There having been, as far as we know, no organized press agitation,

it is impossible for us to deal with this matter, but it is clear

that the criticism which has been provoked by a certain condition of

affairs here would necessarily cease upon the causes of complaint

being removed, and we would be prepared, in case of our coming to a

settlement with the Government, to declare that the solution of the

questions arrived at meets with our approval as a whole, so as to

discourage further agitation in newspapers on these subjects.

POLITICAL ORGANIZATIONS.

We shall at all times be willing to publicly discourage and repudiate

any political organization having for its object the stirring up of

strife or promoting dissension between the different nationalities

inhabiting this State, and we would and will in any case do this

freely and upon principle, and entirely apart from other

considerations connected with this Conference, but it should be

clearly understood that this declaration must not be construed as

repudiating or deprecating any legitimate representations which the

community or any section of them may see fit to make in matters which

concern them as inhabitants of this State.

COOLIE QUESTION.

We well appreciate the dangers of uncontrolled, indiscriminate

immigration of the lower class Indians, Chinese, and other coloured

races, and the necessity for provision for sanitary control, and

shall be most willing to aid the Government in the above objects; but

we consider it impossible for us to intervene in this matter, which

is governed by the London Convention with the British Government. We

suggest that for the purpose of guarding against the dangers above

referred to, this matter be explained to the Imperial Government as

part of the whole scheme for the settlement of differences, and claim

therefore an especially favourable consideration, for, in the success

of this scheme, all who desire peace and prosperity in this country

must be deeply concerned and willing to co-operate on generous lines.

We suggest that this representation be made in such manner as may be

deemed less calculated to provoke unfavourable comment, or offend

susceptibilities in any quarter, and that the suggestion be viewed by

all parties in its true proportions as one part of the whole scheme

of settlement. Unless so viewed we should be unable to put ourselves

forward in a matter at issue between the two Governments, nor of

course could the proposals of the Government be taken to suggest

this.

DYNAMITE.

With the principle of granting a monopoly to individuals, agencies,

or corporations it is impossible for us to agree, and whatever

arrangement be effected, we should have to make it clear that in this

instance we are viewing the question solely as a burden--a tax which

the mines are asked to definitely accept in order that an

amelioration of the general conditions affecting the whole Uitlander

population may be secured.

The difference between the cost at which dynamite could be imported

(exclusive of Transvaal duty) and the price we are now compelled to

pay amounts to over £600,000 per annum on the present rate of

consumption, a sum which will increase steadily and largely in the

immediate future.

Whether the mining industry should voluntarily accept such an immense

burden as a set-off against terms which, whilst they would doubtless

eventually favourably affect the industry, are in their immediate

effects designed to satisfy the Uitlander population in their

personal rights as distinct from the mining industry as a business,

is a matter which would in the first place have to be submitted to

the recognized elected representatives of the mining industry, and

would in the second place depend upon whether the people in whose

interest such sacrifice is required would accept the terms which the

Government would be willing to concede as satisfying their reasonable

aspirations.

It is also a matter of grave and general concern that a sum so

enormous, when compared with the revenue requirements of the State,

should be taken annually from the mines with little, if any, benefit

to the country, when it might be utilized in part or entirely in

supplementing the State revenue, and thus afford relief in other

directions to every taxpayer in the country.

Notwithstanding the above considerations, however, we feel that a

great monetary sacrifice might be made to secure a peaceful and

permanent solution of vexed questions, and that the subject of

dynamite should be submitted to the Chamber of Mines and discussed in

that spirit.

Whilst we are willing, in order to bring about a general settlement

of all pending questions, to recommend such a heavy sacrifice to be

made, and adopt the proposal made by the Government, it would be a

condition that there shall not be any extension of the concession,

and that the terms of the contract shall be rigidly enforced; that

the Dynamite Company shall reduce the price of dynamite to 70s. per

case, giving to the Government the 5s. per case and the share of the

profits to which it is entitled; and that at the end of the present

agency the factory shall be taken over at a valuation which shall not

include compensation for goodwill or for loss of future business.

FRANCHISE.

This is the vital point upon which a permanent and peaceful

settlement must hinge, and if a satisfactory solution can be arrived

at on this point, as well as on the others raised, we shall be

prepared to recommend to the Industry to make the sacrifices involved

in accepting the Government proposals.

We note that--

_(a)_ the proposals do not include a substantial recognition of past

residence;

_(b)_ that the period is seven years;

_(c)_ that it is proposed that those who acquire citizenship under

the law, if changed as proposed, shall not have the vote for the

office of President, and that the oath of allegiance would be

required seven years before the acquisition of limited burgher

rights;

_(d)_ that the proposed new law would have to be published for a year

and receive the assent of two-thirds of the enfranchised burghers of

the Republic.

Whilst declaring ourselves willing to accept and recommend the

acceptance of any fair scheme on constitutional reforms, we consider

that such a scheme must first be laid before, and approved by, the

unenfranchised community, as the rights, liberties, and privileges of

the community would depend absolutely on the nature of the reform.

We have repeated on many occasions that business houses are not

qualified to discuss this question on behalf of the general body of

Uitlanders, and that we would not presume that we were appointed by

the whole community to discuss it on their behalf. It will therefore

be necessary to find means to bring the whole question before those

directly affected, who are the only ones entitled to finally dispose

of the matter, their acquiescence to the scheme having to be first

obtained before we recommend the sacrifices which we contemplate in

order to ensure a general permanent and peaceful settlement.

For your guidance we enclose an expression of opinion which has been

furnished to us by some of the most prominent Uitlanders, and

places before you the views of a very large and influential section

of the community.

The above subjects are only those which have been discussed between

the Government representatives and ourselves, but, in order to arrive

at a final permanent settlement, we think that we ought to endeavour

to remove all other causes of disagreement, and treat as well several

other important questions left untouched; and we would beg that the

Government will take the necessary steps, as far as lies in their

power, to assist the industry by bringing native labourers to the

goldfields, and to this end will be willing to confer with the

Chamber of Mines as to the best means to be adopted; that the law

relating to the sale of intoxicating liquor at present in force shall

be maintained and strictly enforced. We may further state that we

have every confidence in the probity and honour of the Judges of the

S.A.R., and wish to place on record our desire that the independence

of the Bench should be assured and maintained inviolate in the

highest interests of all the inhabitants of the Republic.

We enclose copy of the cable which we sent, embodying the proposals

of the Government of the S.A.R. as communicated to us by Mr. Lippert,

and copy of the _précis_ and resolution passed at the meeting held in

London, when the above cable was considered.

This letter conveys to you our opinion as well as that of our friends

in Europe, and we should be most happy to arrange a meeting with you

and any other representatives of the Government to consider and

discuss the points contained therein.

We beg to assure you once more that we, as well as our European

friends, are most sincerely desirous to arrive at a satisfactory

settlement, securing a peaceful future and promoting the welfare of

the country and the people, and trust that you will regard the

expression of our opinion in that light.

We remain, honourable Sir,

Yours obediently,

G. ROULIOT.

H.F.E. PISTORIUS.

E. BIRKENRUTH.

JOHN M. PIERCE.

A. BRAKHAN

The foregoing embodies our views as well as that of our London

houses.

(Signed) J.G. HAMILTON.

W. DALRYMPLE.

The following memorandum--the one referred to in the above

letter--was prepared by well-known Uitlanders whom the Government,

owing to the refusal of the capitalists to deal with the franchise,

had been obliged to select in order to get some pronouncement upon

that question. The little ironies of life have two properties: the

humour for the winner, and the hurt for the worsted. The Uitlanders

had for three years enjoyed a singularly monotonous experience in

ironies, but a turning came in the long lane when it became necessary

for the President to suspend the operation of his three years' ban

on two of the Reformers in order to get their advice upon the

franchise question.

