CHAPTER XII

THE SURRENDER OF VEREENIGING

[Sidenote: The gold industry re-started.]

With the beginning of the year 1902, the question of the ultimate

submission of the Boers had become a matter of months, or even weeks.

The guerilla leaders had been beaten at their own game. In spite of

the extension of the area of the war, the terrorising of the peaceably

inclined burghers, the co-operation of the Afrikander nationalists,

and the encouragement derived from Boer sympathisers in England, the

most important districts of the Transvaal and half of the Orange River

Colony were being restored to the pursuits of peace. The great

industry of South Africa was re-established, and agriculture was not

only resumed but even developing upon more enlightened principles

within the protected areas of the two colonies; while in the Orange

River Colony 150 new British settlers had been planted upon farms

before the terms of the Vereeniging surrender were signed. The story

of this steady progress is told by the mere items in the monthly

records furnished by Lord Milner to the Home Government. The gold

industry of the Rand recommenced in May, 1901, when, with permission

to set 150 stamps at work, 7,439 oz. of gold were won. Up to

November, when, as we have seen, the military situation for the first

time permitted any considerable body of refugees to return, progress

was slow; but in this month the output amounted to 32,000 oz. in round

numbers. In December the number of stamps working had risen to 953,

and the output to 52,897 oz. Henceforward the advance was rapid and

sustained. In the remaining five months of the war (January to May,

1902), the number of stamps at work rose to 2,095, the monthly output

to 138,600 oz., of the value of L600,000, and 30,000 additional

British refugees had been brought back to their homes on the Rand, in

view of the increasing certainty of employment afforded by the

expanding gold industry. Thus, before the surrender of the Boer forces

in the field, half of the British population had been restored to the

Transvaal, and the gold industry had been so far re-established that

its production had reached one-third of the highest annual rate

attained before the war broke out. Nor must it be forgotten that

during these last months the conditions of the refugee camps were

being steadily improved, until, as already noted, the death-rate was

ultimately reduced below the normal.

The Home Government had been unprepared for the military struggle

precipitated by the ultimatum; Lord Milner was determined that, so far

as his efforts could avail, it should not be unprepared for the

economic conflict for which peace would be the signal. In a despatch

of January 25th, 1902, he urged once more upon Mr. Chamberlain the

importance of settling British colonists upon the land, and pressed

for a "decision on the main issues" raised by this question.

[Sidenote: Land settlement.]

"This subject has for long occupied my attention," he wrote,

"and, in a tentative way, a good deal has been done. But we have

reached a point where little more progress can be made without a

decision on the main issues. The question is, whether British

colonisation is to be undertaken on a large and effective scale,

under Government control and with Government assistance, or to be

left to take care of itself, with whatever little help and

sympathy an Administration, devoid of any general plan, and with

no special funds devoted to the particular purpose, can give

it.... The principal consideration is the necessity of avoiding a

sharp contrast and antagonism in the character and sentiments of

the population between the country districts and the towns. If we

do nothing, we shall be confronted, sooner or later, with an

industrial urban population, rapidly increasing, and almost

wholly British in sentiment, and, on the other hand, a rural

population, wholly Dutch, agriculturally unprogressive. It is not

possible to contemplate such a state of affairs without grave

misgivings. We shall have to reinstate the bulk of our prisoners

upon their farms, and provide them with the means of starting

life anew, but unless we at the same time introduce some new

element we may be simply laying up the material for further

trouble. The land will remain as neglected, the attitude of the

rural population as unprogressive, and as much out of sympathy

with British ideas as ever.... To satisfy these demands, it is

clear that no small and makeshift scheme will suffice. Land

settlement must be undertaken on a large scale; otherwise,

however useful, it will be _politically_ unimportant.

"The time is fast approaching when it will be absolutely

necessary to raise loans for both new colonies to meet expenses

arising immediately out of the war. I wish to place on record my

profound conviction that unless, in raising these loans, we

provide a substantial sum for the purchase of land and the

settlement thereon of farmers of British race, an opportunity

will be lost which will never recur, and the neglect of which

will have the most prejudicial effect on the future peace and

prosperity of South Africa. I do not, indeed, ask that these

first loans should include a sum as large as may ultimately be

required if land settlement is to assume the proportions which I

contemplate. But, if our first considerable undertakings in this

line are proving themselves successful, I foresee no difficulty

in obtaining more money later on, should we require it. What I do

fear is a check now, when we ought to be in a position to seize

every possible opportunity of getting hold of land suitable to

our purpose, and of retaining in the country such men as we want

to put on it. If we lose the next year or two we lose the game,

and without that power of acting promptly, which a ready command

of money alone can give, we shall begin to throw away

opportunities from this moment at which I am writing onwards.

"What I want to put plainly to His Majesty's Government are these

two questions: (1) Are we to be allowed to go on purchasing good

land, by voluntary agreement wherever possible, but compulsorily,

if necessary? And, assuming this question to be answered in the

affirmative, (2) what amount shall we be able to dispose of for

this purpose in the immediate future?"[319]

[Footnote 319: Cd. 1,163.]

It had been arranged during Lord Milner's last visit to England that

the large expenditure inevitably arising out of the economic

reconstruction and future development of the new colonies, should be

provided by a loan secured upon their assets and revenues. The

purposes for which this immediate outlay was especially required were

the acquisition of the existing railways and the construction of new

lines, land settlement, the repatriation of the Boers, and the

compensation of loyalists for war losses both in the new colonies and

in the Cape and Natal. Lord Milner now proposed that the Home

Government should decide to appropriate, out of the funds to be thus

raised, a sum of L3,000,000 to land settlement, and that of this sum

L2,000,000 should be spent in the Transvaal and L1,000,000 in the

Orange Colony. The "development" loan, as it was called, was not

issued until after Mr. Chamberlain's visit to South Africa in the

(South African) summer of 1902-3; but Lord Milner's proposal was

approved in principle, and he was enabled to employ the limited

resources at his disposal in the purchase of blocks of land suitable

for the purposes of agriculture in both colonies.

Apart from the progress thus achieved in this matter of supreme

importance, as Lord Milner deemed it, to the future of South Africa,

the preparation of the administrative machinery, the _materiel_ of

transport, and the supplies of all kinds required for the repatriation

of the Boers, was pushed forward with increasing activity. At the same

time certain other administrative questions were brought by him to the

consideration of the Home Government during these months (January to

May, 1902), with the result that the ink was scarcely dry upon the

Treaty of Surrender before he was able to ask for, and obtain,

decisions upon them.

[Sidenote: On the eve of peace.]

The telegrams which passed between Lord Milner and the Colonial Office

on these matters, during the weeks immediately preceding and following

the Vereeniging surrender, are significant. Beside the clear thrust of

Lord Milner's calculated energy, Mr. Chamberlain's efforts to keep

pace with the needs of the situation sink into comparative inertia. On

April 18th Lord Milner telegraphs the particulars of the 10 per cent.

tax which he proposes to levy on the net produce of the mining

industry. The rate is high--twice as high as the gold tax under the

Republic--and will yield an annual revenue of L500,000 or L600,000 on

a basis of the present normal production of the mines; but he believes

that it will be "accepted without serious opposition, if it is imposed

while the industry is rapidly advancing." And he expresses the hope

that the explanation which he has furnished will be "sufficient to

show the principles" of the tax, and that he may publicly announce the

decision on this matter of such general economic importance at once.

Mr. Chamberlain, however, requires further information; and we find

Lord Milner telegraphing on June 2nd: "I trust you will now agree to

the tax on the profits of gold mines; I am anxious to publish the

Proclamation in next Friday's _Gazette_." And to this Mr. Chamberlain

replies on June 4th, "I agree to the imposition of a 10 per cent. tax

on the profits of gold mines." On June 2nd, that is, two days after

the terms of surrender have been signed at Pretoria, Lord Milner sends

a "most urgent" telegram on the immediate financial position:

"The departments are still very busy with the estimates of the

new colonies and Constabulary. They are rather late this year,

but that was quite unavoidable. The result promises to be good.

We can pay for all normal expenditure and the 6,000 South African

Constabulary out of revenue. But, as you know, there is nothing

provided for the various extraordinary items which have been

hitherto financed out of the L500,000 grant for relief and

re-settlement. In all my estimates I have relied on a loan for

this. As I understand, the loan is deferred. As the L500,000 is

nearly exhausted, and it would be disastrous if land settlement,

which latter is at last making good progress, were stopped,

especially at this juncture, I would ask for immediate authority

to spend another L500,000 on these purposes. This is independent

of the amounts which will be required under the last clause of

the Terms of Surrender, about which I will address you

immediately. I earnestly hope that there may be no delay in

acceding to this request. The work to be got through in the

immediate future is so enormous that, unless we can get the

fundamental questions of finance settled promptly, a breakdown

is inevitable. It would be a great relief to my mind to feel that

services already started and working well were provided for at

least for some months ahead, before I plunge into the new and

heavy job of restoring the Boer population, which will require

all my attention in the immediate future."[320]

[Footnote 320: Cd. 1,163.]

