The Government of the South African Republic 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

encroachments upon lands beyond the said boundaries. The Government

of the South African Republic will appoint Commissioners upon the

eastern and western borders, whose duty it will be strictly to guard

against irregularities and all trespassing over the boundaries. Her

Majesty's Government will if necessary appoint Commissioners in the

native territories outside the eastern and western borders of the

South African Republic to maintain order and prevent encroachments.

Her Majesty's Government and the Government of the South African

Republic will each appoint a person to proceed together to beacon off

the amended south-west boundary as described in Article I of this

Convention; and the President of the Orange Free State shall be

requested to appoint a referee to whom the said persons shall refer

any questions on which they may disagree respecting the

interpretation of the said Article, and the decision of such

referee thereon shall be final. The arrangement already made, under

the terms of Article 19 of the Convention of Pretoria, of the 3rd

August, 1881, between the owners of the farms Grootfontein and

Valleifontein on the one hand, and the Barolong authorities on the

other, by which a fair share of the water supply of the said farms

shall be allowed to flow undisturbed to the said Barolongs, shall

continue in force.

ARTICLE III.

If a British officer is appointed to reside at Pretoria or elsewhere

within the South African Republic to discharge functions analogous to

those of a Consular officer, he will receive the protection and

assistance of the Republic.

ARTICLE IV.

The South African Republic will conclude no treaty or engagement with

any State or nation other than the Orange Free State, nor with any

native tribe to the eastward or westward of the Republic, until the

same has been approved by Her Majesty the Queen.

Such approval shall be considered to have been granted if Her

Majesty's Government shall not, within six months after receiving a

copy of such treaty (which shall be delivered to them immediately

upon its completion), have notified that the conclusion of such

treaty is in conflict with the interests of Great Britain or of any

of Her Majesty's possessions in South Africa.

ARTICLE V.

The South African Republic will be liable for any balance which may

still remain due of the debts for which it was liable at the date of

Annexation--to wit, the Cape Commercial Bank Loan, the Railway Loan,

and the Orphan Chamber Debt--which debts will be a first charge upon

the revenues of the Republic. The South African Republic will

moreover be liable to her Majesty's Government for £250,000, which

will be a second charge upon the revenues of the Republic.

ARTICLE VI.

The debt due as aforesaid by the South African Republic to Her

Majesty's Government will bear interest at the rate of three and a

half per cent, from the date of the ratification of this Convention,

and shall be repayable by a payment for interest and Sinking Fund of

six pounds and ninepence per £100 per annum, which will extinguish

the debt in twenty-five years. The said payment of six pounds and

ninepence per £100 shall be payable half-yearly in British currency

at the close of each half-year from the date of such ratification:

Provided always that the South African Republic shall be at liberty

at the close of any half-year to pay off the whole or any portion of

the outstanding debt.

Interest at the rate of three and a half per cent, on the debt as

standing under the Convention of Pretoria shall as heretofore be paid

to the date of the ratification of this Convention.

ARTICLE VII.

All persons who held property in the Transvaal on the 8th day of

August 1881 and still hold the same, will continue to enjoy the

rights of property which they have enjoyed since the 12th April,

1877. No person who has remained loyal to Her Majesty during the

late hostilities shall suffer any molestation by reason of his

loyalty; or be liable to any criminal prosecution or civil action

for any part taken in connection with such hostilities; and all

such persons will have full liberty to reside in the country, with

enjoyment of all civil rights, and protection for their persons and

property.

ARTICLE VIII.

The South African Republic renews the declaration made in the Sand

River Convention, and in the Convention of Pretoria, that no slavery

or apprenticeship partaking of slavery will be tolerated by the

Government of the said Republic.

ARTICLE IX.

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 X.

The British Officer appointed to reside in the South African Republic

will receive every assistance from the Government of the said

Republic in making due provision for the proper care and preservation

of the graves of such of Her Majesty's Forces as have died in the

Transvaal; and, if need be, for the appropriation of land for the

purpose.

ARTICLE XI.

All grants or titles issued at any time by the Transvaal Government

in respect of land outside the boundary of the South African

Republic, as defined in Article 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 South African Republic;

and all persons holding any such grant so considered invalid and of

no effect will receive from the Government of the South African

Republic such compensation, either in land or in money, as the

Volksraad shall determine. In all cases in which any Native Chiefs or

other authorities outside the said boundaries have received any

adequate consideration from the Government of the South African

Republic for land excluded from the Transvaal by the first Article of

this Convention, or where permanent improvements have been made on

the land, the High Commissioner will recover from the native

authorities fair compensation for the loss of the land thus excluded,

or of the permanent improvements thereon.

ARTICLE XII.

The independence of the Swazis, within the boundary line of

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

be fully recognized.

ARTICLE XIII.

Except in pursuance of any treaty or engagement made as provided in

Article 4 of this Convention, no other or higher duties shall be

imposed on the importation into the South African Republic of any

article coming from any part of Her Majesty's dominions than are or

may be imposed on the like article coming from any other place or

country; nor will any prohibition be maintained or imposed on the

importation into the South African Republic of any article coming

from any part of Her Majesty's dominions which shall not equally

extend to the like article coming from any other place or country.

And in like manner the same treatment shall be given to any article

coming to Great Britain from the South African Republic as to the

like article coming from any other place or country.

These provisions do not preclude the consideration of special

arrangements as to import duties and commercial relations between the

South African Republic and any of Her Majesty's colonies or

possessions.

ARTICLE XIV.

All persons, other than natives, conforming themselves to the laws of

the South African Republic _(a)_ will have full liberty, with their

families, to enter, travel, or reside in any part of the South

African Republic; _(b)_ they will be entitled to hire or possess

houses, manufactories, warehouses, shops, and premises; _(c)_ they

may carry on their commerce either in person or by any agents whom

they may think fit to employ; _(d)_ they will not be subject, in

respect of their persons or property, or in respect of their commerce

or industry, to any taxes, whether general or local, other than those

which are or may be imposed upon citizens of the said Republic.

ARTICLE XV.

All persons, other than natives, who established their domicile in

the Transvaal between the 12th day of April, 1877, and the 8th

August, 1881, and who within twelve months after such last-mentioned

date have had their names registered by the British Resident, shall

be exempt from all compulsory military service whatever.

ARTICLE XVI.

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 XVII.

All debts contracted between the 12th April, 1877, and the 8th

August, 1881, will be payable in the same currency in which they may

have been contracted.

ARTICLE XVIII.

No grants of land which may have been made, and no transfers or

mortgages which may have been passed between the 12th April, 1877,

and the 8th August, 1881, will be invalidated by reason merely of

their having been made or passed between such dates.

All transfers to the British Secretary for Native Affairs in trust

for natives will remain in force, an officer of the South African

Republic taking the place of such Secretary for Native Affairs.

ARTICLE XIX.

The Government of the South African Republic will engage faithfully

to fulfil the assurances given, in accordance with the laws of the

South African Republic, to the natives at the Pretoria Pitso by the

Royal Commission in the presence of the Triumvirate and with their

entire assent, (1) as to the freedom of the natives to buy or

otherwise acquire land under certain conditions, (2) as to the

appointment of a commission to mark out native locations, (3) as to

the access of the natives to the courts of law, and (4) as to their

being allowed to move freely within the country, or to leave it for

any legal purpose, under a pass system.

ARTICLE XX.

This Convention will be ratified by a Volksraad of the South African

Republic within the period of six months after its execution, and in

default of such ratification this Convention shall be null and void.

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

HERCULES ROBINSON.

S.J.P. KRUGER.

S.J. DU TOIT.

N.J. SMIT.

APPENDIX C.

PRESIDENT KRUGER'S AFFAIRS IN THE RAADS.

1889.

PRESIDENT.

_July_.--His Honour accepts a loan of £7,000 from the State funds at

2-1/2 per cent. interest (current rate being about 6 per cent.).

1890.

_July 4_.--The PRESIDENT said: Mr. Taljaard yesterday threw in my

teeth that I took advantage of my position to benefit my own

relations. I assure you that I have not done anything of the kind.

Unfortunately, one of my relatives who is a speculator has got a

concession, which I am in duty bound to carry out. But I am deeply

grieved that Mr. Taljaard said what he did say. In future, I can

assure you not a single member of my family shall receive a single

office. I will not even make one of them a constable. I have children

myself, but I have left them on the farm rather than put them in

office to draw money from the State.

1891.

_May_.--In answer to a request that President Kruger would allow his

name to be used as patron of a ball in honour of Her Majesty's

birthday:

SIR,

In reply to your favour of the 12th instant, requesting me to ask His

Honour the State President to consent to his name being used as a

patron of a ball to be given at Johannesburg on the 26th inst., I

have been instructed to inform you that His Honour considers a ball

as Baal's service, for which reason the Lord ordered Moses to kill

all offenders; and as it is therefore contrary to His Honour's

principles, His Honour cannot consent to the misuse of his name in

such connection.

