have no hope of attaining.

6. On the other hand, it may he admitted that the section of the low-country Sinhalese who are so prominent in this agitation contains amongst it individuals who are progressive business men, and who are anxious to find themselves in a position to take a part in Government affairs, which is unlikely under present conditions, and in view of their, for the most part, uninfluential positions in the community and the want of respect among the higher castes which they inspire.

Their object is to obtain access to the Legislative Council by election, since by nomination such a consummation is improbable. The elective principle. under a broad franchise to include the majority of the castes to which they for the most part belong, would, they believe, result in some cases in their return to the Legislative Council.

7. I have taken the opportunity since I have been in Ceylon of discussing this particular point with the higher castes of the Sinhalese population, and among them with those who are considerable landholders and of position and influence. They, in their position, are naturally hardly complacent that the low-country Sinhalese should find themselves represented in Legislative Council for the most part by a class with which they have little or nothing in common, and which they regard with little respect, as representing a section of the community which, though numerous, is not held in much esteem. There is the same difficulty which must arise in countries where caste prejudice exists, and from what I can gather here it is even unlikely that, if the elective principle were to be established, those of the higher castes desirous of representing their communities would consent to contest a constituency where a man of lower caste was also standing. I do not wish it to be understood that I support these views, but 1 merely bring them forward as showing the extent to which caste prejudice seems likely to go, and to emphasize what 1 think may be the result of the inauguration of the elective system, namely, that, unless the higher caste men will sink their prejudices and come forward for election, when I think a certain number of them would be elected, there would be a Council composed, on the elected side, largely of men of the lower castes, who would not carry with there the respect of the general community, and in whom the community, at any rate at first, would have no confidence.

8. It is possible. and even likely. when the elective principle had been established for some time (and, assuming that, the lower caste men had succeeded in entering the Council in numbers), that the actions of these members, by arousing the feelings of the higher caste and of the landed and niece influential people, might, conduce to a determination on the part, of the latter either to endeavour to obtain admission to the Council and to stand for election or to place their reliance on Government to protect their interests when assailed.

9, I have met with parallel circumstances in Jamaica, where, owing to the supineness of the better classes and their repugnance to be associated with certain members on the Elected Side of the Council, men of no standing in the community and with no stake in the country, have been elected as their representatives lid where again those affected have claimed the protection of Government for their interests. But I found no difficulty there, as I should find none here, in pointing out that unless they were prepared to protect their own interests by standing for election to the Council it would and must he accepted that the member returned for their constituency represented the views of the majority in that constituency

10. 1 feel consequently that, whatever may be the standing in the community of the few who are agitating for reform, thieve is little necessity to pay too much attention to the situation set out above.

11. The point at issue, however, is whether the reform of the Council it really demanded by the majority of the community.

To this question I should answer "No," for the main reason that the majority of the community is inarticulate. and even if approachable on such a subject would have no views.

12. 1 would not, however, on that count decide that reform is not desirable. 1 am in agreement up to a point, that the elective system could be introduced, but I am not prepared to say that, the advantages claimed for it by its partisans am likely to be fully realized in the present conditions of this community.

There is, in my opinion, little Parliamentary sense in the present partly nominated Unofficial, and partly Elected, Council. very little independence of thought and less of action, and too great a fear of Press and other criticism, and I doubt whether the introduction of the elective system will lead to much improvement.

13. But, with proper precautions to preserve to the Government powers to legislate in matters of paramount importance I see no reason to object to an elective, system based mainly on territorial representation, keeping at the same time the means for giving representation in the Council, by nomination to the Unofficial side, to the European, Burgher, Kandyan, and Mohammedan communities, and possibly also by nomination to the Government side. I am not ready yet to put forward a scheme for final decision. and shall not be until the various communities who desire to place their views before me have formulated and submitted them to me.

14. I desire to criticize the several resolutions of the National Conference on Constitutional Reforms, as forwarded to you in my despatch of 10th January of this year.

Resolution 11.-" This Conference is of opinion that the system of Crown Colony administration which has prevailed in this island for over a hundred years is unsuited to its needs and conditions, and inconsistent with British ideals, hinders the development and progress of the people, and is detrimental to their welfare; and that a reform of the Constitution and Administration is imperatively required, and a vigorous development of self-governing institutions, with a view to the realization of responsible government in the country as an integral part of the British Empire."

I do not agree with this statement_ The system of Crown Colony Govern ment in this island has been, as you are well aware, beneficent in its nature, and has made for the great development of the resources of the island and for its progress. The community, as a whole, may become fitted by education in constitutional methods in the future to advance towards more liberal ways of self-government, but it is by no means in that condition at present.