Mr. Chamberlain's reply comes on June 18th:

"You may incur expenditure up to L500,000 more for relief and

re-settlement, pending the issue of the loan."

On June 10th Lord Milner telegraphs an outline scheme for repatriating

the Boers. "As time presses," he concludes, "I am going ahead on these

lines; but I am anxious to know that they have your general approval."

The reply, dated June 18th, is: "The proposals are approved generally.

Send by post a report on the details of the arrangement and the

persons appointed." At the same time Lord Milner has been pressing for

a decision on the question of land settlement. He has sent a despatch

on May 9th containing full particulars of the terms upon which it is

proposed to offer and to suitable applicants; and he now telegraphs,

on June 20th:

[Sidenote: "It is vital to make a start".]

"If you could agree generally to the terms in my despatch, I

would immediately deal with some of the most pressing cases on

those lines. The terms may be improved upon later; meanwhile it

is vital to make a start."

There is land available, and there are men available--over-sea

colonists, and yeomen with a knowledge of agriculture, who have fought

in the war, and have, therefore, a first claim to be considered. But

these desirable settlers cannot afford to wait in a country like South

Africa, where the cost of living is abnormally high, without a

definite prospect of employment.

"Unless something is done at once," he says, "there will be

bitter complaint. [The Transvaal] Government is already being

severely, though unjustly, criticised for the delay."

This is answered by Mr. Chamberlain's telegram of July 7th, in which

he "concurs generally" in Lord Milner's proposals, and leaves him

"full discretion to deal with the details of the scheme, which it is

not possible to criticise effectively" in London.

In a telegram of June 21st we get the announcement of the formal

initiation of Crown Colony government:

"I have this day read and published the Letters Patent," Lord

Milner says, "constituting the Government of the Transvaal, and

my Commission; and I have taken the prescribed oath."

And on July 3rd he suggests that an announcement should be made at

once of the intention of the Home Government to enlarge the

Legislative Councils of both colonies by the admission of a

non-official element:

[Sidenote: Colonists and the settlement.]

"I felt at one time that in the case of the Transvaal this would

be unworkable," he adds, "but my present opinion is strongly to

the effect that we should seize the opportunity of the present

improved feeling between the Dutch and British in the new

colonies to commence co-operation between them in the conduct of

public business."

To this proposal Mr. Chamberlain gives his approval in a brief

telegram of July 7th.[321]

[Footnote 321: Cd. 1,163.]

Bare and jejune as are these telegrams, they tell us something of the

spirit of relentless vigour by which Lord Milner drove the cumbrous

wheels of Downing Street into quicker revolutions at the shifting of

the scenes from war to peace. Within six weeks of the surrender of

Vereeniging he was fully engaged in what he afterwards called "the

tremendous effort, wise or unwise in various particulars, made after

the war, not only to repair its ravages, but also to re-start the new

colonies on a far higher plane of civilisation than they had ever

previously attained."[322] The story of this "tremendous effort," with

its economic problems and its political agitations, must be reserved

for a separate volume. It only remains, therefore, to relate the part

which Lord Milner played in determining the conditions under which the

republican Dutch were incorporated into the system of British South

Africa.

[Footnote 322: At Johannesburg, March 31st, 1905. From _The

Star_ report.]

Before we approach the actual circumstances which accompanied the

surrender of the Boer forces in the field, it is necessary to recall

the exchange of views on the subject of the settlement of the new

colonies which took place between the Imperial authorities and the

Governments of the Cape and Natal in the early months of the preceding

year (1901). In these communications--the origin of which has been

mentioned previously[323]--the significance attached by loyalist

opinion in South Africa to certain questions, necessarily left

undetermined in Mr. Chamberlain's pronouncements of the general policy

of the British Government, was fully disclosed. The Cape ministers,

while recognising that full representative self-government should be

conferred at an early date, unhesitatingly affirmed the necessity of

maintaining a system of Crown Colony government until "such time as it

was certain that representative institutions could be established, due

regard being had to the paramount necessity of maintaining and

strengthening British supremacy in the colonies in question." And as,

in their opinion, "this consummation would be ultimately assured and

materially strengthened by a large influx of immigrants favourably

disposed to British rule," they expressed the hope that "no time would

be lost after the conclusion of the war in putting into effect a large

scheme of land settlement." More than this, with the object-lesson of

the actual breakdown of representative government in their own Colony

before their eyes, they added a recommendation that this British

immigration should not be confined to the new colonies, but that a

portion of the funds to be provided by the Imperial Government for

this purpose should be allocated to the Cape Colony.

[Footnote 323: See p. 489.]

[Sidenote: The language question.]

In the minute furnished by the Natal Ministry the question of the

settlement of the new colonies was discussed in greater detail, and in

particular attention was drawn to the opportunities for the promotion

of a federal union of British South Africa, which the establishment of

British government in the former Republics would afford. The

settlement of the new colonies, in their opinion, should be so treated

as to become a preliminary stage in the creation of a federal

administration which "should be accomplished, if possible, before

intercolonial jealousies and animosities should have had time to

crystallise and become formidable." The Natal ministers, therefore,

insisted upon the importance of measures calculated to secure the

predominance of the English language in the new colonies. In support

of this recommendation they pointed out that the preservation of the

"Taal" is purely a matter of sentiment. The Boer vernacular, so

called, "has neither a literature nor a grammar"; it is distinct from

"the Dutch language used in public offices and official documents." No

one acquainted with the conditions of Boer life will dispute the truth

of this contention. The Boer child, if he is to receive an education

sufficient to qualify him for the public services, or for a

professional or commercial career, must in any case learn a second

language; and since to learn the Dutch of Holland is no less

difficult--probably more difficult--to him than to learn English, the

desire to have Dutch taught in schools in preference to English

becomes a matter of political sentiment, and not of practical

convenience. On the other hand, the strongest reasons exist for making

English the common language of both races. Apart from its superiority

to Dutch as the literary vehicle of the Anglo-Saxon world and the

language of commerce, the predominance of the English language is a

matter which vitally affects the success of British policy in South

Africa.

"The general good of the new colonies and of South Africa

generally," the Natal ministers wrote, "requires the predominance

of the English language. The language question has done more,

probably, than anything else to separate the races and to provoke

racial animosity."

They, therefore, recommend that--

"English should be the official and predominant language in the

higher courts, and in the public service--combined with such

concessions in favour of Dutch as justice, convenience, and

circumstances may require. Dutch interpreters should be attached

to all courts and to the principal public offices, and their

services should be available free of charge, in civil as well as

in criminal cases. English should be the medium of instruction in

all secondary schools, and in all standards in primary schools

situated in English districts, and in the higher standards in all

other primary schools. Dutch should be the medium of instruction

meanwhile in the lower forms in the Dutch districts, and it

should be taught in all schools where there is a reasonable

demand for it."[324]

[Footnote 324: Cd. 1,163.]

On the question of disarmament they wrote:

"In order to secure complete pacification, disarmament is

necessary. Re-armament should not be allowed until both the new

colonies are considered fit for self-government, and even then

the carrying of arms and the issuing of ammunition should be

contingent on the taking of the oath of allegiance."

[Sidenote: The native question.]

On the subject of the treatment of the natives in the new colonies,

the remarks of the Natal ministers are weighty and pertinent.

"For a long while," they wrote, "the natives cannot be given

political rights. The grant of such rights would have the effect

of alienating the sympathy of English and Dutch alike, and would

materially prejudice the good government of the new colonies, and

be provocative of racial bitterness. In the meantime the natives

should be taught habits of steady industry.

"Officers appointed over the natives should be acquainted with

their language and customs.

"The assumption in England that colonists are unjust and brutal

to the natives has worked great harm, and both Dutch and English

have suffered from its influence.

"A native policy out of sympathy with colonial views is likely,

owing to the past history of South Africa, to arouse so strong a

feeling that even the just rights of natives would be

disregarded. It is essential, in the interests of the natives

themselves, generally, that the Home Government should work in

accord with colonial sentiments as a whole, and the great

influence of a colonial minister in sympathy with colonists will

secure far more reforms than will any attempt to over-rule local

feeling."[325]

[Footnote 325: Cd. 1,163.]

As one of certain immediately practicable steps in the direction of

South African unity, the Natal Ministry advocated "reciprocity" in the

learned professions and the Civil Services of the several colonies. To

effect this purpose they recommended that uniform tests of

professional qualifications should be adopted throughout South Africa,

and that public officers should be allowed to proceed from the civil

service of one colony to that of another, their separate periods of

service counting as continuous "for pension and other purposes." They

also put forward a claim for the incorporation of certain districts of

the Transvaal and Orange River Colony into Natal. The justice of this

claim, in so far as it referred to a portion of Zululand wrongfully

annexed by the Transvaal Boers, was recognised by the Imperial

Government, and the district in question was transferred to Natal on

the termination of the war.