I have, etc.,

F. ELOFF,

_Pr. Secretary._

1892.

FIRST RAAD.

PRESIDENT.

_May 24_.--It was resolved that a dam be constructed on the

President's farm 'Geduld' at a cost of £4,500, at the expense of the

Treasury.

SECOND RAAD.

The Public Works Department report that the road across the

President's farm 'Geduld,' estimated to cost £1,500, had actually

cost £5,000. Mr. MEYER stated that this road was of absolutely no use

to anyone but the owner of the farm!

FIRST RAAD.

_June 15_.--Letter from Mr. Mare, Deacon, on behalf of the United

Church, Pretoria, complaining that of the twelve erven given by

Government to the Church, they had been deprived of four, which had

been handed over to the President's Church, the Gerevoormede or

Dopper, and two of these had again been transferred to the President

himself.

_June 16_.--After a lengthy discussion it was resolved that the

President is entirely exonerated. The Raad further expressed its

disapproval of this conduct of a Christian Church, whose duty it

should be to foster Christian love, and set an example to the

burghers.

FIRST RAAD.

_August 2_.--A memorial was read from Lichtenburg, praying for a

stringent investigation into the Report of the Estimates Committee of

1890, in which it was stated that of £140,000 spent on the Pretoria

streets, vouchers for £22,000 were missing. The Raad decided on the

President's stating that nothing was wrong with the accounts to send

the memorialists a copy of the resolution of last year.

1893.

_July 17_.--The PRESIDENT said it was simply murdering the erection

of factories to say there should be no concessions. He denied that

factories could be erected without concessions. If the Raad wished to

throw out all concessions, well and good. That simply meant the

fostering of industries in other countries.

STANDS SCANDAL.{54}

_August 3_.--The PRESIDENT said that speculation, when fairly

conducted, was justifiable, and the Government had acted according to

the circumstances, and in the interests of the State. The Government

had no private interests in view, but thought the sale was quite

justifiable.

The Minister of Mines was then attacked for granting stands to Raad

officials when higher offers had been made.

Footnote for Appendix C

{54} By this name is known the series of transactions in which

Government land in Johannesburg was sold out of hand to certain

private individuals at a nominal figure, many thousands of pounds

below the then market value.

APPENDIX D.

VOLKSRAAD DEBATES.

_Extracts from the Published Reports._

1889.

_May 8_.--On the application of the Sheba G. M. Co. for permission to

erect an aërial tram from the mine to the mill,

Mr. GROBLAAR asked whether an aërial tram was a balloon or whether it

could fly through the air.

The only objection that the Chairman had to urge against granting the

tram was that the Company had an English name, and that with so many

Dutch ones available.

Mr. TALJAARD objected to the word 'participeeren' (participate) as

not being Dutch, and to him unintelligible: 'I can't believe the word

is Dutch; why have I never come across it in the Bible if it is?'

_June 18_.--On the application for a concession to treat tailings,

Mr. TALJAARD wished to know if the words 'pyrites' and 'concentrates'

could not be translated into the Dutch language. He could not

understand what it meant. He had gone to night-school as long as he

had been in Pretoria, and even now he could not explain everything to

his burghers. He thought it a shame that big hills should be made on

ground under which there might be rich reefs, and which in future

might be required for a market or outspan. He would support the

recommendation on condition that the name of the quartz should be

translated into Dutch, as there might be more in this than some of

them imagined.

REDUCTION OF IMPORT DUTIES ON EATABLES.

_June 20_.--Mr. WOLMARANS said the diggers simply did not want to buy

from the Boers; there was plenty of meat and bread in the land, and

the Boers could not get good prices for their cattle.

Mr. VAN HEERDEN could not see how the inhabitants of the State would

benefit in the least by lowering the tariff.

Messrs. LOMBAARD and WOLMARANS both declared that when duties were at

their highest groceries etc. were at their cheapest.

Mr. TALJAARD thought that members who were in favour of lowering the

tariff did not act for the benefit of the country.

1890.

_May 29_.--A discussion of considerable length took place on a

petition from burghers of Gatsrand, Potchefstroom district, praying

that at least two-thirds of the Government money now lying idle in

the banks should be given out to agriculturists as loans, and the

remainder for other purposes.

_July 2_.--His Honour was asked why he did not suppress all

sweepstakes and races.

The PRESIDENT said gambling and lotteries were in conflict with the

Word of God, but it was also the duty of man to have exercise and to

exercise his horses. For that reason an exception had been made in

the Bill as to horse-races, etc.

INCREASE OF OFFICIALS' SALARIES.

_July 7_.--The PRESIDENT supported the increase. He promised the

Raad--and he had done this before--that whenever there was a falling

off in the revenue, he would at once reduce the salaries. He had said

this before, and if members did not believe him let them call him a

liar at once.

1891.

SECOND RAAD.

_June 5_.--Mr. ESSELEN objected to minutes not being full enough.

Mr. TALJAARD accused Mr. Esselen of insulting the Raad.

A discussion ensued on minutes, in which certain proposals which had

been rejected had not been incorporated. Several members said that

the incorporation of proposals that had been rejected would entail

some members being held up to the scorn of the public.

ESTIMATES.

_June 24_.--Two hundred vouchers were found to be missing from the

yearly accounts, and no explanation could be given. Also £13,000 had

been given on loan to the Boeren Winkel (Boer General Store--a

private mercantile venture).

_July 27_.--Mr. MARE maintained that the Public Works were badly

administered.

The PRESIDENT dashed down the papers in front of him and stalked out

of the Raad, after emphatically denying that money had been wasted.

_July 27_.--At the debate on the question of appointing a State

financier, who could among other things be held responsible for the

disappearance of vouchers, the Auditor-General said that he did not

want an official of that nature, who would be always snivelling about

his books.

CLAUSE TWENTY-THREE OF THE GOLD LAW.

_August 5_.--The PRESIDENT said that owners of properties had quite

sufficient privileges already, and he did not want to give them more.

Mr. LOMBAARD said the Gold Fields wanted too much. The revenue from

the Gold Fields was already less than the expenditure. He was of

opinion that the best course would be to let the Gold Fields go to

the devil and look after themselves.

1892

SECOND RAAD.

_May 6._--Protracted discussion arose on the Postal Report, the

Conservatives being opposed to erecting pillar-boxes in Pretoria on

the ground that they were extravagant and effeminate.

OOM DYLE (Mr. TALJAARD) said that he could not see why people wanted

to be always writing letters. He wrote none himself. In the days of

his youth he had written a letter, and had not been afraid to travel

fifty miles and more on horseback and by wagon to post it; and now

people complained if they had to go one mile.

FIRST RAAD.

_May 21_.--On the question of abolishing the post of Minute-Keeper to

the Executive the President fell into a passion with Mr. Loveday who

thought a Minute-Keeper unnecessary, and left the Raad in a temper.

_June 13_.--The PRESIDENT said the reason why he did not subsidize

some papers by giving them advertisements was that they did not

defend the Government. It was the rule everywhere to give

advertisements to papers which supported the Government.

PRESIDENT AND GENERAL.

_July 21_.--General JOUBERT tenders his resignation as Chairman of

the Chicago Exhibition Committee. He had written again and again to

the President and State Secretary for an intimation of the

Government's intention with regard to the amount on the Estimates,

but his communications were treated with silent contempt.

The PRESIDENT made a long speech, in which he said he felt great

grief at being thus falsely charged by the General, who was also a

member of the Executive. Still he would only bless those who

spitefully used him and would not blacken the General.

SECOND RAAD.

_July 21_.--After the resolution had been taken on Mr. Van Niekerk's

proposition regarding compensation for claims not yet worked out

(Clause 60 of Gold Law), the PRESIDENT was still speaking, and

objecting to the recording of Van Niekerk's objection to the passing

of the Gold Law Clause Amendment, when Mr. ESSELEN called 'Order,

Order!' several times.

The PRESIDENT said he was insulted by Mr. Esselen and would withdraw

unless he apologized.

The Raad adjourned, as Mr. Esselen refused.

FIRST RAAD.

LOCUST EXTERMINATION.

_July 21_.--Mr. Roos said locusts were a plague, as in the days of

King Pharaoh, sent by God, and the country would assuredly be loaded

with shame and obloquy if it tried to raise its hand against the

mighty hand of the Almighty.

Messrs. DECLERQ and STEENKAMP spoke in the same strain, quoting

largely from the Scriptures.

The CHAIRMAN related a true story of a man whose farm was always

spared by the locusts, until one day he caused some to be killed. His

farm was then devastated.

