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South Africa and the Transvaal War, Vol. 1 (of 6) - From the Foundation of Cape Colony to the Boer Ultimatum - of 9th Oct. 1899
by Louis Creswicke
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"There can be no better evidence of our earnest endeavour to repair what we regarded as a mistake on the part of Dr. Jameson than the following offer which our deputation, authorised by resolution of the Committee, laid before the Government Commission:—

"'If the Government will permit Dr. Jameson to come into Johannesburg unmolested the Committee will guarantee, with their persons if necessary, that he will leave again peacefully as soon as possible.'

"We faithfully carried out the agreement that we should commit no act of hostility against the Government; we ceased all active operations for the defence of the town against any attack, and we did everything in our power to prevent any collision with the burghers, an attempt in which our efforts were happily successful.

"On the telegraphic advice of the result of the interview of the deputation with the Government Commission, we despatched Mr. Lace, a member of our Committee, as an escort to the courier carrying the High Commissioner's despatch to Dr. Jameson, in order to assure ourselves that the despatch would reach its destination.

"On the following Saturday, January 4, the High Commissioner arrived at Pretoria. On Monday, the 6th, the following telegram was sent to us:—

From H.M.'S AGENT to REFORM COMMITTEE, Johannesburg.

"'PRETORIA, January 6, 1896.

"'January 6.—I am directed to inform you that the High Commissioner met the President, the Executive, and the Judges to-day. The President announced the decision of the Government to be that Johannesburg must lay down its arms unconditionally as a (condition) precedent to a discussion and consideration of grievances. The High Commissioner endeavoured to obtain some indication of the steps which would be taken in the event of disarmament, but without success, it being intimated that the Government had nothing more to say on the subject than had already been embodied in the President's proclamation. The High Commissioner inquired whether any decision had been come to as regards the disposal of the prisoners, and received a reply in the negative. The President said that as his burghers, to the number of 8000, had been collected and could not be asked to remain indefinitely, he must request a reply, "Yes" or "No," to this ultimatum within twenty-four hours.'

"On the following day, Sir Jacobus de Wet, her Majesty's Agent, met us in committee, and handed to us the following wire from his Excellency the High Commissioner:—

HIGH COMMISSIONER, Pretoria, to Sir J. DE WET, Johannesburg.

(Received Johannesburg 7.30 A.M., Jan. 7, 1896.)

"'Urgent. You should inform the Johannesburg people that I consider, that if they lay down their arms, they will be acting loyally and honourably, and that if they do not comply with my request, they forfeit all claim to sympathy from her Majesty's Government, and from British subjects throughout the world, as the lives of Jameson and prisoners are practically in their hands.'

"On this, and the assurance given in the Executive Council resolution, we laid down our arms on January 6th, 7th and 8th; on the 9th we were arrested, and have since been under arrest at Pretoria, a period of three and a half months.

"We admit responsibility for the action taken by us. We frankly avowed it at the time of the negotiations with the Government, when we were informed that the services of the High Commissioner had been accepted with a view to a peaceful settlement.

"We submit that we kept faith in every detail in the arrangement with the Government; that we did all that was humanly possible to protect both the State and Dr. Jameson from the consequences of his action; that we have committed no breach of the law which was not known to the Government at the time that the earnest consideration of our grievances was promised.

"We can only now lay the bare facts before the Court, and submit to the judgment that may be passed upon us.

(Signed) LIONEL PHILLIPS. FRANCIS RHODES. GEORGE FARRAR.

"PRETORIA, April 24, 1896."

"I entirely concur with the above statement.

(Signed) JOHN HAYS HAMMOND.

"PRETORIA, April 27, 1896."

AFTER DOORNKOP

The account given by Sir John Willoughby serves to explain the doings of the Jameson troops. We all know how the raiders were surrounded by the Boers, who had ample time to lay an excellent trap for them, and how, after a plucky charge, they were forced to surrender. Before surrendering, however, Dr. Jameson obtained from Commandant Cronje, of Potchefstroom notoriety, a guarantee that the lives of the force would be spared.

During this exciting period, when the failure of Jameson became known, the consternation that prevailed in Johannesburg was terrible. Panic-stricken women and children fled to the railway stations, and the Cornish miners scrambled with them for places in the departing trains. In the heat of January the poor refugees started off provisionless, leaving all their worldly goods behind them, their one care to be far away from the horrors that might take place in a besieged town. In the train they were packed like herrings in carriages or in cattle trucks, that would barely accommodate them.

In addition to these miseries an awful accident took place on the Natal line, when a train loaded with refugees ran off the rails. Thirty-eight women and children were killed.

In Johannesburg the Reformers had a harassing time. Their offices were besieged by people clamouring for arms. They had no rest night nor day, and their anxiety for the safety of Jameson and his party was intense. For themselves they were unconcerned, believing that their share in the matter was unknown, and that the Government was without a particle of evidence against them. And here we find that another blunder was made. Major Robert White, one of the raiders, had brought with him a despatch-box containing the key to a cypher, which had been used during the whole of the negotiations, and with it the names of the principal persons engaged in the conspiracy. Of course, this fell into the hands of the enemy, who were not slow to take advantage of their good luck.



On the evening of Jameson's surrender (Thursday), Sir Hercules Robinson (Lord Rosmead), left the Cape for the scene of the disturbance. The train he travelled by met with an accident; he was infirm—his nerves were shaken. The President refused to be interviewed on the Sabbath, and the result of his journey was a single meeting with Mr. Kruger, but the British Resident, Sir Jacobus de Wet, and Sir Sidney Shippard, were deputed to address and pacify the perturbed multitude in Johannesburg. The Uitlanders, they promised, should get their just rights—that her Majesty's Government would ensure—but they must first give up their arms: the fate of Jameson depended on it! The Reform leaders at this time knew nothing of the terms of the surrender, and the guarantee given by Commandant Cronje, or, perhaps, they knew too well what Cronje's guarantees were likely to be worth; and much against their better judgment, believing that their rights would be secured and the safety of Jameson effected, they eventually consented to disarmament.

As we know, the conspirators had been short of arms—they had about 2500 guns in all. When these were given up the Boers were dissatisfied. They had reason to believe that some 20,000 guns were to be supplied as part of the scheme, and suspected that the Reformers were concealing the existence of many weapons. The word of honour of the leaders produced no effect, and energetic search through floors and in the mines was carried on for some months afterwards.

Of course, this disarmament immediately threw the Reformers into the clutches of the Pretoria Government. The authorities made haste to issue warrants for the arrest of sixty-four of the most prominent men of the movement; this in spite of the assurance made to the British agent that "not a hair of their heads should be touched"! Mrs. Phillips has reason to speak very bitterly of the mismanagement of the High Commissioner on this occasion. Having done his gruesome work, she says, "he returned to Cape Town, leaving Johannesburg absolutely at the mercy of the Boers. He actually effected the disarmament of this large town without making one single condition for its safety, and from that day the most signal acts of tyranny and injustice were committed over and over again by the Boer Oligarchy, and there was no one to say them nay. This was a critical event for English supremacy in South Africa, this final act of supreme weakness and folly! Many of her most loyal subjects from that moment have wavered on the brink, and some have gone over to the side of the Africander Bond. It is such actions as these which estrange the Colonists, and which give a little reality to the bondsman's dream of a United South Africa under a Republican flag."

For the benefit of those who may not be acquainted with the negotiations which brought about this unfortunate disarmament, it may be as well to repeat some of the correspondence that passed between Sir Hercules Robinson and Mr. Chamberlain at this critical period.

Sir HERCULES ROBINSON, Pretoria, to Mr. CHAMBERLAIN.

(Telegraphic. Received 1.8 A.M., 6th January 1896.)

"5th January, No. 3. Arrived here last night. Position of affairs very critical. On side of Government of South African Republic and of Orange Free State there is a desire to show moderation, but Boers show tendency to get out of hand and to demand execution of Jameson. I am told that Government of South African Republic will demand disarmament of Johannesburg as a condition precedent to negotiations. Their military preparations are now practically complete, and Johannesburg, if besieged, could not hold out, as they are short of water and coal. On side of Johannesburg leaders desire to be moderate, but men make safety of Jameson and concession of items in manifesto issued conditions precedent to disarmament. If these are refused, they assert they will elect their own leaders and fight it out in their own way. As the matter now stands, I see great difficulty in avoiding civil war, but I will do my best, and telegraph result of my official interview to-morrow. It is said that President of South African Republic intends to make some demands with respect to Article No. 4 of the London Convention of 1884."