As High Commissioner, Lord Milner was bound to prevent the grant of

any terms to the Boers inconsistent with the future maintenance of

British supremacy in South Africa, now re-established at so great a

cost. As the representative man of the British in South Africa, he

was no less bound to see that the terms of surrender contained no

concessions to the separatist aspirations of the Boer people

calculated to form an obstacle to the future administrative union of

the South African colonies. With this two-fold responsibility laid

upon him, it is not surprising that his view both of what might be

conceded safely to the Boer leaders, and of how it might be conceded,

was somewhat different from that of the Commander-in-Chief. That the

Boers themselves were conscious of being likely to get more favourable

terms from Lord Kitchener than from the High Commissioner, is apparent

from the anxiety which they displayed to deal exclusively with the

former. In this object, however, they were entirely unsuccessful,

since the Home Government indicated from the first their desire that

Lord Milner should be present at the meetings for negotiation; and in

the end the terms of surrender were drafted by him with the assistance

of Sir Richard Solomon, the legal adviser to the Transvaal

Administration.

[Sidenote: The peace negotiations.]

The actual circumstances in which the Vereeniging negotiations

originated were these. Early in the year 1902, when, as we have seen,

the ultimate success of the military operations directed by Lord

Kitchener was assured, the Netherlands Government communicated their

readiness to mediate between the British Government and the

Governments of the South African Republic and the Orange Free State,

with a view to the termination of hostilities. To this offer the

British Government replied that, while they were sincerely desirous of

terminating the war, the only persons whom they could recognise as

competent to negotiate for peace were the leaders of the Boer forces

in the field. Lord Kitchener was directed, however, to forward a copy

of the correspondence between the British and Netherlands Governments

to the Boer leaders. In acknowledging this communication Mr. Schalk

Burger, as acting President of the South African Republic, informed

Lord Kitchener that he was prepared to treat for peace, but that

before doing so he wished to see President Steyn. He, therefore, asked

for a safe-conduct through the British lines and back to effect this

purpose. On March 13th, 1902, the Home Government authorised Lord

Kitchener to grant this request, if "he and Lord Milner agreed in

thinking it desirable." As the result of the consultation between

Schalk Burger and Steyn, a conference of the Free State and Transvaal

leaders was held at Klerksdorp, at which it was decided, on April

10th, to request the British Commander-in-Chief to receive

representatives of the Boers personally, "time and place to be

appointed by him, in order to lay before him direct peace proposals."

The approval of the Home Government having been obtained, President

Steyn, Mr. Schalk Burger, and Generals Botha, De Wet, and De la Rey

met Lord Kitchener and Lord Milner on April 12th, at Pretoria. The

proposals which the Boer representatives then put forward were wholly

inadmissible. Nevertheless, Lord Kitchener telegraphed them to London

with the remark:

"I have assured [the Boer representatives] that His Majesty's

Government will not accept any proposals which would maintain the

independence of the Republics, as this would do, and that they

must expect a refusal."

[Sidenote: Independence refused.]

On the day following the British Government replied that they could

not

"entertain any proposals which were based upon the former

independence of the Republics, which had been formally annexed to

the British Crown."

Upon learning this reply President Steyn and his colleagues took up

the position that they were not competent to surrender the

independence of their country, since only the "people," meaning

thereby the burghers still in the field, could do this. They asked,

therefore, for an armistice to enable them to consult the burghers.

This request was refused on the ground that no basis of agreement had,

as yet, been reached. The Boer representatives then asked that the

British Government should state the "terms which they were prepared to

grant, subsequent to a relinquishment of independence"; while they on

their side undertook to refer these terms to the people, "without any

expression of approval or disapproval." In answer to this proposal

Lord Kitchener was authorised to refer the Boer representatives to the

offer made by him to General Botha at Middelburg twelve months

before.

"We have received," telegraphed the Secretary for War on April

16th, "with considerable surprise the message from the Boer

leaders contained in your telegram of 14th April.

"The meeting was arranged at their request, and they must have

been aware of our repeated declarations that we could not

entertain any proposals based on the renewed independence of the

two South African States. We were, therefore, entitled to assume

that the Boer representatives had relinquished the idea of

independence, and would propose terms of surrender for the forces

still in the field.

"They now state that they are constitutionally incompetent to

discuss terms which do not include a restoration of independence,

but request us to inform them what conditions would be granted

if, after submitting the matter to their followers, they were to

relinquish the demand for independence.

"This does not seem to us to be a satisfactory method of

proceeding, or one best adapted to secure, at the earliest

moment, a cessation of the hostilities which have involved the

loss of so much life and treasure.

"We are, however, as we have been from the first, anxious to

spare the effusion of further blood, and to hasten the

restoration of peace and prosperity to the countries afflicted by

the war; and you and Lord Milner are therefore authorised to

refer the Boer leaders to the offer made by you to General Botha

more than twelve months ago,[326] and to inform them that,

although the subsequent great reduction in the strength of the

forces opposed to us, and the additional sacrifice thrown upon us

by the refusal of that offer would justify us in imposing far

more onerous terms, we are still prepared, in the hope of a

permanent peace and reconciliation, to accept a general surrender

on the lines of that offer, but with such modifications in detail

as may be agreed upon mutually.

"You are also authorised to discuss such modifications with them,

and to submit the result for our approval.

"Communicate this to the High Commissioner."[327]

[Footnote 326: For these, the "Middelburg" or "Botha" terms,

see above, p. 471, and forward; p. 568, note 2.]

[Footnote 327: Cd. 1,096.]

[Sidenote: Consulting the Burghers.]

Upon learning the contents of this telegram, the Boer representatives

put forward the request that their "deputation" in Europe, Mr. Abraham

Fischer, Mr. Cornelius Wessels, and Mr. Wolmarans,[328] might be

allowed to return to South Africa to take part in the negotiations,

and again asked for an armistice while the return of the deputation

and the subsequent meetings of the burghers were taking place. Both

these requests were refused on military grounds; but Lord Kitchener

was willing to grant facilities to the Boer leaders to consult the

burghers, and arrangements were made in the course of the next two

days (April 17th-19th) for representatives of the Boer commandos in

the field--exclusive of those in the Cape Colony--to be elected, and

meet at Vereeniging, a small town on the Vaal near the border of the

two colonies, on May 13th or 15th. During the month that followed,

every possible assistance was rendered by the Commander-in-Chief to

the Boer leaders with the object of enabling them to carry out these

arrangements. Safe-conducts, under flags of truce, and passes for

their officers and messengers, were freely granted; and the localities

chosen for the commando assemblies, the places and dates of which had

been notified to Lord Kitchener before the Boer representatives left

Pretoria, were "scrupulously avoided" by the British troops. In spite,

however, of the restrictions imposed upon the activity of the forces

under his command, Lord Kitchener was able to report, on June 1st,

that "good progress" had been made in the work of the campaign up to

the actual cessation of hostilities.[329]

[Footnote 328: This deputation was despatched in March, 1900,

to "win the sympathy of the nations," in De Wet's words.]

[Footnote 329: Cd. 986.]

The sixty Boer representatives--two for each commando--thus assembled

at Vereeniging appointed, on May 18th, a special commission to treat

for peace. The commissioners, who included Commandant-Generals Louis

Botha and Christian De Wet, Generals Hertzog, De la Rey and Smuts, and

President Steyn, Acting President Schalk Burger, and other

civilians,[330] proceeded at once to Pretoria, where, on May 19th,

they met Lord Kitchener and Lord Milner in conference, and put forward

the following three proposals as a basis of negotiation:

[Footnote 330: A full list of the names is to be found in the

Draft Terms of Surrender at p. 564.]

[Sidenote: The terms drafted.]

"(1) We are prepared to surrender our independence as regards

foreign relations. (2) We wish to retain self-government under

British supervision. (3) We are prepared to surrender a part of

our territory."

What then happened can be told in the words of Lord Kitchener's

telegram to the Secretary for War:

"Lord Milner and I refused to accept these terms as a basis for

negotiation, as they differ essentially from the principles laid

down by His Majesty's Government. After a long discussion,

nothing was decided, and it was determined to meet in the

afternoon. The Commission met again at 4 p.m., when Lord Milner

proposed a form of document that might be submitted to the

burghers for a 'Yes' or 'No' vote. There was a good deal of

objection to this, but it was agreed finally that Lord Milner

should meet Smuts and Hertzog with a view of drafting, as far as

possible, an acceptable document on the Botha lines.[331] They

will meet to-morrow for that purpose. Lord Milner stipulated for

the assistance of Sir Richard Solomon in the preparation of the

draft document."[332]

[Footnote 331: These were the "Middelburg terms" of a year

ago. See note 2, p. 568.]

[Footnote 332: Cd. 1,096.]

The "long discussion" of May 19th, to which Lord Kitchener refers, is

to be found in the minutes of the conferences held at Pretoria between

May 19th and 28th. It affords an exhibition of gross disingenuousness

on the part of the Boer commissioners. Almost in the same breath they

allege that their proposal is "not necessarily in contradiction

to"[333] the Middelburg terms; admit that there is a "fundamental

difference" between the two proposals, but ask that their own may be

accepted, nevertheless, as the basis of negotiation;[334] and finally

maintain that, as it is "nearly equivalent"[335] to the Middelburg

terms, they need not "insist so much" upon it.[336] To all this Lord

Milner has but one answer: "It is impossible for us to take your

proposal into consideration."