Mr. STOOP conjured the members not to constitute themselves

terrestrial gods and oppose the Almighty.

Mr. LUCAS MEYER raised a storm by ridiculing the arguments of the

former speakers, and comparing the locusts to beasts of prey which

they destroyed.

Mr. LABUSCHAGNE was violent. He said the locusts were quite different

from beasts of prey. They were a special plague sent by God for their

sinfulness.

_July 26_.--Mr. DE BEER attacking the railways said they were already

beginning to eat the bitter fruits of them. He was thinking of

trekking to Damaraland, and his children would trek still further

into the wilderness out of the reach of the iron horse.

_August 16_.--Mr. DE BEER said he saw where all the opposition to

duties came from. It was English blood boiling to protect English

manufacture.

1893.

_June 21_.--A memorial was read from certain burghers of Waterberg

about children beating their parents, and praying that such children

should not be allowed to become officials of the State or sit in

Volksraad!

Mr. DE BEER--the Member for Waterberg--who in the days of his hot

youth is said to have given his father a sound thrashing, and is the

one aimed at by the memorialists, denied all knowledge of the

memorial.

CHARLESTOWN EXTENSION.

_August 24_.--Mr. WOLMARANS opposed the line, as it would compete

with the Delagoa Bay Railway, for which the State was responsible.

Mr. LE CLERQ maintained that the Cape Free State line was against the

interests of the burghers, as a tremendous number of cattle were

brought into the State from outside countries.

Mr. MALAN said he would never vote for this line.

Mr. ROOS referred to the sacred voice of the people, which he said

was against railways.

The extension was eventually approved of.

1894.

FIRST RAAD.

_May 14_.--A debate took place upon the clause that members should

appear in the House clad in broadcloth and having white neckties.

Mr. JAN DE BEER complained of the lack of uniformity in neckties.

Some wore a Tom Thumb variety, and others wore scarves. This was a

state of things to be deplored, and he considered that the Raad

should put its foot down and define the size and shape of neckties.

JAM CONCESSION.

_August 28_.--The PRESIDENT said he was against concessions generally

speaking, but there were cases where exceptions should be made. There

was for instance the Jam Concession. The manufacture of jam ought to

be protected.

REDUCTION OF POSTAGE FROM TWOPENCE TO ONE PENNY THROUGHOUT THE

REPUBLIC.

_August 22_.--Mr. WOLMARANS opposed the reduction, saying the Postal

Department would probably show a deficit at the end of the year. And

besides who would benefit? Certainly not the farmers.

Mr. LOMBAARD also was against the reduction.

Mr. DE LA REY said speculators could afford to pay the present rates

of postage, and as the reduction would only benefit the townspeople,

let matters remain unaltered. If he resided in a town and speculated

he would be able to pay twopence.

Mr. SCHUTTE said the Postal Department was run at a loss at present,

and if they further reduced the tariff things would go very badly

with them.

Reduction rejected, 13 to 9.

INCREASE OF REPRESENTATION.

_September 6_.--The PRESIDENT throughout the debate maintained that

there was no advantage to be gained by increased representation, and

that business could be more quickly transacted with a small number of

members. He disagreed with those members who wished to give big towns

representatives as the Raad would be swamped with town members.

After the rejection of various proposals the PRESIDENT rose and

pointed out it would mean ruination to the country if the Raad

resolved to increase the number of the members, and amidst some

confusion he left, declining to occupy the Presidential chair,

muttering that the Raad was large enough already and if it were

increased it would be a shame.

EDUCATION QUESTION.

_September 7_.--The Committee reported that a number of memorials had

been received, praying that more hours weekly should be devoted to

the English language. Counter memorials had also been received. The

Committee advised the Raad not to grant the request of more hours for

English.

Mr. LOMBAARD thought the Raad was bound to refuse the request, and it

would be useless to discuss the matter.

Mr. DE BEER could see no harm in granting the request, in fact it was

their duty to do so.

Mr. SPIES considered there was no necessity to teach English in the

State. Trade did not require it, and they could get on very well

without English. Let the English remain in their own country.

The PRESIDENT was opposed to extending the hours. He did not object

to English being taught, but then it must not interfere with the

language of the country to the prejudice of the latter language. He

had schools upon his farm, and parents objected to their children

being taught English in those schools. After a very little while they

could write English as well as or better than their own language, and

neglected Dutch for English. _The Dutch language could not be

maintained against English in competition._

Mr. WOLMARANS also spoke against the English language saying that if

they went through the list of those who had signed the memorial for

the annexation of the Transvaal by the English, they would find

without exception that those who signed were English-speaking.

He was against children being taught English so early, as when they

were taught young their minds became poisoned with English views.

Mr. OTTO agreed with the spirit of the Committee's report. This was a

Dutch country, with Dutch laws, and why should they be asked to

exchange the Dutch language for the English? What had the English

done for the country that this should be asked?

The CHAIRMAN thought many members made too much of the English

language already. One language was sufficient, and if a man was

properly educated in his own tongue that should suffice.

Mr. LE CLERQ and Mr. PRINSLOO both cautioned the Raad against foreign

languages in their schools.

Mr. LOVEDAY pointed out the absurdity of saying that the National

Independence depended upon one language only being used, and pointed

to the American and Swiss Republics as examples.

Mr. LOMBAARD in the course of a violent speech said those people who

wanted English taught in the State-aided schools were aiming at the

independence of the State. They wanted to bring dissension in the

midst of the burghers by teaching new and wrong ideas, and they

became indignant because the burghers would not allow it. He was

ashamed that members should argue in favour of injuring their

independence: English should not be taught in the State-aided

schools.

The law remained unaltered by 12 to 10.

1895.

_July 26_.--The matter of purchasing diamond drills cropping up, the

PRESIDENT said it was true that the two industries mining and

agriculture went hand in hand, but it must be remembered that every

fresh goldfield opened meant a fresh stream of people and extra

expenses. He hoped the Raad would excuse him referring to it, but the

Raad took away the revenue and still asked for money. There was the

reduction of postage; now it was asked to spend money on boring

machines, when each new field meant so much extra expense. Machines

for water boring were cheap and not fitted with diamonds like those

for mining, which required to be handled by experts. It must be

remembered that money voted for agricultural purposes was spent here,

while for the gold industry it was sent away. The Raad must be

careful how the money was voted.

FIRST RAAD.

FIRING AT THE CLOUDS TO BRING DOWN RAIN CONSIDERED IMPIOUS.

_August 5_.--A memorial was read from Krugersdorp praying that the

Raad would pass a law to prohibit the sending up of bombs into the

clouds to bring down rain, as it was a defiance of God and would most

likely bring down a visitation from the Almighty.

The Memorial Committee reported that they disapproved of such a

thing, but at the same time they did not consider they could make a

law on the subject.

Mr. A.D. WOLMARANS said he was astonished at this advice, and he

expected better from the Commission. If one of their children fired

towards the clouds with a revolver they would thrash him. Why should

they permit people to mock at the Almighty in this manner? It was

terrible to contemplate. He hoped that the Raad would take steps to

prevent such things happening.

The CHAIRMAN (who is also a member of the Memorial Commission) said

the Commission thought that such things were only done for a wager.

Mr. ERASMUS said they were not done for a wager but in real earnest.

People at Johannesburg actually thought that they could bring down

the rain from the clouds by firing cannons at them.

Mr. JAN MEYER said such things were actually done in Johannesburg.

Last year during the drought men were engaged to send charges of

dynamite into the clouds. They fired from the Wanderers' Ground and

from elsewhere, but without result. Then some one went to Germiston

and fired at a passing cloud; but there was no rain. The cloud sailed

away, and the heavens became clear and beautifully blue. He had

reported the matter to the Government.

Mr. DU TOIT (Carolina) said he had heard that there were companies in

Europe which employed numbers of men to do nothing but shoot at the

clouds simply to bring down rain. It was wonderful that men could

think of doing such things; they ought to be prohibited here. He did

not consider that the Raad would be justified in passing a law on the

subject, however; but he thought all the same that they should

express their strongest disapproval of such practices.

Mr. BIRKENSTOCK ridiculed the idea of people forcing rain from the

clouds. In some of the Kaffir countries they had witch-doctors who

tried to bring down rain; whether they succeeded or not was a

different matter. Still, if people were foolish enough to try and

force the clouds to discharge rain, the Legislature ought not to

interfere to prevent them. He did not agree with the idea of firing

at the clouds, but did not consider that an Act should be passed to

prevent it.

The CHAIRMAN said if such things were actually done--and he was

unaware of it--those who did it ought to be prevented from repeating

it.