JOHANNESBURG, S.A.R.,

_24th March, 1899._

GENTLEMEN,

In response to the invitation from the Government of the South

African Republic conveyed to us by Mr. E. Lippert, we beg to submit

the enclosed memorandum upon the franchise question.

Yours faithfully,

J. PERCY FITZPATRICK.

H.C. HULL.

W. DALRYMPLE.

W.A. MARTIN.

THOS. MACKENZIE.

R. STORE.

J.G. HAMILTON.

T.J. BRITTEN.

H.R. SKINNER.

_To Messrs. G. Rouliot,

E. Birkenruth,

A. Brakhan,

J.M. Pierce,

H.F.E. Pistorius

Johannesburg_.

MEMORANDUM _RE_ FRANCHISE.

After such investigation as the restrictions imposed have permitted,

we are of opinion that it would be quite useless to approach the

Uitlander population with the Government proposal in its present

form, chiefly for the following reasons:--

1. No consideration is given to the term of residence already

completed.

2. The alteration of the franchise law according to lately prescribed

procedure, whereby two-thirds of the burghers must signify approval,

is a practical impossibility,--witness the fact that at the last

Presidential election, surpassing in excitement and interest all

other occasions of general voting, with the three recognized leaders

in the field, and every agency at work to stimulate activity, less

than two-thirds of the burghers on the register recorded their votes.

3. The present form of oath would be regarded as humiliating and

unnecessary, in support of which view we instance that quite recently

the Volksraad of the Orange Free State rejected upon the same grounds

the proposed introduction of the same oath of allegiance.

4. The period of disqualification, during which the Uitlander would

have given up his own citizenship by naturalizing and have acquired

nothing in return, would be found most objectionable--especially

with the experience that rights have in the past been legislated away

as they were on the point of maturing.

5. In view of the unique conditions of this country, extension of the

franchise without some approach to equitable redistribution of

representatives would be regarded as no solution of the question and

might even provoke doubts as to the _bonâ fides_ of the proposal,

which would be a deplorable beginning, yet one easily to be avoided.

Regard being had to the points raised in paragraphs 1, 2, 3, and 4,

we consider that as restrictive franchise legislation, apparently

designed to exclude for ever the great bulk of the Uitlander

population, dates its beginning from the Session of 1890, and as the

various enactments bearing upon this question have been passed by

successive Volksraads exercising their power to alter, add to, or

revoke, previous enactments, and as the same powers are to the full

enjoyed by the present Volksraad, it would be both possible and

proper for the present Volksraad to annul all the legislation upon

this subject from that date, and to restore and confirm the status

prior to 1890, and thus satisfy the indisputable claims of those who

settled in this country under certain conditions from the benefits of

which they could not properly be excluded.

With regard to paragraph 5, a moderate proposal designed to give a

more equitable distribution of representatives in the Volksraad would

be necessary.

The above suggestions are not put forward as the irreducible minimum,

nor are they designed for public use, nor intended as a proposal

acceptable to the eye but impossible in fact, and thus sure of

rejection. They are put forward in good faith as indicating in our

opinion the lines upon which it would be possible to work towards a

settlement with a reasonable prospect of success.

If the difficulties appear great the more reason there is not to put

forward an unalterable proposal foredoomed to failure, but rather to

try and find points of agreement which, however few and small to

begin with, would surely make for eventual and complete settlement.

In any case it is clear that the mere fact of a proposal to extend

the franchise having been made by the Government, thus frankly

recognizing the need to deal with the subject, will be hailed as a

good omen and a good beginning by all fair-minded men.

The determination of the negotiators to have the position clearly

stated in writing, and their fear that the use of intermediaries

would end in the usual unhappy and unpleasant result--namely,

repudiation of the intermediary in part or entirely--were not long

wanting justification. The following is a translation of Mr. F.W.

Reitz's reply:--

PRETORIA, _8th April, 1899._

_Messrs. G. Rouliot, H.F.E. Pistorius, A. Brakhan, E. Birkenruth,

and John M. Pierce, Johannesburg_.

DEAR SIRS,

I have the honour to acknowledge receipt of your letter dated 27th

March last, referring to certain proposals to the Government from

representatives of the mining industry.

In order to understand the natural position it is necessary to state

the facts more extensively than given in your letter.

It is wrong to say, as you do in the first paragraph of your

communication, that Mr. Lippert came to you with certain proposals

from the Government.

It appears also from the second paragraph of the same that Mr.

Lippert came to you _suo motu_ with the object, as he informed me

afterwards, to see 'if it was not possible to obtain a better

understanding between the Government on the one side and the mining

industry on the other.' He acted in no wise as the agent of the

Government, or in the name of the Government, to make any proposals

to you, but only as a friendly mediator to see how far unnecessary

differences and misunderstandings could be removed.

When Mr. Lippert came to Dr. Leyds and myself, and informed us that

you and other gentlemen were agreeable to his mediation, we at once

agreed with his plan, being aware that there was a warm desire and

continued struggle on the part of this Government to remove out of

the way all friction and trouble, and that in this case especially it

was our object to leave no stone unturned to get all differences

settled. We were the more anxious to meet you, because his Honour the

State President had decided to lay before the Volksraad certain

proposals of law, which are of great importance not only for the

people of the Republic, but especially for the mining population and

industry. We gave Mr. Lippert to understand that should the leaders

of the mining industry have no objection to his mediation, we would

not be unwilling to make use of his good services in this matter.

Mr. Lippert then went to Johannesburg, and returned to us with the

assurance that there was no objection to his acting as mediator, and

gave us some of the subjects on which it appeared to him that it was

possible to arrive at a friendly understanding.

In consequence of this, and acting on our own initiative, and not as

representatives of the Government, Dr. Leyds, Mr. Smuts, and myself,

met some of your leading men, as set forth in your letter.

At this meeting we informed you of the intention of the President to

alter certain laws for the general good. Only with reference to the

franchise we gave you no definite proposal, the matter being then

still under consideration. From your side we requested only a more

friendly attitude from the Press, as we were convinced that the

excessive Press campaign carried on by the newspapers, which are

generally considered to be owned by you, or influenced by you,

however much they may forward certain interests, still, in the end,

did infinite harm to the existing interests of all sections of the

population. Through the continual and incessant agitation and

creation of suspicion on the part of the papers, the public mind was

constantly in a state of insecurity, and the fanning of the race

hatred made it impossible for the Government as well as the

legislature to improve the relations between the so-called Uitlanders

and the old population.

We requested your friendly assistance also in the settlement of the

coolie question, not because we wanted to cause friction between you

and other foreign governments, but only because the policy which

refers to the native and coloured questions is of the utmost

importance to South Africa.

Mr. Lippert had in his programme the granting of a promise on your

side that you would support the Government in the obtaining of a loan

which the Government may deem necessary, and that you should bind

yourselves in writing to abstain from all political organizations

inimical to the Government.

These matters we did not discuss, as we considered them unnecessary

and inadvisable. From your side you deemed it necessary, before

answering us, first to receive the instructions of your foreign

principals. Before you could give us the result the President

explained his intentions at Heidelberg, and afterwards at Rustenburg

and Johannesburg.

Your letter, now under consideration, contains practically a definite

answer to our communication to you. I shall now consider the points

of your answer separately.

BEWAARPLAATSEN.