Mr. CHAMBERLAIN to Sir HERCULES ROBINSON. (Telegraphic. 6th January 1896.)

"6th January. No. 3. It is reported in the press telegrams the President of the South African Republic on December 30 held out definite hopes that concessions would be proposed in regard to education and the franchise. No overt act of hostility appears to have been committed by the Johannesburg people since the overthrow of Jameson. The statement that arms and ammunition are stored in that town in large quantities may be only one of many boasts without foundation. Under these circumstances, active measures against the town do not seem to be urgently required at the present moment, and I hope no step will be taken by the President of the South African Republic liable to cause more bloodshed and excite civil war in the Republic."

These are followed by further correspondence.

Sir HERCULES ROBINSON, Pretoria, to Mr. CHAMBERLAIN. (Telegraphic. Received 7th January 1896.)

"6th January. No. 2. Met President South African Republic and Executive Council to-day. Before opening proceedings, I expressed on behalf of her Majesty's Government my sincere regret at the unwarrantable raid made by Jameson; also thanked Government of South African Republic for the moderation shown under trying circumstances. With regard to Johannesburg, President of South African Republic announced decision of Government to be that Johannesburg must lay down its arms unconditionally as a precedent to any discussion and consideration of grievances. I endeavoured to obtain some indication of the steps that would be taken in the event of disarmament, but without success, it being intimated that Government of South African Republic had nothing more to say on this subject than had been already embodied in proclamation of President of South African Republic. I inquired as to whether any decision had been come to as regards disposal of prisoners, and received a reply in the negative. President of South African Republic said that as his burghers, to number of 8000, had been collected and could not be asked to remain indefinitely, he must request a reply, 'Yes' or 'No,' to this ultimatum within twenty-four hours. I have communicated decision of South African Republic to Reform Committee at Johannesburg through British Agent in South African Republic.

"The burgher levies are in such an excited state over the invasion of their country, that I believe President of South African Republic could not control them except in the event of unconditional surrender. I have privately recommended them to accept ultimatum. Proclamation of President of South African Republic refers to promise to consider all grievances which are properly submitted, and to lay the same before the Legislature without delay."

On January 7, Mr. Chamberlain replied:—

"No. 1. I approve of your advice to Johannesburg. Kruger will be wise not to proceed to extremities at Johannesburg or elsewhere: otherwise the evil animosities already aroused may be dangerously excited."

And on the same day Sir Hercules Robinson telegraphed:—

"No. 1. Your telegram of January 6, No. 2. It would be most inexpedient to send troops to Mafeking at this moment, and there is not the slightest necessity for such a step, as there is no danger from Kimberley Volunteer Corps or from Mafeking. I have sent De Wet with ultimatum this morning to Johannesburg, and believe arms will be laid down unconditionally. I understand in such case Jameson and all prisoners will be handed over to me. Prospect now very hopeful if no injudicious steps are taken. Please leave matter in my hands."

It is unnecessarily humiliating to dwell further on the astute manner in which Mr. Kruger played with the British Government while he kept Jameson and his party in durance vile, and in the agonies of mental suspense—or to dilate upon the treacherous means he employed to induce the Reformers and the town to lay down their arms. The British Agent distinctly promised that "not one among you shall lose his personal liberty for a single hour," and further declared "that the British Government could not possibly allow such a thing."

Yet the British Government calmly looked on while the Reform leaders were arrested and kept in Pretoria Gaol, at the mercy of a fiend in human shape named Du Plessis, whose atrocious conduct and character eventually caused him to be reported to the High Commissioner.

As an example of the way prisoners were treated, Mrs. Lionel Phillips may again be quoted:—

"It is well known," she writes, "that one of Jameson's troopers on the way down, falling ill, was taken prisoner by some Boers, and kept at their farmhouse some days. He was tied up, and forced to submit to all sorts of ill-treatment, being given dirty water to drink, for instance, when half-dying of thirst. But his captor's wife had compassion on him, and at the end of several days, to his surprise, he was told that he was to be allowed to go free. The Boers gave him his horse, mounted him, and informed him the one condition they made was that he was to ride away as fast as he could. He naturally obeyed, and as he galloped off had several bullets put into him, poor fellow. That is a very favourite and well-known method of Transvaal Boer assassination. It gives them the pretext that a prisoner had been trying to escape."

Mrs. Phillips relates also the horrible experiences of her husband, who was one of the Uitlanders conspicuous in the Reform movement.

"Lionel (her husband), George Farrar, Colonel Rhodes, and J. H. Hammond were put into one cell, twelve feet square, without windows, and were locked up there the first three nights for thirteen hours. Then the prison doctor insisted on more space being allotted to them, and the door, which communicated with a courtyard twenty feet square, was left open at night. This was the space in which they were permitted to take exercise. They were not allowed to associate with their fellows at first. In January, in Pretoria, the heat is intense, quite semi-tropical indeed, the temperature varying from 90 to 105 degrees in the shade. As the weather happened to be at its hottest, the sufferings of these men were awful. The cells, hitherto devoted to the use of Kaffirs, swarmed with vermin and smelt horribly; while to increase their miseries, if that were possible, one of their number was suffering from dysentery, and no conveniences of any kind were supplied. With these facts in mind, any attempt to describe what the prisoners underwent would be superfluous. Add to all these hardships their mental sufferings, and then judge of their state."



Can anything be more pathetic than the description of the state of these men given by the wife of one of them—men who had been driven to hatred and revolt by an inefficient, exclusive, and unscrupulous Government, which was endeavouring to reduce the subjects of a suzerain power to the level—to the, to them, despicable level—of the Kaffirs? Of the fate of these unhappy sufferers we have yet to speak.

THE FATE OF RAIDERS AND REFORMERS

Dr. Jameson, as we all know, was sent with his comrades to England to be dealt with by the laws of his country. He and his officers were tried and convicted under the Foreign Enlistment Act. Much sympathy was shown him by the vast British public, and little for the Reformers, who, whatever their part in the affair, had to suffer most. They endured mental torture, and bodily discomfort of all kinds—discomfort so acute that it brought on some active illness, and caused one to commit suicide. A Judge from the Orange Free State—Judge Gregorowski—who took an unctious joy in the proceedings, was imported to try them, and he revived or unearthed an old Roman Dutch law of treason for the purpose of sentencing them to death. This sentence was fortunately not carried out, but it served to keep the Reformers and all connected with them in a state of agonised suspense. Besides these sufferers from the effects of the Raid, there were others. Mr. Rhodes is said to have exclaimed, "I have been the friend of Jameson for twenty years and now he has ruined me!" The statement was somewhat exaggerated, but there is no doubt that Mr. Rhodes, besides having to resign the posts he occupied, lost much of the sympathy of the Cape Dutch. The Uitlanders, also, who had previously enjoyed this sympathy now forfeited it, all the Dutch being inclined to quote the impulsive act of Dr. Jameson as an example of British treachery, and to look upon Mr. Kruger in the light of a hero. Indeed, many of the British, who took merely an outsider's interest in the state of affairs, laboured under the impression that Mr. Kruger was a simple-minded, long-suffering, and magnanimous person. They did not trouble themselves to go deeply into the incessant annoyances and injustices that for many years had harried the lot of the Uitlanders and caused them at last to lose patience and revolt against oppression. Even now there are people who lean to the belief that the coarse nut of Boer character may possess a sound kernel, people who prefer to hug that belief rather than inform themselves by reading what Mr. Rider Haggard, Mr. Fitzpatrick, and other well-informed men have to say on the subject.

When all efforts to work upon Mr. Kruger failed, the wives of the unhappy men applied to "Tante Sanne," as the President's wife is called, and begged her intervention. She said, "Yes, I will do all I can for you; I am very sorry for you all, although I know that none of you thought of me that night when we heard Jameson had crossed the border, and we were afraid the President would have to go out and fight, and when they went and caught his white horse that he has not ridden for eight years. But all the same I am sorry for you all."