After a further discussion, Mr. A.D. WOLMARANS moved: 'That this

Raad, considering the memorial now on the Order, resolves to agree

with the same, and instructs the Government to take the necessary

steps to prevent a repetition of the occurrences referred to.'

SECOND RAAD.

BARMAIDS.

The article for the abolition of barmaids was dealt with.

Mr. WATKINS declared himself strongly against such an article. He

could not see why females should be prevented from dispensing liquor.

Such a clause would prevent many respectable young women from making

a living.

Mr. PRETORIUS said there were many memorials on this subject, and in

compliance with the wish expressed therein the article was inserted

in the Liquor Law. Of course, it was for the Raad to decide.

Mr. RENSBURG spoke strongly against the clause. According to it the

proprietor's wife would be prevented from going behind the counter.

He would not deny that there were some barmaids who were not strictly

virtuous, but to accuse them as a class of being dangerous was

going too far. Many of the memorials were signed by women. These

memorials were drawn by men whom he considered were hypocrites, and

they ought to be ashamed of themselves for their narrow-mindedness.

Mr. VAN STADEN said he did not like to take the bread out of the

mouths of a great many women.

Mr. KOENIG suggested that they could become chambermaids.

APPENDIX E.

MALABOCH.

_September 4_.--An Executive resolution was read, stating that the

Executive had decided to deprive Malaboch of his rights of

chieftainship, and keep him in the custody of the Government, and

that his tribe be broken up and apprenticed out to burghers, each

burgher applying to have one or two families upon payment of £3 per

family per annum. The Executive wished the Raad to approve of this;

the Government had the right to do this according to law. This was

without prejudice to the trial before the High Court. Perhaps when

the Krijgsraad assembled it would be decided to try him before the

High Court on charges of murder and rebellion.

Mr. JEPPE thought this was a matter for the High Court, and

counselled the Raad to adopt that course, giving the chief a public

trial.

The PRESIDENT said the Executive acted strictly in accordance with

the law; it was not necessary for the Government to send the case to

the High Court, as it had the power to decide native cases. For

instance, in the case of Lo Bengula and his headmen, they were not

tried by any High Court.

Mr. MEYER thought they should give Malaboch a fair trial.

Finally Mr. MEYER moved, and Mr. JEPPE seconded, that Executive

resolution be accepted for notice.

APPENDIX F.

THE GREAT FRANCHISE DEBATE.

The following extract is made from the Report of the great Franchise

Debate, published in the Johannesburg _Star_, August 17, 1895:

EXTENSION OF THE FRANCHISE.--MONSTER UITLANDER PETITIONS.--WHAT THE

BURGHERS WISH.

Petitions were read praying for the extension of the franchise. The

petitioners pointed out that they were all residents in the Republic,

that the increase of the wealth of the country and the status of the

country were due to their energy and wealth, that the number of the

non-enfranchised far exceeded the number of the burghers, that

taxation was so arranged that the non-enfranchised bore four-fifths

of the taxes. The memorialists pointed out that one of the Republican

principles was equality, but that notwithstanding the numerously

signed memorials the Raad decided last year to make the Franchise Law

so stringent that a new-comer could never obtain the franchise, and

his children could only obtain it under severe conditions. They

pointed out the danger of this, and prayed for admission under

reasonable conditions.

The petitions came from every part of the country, including all the

Boer strongholds, and some were signed by influential officials. One

petition from Johannesburg was signed by 32,479 persons, and the

total signatures amounted to 35,483.

Memorials to the same effect were read from a large number of farming

districts, signed by 993 full burghers, who were anxious that the

franchise should be extended to law-abiding citizens. These memorials

contained the names of prominent farmers. There were nineteen of

these last-named memorials, four of which came from different parts

of the Pretoria district and three from Potchefstroom.

A memorial was read from Lydenburg, suggesting that ten years'

residence in the country and obedience to the law be the

qualification. This was signed by about a hundred burghers.

A number of memorials were read from Rustenberg, Waterberg, Piet

Retief, Utrecht, Middelberg, Zoutpansberg, and Krugersdorp, signed by

about 500 burghers, stating that while they valued the friendship of

the peace-abiding Uitlanders they petitioned the Raad not to extend

the franchise or alter last year's law.

A memorial from Krugersdorp was to the effect that the franchise

should not be extended until absolutely necessary, and then only in

terms of Art. 4 of the Franchise Law of 1894. This was signed by

thirteen persons.

One was read from the Apies River and Standerton, praying that the

children of Uitlanders born here should not be granted the franchise.

Memorials from other places, with 523 signatures, prayed that the

existing Franchise Law should be strictly enforced.

Several petitions against the prohibition of the Election Committee

were read.

A further memorial from the Rand was read, containing 5,152

signatures, pointing out that they objected to the memorial issued by

the National Union, and they wanted the system of one-man-one-vote

and the ballot system adopted before they asked for the franchise.

THE COMMITTEE'S RECOMMENDATIONS.

The Memorial Committee recommended that the law remain unaltered,

because the memorials signed by full burghers requested no extension

to take place.

Mr. LUCAS MEYER, who was chairman of the Memorial Commission,

submitted a report, stating that he was in the minority and differed

from his fellow-committeemen. There was not a single member of the

Raad who would use his powers more towards maintaining the

independence of the country than himself, but he was fully convinced

that the Raad had as bounden duty to propose an alteration to last

year's law. Proposals to do so had to emanate from the Raad. A large

majority of memorialists who prayed for the extension were not

burghers, but even those burghers who petitioned the Raad against the

extension asked the Raad not to do so at present. That showed that

they were convinced that sooner or later the extension would have to

take place--cautiously perhaps, but the extension would come. Even

the committee, the majority of whom were against him, recognised

this. He repeated that it was his opinion that the time would come.

Let the Raad then submit the proposal to the country, and if the

majority of the burghers were against it, the Raad would have to

stand or fall with the burghers; but at any rate they would be acting

according to the will of the country, and could not be blamed for

possible consequences. Recently the President said something had to

be done to admit a portion of the people who were behind the dam,

before the stream became so strong that the walls would be washed

away and the country immersed in water. He hoped the Raad would

favourably consider his proposal.

Mr. TOSEN said that when the proposals came to extend the franchise,

such proposals had to come from old burghers, and so far the old

burghers had not signified their willingness that this should be

done. On the contrary, a large number of them were against it. They

did not wish to exclude the new-comers for all eternity, but just now

they should make no concession. It stood to reason that the

new-comers could not have so much interest in the country as the old

inhabitants. He cautioned the Raad against accepting the

recommendations of Mr. Meyer. _It would be contrary to Republican

principles_. Yes, he repeated it would be contrary to the principles

of Republicanism, and were newcomers admitted to the franchise the

old burghers would be deprived of all their rights. They would not

dare to vote or exercise any of their privileges. Those persons who

signed the petition for the franchise said they were peaceful and

law-abiding citizens, _but they gave a sign that they were not

law-abiding, because they were against the law. The Election Law was

there, and they should abide by it._

The CHAIRMAN called the speaker to order and advised him to keep to

the point, whether it was desirable to extend the franchise or not.

Mr. TOSEN said he was cut short, but in a few words he would say that

he would resist to the bitter end any attempt to alter the law as it

at present stood. He spoke on behalf of his constituents and himself.

Mr. JEPPE, in the course of his speech, said: Who are the people who

now demand from us a reasonable extension of the franchise? There are

to begin with almost a thousand old burghers who consent to such

extension. There are in addition 890 petitioners, also old burghers,

who complain that the franchise has been narrowed by recent

legislation. There are 5,100, chiefly from the Rand, who ask for

extension subject to the ballot, the principle of which has already

been adopted by you, and there is lastly a monster petition, bearing

35,700 names, chiefly from the Rand goldfields: and in passing I may

mention that I have convinced myself that the signatures to it, with

very few exceptions perhaps are undoubtedly genuine. Well, this

petition has been practically signed by the entire population of the

Rand. There are not three hundred people of any standing whose names

do not appear there. It contains the name of the millionaire

capitalist on the same page as that of the carrier or miner, that of

the owner of half a district next to that of a clerk, and the

signature of the merchant who possesses stores in more than one town

of this Republic next to that of the official. It embraces also all

nationalities: the German merchant, the doctor from Capetown, the

English director, the teacher from the Paarl--they all have signed

it. So have--and that is significant--old burghers from the Free

State, whose fathers with yours reclaimed this country; and it bears

too the signatures of some who have been born in this country, who

know no other fatherland than this Republic, but whom the law regards

as strangers. Then too there are the newcomers. They have settled for

good: they have built Johannesburg, one of the wonders of the age,

now valued at many millions sterling, and which, in a few short

years, will contain from a hundred to a hundred and fifty thousand

souls; they own half the soil, they pay at least three-quarters of

the taxes. Nor are they persons who belong to a subservient race.