With reference to this matter, we think that the undermining rights

under bewaarplaatsen, machine stands, and water-rights should be

valued on a reasonable basis, independently by the Government, and by

the owner of the surface rights (should there be a difference which

cannot be settled amicably, then the value can be fixed by

arbitration), and that the surface owner shall have the preferent

right to purchase the affected under-mining right at such a

valuation. From your communication I understand that you suggest a

special method of valuation. That is a detail which can be settled

when the valuation is actually commenced, and which experts are

better able to judge over than I am. Therefore I shall say no more on

this subject.

FINANCIER AND AUDITOR.

On this subject our opinion was that the auditor should be

independent of the Government, and alone responsible to the Volksraad

to appoint as financier a man of standing, with a seat in the

Executive Council, to advise on all matters affecting finances.

I am glad to see that you are with us, and that it gives you great

satisfaction. I must express my surprise, however, over your proposal

that previous to the appointment this Government must first get the

approval of Lord Rothschild or any other capitalist. I can only

answer that it is in no wise the intention of the Government to frame

the future financial policy of this State on a capitalistic basis,

and thus your request cannot be agreed to. It is quite possible to

make such an appointment which will carry general approval without

being subjected to such a mutual condition.

LOAN, PRESS AGITATION, POLITICAL ORGANIZATION.

With reference to these matters, I have already made it plain to you

that in following the proposals of Mr. Lippert by cabling to your

principals, you acted under a misunderstanding. We requested no

binding declaration from you, only a moral understanding, which would

be easy for you to maintain, if it was in the interests of the

Uitlanders as well as the burghers of the Republic. I regret that the

mistake has arisen, otherwise I cannot see that any objection can

come from your side to approve of the plans of the President.

DYNAMITE.

On this question there is a small difference between the proposed

policy of the President and your answer.

I only wish to add that his Honour goes further than you do, as he

has declared his readiness to expropriate the Dynamite Company, under

agreement with its representatives, as soon as possible. If the

expropriation takes place after the expiration of the present

concession then it will naturally not be on the basis of a going

concern.

FRANCHISE.

On this subject I can well understand that you do not wish to take

upon your shoulders the responsibility of speaking and acting for the

whole of the new population. It was more your personal opinions as

men of position that we wished to know. Then again, according to your

assurance at the aforementioned meeting, you do not take any personal

interest in the franchise question, and that you would rather leave

the question to the public; your answer is therefore perfectly fair.

His Honour has therefore already acted in accordance with your idea,

for he has brought the question of the franchise very prominently

before the public, not only at Heidelberg and Rustenburg, but also at

Johannesburg.

In conclusion, I wish to refer to one matter which has caused me much

pain. It was clearly and distinctly agreed and understood by you all

as well as by us that both sides would treat this matter as

confidential and secret, as discussions of such important matters

cannot be carried on with any results on the tops of houses. What has

happened? On the 28th of March I received your letter, and on the 3rd

of April, whilst I was yet giving it earnest consideration and had

taken all the measures to keep it secret, the contents of the same

appeared in the London _Times_, while some days later your answer

appeared in full in the _Cape Times_, the _Diamond Fields

Advertiser_, and other papers under the influence of the capitalists.

The manner in which these papers favourable to you, or controlled by

you, have dealt with me in this matter has caused me (I admit it with

regret) to doubt for one moment your good faith. Thinking, however,

of the great interest as it were in the balance, and believing,

moreover, that you never for private or party purposes intended to

play with the true and lasting interests of all sections of the

community, I cannot help thinking that the reply has been published

through one of your subordinates, and regret that the publication has

not been immediately repudiated by you publicly as a grave breach of

faith. I would regret it, while there exists so few points of

difference between us, that these things should bar the way through

careless and wrong tactics to a permanent understanding, and trust

that the hand extended to the Industry in absolute good faith will

not be slighted purposely and wilfully. Owing to the publication of

your reply, there exists no further reason for secrecy, and I shall

hand my reply to the press.

Your obedient servant,

F.W. REITZ,

_State Secretary_.

The repudiation of Mr. Lippert's "official" character; the contention

that the State Secretary, State Attorney, and Dr. Leyds could divest

themselves of all responsibility in negotiations such as these, and

claim to have been acting in their private capacity only; and the

extraordinary anxiety to keep secret matters which deeply affected

the public, and to the settlement of which the Government designed

that the public should be committed, compelled the negotiators to

produce evidence that the statements and conclusions of the

Government were not warranted by the facts. The following letter,

which was formally acknowledged but never answered, practically

concluded the negotiations:--

JOHANNESBURG, S.A.R., _April 14, 1899._

_To the Honourable the State Secretary, Pretoria._

HONOURABLE SIR,--

We have the honour to acknowledge the receipt of your communication

of the 8th April, 1899.

Certain of our statements being doubted and described as erroneous in

your letter, we deem it advisable to go more fully into the facts

which have preceded and led to this correspondence.

It may be that communications exchanged through an intermediary have

been transmitted in a manner liable to convey a different impression

from what was actually meant, and in order to clear any possible

misunderstanding, we beg to enclose copies of all documents supplied

to us by Mr. Lippert, whom we, at all times, considered as your

authorized agent.

From these it will be apparent that during the negotiations we acted

in perfect good faith, communicating and discussing what we justly

considered were the wishes and proposals of the Government, and it

will also be clear to you that every one of our statements is based

on documents which we had every reason to believe were approved of by

the Government.

On February 27th Mr. Lippert called together Messrs. E. Birkenruth,

A. Brakhan, and G. Rouliot, to whom he stated that a settlement of

certain pending questions could probably be arrived at. He said that

he had ascertained the views of Dr. Leyds, Messrs. Reitz and Smuts,

who had agreed to a certain programme, and he wanted to know whether

we would be willing to open negotiations on that basis, in which case

the three officials mentioned would see the State President and

ascertain whether he would be prepared to adopt their views.

If the State President's approval could be obtained, Mr. Lippert

suggested that a conference should be held to discuss the subjects

mentioned in his memorandum.

This memorandum (Annexure 'A'), as explained to us by Mr. Lippert,

enumerates under Clauses 1 to 5 inclusive the points which the

Government expected us to concede, and the other clauses are what the

Government proposed doing in return.

We were then informed that the programme must be considered as a

whole, and either adopted or rejected as such, no question being

considered separately, and that the matter must be kept absolutely

secret.

Upon our statement that we personally would be willing to open

negotiations on the basis suggested, Mr. Lippert went to Pretoria and

informed the high officials above-named.

On March 1st Mr. Lippert informed us that the State President was

viewing the matter favourably, and requested us to acquaint our

friends by cable.

Our replies having been communicated to Mr. Lippert, a meeting was

arranged on March 9th, as recited in our previous letter, at which,

Mr. Lippert informed us, no new subject outside of those mentioned in

his memorandum could be discussed.

Messrs. Pistorius and Pierce, being invited by Mr. Lippert to attend

the meeting, were each supplied by him with a list of the questions

to be discussed, forming part of the proposed settlement (Annexure

'B').

On March 12th Mr. Lippert communicated to us what he termed the

definite proposals of the Government of the S.A.R., which were duly

cabled to our friends in Europe (a copy of this cable has already

been sent to you).

He also read to us the declaration, which he suggested we should sign

on behalf of ourselves and our European friends (Annexure 'C').

A speedy reply to our cable was asked for, as Mr. Lippert had

informed us that, if any settlement could be arrived at, the

agreement had to be submitted to the Honourable the First Volksraad

before the closing of the extraordinary session which was drawing

near.