The wives of the Boers are very powerful, and it is possible that Mrs. Kruger may have prevailed in some way over her husband, for at last, after five weary months of imprisonment, after delays, suspenses, and alarms too numerous to be here recounted, the prisoners, on the 11th of June 1896, were released. They were required to pay a fine of L2000, and to sign a pledge not to interfere with politics for three years. It was owing to this pledge that the valuable book, "The Transvaal from Within," which has here been quoted, was not published till affairs therein set forth had come in 1899 to the painful climax of war! Mr. Lionel Phillips, however, was not so wise as Mr. Fitzpatrick. When Sir John Willoughby in 1897 attacked the Reform Leaders of Johannesburg in the Nineteenth Century, Mr. Phillips replied to it in the same Review, August 1897, defending himself and his comrades from the charges made. In consequence of this action Mr. Phillips was considered to have broken his pledge and was condemned by the Transvaal Government to banishment. Doubtless it was without much regret that he shook the dust of that ill-conditioned State from off his shoes.

THE ULTIMATUM

After the turmoil of 1896 affairs declined from bad to worse. The state of tension between the oppressed Uitlanders and the now suspicious Boers became from day to day and year to year more acute, till at last it was almost unbearable. The incompetence of the police showed that robbery, and even murder, might at any moment be perpetrated and go unpunished, and alarm on this score was not allayed by the action of a constable in shooting dead a Uitlander named Edgar for having met his insults with a blow.

To thoroughly appreciate the misery and insecurity of the Uitlanders, the atrocity of the Government, and the uncloaked hostility to Great Britain that has existed till now, we may quote a description of the situation given last year by Professor James Liebmann. He wrote:—

"In the Transvaal a state of things reigns supreme which cannot be surpassed by the most corrupt of South American Republics. There the Boer shows his character in its most unpleasant features. Low, sordid, corrupt, his chief magistrate as well as his lowest official readily listens to 'reasons that jingle,' and, like the gentleman in the 'Mikado,' is not averse to 'insults.' He calls his country a republic—it is so in name only. The majority of the population, representing the wealth and intelligence of the country—the Uitlanders—are refused almost every civil right, except the privilege of paying exorbitant taxes to swell an already overgorged treasury. Under this ideal(?) government, which is really a sixteenth-century oligarchy flourishing at the end of the nineteenth, and is, certainly not a land where

'A man may speak the thing he will,'

you have a press censorship as tyrannical as in Russia, a State supervision of telegrams, a veto on the right of public meeting, a most unjust education law, and an Executive browbeating the Justiciary; and, in order to accomplish so much, the Transvaal has closed its doors to its kinsmen in Cape Colony—for you must not forget that the oldest Transvaalers, from President Kruger downwards, are ex-Cape Colonists, and quondam British subjects—and imported a bureaucracy of Hollanders to plait a whip wherewith to castigate her children.

"On the Rand, at present, the Uitlanders are voiceless, voteless, and leaderless, whilst, on the other hand, large quantities of arms have been introduced into the country, and the burghers, every one of them, trained in the use of these weapons. Fortifications have been raised at Johannesburg and Pretoria, to cowe those who are putting money into the State's purse, and for this purpose the President has acquired the services of German military officers who will find congenial employment in thus dragooning defenceless citizens.

"This is the state of affairs in the South African so-called Republic in this year of grace (1898), which, according to the Convention, granted equal rights to Briton and to Boer."

This being no exaggerated picture of the situation, it is small wonder that at last the Uitlanders determined to bear the burden no longer, but set their grievances before the Queen. Early in the new year the following petition was forwarded to her Majesty:—

"Humble Petition of British Subjects resident on the Witwatersrandt Gold Fields to her Britannic Majesty Queen Victoria.

"1. Your loyal subjects on these fields are by law denied the free right of possessing such arms as may be necessary to protect their lives and property, and such obstacles are placed in their way as to render the obtaining of the necessary official permit almost impossible. Consequently the Uitlander population of this State is to all intents and purposes an unarmed community.

"2. On the other hand, the whole of the burgher section of the community, irrespective of age, are permitted to possess and carry arms without let or hindrance, and are, in fact, on application, supplied with them by the Government free of charge.

"3. The police force of this State is exclusively recruited from the burgher element, many of the police being youths fresh from rural districts, without experience or tact, and in many instances without general education or a knowledge of the English language; therefore, as a whole, entirely out of sympathy with the British section of the community, which forms the majority of the population.

"4. The foot police of Johannesburg, in whose appointment and control we have no voice, is not a military force; yet its members not only carry batons, but are also armed with six-chambered military revolvers, invariably carried loaded.

"5. Under these circumstances, given an unarmed community policed by a body of inexperienced rustics carrying weapons of precision and utterly out of sympathy with the community they are supposed to protect, it is not surprising that the power placed in the hands of this police force should be constantly abused.

"6. For years past your subjects have in consequence had constantly to complain of innumerable acts of petty tyranny at the hands of the police.

"7. During the last few months, however, this antagonistic attitude of the police has assumed a much more serious and aggressive aspect. Without warrant they have invaded private houses and taken the occupants into custody on frivolous and unfounded charges never proceeded with; violently arrested British subjects in the streets on unintelligible charges: and generally display towards your Majesty's subjects a temper which undoubtedly tends to endanger the peace of the community. In adopting this demeanour the police are supported, with but a few honourable exceptions, by the higher officials, as instanced by the continual persecution in the Courts of many of your Majesty's coloured subjects at the very time when negotiations are proceeding between your Majesty's Representative and the Transvaal Government with regard to their status. This feeling is also strongly evidenced in the particular case which we now bring to your Majesty's notice.

"8. The lamentable tragedy which has been the immediate cause of this our humble Petition cannot, therefore, be regarded as incidental, but symptomatic.

"9. This case is that of the shooting of Tom Jackson Edgar, a British subject, by Police-Constable Barend Stephanus Jones, a member of the Johannesburg Constabulary.

"10. From the accompanying affidavits, already published and sworn by eye-witnesses of the tragedy, it would appear that the deceased, while in the occupation of his own house, was shot dead by Police-Constable Barend Stephanus Jones as the latter was in the act of unlawfully breaking into the house of deceased without a warrant.

"11. Police-Constable Barend Stephanus Jones, though in the first instance placed in custody on a charge of murder, was almost immediately afterwards let out on bail by the Public Prosecutor, who, without waiting for any Magisterial inquiry, reduced the charge, on his own initiative, to that of culpable homicide.

"12. The bail on which the prisoner was released was the same in amount—namely, L200—as that required a few days previously from an Uitlander charged with a common assault on a Member of the Government Secret Service, and the penalty for which was a fine of L20.

"13. The widow and orphan of the late Tom Jackson Edgar have been left absolutely destitute through the death of their natural protector.

"14. To sum up: We humbly represent to your Majesty that we, your loyal subjects resident here, are entirely defenceless since—(1) The police are appointed by the Government, not by the Municipality; (2) We have no voice in the Government of the country; (3) There is no longer an independent Judiciary to which we can appeal; (4) There is, therefore, no power within this State to which we can appeal with the least hope of success; and as we are not allowed to arm and protect ourselves, our last resource is to fall back on our status as British subjects.

"We therefore humbly pray: That your Majesty will instruct your Representative to take such steps as will ensure (a) a full and impartial trial, on a proper indictment, of prisoner Police-Constable Barend Stephanus Jones, and adequate punishment for his offence, if found guilty; (b) proper provision by the Transvaal Government for the needs of the widow and orphan of the deceased Tom Jackson Edgar, killed by their agent; (c) the extension of your Majesty's protection to the lives, liberty, and property of your loyal subjects resident here, and such other steps as may be necessary to terminate the existing intolerable state of affairs.

"And your petitioners will ever pray, &c."