They come from countries where they freely exercised political rights

which can never be long denied to free-born men. They are, in short,

men who in capital, energy and education are at least our equals. All

these persons are gathered together, thanks to our law, into one

camp. Through our own act this multitude, which contains elements

which even the most suspicious amongst us would not hesitate to

trust, is compelled to stand together, and so to stand in this most

fatal of all questions in antagonism to us. Is that fact alone not

sufficient to warn us and to prove how unstatesmanlike our policy is?

What will we do with them now? Shall we convert them into friends or

shall we send them away empty, dissatisfied, embittered? What will

our answer be? Dare we refer them to the present law, which first

expects them to wait for fourteen years and even then pledges itself

to nothing, but leaves everything to a Volksraad which cannot decide

until 1905? It is a law which denies all political rights even to

their children born in this country. Can they gather any hope from

that? Is not the fate of the petition of Mr. Justice Morice, whose

request, however reasonable, could not be granted except by the

alteration of the law published for twelve months and consented to by

two-thirds of the entire burgher population, a convincing proof how

untenable is the position which we have assumed? Well, should we

resolve now to refuse this request, what will we do when as we well

know must happen it is repeated by two hundred thousand one day. You

will all admit the doors must be opened. What will become of us or

our children on that day, when we shall find ourselves in a minority

of perhaps one in twenty, without a single friend amongst the other

nineteen, amongst those who will then tell us they wished to be

brothers, but that we by our own act made them strangers to the

Republic? Old as the world is, has an attempt like ours ever

succeeded for long? Shall we say as a French king did that things

will last our time, and after that we reck not the deluge? Again I

ask what account is to be given to our descendants and what can be

our hope in the future?

Mr. DE CLERCQ opposed the extension.

Mr. JAN DE BEER said he could not agree to the prayer for extension.

The burghers would decide time enough when the dam was too full, or

when fresh water was wanted. He had gone through the memorials, and

some that wished an extension were unknown to him, even those who

signed from his district. Very few persons were in favour of the

extension. If the burghers wished it he would give it, he would agree

to it. The people coolly asked the Raad to extend the franchise to

80,000 persons, men who were not naturalized and had nothing to lose.

He did not mind extending the franchise to a few. When it was a small

case he did not object, but when it came to giving away their

birthright wholesale he kicked. He did not object to give the burgher

right to _persons who shot Kaffirs_, or he had better say, persons

who went into the native wars on behalf of the Transvaal, because

they shed their blood for the country; but people who came here only

to make money and that only did not deserve the franchise. Let them

look at that book of signatures on the table with the 70,000 names.

Who were they? (Laughter, and cries of 'Too much.') Well, 38,000

then. He had 'too much.' They were the persons, the millionaires side

by side with mining workers whom Mr. Jeppe spoke of, but where did

they find these people side by side? Nowhere! No, he would not grant

an extension of the franchise.

The PRESIDENT said he wished to say a few words on the subject, and

the first thing he had to say was that those persons who signed the

monster petition were unfaithful and not law-abiding.

Mr. JEPPE: I deny that.

The PRESIDENT: Yes--I repeat unfaithful.

Mr. JEPPE (excitedly): I say they are not!

The CHAIRMAN: Order, order!

The PRESIDENT then endeavoured to qualify his remarks by reasserting

that these people were disrespectful and disobedient to the law,

because they were not naturalized. 'Now,' asked His Honour

triumphantly, 'can you contradict that? No, you cannot. No one can.

The law says that they must be naturalized, and they are not.'

Speeches had been made that afternoon, His Honour proceeded, urging

that the rich should be made burghers and not the poor. Why not the

poor as well as the rich, if that were the case? But he was against

granting any extension, saving in cases like that he mentioned the

other day. Those who went on commando were entitled to it, but no

others. Those persons who showed they loved the country by making

such sacrifices were entitled to the franchise, and they should get

it. These memorials were being sent in year by year, and yearly

threats were made to them if they did not open the flood-gates. If

the dam was full before the walls were washed over, a certain portion

of the water had to be drained off. Well, this had been done in

the case of commando men. They were the clean water which was drained

off and taken into the inner dam which consisted of clean water, but

he did not wish to take in the dirty water also. No, it had to remain

in the outer dam until it was cleaned and purified. The Raad might

just as well give away the independence of the country as give all

these new-comers, these disobedient persons, the franchise. These

persons knew there was a law, but they wished to evade it; they

wished to climb the wall instead of going along the road quietly, and

these persons should be kept back. He earnestly cautioned the Raad

against adopting Mr. L. Meyer's proposal.

Mr. D. JOUBERT said excitement would not avail them. They had to be

calm and deliberate. Now, what struck him was first who would give

them the assurance, were they to admit the 35,000 persons who

petitioned them for the franchise, that they would maintain the

independence of the country inviolate and as a sacred heritage? They

had no guarantee. He could not agree with the request of the petition

(here the speaker became excited, and gesticulating violently,

continued), and he would never grant the request if the decision was

in his hands.

Mr. A.J. WOLMARANS said that his position on this question was that

he would not budge an inch.

Mr. JAN MEYER impugned the genuineness of the petition, and said he

had represented Johannesburg in the Raad for some time, and could

tell them how those things were worked. They were nearly all

forgeries. He stated that as there were only 40,000 people in

Johannesburg it was impossible that 38,000 of them signed. Therefore

they were forgeries. The speaker concluded by saying that as long as

he lived he would never risk the independence of the country by

granting the franchise, _except in accordance with the law_. It was

unreasonable to ask him to give up his precious birthright in this

thoughtless manner. He could not do it--he would not do it!

Mr. PRINSLOO said that he had gone through the petitions from

Potchefstroom, and certainly he had to admit that many of the

signatures were not genuine, for he found on these petitions the

names of his next-door neighbours, who had never told him a word

about their signing such petitions.

Mr. OTTO again addressed the Raad, endeavouring to prove that

memorials from Ottos Hoop contained many forgeries. He said that he

did not consider the Johannesburg people who signed in that wonderful

and fat book on the table to be law-abiding, and he would have none

of them. The Raad had frequently heard that if the franchise were not

extended there would be trouble. He was tired of these constant

threats. He would say, 'Come on and fight! Come on!' (Cries of

'Order!')

Mr. OTTO (proceeding): I say, 'Come on and have it out; and the

sooner the better.' I cannot help it, Mr. Chairman, I must speak out.

I say I am prepared to fight them, and I think every burgher of the

South African Republic is with me.

The CHAIRMAN (rapping violently): Order, order!

Mr. OTTO: Yes, this poor South African Republic, which they say they

own three-fourths of. They took it from us, and we fought for it and

got it back.

The CHAIRMAN: Order!

Mr. OTTO: They called us rebels then. I say they are rebels.

Loud cries of 'Order!'

Mr. OTTO: I will say to-day, those persons who signed the memorials

in that book are rebels.

The CHAIRMAN: Will you keep order? You have no right to say such

things. We are not considering the question of powers, but the

peaceful question of the extension of the franchise to-day; and keep

to the point.

Mr. OTTO: Very well I will; but I call the whole country to witness

that you silenced me, and would not allow me to speak out my mind.

The PRESIDENT said they had to distinguish between trustworthy

persons and untrustworthy, and one proof was their going on commando,

and the other was their becoming naturalized. People who were

naturalized were more or less worthy, and if they separated

themselves from the others who would not get naturalized, and

petitioned the Raad themselves, the Raad would give ear to their

petition. He strongly disapproved of the Raad being deceived in the

manner it had been by the forged signatures.