[Footnote 333: Smuts.]

[Footnote 334: Hertzog.]

[Footnote 335: De Wet.]

[Footnote 336: Botha.]

[Sidenote: Payment of Boer war debts.]

On May 21st the document drafted by Lord Milner and Sir R. Solomon in

consultation with Mr. Smuts (General and ex-State Attorney of the

Transvaal) and Mr. Hertzog (General and late Judge of the Free State

High Court) on the preceding day, was read at a plenary meeting of the

negotiators. In the main the document was accepted with little demur;

but a long discussion arose on the question of the degree in which the

the British Government would recognise the debts incurred by military

and civil officers of the late Republics in the course of the war. The

Boers desired that all Government notes and all receipts given by

their officers for goods, whether commandeered or not, should be

recognised to be part of the liabilities of the Republican Governments

for which the new Government was to become responsible. Lord Milner,

on the other hand, expressed the opinion that such a demand was very

unreasonable. The British Government would take over, with the assets

of the Republican Governments, all liabilities existing at the time

when the war broke out, but it could not be expected to pay for

expenses actually incurred by the Boer leaders in carrying on a war

against itself, which was, in its later stages, at any rate, utterly

indefensible. The British people, he said--

"would much prefer to pay a large sum at the conclusion of

hostilities with the object of bettering the condition of the

people who have been fighting against them, than to pay a much

smaller sum to meet the costs incurred by the Republics during

the war."

As, however, the principle of the recognition of these notes and

receipts had been conceded in the Middelburg terms, he was willing,

with Lord Kitchener's concurrence, to refer the matter to the Home

Government, although he disapproved of the clause in question in the

Middelburg terms.

This point was thus left to be settled by the Home Government, and the

clause which they drafted to deal with it was that which ultimately

became Article X. of the Terms of Surrender. That clause represented a

compromise between the desire of the Boer leaders to have a definite

sum allotted for the payment of debts contracted by them in the course

of the war, and Lord Milner's desire to ignore these debts but to make

a free grant for the relief of the Boer people. The British Government

followed Lord Milner in making such a free grant--L3,000,000--and in

rejecting the claim of the Boer leaders that this sum should be

devoted to the payment of the promissory notes and receipts issued by

them but it nevertheless allowed such notes and receipts to be

submitted "as evidence of war losses" to the commissioners who were to

be appointed to distribute the L3,000,000 grant.

The minutes of these discussions reveal very clearly the difference in

the respective attitudes of the High Commissioner and the

Commander-in-Chief. Lord Kitchener was the humane and successful

general, anxious to bring the miseries of the war to an end, and

anxious, too, to close a campaign which, in spite of its difficult and

arduous character, had afforded little or no opportunity of reaping

military honours commensurate to the skill and endurance of the army

or the sacrifices of the nation. Lord Milner was the far-sighted

statesman, responsible for the future well-being of British South

Africa, and, above all, the jealous trustee of the rights and

interests of the empire. At this meeting, when the draft terms are

being discussed before they are telegraphed to London, Lord Milner is

exceedingly careful to point out to the Boer commissioners that the

actual text of the document, as expressed in English, when once

accepted, must be regarded as the sole record of the terms of

surrender. After reading the proposed draft, he says: "If we come to

an agreement, it will be the _English_ document which will be wired to

England, on which His Majesty's Government will decide, and which

will be signed." To Mr. Smuts' suggestion that it is not necessary to

place a "formal clause" in the draft agreement, if the British

Government is prepared to meet the Boer commissioners in a particular

matter, he replies:

"As I look at the matter, the Government is making certain

promises in this document, and I consider that all promises to

which a reference may be made later should appear in it.

Everything to which the Government is asked to bind itself should

appear in this document, and nothing else. I do not object to

clauses being added, but I wish to prevent any possible

misunderstanding."

[Sidenote: Lord Milner's vigilance.]

And again, in the course of the same meeting, we find him saying: "You

must put in writing every point that strikes you, and let them be laid

before His Majesty's Government." And, to prevent any possible

misconstruction of Lord Kitchener's statement, "there is a pledge that

the matter [the question of the payment of receipts] will be properly

considered," he says:

"Yes, naturally, if we put anything down in writing. I am

convinced that it is necessary to make it quite clear that this

document must contain everything about which there is anything in

the form of a pledge."

And before telegraphing the draft agreement to the Home Government he

draws the attention of the commissioners in the most explicit language

to the fact that the Middelburg proposal has been "completely

annulled"; and that, therefore, if the draft agreement should be

signed, there must be "no attempt to explain the document, or its

terms, by anything in the Middelburg proposal."

The greatness of the debt owed by England and the empire to Lord

Milner for the inflexible determination with which he penetrated,

unmasked, and finally baffled the tortuous diplomacy of the Boer

commissioners may be estimated from the fact that within three months

of the signing of the Surrender Agreement at Pretoria, three out of

their number asked the British Government to re-open the discussion

and make, what Mr. Chamberlain rightly termed, "an entirely new

agreement." As it was, Lord Milner's faultless precision during the

whole progress of the negotiations at Pretoria provided the Home

Government with a complete answer to the representatives of the Boer

"delegates."

"It would not be in accordance with my duty," wrote Mr.

Chamberlain,[337] "to enter upon any discussion of proposals of

this kind, some of which were rejected at the conferences at

Pretoria; while others, which were not even mentioned on those

occasions, would certainly not have been accepted at any time by

His Majesty's Government."

[Footnote 337: Mr. Chamberlain to Generals Botha, De Wet, and

De la Rey, August 28th, 1902. Cd. 1,284.]

[Sidenote: Approval of Home Government.]

At the close of the afternoon meeting (May 21st) the draft agreement

was telegraphed to the Home Government. On the 27th Mr. Chamberlain

informed Lord Milner by telegram that the Cabinet approved of the

submission of this document with certain minor alterations, and with

the new clause dealing with the grant of L3,000,000, to the Assembly

at Vereeniging. Meanwhile the nature of the penalties to be inflicted

upon the colonial rebels, a subject which had been discussed in

private conversations between the Boer leaders and Lords Kitchener and

Milner, but which was excluded from the "Terms of Surrender," had been

settled by communications which had passed between Lord Milner and Mr.

Chamberlain and the Governments of the Cape and Natal. The reason for

this course was that the Home Government and Lord Milner, while they

objected on principle to the treatment of rebels being made part of

the agreement with the surrendering enemy, were nevertheless quite

willing that the latter should be informed of the clemency which it

was, in any case, intended to show to the rebels. The Terms of

Surrender, in the form given to them by the Home Government, and the

statement of the treatment to be meted out to the rebels by their

respective Governments, were communicated to the Boer commissioners on

May 28th. At the same time they were distinctly told that His

Majesty's Government was not prepared to listen to any suggestion of

further modifications of the Terms, but that they must be submitted to

the assembly for a "Yes" or "No" vote as an unalterable whole. The

Boer commissioners left at 7 o'clock in the evening of the same day

for Vereeniging, and on the day following the Terms of Surrender were

submitted to the "Yes" or "No" vote of the burgher representatives.

One other point had been raised and settled between Lord Milner and

the Home Government. Under the Proclamation of August 7th, 1901,

certain of the Boer leaders were liable to the penalties of

confiscation and banishment. Lord Milner was of opinion, however, that

in view of the general surrender this proclamation should be "tacitly

dropped," although property already confiscated under its terms could

not, of course, be restored; and in this view the Home Government

concurred.

The text of the document submitted to the burgher representatives at

Vereeniging on May 29th was as follows:

"_Draft Agreement as to the Terms of Surrender of the Boer Forces

in the Field, approved by His Majesty's Government._

"His Excellency General Lord Kitchener and his Excellency Lord

Milner, on behalf of the British Government, and Messrs. M. T.

Steyn, J. Brebner, General C. R. De Wet, General C. Olivier, and

Judge J. B. M. Hertzog, acting as the Government of the Orange

Free State, and Messrs. S. W. Burger, F. W. Reitz, Generals Louis

Botha, J. H. Delarey, Lucas Meyer, Krogh, acting as the

Government of the South African Republic, on behalf of their

respective burghers desirous to terminate the present

hostilities, agree on the following articles:

[Sidenote: The surrender agreement.]

"1. The burgher forces in the field will forthwith lay down their

arms, handing over all guns, rifles, and munitions of war in

their possession or under their control, and desist from any

further resistance to the authority of His Majesty King Edward

VII., whom they recognise as their lawful Sovereign. The manner

and details of this surrender will be arranged between Lord

Kitchener and Commandant-General Botha, Assistant

Commandant-General Delarey, and Chief Commandant De Wet.