Of course, this move enraged the authorities of the Transvaal, who tried to prove the existence of a plot against the Republic, and even to represent that British military officers were implicated in it. But Sir Alfred Milner exposed the little machinations of the "secret service" people, so that their duplicit efforts were not crowned with the hoped-for success. Mr. Steyn then succeeded Mr. Reitz as President of the Orange Free State, and his appearance on the political scene was the signal for an offensive and defensive alliance between the two Republics. Following the example set by President Brand, Mr. Steyn—in the character of umpire or peacemaker—assisted to promote a meeting at Bloemfontein between Sir Alfred Milner and President Kruger. The Uitlander Council drew up the following declaration:—

"The proposals submitted at the Bloemfontein Conference by his Excellency the High Commissioner were briefly:

"1. That the Uitlanders possessing a certain property or wages qualification, on proving that they had resided five years in the country and on taking an oath of allegiance, be given full burgher rights.

"2. That there should be such a distribution of seats as would give to the new-comers a substantial representation in the First Volksraad, but not such as would enable them to swamp the old burghers.

"All must admit that this scheme is most conservative, because—

"(a). It does not restore to the Uitlanders all the rights of which they have been unjustly deprived since the retrocession.

"(b). Nearly the whole revenue of the country is derived from the taxation of the Uitlanders.

"(c). The Uitlanders form at least two-thirds of the total white population. (This was practically admitted by President Kruger at the Conference.)

"(d). In most new countries one or two years' residence ensures full voting power. There is no reason why there should be more stringent conditions in operation in this State than in Natal or Cape Colony, or than those which existed until quite recently in the Orange Free State, and which were only changed from one to three years on account of the unhealthy political conditions in the South African Republic.

"Notwithstanding, however, the conservative character of the scheme, the Uitlander Council consider that the proposals of his Excellency the High Commissioner are calculated in no small degree to bring about a practical and permanent settlement. But in the opinion of the Uitlander Council, it is essential at the outset to fix definitely the conditions under which:

"1. All duly qualified persons can get the franchise without any unnecessary expense, trouble, or delay, and without being subjected to any kind of intimidation.

"2. Those who have got the franchise shall be able to use it effectively.

"3. Redistribution of seats shall take place periodically by automatic arrangement, and representation shall bear some definite relation to the number of electors.

"Having regard to the recent history of the Government of this country, and the facility with which even fundamental laws are and may be changed, the Uitlander Council are convinced that no settlement will be of any value unless its permanency is guaranteed by an understanding between the Imperial Government and the Government of the South African Republic.

"Further, knowing by past experience that every effort will be made by means of the existing Government machinery to obstruct and pervert even the smallest measure of reform, and bearing in mind the immense discretionary power accorded by the laws to all Government officials, the Uitlander Council are strongly of opinion that the understanding between the two Governments should provide for such immediate changes in the present laws of the country as would make it possible to carry out Sir A. Milner's scheme, not only in the letter, but also in the spirit.

"The outcome of the understanding between the two Governments should be the inclusion among the permanent and fundamental laws of the South African Republic of a Reform Act embracing, in addition to the clauses providing for naturalisation and redistribution on the lines already indicated, the following among other provisions:

"1. No burgher or alien shall be granted privileges or immunities which on the same terms shall not be granted to all burghers.

"2. No person shall, on account of creed or religious belief, be under any disability whatever.

"3. The majority of the inhabitants being English-speaking, English shall be recognised equally with Dutch as an official language of the State.

"4. The independence of the High Court shall be established and duly safeguarded.

"5. Legislation by simple resolution (besluit) of the Volksraad shall be abolished.

"6. The free right of public meeting and of forming electoral committees shall be recognised and established.

"7. The freedom of speech and of the press shall be assured.

"8. All persons shall be secured in their houses, persons, papers, and effects against violation or illegal seizure.

"9. The existence of forts and the adoption of other measures intended for the intimidation of the white inhabitants of the country, being a menace to the exercise of the undoubted rights of a free people, shall be declared unconstitutional.

"10. Existing monopolies shall be cancelled or expropriated on equitable conditions.

"11. Raad members must be fully enfranchised burghers and over twenty-one years of age. Any candidate for the Presidency must be a fully enfranchised burgher over thirty years of age, and have been resident in the country for ten years.

"12. All elections shall be by ballot and shall be adequately safeguarded by stringent provisions against bribery and intimidation.

"13. All towns with a population of 1000 persons and upwards shall have the right to manage their own local affairs under a general Municipal Act. The registration of voters and the conduct of all elections shall be regulated by local bodies.

"14. A full and comprehensive system of State Education shall be established under the control of Local Boards.

"15. The Civil Service shall be completely reorganised, and all corrupt officials shall be dismissed from office, and be ineligible for office in the future.

"16. Payments from the public Treasury shall only be made in accordance with the Budget proposals approved by the Raad, with full and open publication of the accounts periodically.

"17. No person shall become a burgher, and no fresh constituency shall be created except in accordance with the lines herein laid down, and officials shall have no discretionary power in this or any other matter affecting the civil rights of the inhabitants of the country."

The Conference was a complete failure. Mr. Kruger obstinately refused to make the proposed concessions, and Sir Alfred Milner would be contented with nothing less.



The President afterwards agreed to grant a "seven years' Franchise" on terms that were scarcely practicable, while the Secretary of State for the Colonies held out for the five years' Franchise at first demanded. The bargaining was pursued for some weeks with considerable animation, and in the end Mr. Kruger offered to allow the five years' franchise on what he knew to be the impossible condition, that the question of suzerainty should be entirely dropped.

The mobilisation of the burghers, which had been secretly on foot for some time, was forthwith carried on apace, and later—much too tardily—British patience gave way, and troops were despatched to South Africa. Then followed, on the 9th of October, an insulting ultimatum from President Kruger, demanding the immediate withdrawal of British troops from the Transvaal border, and an assurance that no more should be landed. In default of this assurance, he declared that at 5 P.M. on the 11th of October a state of war would exist. To such an ultimatum only one answer was possible. British troops at once started for the Cape.

Naturally the whole of Great Britain was in a state of turmoil, and the vast multitude of people—"the men in the street," so to say—were inclined to express surprise that the question of two years' difference in the terms of obtaining the franchise should have been made into a casus belli. To all thinking men it was patent, however, that the quibble about the franchise was merely a Boer ruse to obtain time for the carrying out of a long-concerted scheme for the elimination of the British from the Cape to the Zambezi. These were aware that the military methods of the Transvaal were under process of reorganisation, and indeed had been readjusted gradually ever since 1896, and that the simple methods of 1881 had been superseded by newer and more modern principles of warfare. It was known that great additions had been made to the warlike resources of the Republic, and that the President of the Free State was, if anything, more bitter than Mr. Kruger in his hatred of Great Britain and all things British, and that the two Republics would make common cause with each other against a mutual enemy. It was also known that foreign experts were imported, and foreign stocks of war material—material of the newest and most expensive kind—were prepared in anticipation of war, and that even such a thing as tactical instruction—a thing hitherto ignored among the Transvaalers—had been acquired from accomplished German sources, and all this for one sole purpose—war with Great Britain. In order that there may be no doubt that the Boers were completely prepared and determined to fight long before the insolent Ultimatum was published, it is desirable to read a letter which appeared in the Times of the 14th of October 1899. This epistle, which was appropriately headed "Boer Ignorance," emanated from a Dutch writer, whose address was in a well-known part of Cape Colony. It runs:—

"SIR,—In your paper you have often commented on what you are pleased to call the ignorance of my countrymen, the Boers. We are not so ignorant as the British statesmen and newspaper writers, nor are we such fools as you British are. We know our policy, and we do not change it. We have no opposition party to fear nor to truckle to. Your boasted Conservative majority has been the obedient tool of the Radical minority, and the Radical minority has been the blind tool of our far-seeing and intelligent President. We have desired delay, and we have had it, and we are now practically masters of Africa from the Zambezi to the Cape. All the Afrikanders in Cape Colony have been working for years for this end, for they and we know the facts.

"1. The actual value of gold in the Transvaal is at least 200,000 millions of pounds, and this fact is as well known to the Emperors of Germany and Russia as it is to us. You estimate the value of gold at only 700 millions of pounds, or at least that is what you pretend to estimate it at. But Germany, Russia, and France do not desire you to get possession of this vast mass of gold, and so, after encouraging you to believe that they will not interfere in South Africa, they will certainly do so, and very easily find a casus belli, and they will assist us, directly and indirectly, to drive you out of Africa.