We beg to point out to you that by cabling these proposals to Europe,

we could not possibly conceive that we were acting under a

misconception, as the day on which they were made to us, the 12th of

March, being a Sunday, the Telegraph Office was specially kept

open for the purpose of dispatching the cables, which were duly

received and forwarded upon production of an order from Mr. Lippert.

In our letter of March 17th to his Honour the State President,

conveying the nature of our friends' reply, we mentioned the fact

that the communication made to us by Mr. Lippert on behalf of the

Government had been fully cabled; we stated that our friends no doubt

based their suggestion to further discuss the whole of the proposals

with Dr. Leyds upon the fact that the Government had stipulated that

they should become parties to the proposed settlement.

In your reply of March 18th, no exception is taken to these

statements; you tell us, on behalf of his Honour the State President,

'that the exchange of views can best take place direct with the

Government, and here, within the Republic,' pointing out the fact

'that the session of the Volksraad was close at hand, and that

therefore further delay is undesirable.'

You will thus see that we were perfectly justified in thinking that

the communications made to our European friends, embodied the

proposals of the Government of the South African Republic, were

cabled with the knowledge and approval of the Government, and that

we were requested to sign a declaration on behalf of ourselves and

our friends, which declaration had to be made public.

Our letter of the 27th March conveyed to you our opinion and that of

our friends, upon the subjects comprised in the programme which was

submitted to us, and it is unnecessary to go over them in detail

again. We beg only to offer a few remarks upon certain points raised

in your letter of 8th April:--Bewaarplaatsen: We suggest a basis for

the valuation of bewaarplaatsen, machine stands, and water-rights,

which in our opinion ought to be adopted, in order to have a uniform

and easy method of valuing these places.

Financier: Being fully aware of the complexity of financial problems

and questions of taxation in this State, we are anxious that the

financier appointed should be of such a standing as to command the

confidence of all, so that his recommendations cannot raise any

ulterior discussion. For that reason we expressed the opinion that,

before making the appointment, the Government should be guided in its

choice by someone belonging to a firm of well-known independent

standing. We have no desire to see this Government base its future

financial policy on any particular line, in the interest of, or

directed against, any special section of the people. We only wish to

see the financial policy established on sound recognized economic

principles, with fair and equitable taxation calculated according to

the proper requirements of the State.

Press Agitation--Political Organizations: We have already informed

you, that so far as we know, there has been no organized press

agitation, and that we should be willing at all times to deprecate

the stirring up of strife between nationalities caused by any agency

whatsoever. We consider it desirable to see that feeling more

general, as we are convinced that exaggerated press campaigns

conducted by newspapers generally reported to be influenced by the

Government, and tending to create dissension amongst the various

classes of the community, are calculated to cause an infinite amount

of harm to the vested interests of all sections of the population.

Dynamite: In your letter of the 8th April, you appear to have lost

sight of the fact that the proposed settlement was submitted to us as

a whole. Mr. Lippert made it clear that, in consideration of the

Government granting the measures enumerated in his memorandum, it was

expected that we should abandon our present contentions, and declare

ourselves satisfied with the settlement proposed by the Government.

Under ordinary circumstances this would be far from meeting our

desires, but we intimated to you that we should be willing to

recommend to the mining industry the adoption of the proposals made

to us on this subject, if by so doing we could promote a permanent

satisfactory solution of all pending questions.

In conclusion, we beg to refer to the publication of our previous

letter to you. It took place here on the 6th inst., in the afternoon;

we immediately instituted an inquiry, and on the 8th inst., in the

morning, we wrote that we were in a position to assure you that we

could in no way be held responsible for the publication. We never for

a moment doubted your good faith, nor that of the other gentlemen for

whom the letter was meant, but thought that possibly the

communication could have been made through one of your subordinates.

However, not being certain of the fact, we merely repudiated any

responsibility on our part, and regret that you should have publicly

laid the blame on our side, without having communicated with us,

asking for an explanation, if you had any suspicion.

We beg to assure you that we are as willing as ever to co-operate

with you in arriving at a settlement of all pending differences in

order to secure peace and prosperity in this country, and we shall be

ready at all times to meet and discuss with you, or any other

delegates of the Government, any matter likely to bring about a

speedy and permanent solution of all questions, still bearing in mind

what we mentioned in our previous correspondence, that we are not

qualified to speak on behalf of the whole community.

As you have informed us that you have no objection to it, we shall

give a copy of this letter to the press.

We have the honour to be, honourable Sir,

Your obedient servants,

G. ROULIOT,

JOHN M. PIERCE,

A. BRAKHAN,

E. BIRKENRUTH.

(Mr. Pistorius, being absent from town, could not sign this letter.)

ANNEXURE 'A'

MR. E. LIPPERT'S MEMORANDUM.

1. Cessation of press agitation here and in Europe.

2. Support on the coolie question.

3. Settlement of the dynamite question.

4. Loan (if required).

5. Severance from the S. A. League.

6. Appointment of State Financier and State Auditor, of European

reputation, with a seat and vote on the Executive in all questions of

finance.

7. No new taxation of mines until submitted by Minister of

Finance.

8. Moderate valuation of bewaarplaatsen.

9. Burgher rights--five years--property test.

ANNEXURE 'B.'

Cessation of press agitation here and in Europe.

Support to the Government in its treatment of the coolie

question.

Settlement of the dynamite question.

Deprecate the objects of the S.A. League.

Support the placing of a loan if Government wishes it.

Appointment of a financial adviser to the Government, of European

reputation, and of an Auditor, both with seats and votes in the

Executive Council on all financial matters. (This has been amended by

the Government, so far as the Auditor is concerned, to retain the

present Auditor, and to give him, _re_ dismissal, the same status as

a Judge, and to make him directly responsible to the Volksraad.)

No fresh taxation to be levied on the mines until the Financial

Adviser has laid his proposals before the Government.

Sale of the undermining rights to the holders of surface rights

(bewaarplaatsen, &c.), at a moderate valuation.

Extension of the franchise by granting burgher rights after ... years

of registration, coupled with a property test.

ANNEXURE 'C.'

DRAFT OF DECLARATION TO FOLLOW PROTOCOL EMBODYING THE RESOLUTIONS

AGREED UPON.

... Thereupon the subscribed parties from Johannesburg, for

themselves, and for the parties they represent here and in Europe,

declared:--

'The passing by the Volksraad of the laws to be submitted by the

Government during this session,--

'For the appointment during the present year of a Financial Adviser

to the Government, of European reputation, who shall have a seat and

a vote in the Executive Council on all financial matters.

'For placing the Auditor-General on the same status _re_ dismissal as

the Judges, and for making him responsible directly to the Volksraad,

it being agreed that until such Financial Adviser has laid his budget

proposals before the Government, no fresh taxation shall be laid upon

the mining industry, nor any other direct taxation.

'For granting the undermining rights under bewaarplaatsen, machine

stands, and water-rights, to the present holders of the licences,

covering such reserved areas at a moderate valuation; such valuation

to be arrived at in the following manner: The Government to appoint a

valuator, with instructions to value these rights at a fair and

moderate valuation, the holder of the surface licence to appoint a

valuator; if they agree, then the surface licence holder shall have

the first right to the undermining rights at such valuation; if the

two valuators cannot agree about a valuation, they shall appoint

together an umpire; if they cannot agree about an umpire, the Chief

justice of the High Court shall be asked to appoint an umpire; the

decision of such umpire shall be final as to the value of the area

under arbitration. If the holder of the surface licence refuses to

purchase at the said valuation, the Government shall be at liberty to

dispose of it elsewhere.