"2. All burghers in the field outside the limits of the Transvaal

or Orange River Colony, and all prisoners of war at present

outside South Africa who are burghers will, on duly declaring

their acceptance of the position of subjects of His Majesty King

Edward VII., be gradually brought back to their homes as soon as

transport can be provided, and their means of subsistence

ensured.

"3. The burghers so surrendering or so returning will not be

deprived of their personal liberty or their property.

"4. No proceedings, civil or criminal, will be taken against any

of the burghers surrendering or so returning for any acts in

connection with the prosecution of the war. The benefit of this

clause will not extend to certain acts, contrary to usages of

war, which have been notified by the Commander-in-Chief to the

Boer generals, and which shall be tried by court-martial

immediately after the close of hostilities.

"5. The Dutch language will be taught in public schools in the

Transvaal and Orange River Colony where the parents of the

children desire it, and will be allowed in courts of law when

necessary for the better and more effectual administration of

justice.

"6. The possession of rifles will be allowed in the Transvaal and

Orange River Colony to persons requiring them for their

protection, on taking out a licence according to law.

"7. Military administration in the Transvaal and Orange River

Colony will at the earliest possible date be succeeded by civil

government, and, as soon as circumstances permit, representative

institutions, leading up to self-government, will be introduced.

"8. The question of granting the franchise to the natives will

not be decided until after the introduction of self-government.

"9. No special tax will be imposed on landed property in the

Transvaal and Orange River Colony to defray the expenses of the

war.

"10. As soon as conditions permit, a Commission, on which the

local inhabitants will be represented, will be appointed in each

district of the Transvaal and Orange River Colony, under the

presidency of a magistrate or other official, for the purposes of

assisting the restoration of the people to their homes, and

supplying those who, owing to war losses, are unable to provide

themselves with food, shelter, and the necessary amount of seed,

stock, implements, etc., indispensable to the resumption of their

normal occupation.

"His Majesty's Government will place at the disposal of these

Commissions a sum of L3,000,000 for the above purposes, and will

allow all notes issued under Law 1 of 1900 of the South African

Republic, and all receipts given by officers in the field of the

late Republics, or under their orders, to be presented to a

Judicial Commission, which will be appointed by the Government,

and if such notes and receipts are found by this Commission to

have been duly issued in return for valuable considerations, they

will be received by the first-named Commissions as evidence of

war losses suffered by the persons to whom they were originally

given.

"In addition to the above-named free grant of L3,000,000, His

Majesty's Government will be prepared to make advances on loan

for the same purposes free of interest for two years, and

afterwards repayable over a period of years with 3 per cent.

interest. No foreigner or rebel will be entitled to the benefit

of this clause."[338]

[Footnote 338: Cd. 1,096. President Steyn was too ill to sign

the Agreement, and De Wet signed first of the Free State

representatives. He was declared President, in the place of

Steyn, at Vereeniging on the 29th.]

[Sidenote: Punishment of rebels.]

To this must be added the following statement as to the punishment of

the colonial rebels, a copy of which was handed to the Boer

commissioners on May 28th, after it (together with the Terms of

Surrender) had been read to them by Lord Milner.

"His Majesty's Government must place it on record that the

treatment of Cape and Natal colonists who have been in rebellion

and who now surrender will, if they return to their colonies, be

determined by the colonial Governments and in accordance with the

laws of the colonies, and that any British subjects who have

joined the enemy will be liable to trial under the law of that

part of the British Empire to which they belong.

"His Majesty's Government are informed by the Cape Government

that the following are their views as to the terms which should

be granted to British subjects of Cape Colony who are now in the

field, or who have surrendered, or have been captured since 12th

April, 1901:

"With regard to the rank and file, they should all, upon

surrender, after giving up their arms, sign a document before the

resident magistrate of the district in which the surrender takes

place acknowledging themselves guilty of high treason, and the

punishment to be awarded to them, provided they shall not have

been guilty of murder or other acts contrary to the usages of

civilised warfare, should be that they shall not be entitled for

life[339] to be registered as voters or to vote at any

Parliamentary Divisional Council, or municipal election. With

reference to justices of the peace and field-cornets of Cape

Colony and all other persons holding an official position under

the Government of Cape Colony or who may occupy the position of

commandant of rebel or burgher forces, they shall be tried for

high treason before the ordinary court of the country or such

special court as may be hereafter constituted by law, the

punishment for their offence to be left to the discretion of the

court, with this proviso, that in no case shall the penalty of

death be inflicted.

"The Natal Government are of opinion that rebels should be dealt

with according to the law of the Colony."[340]

[Footnote 339: This was reduced to a period of five years.]

[Footnote 340: Cd. 1,096. As compared with the Middelburg

terms, the terms accepted at Vereeniging were slightly less

favourable to the Boers in respect of permission to possess

arms, and the use of the Dutch language; but the monetary

assistance promised to the repatriated burghers was more

generous. The free grant was raised from one million to three

millions, and the advances on loan were offered for the first

two years free of interest, and subsequently at only three

per cent. The greater destruction of property consequent upon

the prolongation of the war made this increased assistance

necessary and reasonable. It is noticeable, however, that

Lord Milner, alike in the Middelburg and Vereeniging

negotiations, although he was opposed to any payment of the

costs incurred by the Boer leaders in carrying on the war,

was prepared to go even farther than the Home Government in

the direction of a generous treatment of the Boers in all

other matters that concerned their material prosperity.

One variation as between the Middelburg and Vereeniging terms

is noticeable in view of the statement, made in the House of

Commons by the present (1906) Under-Secretary for the

Colonies (Mr. Winston Churchill), that the use of the word

"natives" in clause viii. of the Terms of Surrender prevented

the introduction of any legislation affecting the _status_ of

Asiatics and "coloured persons" in the new colonies prior to

the establishment of self-government. This assertion was

based upon the contention that the word "natives" is

understood by the Boers to indicate the "native of any

country other than those of the European inhabitants of South

Africa." The actual text of the corresponding clause in the

Middelburg terms (Lord Kitchener's despatch of March 20th,

1901, in Cd. 528) is as follows: "As regards the extension of

the franchise to the Kafirs in the Transvaal and Orange River

Colony, it is not the intention of His Majesty's Government

to give such franchise before representative government is

granted to these colonies, and if then given it will be so

limited as to secure the just predominance of the white

races. The legal position of coloured persons will, however,

be similar to that which they hold in Cape Colony." Apart

from the fact that the Boers were debarred by Lord Milner's

specific statements either from going behind the English text

of the Vereeniging Terms of Surrender, or from "explaining

[the Vereeniging Terms] by anything in the Middelburg

proposal," it is difficult to see how this Middelburg clause

could have raised any presumption in the minds of the Boer

commissioners that the English word "native" was intended to

include not only the Kafirs (of which word it is a loose

equivalent, since the dark-skinned native of the Bantu

tribes, or the Kafir, has practically ousted the aboriginal

yellow-skinned natives of South Africa--the Bushmen and

Hottentots), but the "coloured people," or half-castes.

Lord Milner himself declared in the House of Lords (July

31st, 1906) with reference to Mr. Churchill's statement that

the question had not been raised, to the best of his belief,

by the Boer commissioners; and that in any case there was

nothing in the Vereeniging Agreement to prevent the Crown

Colony administration of the new colonies from legislating in

respect of "coloured persons." [And _a fortiori_ in respect

of British Indians.] His words were: "The English text of the

treaty says 'natives' and does not say 'coloured people.' I

think that in the Dutch version the word 'naturellen' was

used. I venture to say that nobody familiar with the common

use of language in South Africa would hold either that

'natives' included coloured people, some of whom very much

more resemble whites than natives, or that 'naturellen'

included 'kleurlingen,' which is the universally accepted

Dutch word in South Africa for coloured people."]

[Sidenote: The last debates.]

[Sidenote: Accepting the inevitable.]