"2. We know that you dare not take any precautions in advance to prevent the onslaught of the Great Powers, as the Opposition, the great peace party, will raise the question of expense, and this will win over your lazy, dirty, drunken working classes, who will never again permit themselves to be taxed to support your Empire, or even to preserve your existence as a nation.

"3. We know from all the military authorities of the European and American continents that you exist as an independent Power merely on sufferance, and that at any moment the great Emperor William can arrange with France or Russia to wipe you off the face of the earth. They can at any time starve you into surrender. You must yield in all things to the United States also, or your supply of corn will be so reduced by the Americans that your working classes would be compelled to pay high prices for their food, and rather than do that they would have civil war, and invite any foreign Power to assist them by invasion, for there is no patriotism in the working classes of England, Wales, or Ireland.

"4. We know that your country has been more prosperous than any other country during the last fifty years (you have had no civil war like the Americans and French to tone up your nerves and strengthen your manliness), and consequently your able-bodied men will not enlist in your so-called voluntary army. Therefore you have to hire the dregs of your population to do your fighting, and they are deficient in physique, in moral and mental ability, and in all the qualities that make good fighting men.

"5. Your military officers we know to be merely pedantic scholars or frivolous society men, without any capacity for practical warfare with white men. The Afridis were more than a match for you, and your victory over the Soudanese was achieved because those poor people had not a rifle amongst them.

"6. We know that your men, being the dregs of your people, are naturally feeble, and that they are also saturated with the most horrible sexual diseases, as all your Government returns plainly show, and that they cannot endure the hardships of war.

"7. We know that the entire British race is rapidly decaying, your birth-rate is rapidly falling, your children are born weak, diseased, and deformed, and that the major part of your population consists of females, cripples, epileptics, consumptives, cancerous people, invalids, and lunatics of all kinds whom you carefully nourish and preserve.

"8. We know that nine-tenths of your statesmen and higher officials, military and naval, are suffering from kidney diseases, which weaken their courage and will-power, and make them shirk all responsibility as far as possible.

"9. We know that your Navy is big, but we know that it is not powerful, and that it is honeycombed with disloyalty—as witness the theft of the signal-books, the assaults on officers, the desertions, and the wilful injury of the boilers and machinery, which all the vigilance of the officers is powerless to prevent.

"10. We know that the Conservative Government is a mere sham, and that it largely reduced the strength of the British artillery in 1888-89. And we know that it does not dare now to call out the Militia for training, nor to mobilise the Fleet, nor to give sufficient grants to the Line and Volunteers for ammunition to enable them to become good marksmen and efficient soldiers. We know that British soldiers and sailors are immensely inferior as marksmen, not only to Germans, French, and Americans, but also to Japanese, Afridis, Chilians, Peruvians, Belgians, and Russians.

"11. We know that no British Government dares to propose any form of compulsory military or naval training, for the British people would rather be invaded, conquered, and governed by Germans, Russians, or Frenchmen, than be compelled to serve their own Government.

"12. We Boers know that we will not be governed by a set of British curs, but that we will drive you out of Africa altogether, and the other manly nations which have compulsory military service—the armed manhood of Europe—will very quickly divide all your other possessions between them.

"Talk no more of the ignorance of the Boers or Cape Dutch; a few days more will prove your ignorance of the British position, and in a short space of time you and your Queen will be imploring the good offices of the great German Emperor to deliver you from your disasters, for your humiliations are not yet complete.

"For thirty years the Cape Dutch have been waiting their chance, and now their day has come; they will throw off their mask and your yoke at the same instant, and 300,000 Dutch heroes will trample you underfoot.

"We can afford to tell you the truth now, and in this letter you have got it.—Yours, &c.,

P. S.

"October 12."

This letter, though false in many particulars, certainly pointed out some "home truths," which it was desirable for the British public to read, mark, learn, and inwardly digest. It also served to cast aside the thin veil which had covered our political relations with President Kruger and his party, and to show the firm foundations on which the hatred of the Boer for the Briton had been built for years. The question of the franchise was a bagatelle: a soap-bubble would have been pretext enough for war when the right hour and moment arrived. As allowed by this candid writer, whose valuable avowals cannot afford to be ignored, for many years treachery and disloyalty had existed, and the Boers had only bided their time. They "desired delay, and had it," playing their cards so skilfully as to deceive even the British Government, and imply to them and the world that the franchise question and the discontent of the Uitlanders was the main cause of the disagreement.

Before passing on to the terrible drama that, owing to the defiance of Mr. Kruger, was afterwards enacted, we must assure ourselves that the sad climax was bound to have come sooner or later. If the future of South Africa is to be saved, the prestige of Great Britain must be maintained; her citizens must be protected, and the betrayals of Downing Street of 1881 and 1896 must be atoned for. Though darkness reigns at the time of writing, the future of the Transvaal is a bright one. Reactionaries of the Hofmeyer and Kruger stamp will pass away, and we may look to the twentieth century for a happy settlement of the terrible difficulties which stare us in the face. But the settlement can never be effected by the policy of compromise. It can never be lasting while Conventions are allowed to become the pawns of parties; it can never be noble nor dignified until the petty ambitions of political strife are subdued and the grand whole, Great Britain—not the infinitesimal island, but the immense and populous Empire—is ordered and laboured for with the courage and strength that comes of undoubted unanimity! It remains, therefore, with each individual man and woman among us so to work that the grand result is not unnecessarily delayed.



APPENDIX

CONVENTION OF 1881

CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY

PREAMBLE. Her Majesty's Commissioners for the Settlement of the Transvaal territory, duly appointed as such by a Commission passed under the Royal Sign Manual and Signet, bearing date the 5th of April 1881, do hereby undertake and guarantee on behalf of her Majesty, that, from and after the 8th day of August 1881, complete self-government, subject to the suzerainty of her Majesty, her heirs and successors, will be accorded to the inhabitants of the Transvaal territory, upon the following terms and conditions, and subject to the following reservations and limitations:—

ARTICLE 1. The said territory, to be herein-after called the Transvaal State, will embrace the land lying between the following boundaries, to wit: [Here follow three pages in print defining boundaries].

ARTICLE 2. Her Majesty reserves to herself, her heirs and successors, (a) the right from time to time to appoint a British Resident in and for the said State, with such duties and functions as are herein-after defined; (b) the right to move troops through the said State in time of war, or in case of the apprehension of immediate war between the Suzerain Power and any Foreign State or Native tribe in South Africa; and (c) the control of the external relations of the said State, including the conclusion of treaties and the conduct of diplomatic intercourse with Foreign Powers, such intercourse to be carried on through her Majesty's diplomatic and consular officers abroad.

ARTICLE 3. Until altered by the Volksraad, or other competent authority, all laws, whether passed before or after the annexation of the Transvaal territory to her Majesty's dominions, shall, except in so far as they are inconsistent with or repugnant to the provisions of this Convention, be and remain in force in the said State in so far as they shall be applicable thereto, provided that no future enactment especially affecting the interests of natives shall have any force or effect in the said State, without the consent of her Majesty, her heirs and successors, first had and obtained and signified to the Government of the said State through the British Resident, provided further that in no case will the repeal or amendment of any laws enacted since the annexation have a retrospective effect, so as to invalidate any acts done or liabilities incurred by virtue of such laws.

ARTICLE 4. On the 8th of August 1881, the Government of the said State, together with all rights and obligations thereto appertaining, and all State property taken over at the time of annexation, save and except munitions of war, will be handed over to Messrs. Stephanus Johannes Paulus Kruger, Martinus Wessel Pretorius, and Petrus Jacobus Joubert, or the survivor or survivors of them, who will forthwith cause a Volksraad to be elected and convened, and the Volksraad, thus elected and convened, will decide as to the further administration of the Government of the said State.

ARTICLE 5. All sentences passed upon persons who may be convicted of offences contrary to the rules of civilised warfare committed during the recent hostilities will be duly carried out, and no alteration or mitigation of such sentences will be made or allowed by the Government of the Transvaal State without her Majesty's consent conveyed through the British Resident. In case there shall be any prisoners in any of the gaols of the Transvaal State whose respective sentences of imprisonment have been remitted in part by her Majesty's Administrator or other officer administering the Government, such remission will be recognised and acted upon by the future Government of the said State.

