cHAP. Iv] IMMIGRATION OF COLOURED RACES 1095
vided by Ordinance No. 35 of 19011 if it can be adapted to
that purpose.
There remains the question whether new-comers should be
compelled without exception to trade in bazaars or locations.
[t seems certain that those who will come in under the pro-
posed Immigration Restriction Ordinance, and they should
be very few, will not be Asiatics of a low class, and will not,
therefore, be such persons as could properly be required for
sanitary reasons to reside in a special location. I am of
opinion, that until it is proved that the Immigration Restric-
tion Ordinance has failed to limit the influx to a minimum
as it is expected to do, and in view of the absence of any
legislation of the kind in the Cape Colony or Natal, the
Ordinance to be passed in the present session should not
limit the right of new-comers in respect of trade.
The two Ordinances which the Transvaal Government
propose to pass during the present session of the Council
should contain a suspending clause, or be reserved for the
signification of His Majesty’s pleasure.
As a matter of fact, all this time Asiatics were kept from
re-entering the Colony under the Peace Preservation Ordinance
No. 5 of 1903, which was merely a measure aimed at excluding
persons likely to disturb the public peace. In 1906, just
before responsible government, the Legislature passed an
Asiatics Law Amendment Ordinance, requiring the registration
of all resident Asiatics. The law was disallowed by the
Imperial Government, but a similar law (No. 2) was at once
introduced on the assembling of the first responsible-govern-
ment Legislature late in that year, and passed unanimously in
both Houses, so that the Imperial Government assented to
it as ‘ they would not be justified in offering resistance to
the general will of the Colony clearly expressed by its first
elected representatives ’,2 although Lord Elgin’s dispatch
went on to say that His Majesty’s Government did not con-
sider the position of natives lawfully resident in the Transvaal
as settled by the Act satisfactory. Worse remained from
the Indian point of view ; an Act, No. 15 of 1907, was passed
to restrict immigration, which was intended to exclude from
This Ordinance was passed under Crown Colony Government to enable
the Government to free coloured persons of superior status from the
degrading restrictions necessarily imposed on ordinary coloured persons.
* Parl. Pap., Cd. 3887, p. 9. Cf. Cd. 3251, 3308; H. C. 65, 1907.