With the departure of the Boer commissioners from Pretoria the final

stage of the protracted negotiations had been reached, but it still

required three days of discussion (May 29th-31st) before the assembly

at Vereeniging could be brought to accept the inevitable. On the

morning of the 29th the delegates assembled in the tent provided by

the British military authorities, and a report of the proceedings of

the peace conferences at Pretoria, drawn up by the Boer commissioners

on the preceding evening, was read. Mr. Schalk Burger, as Acting

President of the South African Republic, then announced that the

meeting was called upon to decide which of three possible courses

should be taken--to continue the war, to accept the British terms, or

to surrender unconditionally.[341] The rest of the morning sitting,

and part of the afternoon sitting, were occupied by the delegates in

questioning the commissioners as to the meaning of the various

Articles in the Terms of Surrender. According to the understanding

between the Boer commissioners and the British authorities, the

Surrender Agreement should have been submitted forthwith to the

delegates for acceptance or rejection. This course was actually

proposed, but a resolution to that effect was immediately negatived on

the ground that "the matter was too important to be treated with so

much haste." The explanation of the delay is probably to be found in

the circumstance that, although the Boer leaders had left Pretoria

convinced, as a body, of both the desirability and the necessity of

accepting the British terms, each of them was anxious, individually,

to avoid any action which would fix the responsibility of the

surrender upon himself. They refrained, therefore, as long as possible

from any decisive declaration, each one desiring that his neighbour

should be the first to speak the final word. And so, instead of the

question of submission being put to the vote immediately after the

delegates had acquainted themselves with the actual meaning of the

Surrender Agreement, two days were consumed in a long and protracted

discussion, and the British terms were not accepted until the

afternoon of Saturday, the 31st, the latest possible moment within the

limit of time fixed by the British Commander-in-Chief. In this long

debate Louis Botha consistently advocated submission; but De Wet spoke

more than once in favour of continuing the war. One of the arguments

used by the Free State Commander-in-Chief is instructive. "Remembering

that the sympathy for us, which is to be found in England itself," he

said, "may be regarded as being, for all practical purposes, a sort of

indirect intervention, I maintain that this terrible struggle must be

continued." The really decisive utterance seems to have come in the

form of a long and eloquent speech delivered by Mr. Smuts, the

substance of which lies in the fine sentence: "We must not sacrifice

the Afrikander nation itself upon the altar of independence." From

this moment the discussion increased in vehemence, until, in the words

of the minutes, "after a time of heated dispute--for every man was

preparing himself for the bitter end--they came to an agreement." Then

a long resolution, drawn up by Hertzog and Smuts, and empowering the

commissioners to sign the Surrender Agreement, was adopted by 54 to 6

votes.

[Footnote 341: The minutes of the final meetings of the

commando representatives--as also those of the earlier

meetings of May 15th to 17th--have been published by General

Christian de Wet in _The Three Years' War_.]

After the vote on the British terms had been taken, a resolution

constituting a committee[342] to collect funds for the destitute Boers

was passed; and the Peace Commissioners, having telegraphed the

decision of the delegates to Lord Kitchener, hastened back by train to

sign the Surrender Agreement at Pretoria.

[Footnote 342: Three of the members of this committee,

Generals Botha, De Wet, and De la Rey, were instructed to

proceed to Europe for the purposes of this appeal.]

Late in the afternoon of May 31st, Lord Milner, who had returned to

Johannesburg on the 28th, and had been busily engaged on

administrative matters while the discussion at Vereeniging was going

on, was informed that Lord Kitchener wished to speak to him on the

telephone. Then, along the wire, in the familiar voice of the

Commander-in-Chief, came the welcome words: "It is peace." There was

just time to pack up and catch the half-past six train, which brought

the High Commissioner to Pretoria at a quarter past eight. Lord Milner

and his staff, when at Pretoria, habitually stayed at the former

British Agency, but this night he dined with Lord Kitchener; and here,

at Lord Kitchener's house, the Boer commissioners appeared at about 10

o'clock, and just before eleven (May 31st) the Surrender Agreement

was signed.[343]

[Footnote 343: The actual surrender of the arms in the

possession of the burgher and rebel commandos was carried out

with admirable promptitude. Three weeks after the agreement

had been signed Lord Kitchener was able, in a final despatch

from Capetown on June 23rd, to record his "high appreciation

of the unflagging energy and unfailing tact" with which

Generals Louis Botha, De la Rey, and Christian de Wet had

facilitated the work of the British commissioners appointed

to receive the surrender of the burghers in the Transvaal and

Orange River Colony. Nor were the Boer and rebel commandos in

the Cape Colony less expeditious in surrendering to General

French. In all 21,226 burghers and colonial rebels, of whom

11,166 were in the Transvaal, 6,455 in the Orange River

Colony, and 3,635 in the Cape, laid down their arms. Lord

Kitchener's last words (despatches of June 21st and 23rd),

addressed respectively to the Colonial Governments and the

Secretary of State for War, are noticeable and characteristic

utterances. His message to the former was:

"I find it difficult in the short space at my disposal

to acknowledge the deep obligation of the Army in South

Africa to the Governments of Australia, New Zealand,

Canada, Cape Colony, and Natal. I will only say here

that no request of mine was ever refused by any of these

Governments, and that their consideration and generosity

were only equalled by the character and quality of the

troops they sent to South Africa, or raised in that

country."

And of the troops, which under his command had successfully

accomplished a military task of unparalleled difficulty, he

wrote:

"The protracted struggle which has for so long caused

suffering to South Africa has at length terminated, and

I should fail to do justice to my own feelings if at

this moment I neglected to bear testimony to the

patience, tenacity, and heroism which has been displayed

by all ranks of His Majesty's forces, Imperial and

Colonial, during the whole course of the war. Nothing

but the qualities of bravery and endurance in our troops

could have overcome the difficulties of this campaign,

or have finally enabled the empire to reap the fruits of

all its sacrifices."]

[Sidenote: Admissions of the Boer leaders.]

The words used by the Boer leaders in the course of the debates at

Vereeniging afford culminating and conclusive evidence of the

hollowness of the two allegations upon which both the Boer

sympathisers in England and the hostile critics of the British people

abroad, based their denunciations of the policy and conduct of the war

in South Africa. The war was unnecessary; it was a war of aggression

forced upon the Boers by the British Government, said the enemies of

England, and those Englishmen who, like Sir Henry Campbell-Bannerman,

wrote and spoke as though they belonged to the enemy. Very different

is the account of the origin of the war, which Acting President

Schalk-Burger gave to the remnant of his fellow countrymen in this day

of truth-telling.

"Undoubtedly we began this war strong in the faith of God," he

said; "but there were also one or two other things to rely upon.

We had considerable confidence in our own weapons; we

under-estimated the enemy; the fighting spirit had seized upon

our people; and the thought of victory had banished that of the

possibility of defeat."

And Mr. J. L. Meyer, a member of the Government of the Republic, and

one of the few progressive Boers whose judgment had not been clouded

by the fever of war passion, said: "In the past I was against the war;

I wished that the five years' franchise should be granted;" and this

"although the people had opposed" the measure. And Mr. Advocate Smuts,

State-Attorney to the late South African Republic, and then a general

of the Boer forces in the field, said: "I am one of those who, as

members of the Government of the South African Republic, provoked the

war with England." This is evidence which we may believe, since in

the circumstances in which these men met the Father of Lies himself

would have found no occasion for departing from the truth.

[Sidenote: The Burgher camps.]

No less conclusive is the admission, made with perfect frankness now

that shifts and deceits and calumnies were no longer of any use, that

the Boers, whatever they said, had proved by their acts that they

regarded the burgher camps as havens of refuge, not "methods of

barbarism"; and that it was Lord Kitchener's refusal to admit any more

Boer non-combatants to the shelter of the British lines that brought

the guerilla leaders to Pretoria to sue for peace. On May 29th General

de Wet, in a last effort to induce the burghers to prolong the war,

said:

"I am asked what I mean to do with the women and children. That

is a very difficult question to answer. We must have faith. I

think also we might meet the emergency in this way--a part of the

men should be told off to lay down their arms for the sake of the

women, and then they could take the women with them to the

English in the towns."

But Commandant-General Louis Botha doubted the possibility of any

longer carrying this plan into effect.

"When the war began," he said, on May 30th, "we had plenty of

provisions, and a commando could remain for weeks in one spot

without the local food running out. Our families, too, were then

well provided for. But all this is now changed. One is only too

thankful nowadays to know that our wives are under English

protection. This question of our woman-folk is one of our

greatest difficulties. What are we to do with them? One man

answers that some of the burghers should surrender themselves to

the English, and take the women with them. But most of the women

now amongst us are the wives of men already prisoners. And how

can we expect those not their own kith and kin to be willing to

give up liberty for their sakes?"

And at the earlier meeting (May 16th) he said:

"If this meeting decides upon war, it will have to make provision

for our wives and children, who will then be exposed to every

kind of danger. Throughout this war the presence of the women has

caused me anxiety and much distress. At first I managed to get

them into the townships, but later on this became impossible,

because the English refused to receive them. I then conceived the

idea of getting a few of our burghers to surrender, and sending

the women in with them. But this plan was not practicable,

because most of the families were those of prisoners of war, and

the men still on commando were not so closely related to these

families as to be willing to sacrifice their freedom for them."

Equally illuminating is the testimony which General Botha bore to the

efficiency of Lord Kitchener's system of blockhouses and protected

areas.

[Sidenote: The blockhouse system.]

"A year ago," he said on May 16th, "there were no blockhouses. We

could cross and recross the country as we wished, and harass the

enemy at every turn. But now things wear a very different

aspect. We can pass the blockhouses by night indeed, but never by

day. They are likely to prove the ruin of our commandos."

And again--

"There is a natural reason, a military reason, why [we have

managed to hold out so long]. The fact that our commandos have

been spread over so large a tract of country has compelled the

British, up to the present time, to divide their forces. But

things have changed now; we have had to abandon district after

district, and must now operate on a far more limited territory.

In other words, the British Army can at last concentrate its

forces upon us."

To this may be added his admission (May 30th) of the impossibility of

again attempting to raise a revolt in the Cape Colony.