'For a permanent settlement of the dynamite question on one or the

other bases following, namely, that the _status quo_ remain in force

till the end of the contract period, the Government making use of its

right to revise the prices under the terms of the agreement or that

the Dynamite Company reduce the price by 5s. to 70s. for No. 1 and to

90s. for blasting gelatine, the Government undertaking to take over

the works of the Dynamite Company at the end of the agreement at a

valuation as provided by the offer now before the Volksraad.

'For an extension of the franchise to all white aliens in this State,

in the following manner: That naturalization be granted to all

seeking it, who have resided in the State for two years and who are

of good behaviour and who have not suffered any dishonourable

sentence by any Court, upon taking the oath of allegiance as

prescribed by the existing law; upon such naturalization he shall be

entitled to elect a member to the Second Volksraad, and two years

after shall be entitled to be elected as a member of the Second

Volksraad. A period of seven years having elapsed after

naturalization, he shall by virtue of that lapse of time and without

further hindrance obtain full burgher rights, the Government,

however, reserve to themselves the right (in order to secure the

passing of such law through the Volksraad of this and that of the

session of 1900) to extend the period of naturalization for the right

of voting for the election of a President. Children of naturalized

aliens, who attain their majority when their father has obtained full

burgher rights, have _ipso facto_ the same rights as the father. The

Government shall also have the right to attach a moderate property

qualification to the obtaining of these extended franchise rights. It

is understood that by the laws of the State, this extended franchise

can only finally be granted by the Volksraad in session 1900, after

the law has been submitted to the people for twelve months, but that

the period of 9 resp. 7 years shall date from the passing of the

resolution to be passed by the Volksraad now in session.

will be hailed by us with great satisfaction as removing all

obstacles to a friendly and peaceful development of mutual

understanding and co-operation; it is our wish, and in the interest

of those we represent, that the public in Europe and in South Africa

be made fully aware hereof by means of the press, and that hostile

agitation by means of the press here and elsewhere shall be avoided

in future.

'We deprecate all attempts that may be made by political agencies to

stir up strife between the different nationalities inhabiting this

State, and shall not be parties to any such organizations.

'Seeing the many evils springing from indiscriminate immigration of

coloured races, and having been assured that the Government will do

all in its power to facilitate in other ways the supply of labour, we

support the Government in its contention that the regulations

concerning the treatment of "coolies and other coloured races" had

best be left to them as a matter of internal concern.

'We will support the placing of a State loan recommended by the

Financier in the European markets at reasonable rates, if the

Government should desire us to do so in the common interest.

'Seeing the great value the Government evidently sets upon a friendly

and permanent settlement of the dynamite question, which has

contributed so much to disturbing the good relations, we declare

ourselves satisfied with the final settlement arrived at.

'And should, after the passing of the above proposals of law as a

whole by the Volksraad, the Government desire us to give publicity to

this our declaration for the promotion of peace and goodwill, such

publicity as the Government may desire shall be given thereto.'

While the negotiations were actually in progress, and while the

Imperial Government were awaiting a reply to their dispatch, the

President made two determined attempts to rush the confirmation of

the dynamite monopoly through the Raad. The first proposal was for

the fifteen years' extension, and the second provided for condonation

of all breaches of the concession in the past and for compensation

upon the expiry of the concession.

The Uitlanders had not failed to perceive that the pit dug for them

might conceivably serve another purpose. They ignored these two

breaches of faith on the part of the President, and pursued the

negotiations; and Mr. Kruger overreached himself. Having failed with

Johannesburg, and having failed in the Raad, he appealed to his

burghers with the scheme of mock reform. His hope was to get such

support in the country that the Volksraad in its May session would

have to spare the monopoly. He did not realize that he would have to

make good the things which he had offered as shams. His greed had

given the opening: his hand had provided the weapon. It is not good

to be too clever; and the luck had turned.

The publication of the correspondence between the Government and the

capitalists created a profound impression. The series of speeches

delivered by the President in support of his sham reforms only

deepened that impression by providing more and more convincing

evidence as to who the real intriguers and mischief-makers were. To

the Uitlander public one thing became quite clear, and that was that

it was the Government who wished to barter their rights away and the

capitalists--the abused capitalists--who refused to do so. An attempt

was immediately made to hold a large public meeting for the purpose

of endorsing the attitude taken by the negotiators, but the

Government refused permission to hold an open-air meeting. In their

attempt to hold a meeting indoors, the Uitlanders were defeated by

the building being condemned as unsafe. The Government yielded,

however, before the storm of disapproval which followed their

prohibition, and the State Secretary, Mr. Reitz, suggested that the

Uitlanders should hold a series of small indoor meetings in different

localities. The meetings were accordingly held, and they provided

unmistakable evidence of the gravity of the position. By their

numbers, their unanimity, their enthusiasm, and their moderation,

the Uitlanders carried conviction to some and roused the grave

apprehension of others. Among the latter, it is fair to infer, were

President Kruger and his sympathizers in the Free State and Cape

Colony.

There is one disability the existence of which the advocates of the

Uitlander cause are always painfully conscious of. They know as well

as any of their critics that it is no picture which is all

black--that you get no perspective, no effects, without contrasts!

Yet it has not been believed that they were willing to acknowledge

the good that there was, and that a politic instinct no less than a

sense of justice prompted a diligent effort to discover and make much

of the genuinely hopeful signs. The monotony was none of their

making; it was in the nature of the facts, and not of the recital;

but monotony there was, and it was productive of one very bad result.

The conditions, admittedly bad, came to be regarded by a good many as

being only as bad as they had for a long time been known to be,

leaving little hope except through the long slow influence of time,

but causing no immediate anxiety or alarm. Someday a grubbing

historian may read the back files of South African newspapers and

marvel that such warnings should have passed unheeded, but the fact

is that the Transvaal Government and its sympathizers had become

indifferent to warnings followed by no results and accustomed to

prophecies unfulfilled. To say that they were 'fiddling while Rome

burned' is to a great extent true of those of the South African Dutch

who were sincerely desirous that the Transvaal Government should

reform its ways and who were not consciously aiding in the

republicanizing movement; but even of them it is not an adequate

description,--as the answers given to two questioners by the most

prominent and one of the most prominent Bondsmen indicate. Both of

them had in private conversation on different occasions acknowledged

the soundness of the Uitlander cause. To the suggestion, 'Then why

not say so publicly?' the less important of the two replied, 'People

would only say that I am climbing down and ratting on my party.' And

the more important of the two, answering a similar question, said,

'Yes, the Rev. S.J. Du Toit did that. He was the founder of the

Bond; and to-day he is--nothing! If I did it, I should fall as he

did.' 'Then,' said his British friend, 'what is influence worth if it

cannot be used for good? Can there be said to be influence when it

cannot be used at all?' 'No,' was the reply, 'I have no influence as

against the cry of race: blood is thicker than water; and I have no

influence at all with Kruger.' The answer to this contained the crux

of the question. 'Indeed you have; but you have not the courage to

exercise it. The influence of advice has failed, dare you try the

influence of repudiation?' The answer was a shake of the head and

'Blood is thicker than water.' That is it! The Piper pipes and the

children follow.

It is too much to believe that the conference between the High

Commissioner and President Kruger was a suggestion to which the

latter had to be won over either by President Steyn or Mr. Hofmeyr.