ARTICLE 6. Her Majesty's Government will make due compensation for all losses or damage sustained by reason of such acts as are in the 8th Article herein-after specified, which may have been committed by her Majesty's forces during the recent hostilities, except for such losses or damage as may already have been compensated for, and the Government of the Transvaal State will make due compensation for all losses or damage sustained by reason of such acts as are in the 8th Article herein-after specified which may have been committed by the people who were in arms against her Majesty during the recent hostilities, except for such losses or damages as may already have been compensated for.

ARTICLE 7. The decision of all claims for compensation, as in the last preceding Article mentioned, will be referred to a Sub-Committee, consisting of the Honourable George Hudson, the Honourable Jacobus Petrus de Wet, and the Honourable John Gilbert Kotze. In case one or more of such Sub-Commissioners shall be unable or unwilling to act the remaining Sub-Commissioner or Sub-Commissioners will, after consultation with the Government of the Transvaal State, submit for the approval of her Majesty's High Commissioners the names of one or more persons to be appointed by them to fill the place or places thus vacated. The decision of the said Sub-Commissioners, or of a majority of them, will be final. The said Sub-Commissioners will enter upon and perform their duties with all convenient speed. They will, before taking evidence or ordering evidence to be taken in respect of any claim, decide whether such claim can be entertained at all under the rules laid down in the next succeeding Article. In regard to claims which can be so entertained, the Sub-Commissioners will, in the first instance, afford every facility for an amicable arrangement as to the amount payable in respect of any claim, and only in cases in which there is no reasonable ground for believing that an immediate amicable arrangement can be arrived at will they take evidence or order evidence to be taken. For the purpose of taking evidence and reporting thereon, the Sub-Commissioners may appoint Deputies, who will, without delay, submit records of the evidence and their reports to the Sub-Commissioners. The Sub-Commissioners will arrange their sittings and the sittings of their Deputies in such a manner as to afford the earliest convenience to the parties concerned and their witnesses. In no case will costs be allowed to either side, other than the actual and reasonable expenses of witnesses whose evidence is certified by the Sub-Commissioners to have been necessary. Interest will not run on the amount of any claim, except as is herein-after provided for. The said Sub-Commissioners will forthwith, after deciding upon any claim, announce their decision to the Government against which the award is made and to the claimant. The amount of remuneration payable to the Sub-Commissioners and their Deputies will be determined by the High Commissioners. After all the claims have been decided upon, the British Government and the Government of the Transvaal State will pay proportionate shares of the said remuneration and of the expenses of the Sub-Commissioners and their Deputies, according to the amount awarded against them respectively.

ARTICLE 8. For the purpose of distinguishing claims to be accepted from those to be rejected, the Sub-Commissioners will be guided by the following rules, viz.: Compensation will be allowed for losses or damage sustained by reason of the following acts committed during the recent hostilities, viz., (a) commandeering, seizure, confiscation, or destruction of property, or damage done to property; (b) violence done or threats used by persons in arms. In regard to acts under (a), compensation will be allowed for direct losses only. In regard to acts falling under (b), compensation will be allowed for actual losses of property, or actual injury to the same proved to have been caused by its enforced abandonment. No claims for indirect losses, except such as are in this Article specially provided for, will be entertained. No claims which have been handed in to the Secretary of the Royal Commission after the 1st day of July 1881 will be entertained, unless the Sub-Commissioners shall be satisfied that the delay was reasonable. When claims for loss of property are considered, the Sub-Commissioners will require distinct proof of the existence of the property, and that it neither has reverted nor will revert to the claimant.

ARTICLE 9. The Government of the Transvaal State will pay and satisfy the amount of every claim awarded against it within one month after the Sub-Commissioners shall have notified their decision to the said Government, and in default of such payment the said Government will pay interest at the rate of six per cent. per annum from the date of such default; but her Majesty's Government may at any time before such payment pay the amount, with interest, if any, to the claimant in satisfaction of his claim, and may add the sum thus paid to any debt which may be due by the Transvaal State to her Majesty's Government, as herein-after provided for.

ARTICLE 10. The Transvaal State will be liable for the balance of the debts for which the South African Republic was liable at the date of annexation, to wit, the sum of L48,000 in respect of the Cape Commercial Bank Loan, and L85,667 in respect to the Railway Loan, together with the amount due on 8th August 1881 on account of the Orphan Chamber Debt, which now stands at L22,200, which debts will be a first charge upon the revenues of the State. The Transvaal State will, moreover, be liable for the lawful expenditure lawfully incurred for the necessary expenses of the Province since the annexation, to wit, the sum of L265,000, which debt, together with such debts as may be incurred by virtue of the 9th Article, will be second charge upon the revenues of the State.

ARTICLE 11. The debts due as aforesaid by the Transvaal State to her Majesty's Government will bear interest at the rate of three and a half per cent., and any portion of such debt as may remain unpaid at the expiration of twelve months from the 8th August 1881 shall be repayable by a payment for interest and sinking fund of six pounds and ninepence per cent. per annum, which will extinguish the debt in twenty-five years. The said payment of six pounds and ninepence per L100 shall be payable half yearly in British currency on the 8th February and 8th August in each year. Provided always that the Transvaal State shall pay in reduction of the said debt the sum of L100,000 within twelve months of the 8th August 1881, and shall be at liberty at the close of any half year to pay off the whole or any portion of the outstanding debt.

ARTICLE 12. All persons holding property in the said State on the 8th day of August 1881 will continue after the said date to enjoy the rights of property which they have enjoyed since the annexation. No person who has remained loyal to her Majesty during the recent hostilities shall suffer any molestation by reason of his loyalty, or be liable to any criminal prosecution or civil action for any part taken in connection with such hostilities, and all such persons will have full liberty to reside in the country, with enjoyment of all civil rights, and protection for their persons and property.

ARTICLE 13. Natives will be allowed to acquire land, but the grant or transfer of such land will, in every case, be made to and registered in the name of the Native Location Commission, herein-after mentioned, in trust for such natives.

ARTICLE 14. Natives will be allowed to move as freely within the country as may be consistent with the requirements of public order, and to leave it for the purpose of seeking employment elsewhere or for other lawful purposes, subject always to the pass laws of the said State, as amended by the Legislature of the Province, or as may hereafter be enacted under the provisions of the 3rd Article of this Convention.

ARTICLE 15. There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsistent with morality and good order, and no disability shall attach to any person in regard to rights of property by reason of the religious opinions which he holds.

ARTICLE 16. The provisions of the 4th Article of the Sand River Convention are hereby re-affirmed, and no slavery or apprenticeship partaking of slavery will be tolerated by the Government of the said State.

ARTICLE 17. The British Resident will receive from the Government of the Transvaal State such assistance and support as can by law be given to him for the due discharge of his functions, he will also receive every assistance for the proper care and preservation of the graves of such of her Majesty's forces as have died in the Transvaal, and if need be for the expropriation of land for the purpose.

ARTICLE 18. The following will be the duties and functions of the British Resident:—Sub-section 1. He will perform duties and functions analogous to those discharged by a Charge d'Affaires and Consul-General.

Sub-section 2. In regard to natives within the Transvaal State he will (a) report to the High Commissioner, as representative of the Suzerain, as to the working and observance of the provisions of this Convention; (b) report to the Transvaal authorities any cases of ill-treatment of natives or attempts to incite natives to rebellion that may come to his knowledge; (c) use his influence with the natives in favour of law and order; and (d) generally perform such other duties as are by this Convention entrusted to him, and take such steps for the protection of the person and property of natives as are consistent with the laws of the land.

Sub-section 3. In regard to natives not residing in the Transvaal (a) he will report to the High Commissioner and the Transvaal Government any encroachments reported to him as having been made by Transvaal residents upon the land of such natives, and in case of disagreement between the Transvaal Government and the British Resident as to whether an encroachment has been made, the decision of the Suzerain will be final; (b) the British Resident will be the medium of communication with native chiefs outside the Transvaal, and subject to the approval of the High Commissioner, as representing the Suzerain, he will control the conclusion of treaties with them; and (c) he will arbitrate upon every dispute between Transvaal residents and natives outside the Transvaal (as to acts committed beyond the boundaries of the Transvaal) which may be referred to him by the parties interested.