"Commander-in-Chief de Wet ... had a large force, and the season

of the year was auspicious for his attempt, and yet he failed.

How then shall we succeed in winter, and with horses so weak that

they can only go _op-een-stap_?"[344]

[Footnote 344: An onomatopoeic expression for the step of a

tired horse.]

Elsewhere the minutes of the burgher meetings afford even more direct

evidence of the fact that it was the desperate condition of the Boers,

and not any desire to make friends with a generous opponent, that led

them to surrender. "To continue the war," says General Botha on May

30th, "must result, in the end, in our extermination."... The terms of

the English Government "may not be very advantageous to us, but

nevertheless they rescue us from an almost impossible position." And

Acting-President Schalk-Burger: "I have no great opinion of the

document which lies before us: to me it holds out no inducement to

stop the war. If I feel compelled to treat for peace" ... it is

because "by holding out I should dig the nation's grave.... Fell a

tree, and it will sprout again; uproot it and there is an end of it.

What has the nation done to deserve extinction?" De Wet himself and

the majority of the Free State representatives advocated the

continuation of the war at the Vereeniging meetings. But in the brief

description of the final meeting which he gives in his book,[345] he

writes:

[Footnote 345: _The Three Years' War._]

"There were sixty of us there, and each in turn must answer Yes

or No. It was an ultimatum--this proposal of England. What were

we to do? To continue the struggle meant extermination."

[Sidenote: Boer claim to independence.]

Even more significant than these admissions is the spirit in which the

question of submission is discussed. There is no recognition of the

moral obliquity of the Boer oligarchy, or of the generosity of the

British terms. Physical compulsion is the sole argument to which their

minds are open. At the very moment when the sixty representatives

agreed to accept the British terms, and thereby to acknowledge the

sovereignty of the British Crown, they passed a resolution affirming

their "well-founded" claim to "independence." History may well ask,

On what was this claim based? Judged by the ethical standard,[346] the

Boers had shown themselves utterly unworthy of the administrative

autonomy conferred upon them by Great Britain. Judged by the laws of

war,[347] they had been saved from the alternatives of physical

annihilation or abject submission by the almost quixotic generosity of

the enemy who fed and housed their non-combatant population. From a

constitutional point of view, the presence of Article IV.[348] in the

London Convention was in itself sufficient to refute the claim of the

republic to be a "sovereign international state."

[Footnote 346: [The Transvaal Government]--"or rather the

President and his advisers--committed the fatal mistake of

trying to maintain a government which was at the same time

undemocratic and incompetent.... An exclusive government may

be pardoned if it is efficient; an inefficient government, if

it rests upon the people. But a government which is both

inefficient and exclusive incurs a weight of odium under

which it must ultimately sink; and this was the kind of

government which the Transvaal attempted to maintain. They

ought, therefore, to have either extended their franchise or

reformed their administration" (Bryce, _Impressions of South

Africa_, 2nd Ed., 1900). Mr. Bryce is not likely to have been

unduly severe. "The political sin of the Transvaal against

the Uitlander, therefore, was no mere matter of detail--of

less or more--but was fundamental in its denial of elementary

political right." And again: In the Transvaal "an armed

minority holds the power, compels the majority to pay the

taxes, denies it representation, and misgoverns it with the

money extorted" (Captain Mahan, _The Merits of the Transvaal

Dispute_, 1900 [included in _The Problem of Asia_]). To

these, perhaps, I may be permitted to add the following words

spoken by myself in 1894--more than a year before the

Raid--and published in 1895 (_South Africa: a Study,

etc._):--"The Boer has still to justify his possession of

these ample pastures, these rich and fertile valleys, and

these stores of gold and of coal. If he can enlarge his mind,

if he can reform existing abuses, if he can expand an archaic

system of government and render it sufficiently elastic to

meet the requirements of an enlarged population and important

and increasing industries--well and good. If not, let the

Boer beware; for he will place himself in conflict with the

intelligence and the progress of South Africa. _Then_ the

Boer system will be condemned by a higher authority than the

Colonial Office or the opinion of England; and from the high

court of Nature--a court from which no appeal lies--the

inexorable decree will go forth: 'Cut it down; why cumbereth

it the ground?'"]

[Footnote 347: See admissions of the Boer Generals quoted

_supra_.]

[Footnote 348: "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." Captain Mahan writes: "In refusing

the Transvaal that independence in foreign relations which

would enable other states to hold it directly accountable,

Great Britain retained, in so far, responsibility that

foreigners should be so treated as to give no just cause for

reclamations.... Great Britain, by retaining the ultimate

control of foreign relations, and by her well-defined purpose

not to permit interference in the Transvaal by a foreign

Power, was responsible for conditions of wrong to foreign

citizens within its borders. She had surrendered the right to

interfere, as suzerain, with internal affairs; but she had

not relieved herself, as by a grant of full independence and

sovereignty she might have done, from responsibility for

injury due to internal maladministration, any more than the

United States was relieved of the responsibility to Italy [in

the case of the Italian citizens lynched at New Orleans] by

the state sovereignty of Louisiana" (_Ibid._). And, says the

same writer, _a fortiori_ was Great Britain justified in

interfering on behalf of her own subjects.]

[Sidenote: Effect of surrender terms.]

Obviously the quality of mercy was strained to the point of danger by

the grant of terms to such a people. It will always remain a question

whether it would not have been better policy, instead of negotiating

at all, to wait for that unconditional surrender of the Boers which,

as the discussion at Vereeniging clearly shows, could only have been

deferred for a very few months. But, granting that the course actually

pursued was the right one, little fault can be found with the terms

actually agreed to. No doubt they were generous, but they gave the

British Government practically a free hand to shape the settlement of

the country, and left it to them to decide at what time, and by what

stages, to establish self-government in the new colonies. The two

respects in which the Vereeniging terms seemed at first sight

dangerously lenient were the undertaking to allow the Boers to possess

rifles for their protection and the recognition of the Dutch language

in the law courts and public schools. Yet both of these concessions

are justified by considerations of practical convenience and sound

policy. In respect of the first it must be remembered that in certain

districts of the Transvaal the population is composed of a very small

number of Europeans, almost exclusively Boers, living in isolated

homesteads, together with a native population many times as numerous

and still under the immediate authority of its tribal chiefs. The

refusal to allow the Boers thus circumstanced to provide themselves

with the only weapons sufficient to protect them against occasional

Kafir outrages and depredations would have thrown a heavy

responsibility upon the new administration, or involved it in an

altogether disproportionate expenditure on European and native police.

At the same time, in view of the smallness of the Boer population in

such districts, the necessity for obtaining a licence (required under

the clause in question) provided the Government with an efficient

remedy against incipient disaffection. For under the licence system--a

system generally adopted as a check upon the acquisition of arms by

the natives in South Africa--the number of rifles possessed by the

Boers in any particular district would be known to the Government;

while, at the same time, the power to refuse or withdraw the privilege

of possessing a rifle from any person believed to be disaffected to

British rule would form an additional safeguard.

In respect of the second concession, there could be no question, of

course, as to the desirability of hastening the general adoption of

English as the common language of the Europeans of both races in South

Africa. But any attempt to proscribe the Dutch language would have

resulted in creating an obstinate desire to preserve it on the part of

the Boers, coupled with a sense of injury; and would, therefore, have

retarded rather than advanced the object in view. In these

circumstances the decision to rely mainly upon the natural inclination

of the more enlightened Boers to secure for their children the

material advantages which a knowledge of English would bring them, was

the right one. And the policy which this clause allowed the new

administration to pursue may be described as that of a modified "free

trade in language"--that is to say, free trade up to, but not beyond,

the point at which the toleration of Dutch would not impede the

convenient and efficient discharge of the ordinary business of

administration. It is doubtful, however, whether either of these

concessions were justifiable except on the assumption that full

self-government would not be granted to either of the new colonies

until a British or loyalist majority was assured.

[Sidenote: Free initiative secured.]

But, whatever the ultimate result of the Terms of Vereeniging, their

immediate effect was to leave the High Commissioner with complete

freedom of initiative, but with a no less complete responsibility for

the complex and difficult task of economic and administrative

reconstruction which now awaited him. How this task--at once more

congenial and more especially his own--was discharged is a matter that

must be left for a second volume. In the meantime the conclusion of

the Surrender Agreement is no unfitting stage at which to bring the

review of the first period of Lord Milner's administration to a close.

INDEX

"Acting Chief-Commandant" of the Orange Free State, The, his report

of De Wet's success in Cape Colony, 431, 432.

Administrative reconstruction, 397, 458, 489, 523 _et seq._

Africa. _See_ South Africa.