Resolution III. -"This Conference is of opinion that, reforms more liberal than those deemed necessary for India by the. Secretary of State for India and the. Viceroy, and set forth in their report of 22nd April, 1918, should be immediately granted to Ceylon, which, while akin to India in race and culture, has conditions more favourable for political development."

With this I entirely disagree. The conditions which are stated to be more favourable than in India for political development may exist, but that is comparative; and 1 doubt if the masses of the population here have any more advanced ideas as to what is meant by "political development" in any form than the masses in India may have.

Resolutions. IV. ---" That the Legislative Council of Ceylon should be enlarged and reconstituted so as to contain a substantial majority of members elected upon the basis of a territorial electorate with a broad franchise, with due safeguards for minorities."

The enlargement of the Council to enable the nine Provinces each to send up a member to Legislative Council 1 think may be reasonable, together with representation of the European, Burgher, Kandyan, Mohammedan, and possibly the Indian, communities, but I would not propose a substantial majority of Elected Members; on the contrary, I should consider such a proposal undesirable at first, and at any rate until the reformed Council had progressed in its ideas of Parliamentary methods, even if then. As to the "broad franchise," this, I think, is advisable, if only for the reason that it would prevent the possibility of whole sale corruption at the elections: a contingency which I am given to understand would be by no means improbable if the franchise were more limited.

Resolution V--- " That the Executive Council of Ceylon should be so reformed that half the number. of its members shall he Ceylonese Elected Members of the Legislative Council, who shall he in charge of Departments "

To this I do not agree. The proposal is in effect to create Ministers in charge of Departments to sit in the Executive Council (analogous to the Cabinet.), to be elected from the Elected side (analogous to the Opposition). I am of opinion that it would be most inadvisable to have as a member of the Executive Council of the Colony an Elected Member of the Legislative Council. I speak from experience of the Legislative Council of Jamaica where such a proposal would have been unworkable and most undesirable, but where the Parliamentary sense was much more highly developed than it is in Ceylon. I would, however, agree, and it is possible that I shall later on propose, that Unofficial nominated Members from the Government side of the Legislative Council should sit upon the Executive Council, and probably as an alternative that there shall be members of the Executive Council who shall not even be members of the Legislative Council. But with the resolution as it stands I wholly disagree.

Resolution VI --- "That a proportion of not less than thirty three per cent., increasing annually by two per cent up to seventy-five per cent., of the higher appointments in Ceylon Civil Service and other branches of the public service should he filled by Ceylonese."

That there shall be appointments of Ceylonese to the higher poets of the Ceylon Civil Service and to other branches of the public service I agree, and there are Ceylonese officers so appointed at this moment; and when officers prove by their merit that they are fitted for such appointments there will be no hesitation in appointing them. But that such appointments should arbitrarily be filled by Ceylonese up to seventy-five per cent., whether men fitted or not can he found, requires no argument from me to enforce my dissent from such a proposition.

Resolution VII -" That there should be complete popular control of Municipal Councils and other local bodies in Ceylon. urban and rural, with elected Chairmen and elected majorities"

With this I disagree. As in political, so in Municipal and Local Board matters, the Ceylonese will require years of apprenticeship to understand their responsibilities. The gradual development, of Municipal and Local Board government will educate the people to what is required of them, and proposals fur the further development of these institutions are before me now; but to hand over those bodies to the people to manage for themselves at this juncture would he unwise and impracticable. It is by gradual education upon Municipal Councils and Local Boards that the masses in Ceylon will begin to understand political development, but at the present moment there is little such understanding amongst them.

The remainder of the resolutions require no comment from me.

I would add, in conclusion, that I am not opposed to the proposal for a moderate step in advance for wider representation in the Legislative Council, not because I think the conditions here urgently demand it, but because, since the infection of political reform from India has reached Ceylon (and so far as a comparison between the general enlightenment of the people of Southern Madras and the people of Ceylon is possible I conclude that Ceylon has the advantage), I believe it, would be difficult to give adequate reasons for refusing some political advancement to Ceylon when a less advanced community in South India was shown to be about to reap all the benefits of a reform scheme, now under consideration.

As 1 have already remarked. 1 have under consideration a proposal for altering the constitution of the Legislative Council, but I am not yet in a position to set out my final proposal; nor shall I be until I have received the views of the various communities interested in the matter, and I do not. propose to deal with the subject finally until I have been able fully to discuss it. with those whose, views should guide me in forming a correct conclusion upon so important a subject.

I have &c

W. II. MANNING,
Governor

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