Sub-section 4. In regard to communications with foreign powers, the Transvaal Government will correspond with her Majesty's Government through the British Resident and the High Commissioner.

ARTICLE 19. The Government of the Transvaal State will strictly adhere to the boundaries defined in the 1st Article of this Convention, and will do its utmost to prevent any of its inhabitants from making any encroachment upon lands beyond the said State. The Royal Commission will forthwith appoint a person who will beacon off the boundary line between Ramatlabama and the point where such line first touches Griqualand West boundary, midway between the Vaal and Hart Rivers; the person so appointed will be instructed to make an arrangement between the owners of the farms Grootfontein and Valleifontein on the one hand, and the Barolong authorities on the other, by which a fair share of the water supply of the said farms shall be allowed to flow undisturbed to the said Barolongs.

ARTICLE 20. All grants or titles issued at any time by the Transvaal Government in respect of land outside the boundary of Transvaal State, as defined, Article 1, shall be considered invalid and of no effect, except in so far as any such grant or title relates to land that falls within the boundary of the Transvaal State, and all persons holding any such grant so considered invalid and of no effect will receive from the Government of the Transvaal State such compensation either in land or in money as the Volksraad shall determine. In all cases in which any native chiefs or other authorities outside the said boundaries have received any adequate consideration from the Government of the former South African Republic for land excluded from the Transvaal by the 1st Article of this Convention, or where permanent improvements have been made on the land, the British Resident will, subject to the approval of the High Commissioner, use his influence to recover from the native authorities fair compensation for the loss of the land thus excluded, and of the permanent improvement thereon.

ARTICLE 21. Forthwith, after the taking effect of this Convention, a Native Location Commission will be constituted, consisting of the President, or in his absence the Vice-President of the State, or some one deputed by him, the Resident, or some one deputed by him, and a third person to be agreed upon by the President or the Vice-President, as the case may be, and the Resident, and such Commission will be a standing body for the performance of the duties herein-after mentioned.

ARTICLE 22. The Native Location Commission will reserve to the native tribes of the State such locations as they may be fairly and equitably entitled to, due regard being had to the actual occupation of such tribes. The Native Location Commission will clearly define the boundaries of such locations, and for that purpose will, in every instance, first of all ascertain the wishes of the parties interested in such land. In case land already granted in individual titles shall be required for the purpose of any location, the owners will receive such compensation either in other land or in money as the Volksraad shall determine. After the boundaries of any location have been fixed, no fresh grant of land within such location will be made, nor will the boundaries be altered without the consent of the Location Commission. No fresh grants of land will be made in the districts of Waterbergh, Zoutspansberg, and Lydenburg until the locations in the said districts respectively shall have been defined by the said Commission.

ARTICLE 23. If not released before the taking effect of this Convention, Sikukuni, and those of his followers who have been imprisoned with him, will be forthwith released, and the boundaries of his location will be defined by the Native Location Commission in the manner indicated in the last preceding Article.

ARTICLE 24. The independence of the Swazies within the boundary line of Swaziland, as indicated in the 1st Article of this Convention, will be fully recognised.

ARTICLE 25. No other or higher duties will be imposed on the importation into the Transvaal State of any article the produce or manufacture of the dominions and possessions of her Majesty, from whatever place arriving, than are or may be payable on the like article the produce or manufacture of any other country, nor will any prohibition be maintained or imposed on the importation of any article the produce or manufacture of the dominions and possessions of her Majesty, which shall not equally extend to the importation of the like articles being the produce or manufacture of any other country.

ARTICLE 26. All persons other than natives conforming themselves to the laws of the Transvaal State (a) will have full liberty with their families to enter, travel, or reside in any part of the Transvaal State; (b) they will be entitled to hire or possess houses, manufactures, warehouses, shops, and premises; (c) they may carry on their commerce either in person or by any agents whom they may think fit to employ; (d) they will not be subject in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon Transvaal citizens.

ARTICLE 27. All inhabitants of the Transvaal shall have free access to the Courts of Justice for the protection and defence of their rights.

ARTICLE 28. All persons other than natives who established their domicile in the Transvaal between the 12th day of April 1877 and the date when this Convention comes into effect, and who shall within twelve months after such last-mentioned date have their names registered by the British Resident, shall be exempt from all compulsory military service whatever. The Resident shall notify such registration to the Government of the Transvaal State.

ARTICLE 29. Provision shall hereafter be made by a separate instrument for the mutual extradition of criminals, and also for the surrender of deserters from her Majesty's forces.

ARTICLE 30. All debts contracted since the annexation will be payable in the same currency in which they may have been contracted; all uncancelled postage and other revenue stamps issued by the Government since the annexation will remain valid, and will be accepted at their present value by the future Government of the State; all licences duly issued since the annexation will remain in force during the period for which they may have been issued.

ARTICLE 31. No grants of land which may have been made, and no transfer of mortgage which may have been passed since the annexation, will be invalidated by reason merely of their having been made or passed since that date. All transfers to the British Secretary for Native Affairs in trust for natives will remain in force, the Native Location Commission taking the place of such Secretary for Native Affairs.

ARTICLE 32. This Convention will be ratified by a newly-elected Volksraad within the period of three months after its execution, and in default of such ratification this Convention shall be null and void.

ARTICLE 33. Forthwith, after the ratification of this Convention, as in the last preceding Article mentioned, all British troops in Transvaal territory will leave the same, and the mutual delivery of munitions of war will be carried out. Articles end. Here will follow signatures of Royal Commissioners, then the following to precede signatures of triumvirate.

We, the undersigned, Stephanus Johannes Paulus Kruger, Martinus Wessel Pretorius, and Petrus Jacobus Joubert, as representatives of the Transvaal Burghers, do hereby agree to all the above conditions, reservations, and limitations under which self-government has been restored to the inhabitants of the Transvaal territory, subject to the suzerainty of her Majesty, her heirs and successors, and we agree to accept the Government of the said territory, with all rights and obligations thereto appertaining on the 8th day of August; and we promise and undertake that this Convention shall be ratified by a newly-elected Volksraad of the Transvaal State within three months from this date.



CONVENTION OF 1884

A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC.

Whereas, the Government of the Transvaal State, through its Delegates, consisting of Stephanus Johannes Paulus Kruger, President of the said State, Stephanus Jacobus Du Toit, Superintendent of Education, and Nicholas Jacobus Smit, a member of the Volksraad, have represented that the Convention signed at Pretoria on the 3rd day of August 1881, and ratified by the Volksraad of the said State on the 25th October 1881, contains certain provisions which are inconvenient, and imposes burdens and obligations from which the said State is desirous to be relieved, and that the south-western boundaries fixed by the said Convention should be amended, with a view to promote the peace and good order of the said State, and of the countries adjacent thereto; and whereas her Majesty the Queen of the United Kingdom of Great Britain and Ireland, has been pleased to take the said representations into consideration: Now, therefore, her Majesty has been pleased to direct, and it is hereby declared, that the following articles of a new Convention, signed on behalf of her Majesty by her Majesty's High Commissioner in South Africa, the Right Honourable Sir Hercules George Robert Robinson, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor of the Colony of the Cape of Good Hope, and on behalf of the Transvaal State (which shall herein-after be called the South African Republic) by the above-named Delegates, Stephanus Johannes Paulus Kruger, Stephanus Jacobus Du Toit, and Nicholas Jacobus Smit, shall, when ratified by the Volksraad of the South African Republic, be substituted for the articles embodied in the Convention of 3rd August 1881; which latter, pending such ratification, shall continue in full force and effect.

ARTICLES.

ARTICLE 1. The Territory of the South African Republic will embrace the land lying between the following boundaries, to wit: (Here follows a long description of boundaries).

ARTICLE 2. The Government of the South African Republic will strictly adhere to the boundaries defined in the 1st Article of this Convention, and will do its utmost to prevent any of its inhabitants from making any encroachments upon lands beyond the said boundaries. The Government of the South African Republic will appoint Commissioners upon the eastern and western borders whose duty it will be strictly to guard against irregularities and all trespassing over the boundaries. Her Majesty's Government will, if necessary, appoint Commissioners in the native territories outside the eastern and western borders of the South African Republic to maintain order and prevent encroachments.