Mr. R.K. LOVEDAY, in the course of an address dealing exhaustively

with the subject, said: The President uses the argument that they

should naturalize, and thus give evidence of their desire to become

citizens. I have used the same argument, but what becomes of such

arguments when met with the objections that the law requires such

persons to undergo a probationary period extending from fourteen to

twenty-four years before they are admitted to full rights of

citizenship, and even after one has undergone that probationary

period, he can only be admitted to full rights by resolution of the

First Raad? Law 4 of 1890, being the Act of the two Volksraads, lays

down clearly and distinctly that those who have been eligible for ten

years for the Second Raad _can_ be admitted to full citizenship. So

that, in any case, the naturalized citizen cannot obtain full rights

until he reaches the age of forty years, he not being eligible for

the Second Raad until he is thirty years. The child born of

non-naturalized parents must therefore wait until he is forty

years-of age, although at the age of sixteen he may be called upon to

do military service, and may fall in the defence of the land of his

birth. When such arguments are hurled at me by our own flesh and

blood--our kinsmen from all parts of South Africa--I must confess

that I am not surprised that these persons indignantly refuse to

accept citizenship upon such unreasonable terms. The element I have

just referred to--namely, the Africander element--is very

considerable, and numbers thousands hundreds of whom at the time this

country was struggling for its independence, accorded it moral and

financial support, and yet these very persons are subjected to a term

of probation extending from fourteen to twenty-four years. It is

useless for me to ask you whether such a policy is just and

reasonable or Republican, for there can be but one answer, and that

is 'No!' Is there one man in this Raad who would accept the franchise

on the same terms? Let me impress upon you the grave nature of this

question, and the absolute necessity of going to the burghers without

a moment's delay, and consulting and advising them. Let us keep

nothing from them regarding the true position, and I am sure we shall

have their hearty co-operation in any reasonable scheme we may

suggest. This is a duty we owe them, for we must not leave them under

the impression that the Uitlanders are satisfied to remain aliens, as

stated by some of the journals. I move amongst these people, and

learn to know their true feelings, and when public journals tell you

that these people are satisfied with their lot, they tell you that

which they know to be false. Such journals are amongst the greatest

sources of danger that the country has. We are informed by certain

members that a proposition for the extension of the franchise must

come from the burghers, but according to the Franchise Law the

proposition must come from the Raad, and the public must consent. The

member for Rustenberg says that there are 9,338 burghers who have

declared that they are opposed to the extension of the franchise.

Upon reference to the Report, he will find that there are only 1,564

opposed to the extension. Members appear afraid to touch upon the

real question at issue, but try to discredit the memorials by vague

statements that some of the signatures are not genuine, and the

former member for Johannesburg, Mr. J. Meyer, seems just as anxious

to discredit the people of Johannesburg as formerly he was to defend

them.

The CHAIRMAN advanced many arguments in favour of granting the

franchise to the Uitlander, but nevertheless concluded by stating

that as the Raad with few exceptions were against the extension, he

would go with the majority. He was not, he said, averse to the

publication of Mr. Meyer's proposition, because the country would

have to decide upon it; still he could not favour the extension of

the franchise in the face of what had been said during the debate.

Let the Raad endeavour to lighten the burden of the alien in other

respects. Let the alien come to the Raad with his grievances, and let

the Raad give a patient ear unto him, but he really was not entitled

to the franchise.

The PRESIDENT again counselled the Raad not to consent to the

publication of Mr. Meyer's proposal. He did not want it put to the

country. This business had been repeated from year to year until he

was tired of it. And why should they worry and weary the burghers

once more by asking them to decide upon Mr. Meyer's motion? There was

no need for it. There was no uncertainty about it. The burghers knew

their minds, and their will, which was supreme, was known. The way

was open for aliens to become burghers; let them follow that road and

not try to jump over the wall. They had the privilege of voting for

the Second Raad if they became naturalized, and could vote for

officials, and that was more than they could do in the Cape Colony.

In the Colony they could not vote for a President or any official.

They were all appointed. They could only vote for Raad members there.

And why should they want more power here all at once? What was the

cause of all this commotion? What were they clamouring for? He knew.

They wanted to get leave to vote for members of the First Raad, which

had the independence of the country under its control. He had been

told by these people that 'if you take us on the same van with you,

we cannot overturn the van without hurting ourselves as well as you.'

'_Ja_,' that was true, '_maar_,' the PRESIDENT continued, they could

pull away the reins and drive the van along a different route.

Mr. JEPPE, again speaking, said there was one matter he must refer

to. That was his Honour's remarks about the petitioners, calling them

disobedient and unfaithful. The law compels no one to naturalize

himself. How then could these petitioners have disobeyed it? Of

course we should prefer them to naturalize. But can we be surprised

if they hesitate to do so? Mr. Loveday has told you what

naturalization means to them.

The PRESIDENT agreed that these people were not obliged by law to

naturalize, but if they wanted burgher rights they should do so, when

they would get the franchise for the Second Raad; and upon their

being naturalized let them come nicely to the Raad and the Raad would

have something to go to the country with, and they would receive

fair treatment; but, if they refused naturalization and rejected the

Transvaal laws, could they expect the franchise? No. Let Mr. Jeppe go

back and give his people good advice, and if they were obedient to

the law and became naturalized they would not regret it; but he

could not expect his people to be made full burghers if they were

disobedient and refused naturalization. Let them do as he advised,

and he (the President) would stand by them and support them.

Mr. JEPPE said: His Honour has again asked me to advise the people of

Johannesburg what to do regarding the extension of the franchise. He

says they must first naturalize and then come again. Then he holds

out hopes that their wishes will be met. Why then does he not support

Mr. Meyer's proposal, which affects naturalized people only? What

is it I am to advise the people of Johannesburg? I have had many

suggestions from different members. You, Mr. Chairman, seem to

support the hundred men from Lydenburg who suggest ten years'

residence as a qualification. Mr. Jan Meyer suggests that those who

came early to the goldfields should memorialize separately, and he

would support them. Others say that only those who are naturalized

should petition, and that if a few hundreds petitioned instead of

35,000, their reception would be different. Well, we have had one

petition here wherein all these conditions were complied with. It was

not signed by anyone who had not been here ten years, or who is not

naturalized, or who could at all be suspected of being unfaithful,

nor could any exception be taken to it on the ground of numbers,

since it was signed by one man only, Mr. Justice Morice, and yet it

was rejected. Gentlemen, I am anxiously groping for the light; but

what, in the face of this, am I to advise my people?

Mr. JAN DE BEER endeavoured to refute Messrs. Jeppe's and Loveday's

statements, when they said a man could not become a full member until

he was forty. They were out of their reckoning, because a man did not

live until he was sixteen. He was out of the country. In the eyes of

the law he was a foreigner until he was sixteen. (Laughter.) The

member adduced other similar arguments to refute those of Messrs.

Jeppe and Loveday, causing much laughter.

Mr. LOVEDAY replied to the President, especially referring to his

Honour's statement that he (Mr. Loveday) was wrong when he said that

a person would have to wait until he was forty before he could obtain

the full rights. He (Mr. Loveday) repeated and emphasized his

statements of yesterday.

The CHAIRMAN said there was no doubt about it. What Mr. Loveday said

regarding the qualifications and how long a man would have to wait

until he was qualified to become a full burgher was absolutely

correct. It could not be contradicted. The law was clear on that

point. There was no doubt about it.

Mr. JAN DE BEER: Yes; I see now Mr. Loveday is right, and I am wrong.

The law does say what Mr. Loveday said. It must be altered.

The debate was closed on the third day, and Mr. Otto's motion to

accept the report of the majority of the Committee, to refuse the

request of the memoralists, and to refer them to the existing laws,

was carried by sixteen votes to eight.

APPENDIX G.

TERMS OF DR. JAMESON'S SURRENDER.

_Sir Hercules Robinson to Mr. Chamberlain._

Received April 6, 1896.

_Government House, Capetown,

March 16, 1896._

SIR,

I have the honour to transmit for your information a copy of a

despatch from Her Majesty's Acting Agent at Pretoria, enclosing a

communication from the Government of the South African Republic,

accompanied by sworn declarations, respecting the terms of the

surrender of Dr. Jameson's force, a summary of which documents I

telegraphed to you on the 12th instant.

At my request, Lieutenant-General Goodenough has perused these sworn

declarations, and informs me 'that,' in his opinion, 'Jameson's

surrender was unconditional, except that his and his people's lives

were to be safe so far as their immediate captors were concerned.'

I have, etc.,

HERCULES ROBINSON,

_Governor and High Commissioner._

Enclosed in above letter.

_From H. Cloete, Pretoria, to the High Commissioner, Capetown._

_Pretoria, March 11th, 1896._

SIR,

I have the honour to enclose for the information of your Excellency a

letter this day received from the Government, a summary of which I

have already sent your Excellency by telegraph.

I have, etc.,

H. CLOETE.

_Department of Foreign Affairs,

Government Office, Pretoria,

March 10, 1896._

Division A., R.A., 1056/1896,

B., 395/96.

HONOURABLE SIR,

I am instructed to acknowledge the receipt of the telegram from his

Excellency the High Commissioner to you, dated 6th instant, forwarded

on by you to his Honour the State President, and I am now instructed

to complete with further data my letter to you of 4th instant, B.B.,

257/96, which I herewith confirm, containing the information which

the Government then had before it respecting the surrender, and which

was furnished in view of your urgent request for an immediate reply.

In order to leave no room for the slightest misunderstanding, and to

put an end to all false representations, the Government has summoned

not only Commandant Cronjé, but also Commandant Potgieter, Commandant

Malan, Field-Cornet Maartens, Assistant Field-Cornet Van Vuuren, and

others, whose evidence appears to be of the greatest importance, and

places the matter in a clear and plain light.

The information which the Government has found published in the

papers is of the following purport:

'THE DOORNKOP SURRENDER: ALLEGED CORRESPONDENCE.