It is, indeed, well-known that the idea of a meeting for the purpose

of discussing matters at issue between the two Governments had been

considered in Pretoria for some months before it actually took

place.{51}

The news that, upon the invitation of President Steyn, the High

Commissioner and President Kruger had agreed to meet at Bloemfontein,

was received by the Uitlanders with relief; not hope, because it was

believed that the President's object was to get something, not to

give something; but sheer relief, because, come what might, the

position could never again be the same as it was before the

conference. Something must change; someone must yield; the unbearable

strain must cease. Sir Alfred Milner--wise and just and

strong--commanded the entire confidence of the Uitlanders. It was not

hoped that he would succeed in effecting a settlement at such a

meeting, because in the circumstances such an achievement was

believed not to be humanly possible; but it was not feared that he

would fail in his duty to his country and to his trust.

It is no part of the object of this volume to deal with the

negotiations which took place at Bloemfontein or with the terms of

settlement at the present moment under discussion; the object is to

recite the circumstances and conditions which made these negotiations

necessary, and which, if they fail, must lead to bloodshed.

With a barrier of insurmountable race feeling before them, the

Uitlanders are hopeless of effecting a peaceful redress of their

grievances except by the aid of the Suzerain power. The President and

his party will not yield one iota except upon the advice of those who

have the will and the power to see that that advice is followed. Such

power rests in two quarters. It rests with the progressive Dutch of

South Africa. They have the power, but unfortunately they have not as

yet the will or they have not the courage to use it. Time after time

have they been stultified by rallying to the cry of race and

defending Mr. Kruger's attitude on certain points, only to find the

President abandoning as untenable the position which they have

proclaimed to be proper. To them have been addressed most earnest and

most solemn appeals to be up and doing whilst there was yet time.

From them have been extracted--in times of peace--the amplest

admissions of the justice of the Uitlander case. But there is a point

beyond which they will not go. They will not say to the President and

his party: 'We cannot extol in you what we would condemn in

ourselves. The claim of kindred cannot for ever be the stalking-horse

for injustice.' That they cannot do; and thus are they bonded to the

one who will raise the race cry without scruple. There is no more

hopeless feature for the peaceful settlement of the Transvaal

question from within than the unanimity which marks the public

utterances of those who are claimed as representing Afrikander

sentiment in the present crisis. Those expressions, ranging from the

most violent denunciations by politicians and ministers of the gospel

down to the most illogical and hysterical appeals of public writers,

all, all are directed against the injured. Not a warning, not a

hint--not a prayer even--addressed to the offender. They have not the

sense of justice to see or they have not the courage to denounce the

perpetrators of evil, but direct all their efforts to hushing the

complaints of the victims. Truly it would almost appear that there

is some guiding principle running through it all; something which

recognizes the real sinner in the victim who complains and not in

the villain who perpetrates; the something which found a concrete

expression when bail was fixed at £200 for the murder of a British

subject and at £1,000 for the crime of objecting to it.

No civilized body of men ever had more just cause for complaint than

the Uitlanders of the Transvaal have, but they carry on their reform

movement under very difficult and discouraging conditions. Those who

have petitioned their Sovereign to secure for them some amelioration

of their lot are branded by the head of the State as rebels for so

doing, and his example is followed by all his party. Those men who

organized or addressed the public meetings which were suggested by

Mr. Reitz, the State Secretary, and held for the purpose of

discussing a proposal publicly made by the Government, are the men

whom Messrs. Dieperink and Viljoen, the members representing

Johannesburg in the First and Second Volksraads, denounced as

traitors who should be summarily dealt with by the Government.

British subjects associated with the Uitlander cause who venture to

call upon the British Agent in Pretoria or the High Commissioner in

Cape Town are regarded as conspirators and are watched by spies and

all their movements are reported to the Transvaal Government.{52} The

recognized leaders among the Uitlanders are black-listed in the Dutch

press, their names, addresses, and occupations given so that they may

be identified,--marked down in the newspapers supported by the

Government--as men to be dragged out and shot without trial.

Uitlander newspapers have been suppressed for mere political reasons,

without even the allegation that there was incitement to violence or

disorder, and it is therefore not unreasonable that the impunity

with which the Dutch newspapers continue this campaign month after

month should be taken as the measure of the Government's complicity.

It is in these circumstances that appeal has been made to England,

the only other quarter in which there rests the power to see that

justice shall be done. It is an appeal which might well be based upon

the broad and acknowledged right of a subject to claim in case of

injustice the good offices of his own Government. But here it is

based upon a special right. It is the _spirit_{53} of the Pretoria

Convention which the Uitlander has invoked for many years, only to be

told that the spirit is as it may be interpreted from the letter. But

it is not so! Will it be suggested that the British Government

contemplated such license when they granted the charter of

self-government to the Transvaal or that they would have granted

it had they foreseen the interpretation? Can it be said that Mr.

Kruger and his colleagues contemplated it or would have dared to avow

the intention if it were ever entertained? No! And he will be a

bolder man than Mr. Kruger who will dispute that answer; for the

President's own defence is, not that he had the intention or has the

right to differentiate between races and between classes; but--that

he does not differentiate. So that the issue is narrowed to this,

that it is merely a question of fact!

But the appeal of British subjects in the Transvaal will claim a

hearing for other reasons too! Only the blindest can fail to realize

how much is at stake, materially and morally, or can fail to see what

is the real issue, and how the Mother Country stands on trial before

all her children, who are the Empire. Only those who do not count

will refuse to face the responsibility in all seriousness, or will

fail to receive in the best spirit the timely reminder of past

neglect. If the reproaching truth be a hard thing to hear, it is, for

those whose every impulse jumps towards championing the great Home

Land, a far, far harder thing to say. Unpleasant it may be, but not

without good, that England's record in South Africa--of subjects

abandoned and of rights ignored, of duty neglected and of pledge

unkept, of lost prestige and slipping Empire--should speak to quicken

a memory and rouse the native sense of right, so that a nation's

conscience will say 'Be just before you are generous! Be just to

all--even to your own!'

Footnotes for Chapter XI

{49} It is stated that President Kruger, ever since the signing of

the London Convention on Majuba Day--February 27--1884, has believed

in certain lucky days, and has a kind of superstitious regard for

anniversaries. If that be so, the incidence of events has given him

something to ponder over during the last three years. Three notable

schemes conceived by himself and carefully designed to strengthen his

position, have by a curious coincidence matured upon dates of certain

interest in Transvaal history. All three have failed disastrously.

The first anniversary of the Reformers' sentence day was the occasion

of the Reformers giving evidence before the Industrial Commission,

which so strongly justified their case. The Peace Negotiations with

the Capitalists were opened by Mr. Lippert upon the anniversary of

Majuba. The Bloemfontein Conference was opened upon the Reformers'

emancipation day, the expiry of the three years' silence. That his

Honour really attaches importance to these things was shown when over

two hundred ministers representing the Dutch Reformed Church in the

Transvaal met in Pretoria to urge upon him the suppression of the

Illicit Liquor trade. In all innocence they had chosen May 24 on

which to present their address. Their astonishment was great when Mr.

Kruger, passing lightly by the liquor question, gave the assembled

pastors a thorough wigging for finding fault with his administration

at all, but chiefly for their unpatriotic conduct in selecting the

Queen's birthday of all days on which to expose internal differences

in their country.

{50} In addressing a meeting of burghers in Heidelburg three months

later the President showed to what lengths he was prepared to go in

defending the monopoly when in reply to a question he denied that any

such offer had been received '_by the Executive.'_ The explanation,

which he did not give, is that the _Government, i.e.,_ the President

and State Secretary, had received it--and withheld it from the

Executive!