Her Majesty's Government and the Government of the South African Republic will each appoint a person to proceed together to beacon off the amended south-west boundary as described in Article 1 of this Convention; and the President of the Orange Free State shall be requested to appoint a referee to whom the said persons shall refer any questions on which they may disagree respecting the interpretation of the said Article, and the decision of such referee thereon shall be final. The arrangement already made, under the terms of Article 19 of the Convention of Pretoria of the 3rd August 1881, between the owners of the farms Grootfontein and Valleifontein on the one hand, and the Barolong authorities on the other, by which a fair share of the water supply of the said farms shall be allowed to flow undisturbed to the said Barolongs, shall continue in force.

ARTICLE 3. If a British officer is appointed to reside at Pretoria or elsewhere within the South African Republic to discharge functions analogous to those of a Consular officer he will receive the protection and assistance of the Republic.

ARTICLE 4. The South African Republic will conclude no treaty or engagement with any State or nation other than the Orange Free State, nor with any native tribe to the eastward or westward of the Republic, until the same has been approved by her Majesty the Queen.

Such approval shall be considered to have been granted if her Majesty's Government shall not, within six months after receiving a copy of such treaty (which shall be delivered to them immediately upon its completion), have notified that the conclusion of such treaty is in conflict with the interests of Great Britain or of any of her Majesty's possessions in South Africa.

ARTICLE 5. The South African Republic will be liable for any balance which may still remain due of the debts for which it was liable at the date of Annexation, to wit, the Cape Commercial Bank Loan, the Railway Loan, and the Orphan Chamber Debt, which debts will be a first charge upon the revenues of the Republic. The South African Republic will moreover be liable to her Majesty's Government for L250,000, which will be a second charge upon the revenues of the Republic.

ARTICLE 6. The debt due as aforesaid by the South African Republic to her Majesty's Government will bear interest at the rate of three and a half per cent. from the date of the ratification of this Convention, and shall be repayable by a payment for interest and Sinking Fund of six pounds and ninepence per L100 per annum, which will extinguish the debt in twenty-five years. The said payment or six pounds and ninepence per L100 shall be payable half-yearly, in British currency, at the close of each half year from the date of such ratification: Provided always that the South African Republic shall be at liberty at the close of any half year to pay off the whole or any portion of the outstanding debt.

Interest at the rate of three and a half per cent. on the debt as standing under the Convention of Pretoria shall as heretofore be paid to the date of the ratification of this Convention.

ARTICLE 7. All persons who held property in the Transvaal on the 8th day of August 1881, and still hold the same, will continue to enjoy the rights of property which they have enjoyed since the 12th April 1877. No person who has remained loyal to her Majesty during the late hostilities shall suffer any molestation by reason of his loyalty; or be liable to any criminal prosecution or civil action for any part taken in connection with such hostilities; and all such persons will have full liberty to reside in the country, with enjoyment of all civil rights, and protection for their persons and property.

ARTICLE 8. The South African Republic renews the declaration made in the Sand River Convention, and in the Convention of Pretoria, that no slavery or apprenticeship partaking of slavery will be tolerated by the Government of the said Republic.

ARTICLE 9. There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsistent with morality and good order; and no disability shall attach to any person in regard to rights of property by reason of the religious opinions which he holds.

ARTICLE 10. The British officer appointed to reside in the South African Republic will receive every assistance from the Government of the said Republic in making due provision for the proper care and preservation of the graves of such of her Majesty's forces as have died in the Transvaal; and if need be, for the appropriation of land for the purpose.

ARTICLE 11. All grants or titles issued at any time by the Transvaal Government in respect of land outside the boundary of the South African Republic, as defined in Article 1, shall be considered invalid and of no effect, except in so far as any such grant or title relates to land that falls within the boundary of the South African Republic; and all persons holding any such grant so considered invalid and of no effect will receive from the Government of the South African Republic such compensation, either in land or in money, as the Volksraad shall determine. In all cases in which any Native Chiefs or other authorities outside the said boundaries have received any adequate consideration from the Government of the South African Republic for land excluded from the Transvaal by the 1st Article of this Convention, or where permanent improvements have been made on the land, the High Commissioner will recover from the native authorities fair compensation for the loss of the land thus excluded, or of the permanent improvements thereon.

ARTICLE 12. The independence of the Swazis, within the boundary line of Swaziland, as indicated in the 1st Article of this Convention, will be fully recognised.

ARTICLE 13. Except in pursuance of any treaty or engagement made as provided in Article 4 of this Convention, no other or higher duties shall be imposed on the importation into the South African Republic of any article coming from any part of her Majesty's dominions than are or may be imposed on the like article coming from any other place or country; nor will any prohibition be maintained or imposed on the importation into the South African Republic of any article coming from any part of her Majesty's dominions which shall not equally extend to the like article coming from any other place or country. And in like manner the same treatment shall be given to any article coming to Great Britain from the South African Republic as to the like article coming from any other place or country.

These provisions do not preclude the consideration of special arrangements as to import duties and commercial relations between the South African Republic and any of her Majesty's colonies or possessions.

ARTICLE 14. All persons, other than natives, conforming themselves to the laws of the South African Republic (a) will have full liberty, with their families, to enter, travel, or reside in any part of the South African Republic; (b) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and premises; (c) they may carry on their commerce either in person or by any agents whom they may think fit to employ; (d) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic.

ARTICLE 15. All persons, other than natives, who established their domicile in the Transvaal between the 12th day of April 1877 and the 8th of August 1881, and who within twelve months after such last-mentioned date have had their names registered by the British Resident, shall be exempt from all compulsory military service whatever.

ARTICLE 16. Provision shall hereafter be made by a separate instrument for the mutual extradition of criminals, and also for the surrender of deserters from her Majesty's forces.

ARTICLE 17. All debts contracted between the 12th April 1887 and the 8th August 1881 will be payable in the same currency in which they may have been contracted.

ARTICLE 18. No grants of land which may have been made, and no transfers or mortgages which may have been passed between the 12th April 1877 and the 8th August 1881, will be invalidated by reason merely of their having been made or passed between such dates.

All transfers to the British Secretary for Native Affairs in trust for natives will remain in force, an officer of the South African Republic taking the place of such Secretary for Native Affairs.

ARTICLE 19. The Government of the South African Republic will engage faithfully to fulfil the assurances given, in accordance with the laws of the South African Republic, to the natives at the Pretoria Pitso by the Royal Commission in the presence of the Triumvirate and with their entire assent, (1) as to the freedom of the natives to buy or otherwise acquire land under certain conditions, (2) as to the appointment of a commission to mark out native locations, (3) as to the access of the natives to the courts of law, and (4) as to their being allowed to move freely within the country, or to leave it for any legal purpose, under a pass system.

ARTICLE 20. This Convention will be ratified by a Volksraad of the South African Republic within the period of six months after its execution, and in default of such ratification this Convention shall be null and void.

Signed in duplicate in London this 27th day of February 1884.

(Signed) HERCULES ROBINSON. " S. J. P. KRUGER. " S. J. DU TOIT. " M. J. SMIT.



END OF VOLUME I.



Printed by BALLANTYNE, HANSON & Co.

Edinburgh & London



TRANSCRIBERS' NOTES:

General : Both Potchefstrom and Potchefstroom have been used several times. Spellings have been preserved as written.

Page viii: Drummer replaced with drummers to agree with caption of illustration.

: Removal of additional closing parenthesis after Gloucester Regiment

Page x : Hyphen removed from gold-fields (2 occurrences) to ensure consistency with other uses

Page 15 : Spelling of attemped revised to attempted

Page 43 : Added closing parenthesis after ...blacks

Page 57 : As written. Vjin should probably read Vijn

Page 68 : Comma after pledge replaced with full stop (period)

Page 75 : Hyphen removed from farm-house to ensure consistency with other uses

Page 76 : Closing quote added after fusiliers.

Page 78 : Hyphen added to bloodspilling to ensure consistency with other use

Page 84 : Spelling of tambookee standardised to tambookie

Page 108 : Hyphen added to reaffirmed to ensure consistency with other use

Page 113 : Spelling of pourtrayed and dulness left as taken from original quotation.

Page 139 : As written. Reims should probably read riems

Page 179 : Spelling of cowe left as taken from original quotation.

THE END

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