'_London, Monday,_ 11.15 _a.m._

'Mr. Hawksley, the Chartered solicitor, who is defending Dr. Jameson,

published the following letter to-day, which passed between Sir John

Willoughby and Mr. Cronjé, the Dutch Commandant at the time of the

Krugersdorp surrender:

'_From Willoughby to Commandant._

'"We surrender, providing you guarantee a safe conduct out of the

country for every member of the force."

'_From Cronjé to Willoughby._

'"Please take notice, I shall immediately let our officers come

together to decide upon your communication."

'_From Cronjé to Willoughby._

'"I acknowledge your letter. The answer is, If you will undertake to

pay the expenses you have caused to the Transvaal, and will lay down

your arms, then I will spare the lives of you and yours. Please send

me reply to this within thirty minutes."'

I have now the honour to enclose for the information of His

Excellency the High Commissioner and the British Government sworn

declarations of:

1. Commandant Cronjé, substantiated by Field-Cornet Maartens and

Assistant Field-Cornet Van Vuuren.

2. Commandant Potgieter.

3. Commandant Malan.

4. J.S. Colliers, substantiated by B.J. Viljoen, and the interpreter,

M. J. Adendorff.

These sworn declarations given before the State Attorney agree in all

the principal points, and give a clear summary of all the incidents

of the surrender, and from the main points thereof it appears, _inter

alia_:

That the second letter, as published above, and which is alleged to

be from Cronjé to Willoughby, was not issued from Cronjé, but from

Commandant Potgieter, who has undoubtedly taken up the proper

standpoint, and has followed the general rule in matters of urgency,

such as the one in hand, and where the Commandant-General was not

present in person on the field of battle, first and before treating

wishing to consult with his co-commandants in as far as was possible.

That a note such as appears in his declaration was sent by Commandant

Cronjé.

That neither Commandant Malan nor Commandant Potgieter were present

at the despatch of it.

That the reply thereon from Willoughby was received by Commandant

Cronjé, as appears in that declaration.

That Commandant Cronjé then, in compliance with the note sent by

Commandant Potgieter, as well as the other commandants and officers

mentioned in the declaration of Cronjé, rode up.

That Commandant Cronjé then explained his own note.

That thereupon also Commandant Malan joined his co-commandants and

officers, and at this time Commandants Malan, Cronjé, and Potgieter

were present.

That after consultation, and with the approval of Commandants Cronjé

and Potgieter, Commandant Malan, by means of the interpreter

Adendorff, had the following said to Dr. Jameson:

'This is Commandant Malan. He wishes you distinctly to understand

that no terms can be made here. We have no right to make terms here.

Terms will be made by the Government of the South African Republic.

He can only secure your lives to Pretoria, until you are handed over

to Commandant-General at Pretoria.'

That Dr. Jameson agreed to these terms and accepted them.

That thereupon by order of Dr. Jameson the arms were then also laid

down.

That Commandant Trichardt then appeared with the orders of the

Commandant-General to himself.

It now appears that these orders are those which were contained in

the telegram of which I already sent you a copy by my above-quoted

letter of the 4th March, 1896, and which, after the final regulation

of matters such as had then taken place, was not further acted upon

because as regards the surrender negotiations were in fact carried on

in accordance with the orders of the Commandant-General.

While putting aside the question of the surrender there is little to

be said about the other points contained in the telegram under reply,

there is one which is considered of sufficient importance by this

Government to even still draw the attention of His Excellency the

High Commissioner thereto. His Excellency says: 'I may therefore

explain that an armistice had been agreed to pending my arrival.'

The Government here can only think of one other misunderstanding,

they having at the time of the disturbances at Johannesburg never

recognized any acting party, for which reason therefore the

concluding of an armistice was an impossibility.

In conclusion, I have to tender thanks both to His Honour the

Secretary of State and His Excellency the High Commissioner for the

unprejudiced manner in which they, as against insinuations of a low

character, have made known their feelings with respect to the good

faith shown by His Honour the State President in his negotiations in

connection with the question of the surrender of Dr. Jameson's force.

I have, etc.,

C. VAN BOESCHOTEN,

_Acting State Secretary_.

_His Honour H. Cloete,

Acting British Agent, Pretoria._

_Appeared before me,_ HERMANUS JACOB COSTER, _State Attorney and

ex-officio J.P. of the South African Republic_, PIETER ARNOLDUS

CRONJÉ, _Commandant of the Potchefstroom District, who makes oath and

states:_

I was, together with H.P. Malan (Commandant of the Rustenburg

District), and F.J. Potgieter (Commandant of the Krugersdorp

District), one of the commanding officers of the burgher forces

in the fights against Jameson. When I noticed the white flag, I

instantly ordered De la Rey to approach the enemy. Instead of De la

Rey, Hans Klopper, one of the men of Commandant Potgieter, went. He

brought back a note from Willoughby to me. The contents of the note

were that if we left them to themselves he promised to withdraw over

the boundary. In reply I sent him per Hans Klopper the following

note:

'John Willoughby,--I acknowledge your note, and this serves as reply,

that if you guarantee the payment of the expenses which you have

occasioned the South African Republic and surrender your flag

together with your weapons I will spare the life of you and yours.

Please send reply within thirty minutes.'

When this reply was written by me neither Malan nor Potgieter were

present. Thereupon he answered that he accepted the terms, and

surrendered himself fully with all his arms into my hands. After

receiving Willoughby's answer, I rode to Jameson's troops in order to

meet the other commandants, in accordance with a note sent by

Commandant Potgieter to the enemy. I went with Field-Cornets Maartens

and Van Vuuren to Jameson's troops, and met Jameson. When I met him

I gave him to clearly understand our agreement namely that he must

plainly understand that the last clause was that I guaranteed his

life and that of his men until I had handed him over to General

Joubert. Thereupon I asked him if he was willing to lay down his flag

and his arms, to which he replied, 'I have no flag; I am willing to

lay down my arms.' Thereupon I asked him if he could declare upon

oath that he had no flag, whereupon he declared under oath that he

had no flag. Then Commandant Malan arrived, and then the three

commanding officers, Malan, Potgieter and I, were present on the

spot.

Before I began speaking to Malan, Jameson called Willoughby to be

present. Thereupon Malan and I spoke together about the surrender

of Jameson. Whereupon Malan said, 'We can't decide anything here.

Jameson must surrender unconditionally, and he must be plainly given

to understand that we cannot guarantee his life any longer than till

we have handed him over to General Joubert.' I fully agreed with

Malan, and the interpreter Adendorff was then instructed by the three

commandants jointly to convey plainly in English to Jameson what the

three commandants had agreed upon. After this had been done, Jameson

bowed, took his hat off, and said in English that he agreed to the

terms. Thereupon he issued orders to Willoughby to command the

subordinate officers to lay down their arms. Then the arms were laid

down. Later on, after the arms had been laid down, Commandant

Trichardt arrived with orders from the Commandant-General, and his

terms were the same as those we had already laid down.

P.A. CRONJÉ.

Sworn before me on this 7th day of March, 1896.

H. J. COSTER,

_State Attorney and Ex-officio J.P._

* * * * * * *

We, the undersigned, Jan. Thos. Maartens, Field-Cornet of the Ward

Gatsrand, District Potchefstroom, and Daniel Johannes Jansen van

Vuuren, Assistant Field-Cornet of the Ward Bovenschoonspruit, declare

under oath that we were present at everything stated in the foregoing

sworn declaration of Commandant P.A. Cronjé, and that that

declaration is correct and in accordance with the truth.

JAN. MAARTENS,

D.J.J. VAN VUUREN.

Sworn before me on this the 7th day of March, 1896.

H. J. COSTER,

_State-Attorney and ex-officio J.P._

* * * * * * *

_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and

ex-officio J.P. of the South African Republic_, FREDERICK JACOBUS

POTGIETER, _Commandant of the Krugersdorp District, who makes oath

and states:_

On the morning of January 2, I received a written report from the

enemy in which was stated that he would surrender, but that he must

be allowed to go back over the line. I answered thereon in writing

that I would call the officers together and would then immediately

notify him. The report received by me I immediately transmitted to

Commandant Cronjé. A short time after I saw Commandant Cronjé with

the burghers going towards the enemy. I thereupon also went towards

the enemy and met Commandant Cronjé there. I then attended the

discussion as set forth in the declaration given by J.T. Celliers,

dated March 6, 1896, and confirmed by Messrs. Michiel Joseph

Adendorff and Benjamin Johannes Vilgoen.

The purport of that discussion is correctly rendered.

F.J. POTGIETER,

_Commandant, Krugersdorp_.

This sworn before me on this the 6th day of March, 1896.