{51} In March the writer made the suggestion to a representative of

the Pretoria Government in the hope of getting rid by a 'square talk'

of the many and ever-increasing differences, and was informed that

the idea had often been discussed and as often abandoned, because it

contained the objectionable feature of establishing a precedent for

England's interference in internal affairs.

{52} When on a visit to Cape Town in April, the writer called

several times upon the High Commissioner, and learning by private

advice that his movements were being reported in detail through the

Secret Service Department, he informed Sir Alfred Milner of the fact.

Sir Alfred admitted that the idea of secret agents in British

territory and spies round or in Government House was not pleasant,

but expressed the hope that such things should not deter those who

wished to call on him, as he was there as the representative of her

Majesty for the benefit of British subjects and very desirous of

ascertaining for himself the facts of the case.

{53} Since this was written, Mr. Chamberlain, speaking in the House

of Commons on July 28, 1899, has thus disposed of the question:--

'It has been broken in the spirit more than it has been broken in the

letter. The whole spirit of the convention is the preservation of

equality as between all the white inhabitants of the Transvaal, and

the whole policy of the Transvaal has been to promote a position of

inferiority on the part of certain classes. There is something even

more striking than that. The conventions were, of course, the result

of a previous conference. At that conference definite promises were

made which made it impossible to doubt with what object the

convention was signed. On May 10, 1881, at a conference between

representatives of her Majesty and representatives of the Transvaal

the President, Sir Hercules Robinson, asked this question:--

'"Before annexation had British subjects complete freedom of trade

throughout the Transvaal? Were they on the same footing as citizens

of the Transvaal?

'"Mr. Kruger replied: They were on the same footing as the burghers.

There was not the slightest difference in accordance with the Sand

River Convention.

'"Sir Hercules Robinson: I presume you will not object to that

continuing?

'"Mr. Kruger: No. There will be equal protection for everybody.

'"Sir Evelyn Wood: And equal privileges.

'"Mr. Kruger: We make no difference so far as burgher rights are

concerned. There may, perhaps, be some slight difference in the case

of a young person who has just come into the country."

(Cheers.) 'Now, there is a distinct promise given by the man who is

now President of the Transvaal State that, so far as burgher rights

were concerned, they made and would make no difference whatever

between burghers and those who came in. The root of the difficulty

which I have been describing lies in the fact that this promise has

not been kept.'

APPENDICES.

APPENDIX A.

PRETORIA CONVENTION.

CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY.

_August, 1881._

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 I.

The said territory, to be hereinafter called the Transvaal State,

will embrace the land lying between the following boundaries, to wit:

[here follow three pages in print defining boundaries.]

ARTICLE II.

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 hereinafter

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 III.

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 interest 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 IV.

On the 8th day 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 V.

All sentences passed upon persons who may be convicted of offences

contrary to the rules of civilized 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 recognized and acted upon by the future Government

of the said State.

ARTICLE VI.

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

hereinafter 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

hereinafter 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 VII.

The decision of all claims for compensation, as in the last preceding

Article mentioned, will be referred to a Sub-Commission, consisting

of the Honourable George Hudson, the Honourable Jacobus Petrus de

Wet, and the Honourable John Gilbert Kotzé. 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 hereinafter

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 VIII.

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 especially 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 IX.

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 hereinafter provided for.

ARTICLE X.

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 £48,000 in respect of the Cape

Commercial Bank Loan, and £85,667 in respect of the Railway Loan,

together with the amount due on 8th August, 1881, on account of the

Orphan Chamber Debt, which now stands at £22,200, 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 £265,000, which debt, together with

such debts as may be incurred by virtue of the 9th Article, will be a

second charge upon the revenues of the State.

ARTICLE XI.

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 which 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 nine pence per cent, per annum, which will extinguish the debt in

twenty-live years. The said payment of six pounds and nine pence per

£100 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

£100,000 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 XII.

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 XIII.

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, hereinafter mentioned, in trust

for such natives.

ARTICLE XIV.

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 Third Article of this Convention.

ARTICLE XV.

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 XVI.

The provisions of the Fourth Article of the Sand River Convention are

hereby reaffirmed, and no slavery or apprenticeship partaking of

slavery will be tolerated by the Government of the said State.

ARTICLE XVII.

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 XVIII.

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 Chargé 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 had 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 (us 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 XIX.

The Government of the Transvaal State will strictly adhere to the

boundaries defined in the First 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 XX.

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 I., 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 First 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 XXI.

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 hereinafter

mentioned.

ARTICLE XXII.

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 Waterberg,

Zoutpansberg, and Lydenburg until the locations in the said districts

respectively shall have been defined by the said Commission.

ARTICLE XXIII.

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 XXIV.

The independence of the Swazies within the boundary line of

Swaziland, as indicated in the First Article of this Convention, will

be fully recognized.

ARTICLE XXV.

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 XXVI.

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 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 XXVII.

All inhabitants of the Transvaal shall have free access to the Courts

of Justice for the protection and defence of their rights.

ARTICLE XXVIII.

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 XXIX.

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 XXX.

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 licenses duly issued

since the annexation will remain in force during the period for which

they may have been issued.

ARTICLE XXXI.

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 XXXII.

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 XXXIII.

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.

APPENDIX B.

LONDON CONVENTION.

A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF

GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC.

_February, 1884._

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 St. Michael and St. George, Governor of the

Colony of the Cape of Good Hope, and on behalf of the Transvaal State

(which shall hereinafter 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 I.

The Territory of the South African Republic will embrace the land

lying between the following boundaries, to wit:

Beginning from the point where the north-eastern boundary line of

Griqualand West meets the Vaal River, up the course of the Vaal River

to the point of junction with it of the Klip River; thence up the

course of the Klip River to the point of junction with it of the

stream called Gansvlei; thence up the Gansvlei stream to its source

in the Drakensberg; thence to a beacon in the boundary of Natal,

situated immediately opposite and close to the source of the Gansvlei

stream; thence in a north-easterly direction along the ridge of the

Drakensberg, dividing the waters flowing into the Gansvlei stream

from the waters flowing into the sources of the Buffalo, to a beacon

on a point where this mountain ceases to be a continuous chain;

thence to a beacon on a plain to the north-east of the last described

beacon; thence to the nearest source of a small stream called

'Division Stream'; thence down this division stream, which forms the

southern boundary of the farm Sandfontein, the property of Messrs.

Meek, to its junction with the Coldstream; thence down the Coldstream

to its junction with the Buffalo or Umzinyati River; thence down the

course of the Buffalo River to the junction with it of the Blood

River; thence up the course of the Blood River to the junction

with it of Lyn Spruit or Dudusi; thence up the Dudusi to its

source; thence 80 yards to Bea. I., situated on a spur of the

N'Qaba-Ka-hawana Mountains; thence 80 yards to the N'Sonto River;