H.J. COSTER,

_State Attorney and ex-officio J.P._

* * * * * * *

_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and

ex-officio J.P. of the South African Republic_, HERCULES PHILIPPUS

MALAN, _who makes oath and states:_

I was together with P.A. Cronjé, Commandant of the Krugersdorp

District, one of the commanding forces in the fights against Jameson.

On the morning of January 2, a despatch rider from Commandant

Potgieter came up and informed me that Jameson had hoisted the white

flag, and that I must quickly attend a meeting with the other

commandants. When I came up to Jameson I found Cronjé and Potgieter

there; and, as I saw that Cronjé had been speaking to Jameson, I

asked Cronjé 'What is the subject you have been speaking about? I

also wish to know it.' Cronjé told me that he had agreed with Jameson

that Jameson would pay the expenses incurred by the State, and that

he (Cronjé) would spare the lives of Jameson and his people till

Pretoria was reached.

Thereupon I answered, 'We cannot make any terms here. We have not the

power to do so. Jameson must surrender unconditionally, and we can

only guarantee his life until he is delivered over by us into the

hands of the Commandant-General. Then he will have to submit to the

decision of the Commandant-General and the Government.' When I had

said this, Commandant Potgieter answered, 'I agree with that.'

And Commandant Cronjé said, 'So be it, brothers.' Thereupon the

interpreter (Adendorff) was instructed to translate to Jameson

what had been spoken. He did so. Jameson thereupon took off his hat,

bowed, and replied in English that he agreed thereto. Jameson then

ordered Willoughby, who was present from the moment that I arrived,

to command the subordinate officers to disarm the men, and thereupon

the arms were given up.

H.P. MALAN, _Commandant._

Sworn before me on this the 9th day of March, 1896.

H.J. COSTER,

_State Attorney and ex-oficio J.P._

* * * * * * *

_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and

ex-officio J.P. of the South African Republic_, JAN STEPHANOS

CELLIERS, _of Pretoria, who makes oath and states:_

I came up to Jameson and his troops on the second of January (after

Jameson had hoisted the white flag), together with B.G. Viljoen,

Krugersdorp, and another Viljoen, whose place of residence is unknown

to me. I asked one of Jameson's troopers where he was. He showed me

the direction and the place where Jameson was. Jameson thereupon

approached me, and I greeted him. While this took place Commandant

Cronjé, the interpreter (Adendorff), and another man whose name is

unknown to me, came. Cronjé was thereupon introduced by Adendorff,

who spoke English, to Jameson. Thereupon Cronjé said to Jameson, 'I

understand that you and your men will surrender yourselves with your

flag and everything you possess?' Jameson said thereupon, 'I fight

under no flag.'

Cronjé then replied, 'Then I must believe you upon your word that

you have no flag?' Jameson then said, 'I declare under oath that I

possess no flag.' This conversation was interpreted word for word by

Adendorff. Shortly afterwards Commandant Malan also arrived there. He

asked, 'What is up here? Tell me the news also.' Then Cronjé told

Malan that Jameson would surrender conditionally, whereupon Malan

said in effect, 'There can be no question of a conditional surrender

here, because we have no right to make terms. The surrender must take

place unconditionally. If terms must be made, it must take place at

Pretoria. We can only guarantee his life and that of his men as long

as they are under us, and until the moment when they are handed over

to the Commandant.'

General Cronjé answered thereupon, 'So be it, brother.' Then

Adendorff asked if he had to interpret this to Jameson, whereupon

Malan said, 'Yes,' and thereupon said in English to Jameson, 'This

is Commandant Malan. He wishes you to distinctly understand that no

terms can be made here. We have no right to make terms here. Terms

will be made by the Government of the South African Republic. He can

only secure your lives to Pretoria, until you are handed over to the

Commandant-General at Pretoria.'

In reply, Jameson took off his hat, bowed, stepped backwards and

said, 'I accept your terms.' Thereupon Jameson ordered Willoughby to

command the subordinate officers that the troopers should lay down

their arms. The arms were then laid down.

J.S. CELLIERS.

Sworn before me on the 6th March, 1896.

H.J. COSTER,

_State-Attorney and ex-officio J.P._

We, the undersigned, Benjamin Johannes Viljoen and Michiel Joseph

Adendorff, the persons mentioned in the preceding declaration,

declare under oath that the facts stated therein, which we witnessed,

as stated above, are true and correct.

B.J. VILJOEN.

M.J. ADENDORFF.

Sworn before me on the 6th March, 1896.

H.J. COSTER,

_State-Attorney and ex-officio J.P._

* * * * * * *

COLONIAL OFFICE TO WAR OFFICE.

_Downing Street, April 21, 1896._

SIR,

I am directed by Mr. Secretary Chamberlain to request that you will

lay before the Marquis of Lansdowne the undermentioned papers on the

subject of the surrender of Dr. Jameson's force to the Boers.

1. A despatch from Sir Hercules Robinson, enclosing sworn

declarations taken by the Government of the South African Republic.

A telegraphic summary of these declarations was laid before Dr.

Jameson, whose observations are contained in--

2. A letter from the solicitor for Dr. Jameson and his fellow

defendants.

3. A despatch from Sir Hercules Robinson, enclosing a sworn

statement.

Lord Lansdowne will observe from Sir H. Robinson's despatch of the

16th March that the declarations taken by the Government of the South

African Republic were submitted to the General Officer commanding at

the Cape, who gave his opinion that the surrender was unconditional.

Mr. Chamberlain would be obliged if Lord Lansdowne would submit these

papers to his military advisers, and obtain from them their opinion

as to the terms of the surrender, which Mr. Chamberlain thinks was

completed on Sir John Willoughby's acceptance of Commandant Cronjé's

terms, and was therefore subject to these terms and conditions.

I am, etc.,

R. H. MEADE.

* * * * * * *

WAR OFFICE TO COLONIAL OFFICE.

Received April 28, 1896.

_War Office, London, S.W.,

April 27, 1896._

SIR,

I am directed by the Secretary of State for War to acknowledge

receipt of your letter of the 21st inst., on the subject of the

surrender of Dr. Jameson's force to the Boers.

In reply, the Marquis of Lansdowne, having consulted with his

military adviser, desires me to observe that, whatever position Mr.

Cronjé may hold in the Transvaal army, he decidedly on the occasion

in question acted as an officer in authority, and guaranteed the

lives of Dr. Jameson and all his men if they at once laid down their

arms.

The terms prescribed were accepted by Dr. Jameson's force, and they

surrendered and laid down their arms, and no subsequent discussion

amongst the Transvaal officers could retract the terms of this

surrender.

I am therefore to acquaint you, for the information of the Secretary

of State for the Colonies, that the Secretary of State for War

concurs with Mr. Chamberlain in considering that the surrender was

completed on Sir John Willoughby's acceptance of Commandant Cronjé's

terms, and was subject to these terms and conditions.

I am, etc,

ARTHUR L. HALIBURTON.

APPENDIX H.

SIR JOHN WILLOUGHBY'S REPORT TO THE WAR OFFICE.

The subjoined document is printed in the form in which it was

supplied to the author by a journalist, to whom it had been given as

a fair statement of the case. The marginal remarks are the notes made

by a member of the Reform Committee to whom it was shown.

OFFICIAL REPORT OF THE EXPEDITION THAT LEFT THE PROTECTORATE AT THE

URGENT REQUEST OF THE LEADING CITIZENS OF JOHANNESBURG WITH THE

OBJECT OF STANDING BY THEM AND MAINTAINING LAW AND ORDER WHILST THEY

WERE DEMANDING JUSTICE FROM THE TRANSVAAL AUTHORITIES. By SIR JOHN C.

WILLOUGHBY, BART., Lieutenant-Colonel Commanding Dr. Jameson's

Forces.

[After they had dated the 'urgent' letter, and had wired to Dr.

Harris (December 27): 'We will make our own notation by the aid

of the letter which I shall publish.']

On Saturday, December 28, 1895, Dr. Jameson received a Reuter's

telegram showing that the situation at Johannesburg had become acute.

At the same time reliable information was received that the Boers in

the Zeerust and Lichtenburg districts were assembling, and had been

summoned to march on Johannesburg.

[The same time as he got the telegrams from Johannesburg and

messages by Heany and Holden on no account to move.]

Preparations were at once made to act on the terms of the letter

dated December 20, and already published, and also in accordance with

verbal arrangements with the signatories of that letter--viz., that

should Dr. Jameson hear that the Boers were collecting, and that the

intentions of the Johannesburg people had become generally known,

he was at once to come to the aid of the latter with whatever force

he had available, and without further reference to them, the object

being that such force should reach Johannesburg without any conflict.

[Twaddle--in the face of Hammond's, Phillips's and Sam Jameson's

wire not to move]