thence down the N'Sonto River to its junction with the White Umvulozi

River; thence up the White Umvulozi River to a white rock where it

rises; thence 800 yards to Kambula Hill (Bea. II.); thence to the

source of the Pemvana River, where the road from Kambula Camp to

Burgers' Lager crosses; thence down the Pemvana River to its junction

with the Bivana River; thence down the Bivana River to its junction

with the Pongolo River; thence down the Pongolo River to where it

passes through the Libombo Range; thence along the summits of the

Libombo Range to the northern point of the N'Yawos Hill in that range

(Bea. XVI); thence to the northern peak of the Inkwakweni Hills

(Bea. XV.); thence to Sefunda, a rocky knoll detached from and to the

north-east end of the White Koppies, and to the south of the Musana

River (Bea. XIX.); thence to a point on the slope near the crest of

Matanjeni, which is the name given to the south-eastern portion

of the Mahamba Hills (Bea. XIII.); thence to the N'gwangwana, a

double-pointed hill (one point is bare, the other wooded, the beacon

being on the former) on the left bank of the Assegai River and

upstream of the Dadusa Spruit (Bea. XII.); thence to the southern

point of Bendita, a rocky knoll in a plain between the Little Hlozane

and Assegai Rivers (Bea. XI.); thence to the highest point of Suluka

Hill, round the eastern slopes of which flows the Little Hlozane,

also called Ludaka or Mudspruit (Bea. X.); thence to the beacon known

as 'Viljoen's,' or N'Duko Hill; thence to a point north-east of Derby

House, known as Magwazidili's Beacon; thence to the Igaba, a small

knoll on the Ungwempisi River, also called 'Joubert's Beacon,' and

known to the natives as 'Piet's Beacon' (Bea. IX.); thence to the

highest point of the N'Dhlovudwalili or Houtbosch, a hill on the

northern bank of the Umqwempisi River (Bea. VIII.); thence to a

beacon on the only flat-topped rock, about 10 feet high and about 30

yards in circumference at its base, situated on the south side of the

Lamsamane range of hills, and overlooking the valley of the great

Usuto River; this rock being 45 yards north of the road from Camden

and Lake Banagher to the forests on the Usuto River (sometimes

called Sandhlanas Beacon) (Bea. VII.); thence to the Gulungwana

or Ibubulundi, four smooth bare hills, the highest in that

neighbourhood, situated to the south of the Umtuli River (Bea. VI.),

thence to a flat-topped rock, 8 feet high, on the crest of the

Busuku, a low rocky range south-west of the Impulazi River (Bea.

V.); thence to a low bare hill on the north-east of, and overlooking

the Impulazi River, to the south of it being a tributary of the

Impulazi, with a considerable waterfall, and the road from the river

passing 200 yards to the north-west of the beacon (Bea. IV.); thence

to the highest point of the Mapumula range, the water-shed of the

Little Usuto River on the north, and the Umpulazi River on the south,

the hill, the top of which is a bare rock, falling abruptly towards

the Little Usuto (Bea. III.); thence to the western point of a

double-pointed rocky hill, precipitous on all sides, called Makwana,

its top being a bare rock (Bea. II.); thence to the top of a rugged

hill of considerable height falling abruptly to the Komati River,

this hill being the northern extremity of the Isilotwani range, and

separated from the highest peak of the range Inkomokazi (a sharp

cone) by a deep neck (Bea. I.). (On a ridge in the straight line

between Beacons I. and II. is an intermediate beacon.) From Beacon I.

the boundary runs to a hill across the Komati River, and thence along

the crest of the range of hills known as the Makongwa, which runs

north-east and south-west, to Kamhlubana Peak; thence in a straight

line to Mananga, a point in the Libombo range, and thence to the

nearest point in the Portuguese frontier on the Libombo range; thence

along the summits of the Libombo range to the middle of the poort

where the Komati River passes through it, called the lowest Komati

Poort; thence in a north by easterly direction to Pokioens Kop,

situated on the north side of the Olifant's River, where it passes

through the ridges; thence about north-north-west to the nearest

point of Serra di Chicundo; and thence to the junction of the Pafori

River with the Limpopo or Crocodile River; thence up the course of

the Limpopo River to the point where the Marique River falls into it.

Thence up the course of the Marique River to 'Derde Poort,' where it

passes through a low range of hills, called Sikwane, a beacon (No.

10) being erected on the spur of said range near to, and westward of,

the banks of the river; thence, in a straight line, through this

beacon to a beacon (No. 9), erected on the top of the same range,

about 1,700 yards distant from beacon No. 10; thence, in a straight

line, to a beacon (No. 8) erected on the highest point of an isolated

hill, called Dikgagong, or 'Wildebeest Kop,' situated south-eastward

of, and about 3-1/3 miles distant from a high hill, called Moripe;

thence, in a straight line, to a beacon (No. 7) erected on the summit

of an isolated hill or 'koppie' forming the eastern extremity of the

range of hills called Moshweu, situated to the northward of, and

about two miles distant from, a large isolated hill called

Chukudu-Chochwa; thence, in a straight line, to a beacon (No. 6)

erected on the summit of a hill forming part of the same range,

Moshweu; thence, in a straight line, to a beacon (No. 5) erected on

the summit of a pointed hill in the same range; thence, in a straight

line, to a beacon (No. 4) erected on the summit of the western

extremity of the same range; thence, in a straight line, to a beacon

(No. 3) erected on the summit of the northern extremity of a low,

bushy hill, or 'koppie,' near to and eastward of the Notwane River;

thence, in a straight line, to the junction of the stream called

Metsi-Mashware with the Notwane River (No. 2); thence up the course

of the Notwane River to Sengoma, being the poort where the river

passes through the Dwarsberg range; thence, as described in the Award

given by Lieutenant-Governor Keate, dated October 17, 1871, by

Pitlanganyane (narrow place), Deboaganka or Schaapkuil, Sibatoul

(bare place), and Maclase, to Ramatlabama, a pool on a spruit north

of the Molopo River. From Ramatlabama the boundary shall run to the

summit of an isolated hill called Leganka; thence, in a straight

line, passing north-east of a Native Station, near 'Buurman's Drift,'

on the Molopo River, to that point on the road from Mosiega to the

old drift, where a road turns out through the Native Station to the

new drift below; thence to 'Buurman's Old Drift'; thence, in a

straight line, to a marked and isolated clump of trees near to and

north-west of the dwelling-house of C. Austin, a tenant on the farm

'Vleifontein,' No. 117; thence, in a straight line, to the

north-western corner beacon of the farm 'Mooimeisjesfontein,' No 30;

thence, along the western line of the said farm 'Mooimeisjesfontein,'

and in prolongation thereof, as far as the road leading from

'Ludik's Drift,' on the Molopo River, past the homestead of

'Mooimeisjesfontein,' towards the Salt Pans near Harts River; thence,

along the said road, crossing the direct road from Polfontein to

Sehuba, and until the direct road from Polfontein to Lotlakane or

Pietfontein is reached; thence, along the southern edge of the

last-named road towards Lotlakane, until the first garden ground of

that station is reached; thence, in a south-westerly direction,

skirting Lotlakane, so as to leave it and all its garden ground in

native territory, until the road from Lotlakane to Kunana is reached;

thence along the east side, and clear of that road towards Kunana,

until the garden grounds of that station are reached; thence,

skirting Kunana, so as to include it and all its garden ground, but

no more, in the Transvaal, until the road from Kunana to Mamusa is

reached; thence, along the eastern side and clear of the road towards

Mamusa, until a road turns out towards Taungs; thence, along the

eastern side and clear of the road towards Taungs, till the line of

the district known as 'Stellaland' is reached, about 11 miles from

Taungs; thence, along the line of the district Stellaland, to the

Harts River, about 24 miles below Mamusa; thence, across Harts River,

to the junction of the roads from Monthe and Phokwane; thence, along

the western side and clear of the nearest road towards 'Koppie

Enkel,' an isolated hill about 36 miles from Mamusa, and about 18

miles north of Christiana, and to the summit of the said hill;

thence, in a straight line, to that point on the north-east boundary

of Griqualand West as beaconed by Mr. Surveyor Ford, where two farms,

registered as Nos. 72 and 75, do meet, about midway between the Vaal

and Harts Rivers, measured along the said boundary of Griqualand

West; thence to the first point where the north-east boundary of

Griqualand West meets the Vaal River.

ARTICLE II.