Afrikander Bond, The, 46;

programme of, 50 _et seq._;

its sphere of action, 55;

its power in Cape Colony, 55;

its origin, 56;

its purpose, 56 to 58, 106;

its first congress, 59;

its "programme of principles," 59;

its change of policy, 60;

members returned to it by the Cape Parliament, 60, 483;

meets at Bloemfontein, 63;

adopts the Hofmeyr programme, 64;

its manner of reuniting European communities in S. Africa, 65;

its first openly avowed aim, 66;

falls back on the policy of 1881, 69;

its influence in the Cape Legislature, 70, 93, 121, 122, 141;

its attempts to obstruct the business of the Cape Parliament, 94, 95;

the parliamentary chief and the real leader of, 97;

Lord Milner's remonstrance to the Dutch of Cape Colony, 84, 91, 92, 98;

the sum and substance of its policy, 106, 107, 119;

address to Lord Milner from the Graaf Reinet branch, 108;

Lord Milner's reply, 109 to 113;

Sir Gordon Sprigg's defiance of, 116;

the funds of, 118;

its domination, 150;

nature of its "mediation" with Pres. Krueger, 162, 169, 195, 274, 276;

demonstrations organised by, 215;

the completeness with which it had undermined British power, 223;

its view of the Salisbury Cabinet, 274;

its activity, 348;

its attitude at the end of January, 1900, 373;

annual congress at Somerset East, 374;

its policy after the occupation of the Republics, 429;

its attitude in February, 1901, 430;

the qualities of its leaders, 435;

its leaders decline to associate themselves with the efforts of the

Burgher Peace Committee, 474;

its identification with the Boer invaders, 475;

the character of the men it sent to Parliament, 483.

"Afrikanderdom," the doctrine of, 197.

Afrikander nationalists, The, 48 (note), 267;

the creed of, 48 _et seq._, 119;

their plan of a united S. Africa, 70;

Mr. Chamberlain's hope of winning their support, 73;

strength of their forces, 74, 96, 104;

their bitterness against Lord Milner, 80;

uneasiness of, 113;

dominate S. Africa, 126;

their motives with regard to the Bloemfontein Conference, 157;

their direct appeal to the Queen, 294;

unmasked, 300;

their speech and action during the war, 343;

they co-operate with the two Republics with a view to pressing their

"peace overtures" on the British Government, 360, 361;

their "conciliation" meetings, 361, 382;

renewal of their alliance with the Liberal Opposition, 369;

their objects, 382, 383;

their opposition to the Treason Bill, 395;

their references to Boer successes, 396;

they slander the British troops, 398;

their hatred of England, 429;

assistance rendered by them to the guerilla leaders, 478;

their commission to Messrs. Merriman and Sauer, 495.

"Afrikander party" The, the friends of in England, 375, 379.

Agricultural Department, The, formation of in Orange River Colony, 525.

Agriculture, The development of in new colonies, 536.

"Albany" settlers, The, 15, 271.

Albert, 346.

_Albert Times, The_, 120.

Aliens Expulsion and Immigration Laws, The, Mr. Chamberlain's demand for

the repeal of, 81;

repeal and amendment of, 82, 88, 94.

Aliwal North, 346, 411, 455.

Amershof, Mr. Justice, 103.

Amery, Mr., 291, 300.

Amphitheatre Meeting, The, 131.

Anti-British Press, The, 68, 166, 205 to 207, 225, 272, 349, 374, 380,

391, 403, 409, 477.

Ardagh, Sir John, 319 (note).

Arms, The surrender of, 573;

the possession of, 581.

Army Corps, The, the order to mobilise, 244, 317, 318;

arrival of, 305, 321, 331.

Arnold-Forster, H. O., 516.

Asquith, H. H., his appreciation of Lord Milner, 77, 92, 99;

his utterances, 416.

Attorney-General, The (Cape), notice issued by as to acts of treason,

480.

Baden-Powell, Colonel, afterwards General, 191 (note), 329 (note), 397,

530.

Balfour, A. J., 203 (note), 228, 302, 307.

_Balfourian Parliament, The_, 319 (note).

Balliol Scholars, 76 (note).

Bantu, The, 11, 12, 25.

Barberton, 452.

Barkly East, 346.

Barkly, Sir Henry, 275.

Bastards, The, 281.

Basuto incident, The, 496 (note).

Basutoland, 83;

British authorities in, warned by Lord Milner, 298;

construction of the railway to from Bloemfontein, 532 (note).

Beaconsfield, Lord, 24.

Bechuanaland Expedition, The, 350 (note).

Bechuanaland, 83;

the administration of the European population of, 35;

the Transvaal's attempt to secure, 64, 74, 93;

the Dutch community in, 346.

Bechuanas, the employment of as indentured labourers, 117.

Beechranger Hottentots, The, 2, 4.

Belgrave, Lord (now Duke of Westminster), 167.

Berry, Dr. (now Sir) Wm., 124 (note).

Bethulie Bridge, 411, 455;

alleged movement of British troops to, 236.

Bezuidenhout, the Boer, 11.

Blignaut, J. N., letter from, 258.

Blockhouse system, The, area inclosed by, 458;

effect produced by, 456, 457;

efficiency of, 576;

extension of, 455;

its help to the railways, 533.

Bloemfontein, Meeting of the Afrikander Bond at, 63;

opening of the railway at, 67;

seizure of correspondence at, 156, 162, 206, 376;

the occupation of, 328, 363, 384;

visit of Lord Milner to, 397;

the effective occupation of the district round, 453;

discussion at of the question of peace between Lords Milner and

Kitchener, 471;

civil administration in, 524;

construction of the railway to Basutoland, 532 (note).

Bloemfontein Conference, The, 268;

proposed, 140;

agreed to by President Krueger, 153;

negotiations leading up to, 151 to 165;

meeting of, 167, 168;

the discussion at a closing of, 168, 172;

the result of, 172;

the four months which followed, 174.

Bloemfontein Convention, The, 17, 87 (note);

Sir G. Grey's criticism of, 19.

_Bloemfontein Express, The_, 50, 54, 63, 67.

Blood, Sir Bindon, 425.

Bodley, J. E. C., statement by, 76 (note).

Boer Administration, The, depraved character of, 212.

Boer Army, The, 336, 337, 340 (note).

Boer aspirations, The, 302.

Boer children, Teaching of during the war, 519 to 523.

Boer Peace commissioners, The, their tortuous diplomacy, 526;

the "Terms of Surrender" communicated to them, 563;

their departure from Pretoria, 569.

Boer deputation in Europe, The, 555.

Boer emigrants, The, 19.

Boer leaders, The, their decision to continue the struggle, 414, 417,

418, 424 _et seq._;

their disingenuousness, 557;

penalties to which they were liable, 564;

they treat for peace, 552, 555 _et seq._

Boer raiders, The, 438.

Boer revolt of 1880-81, The, 31.

Boer Republics, The (_see also_ Orange Free State and Transvaal),

creation of, 17, 19;

scheme for their union with the British colonies, 24.

Boer spies, 337.

Boer, vernacular, The, 547.

Boers, The, the (3rd) Duke of Portland's despatch relating to their

treatment, 9;

their dealings with the natives, 11;

the grant of self-government to, 29;

their resistance to British arms 48;

their bitterness against Lord Milner, 80;

their military forces, 181, 340 (note),

without uniform, 336;

personal dealings with, 194, 195;

their friends in England, 232, 414, 424, 573;

breaches of faith by, 399;

their losses up to November, 1901, 458;

final surrender of, 573 (note).

Bond, The. _See_ Afrikander Bond.

Bond Press, The, 209.

Booy the Hottentot, 11.

Borckenhagen the German, 49, 50, 66.

Botha, Louis, 564;

dispersal of his army, 322;

defeat of at Diamond Hill, 329;

defeat of at Dalmanutha, 329;

in Johannesburg, 337;

urges his fellow-burghers to lay down their arms, 414, 424;

his determination to fight on, 421;

circular issued by him, 425 (note);

his responsibility for the suffering of the Boers during the guerilla

war, 427;

failure of the negotiations with Lord Kitchener, 434;

stimulates his followers, 457;

treats for peace, 471, 552, 554;

meets Lords Milner and Kitchener at Pretoria, 552, 556;

letter to him from Mr. Chamberlain as to the re-opening of the

discussion after the surrender of Vereeniging, 562;

advocates submission, 571, 577;

Lord Kitchener's appreciation of his tact and energy after signing the

treaty of peace, 573 (note);

his views on the position of the Boer women and children during the

later stages of the war, 575;

his testimony to the efficiency of Lord Kitchener's blockhouse system,

576;

his admission as to the impossibility of again raising a revolt in Cape

Colony, 577.

"Botha" terms, The, 471, 554.

Bower, Sir Graham, 41.

Brand, President, 28, 275;

discourages the Afrikander Bond, 55;

the role played by him in 1881, 153.

Brebner J., 564.

Breed's Nek, 455.

British Administration, the failure of in S. Africa, 1, 22;

distrust of by the British in S. Africa, 37;

the Bond and, 65;

its impotency, 69;

efficiency of impaired by English party politics, 254.

British and Dutch factions, The, bitterness of, 244.

British Army, The, in Cape Colony and Natal, 189, 325;

disadvantage in which it was placed, 253;

its performance in S. Africa, 323;

the number of effectives available, 323;

its difficulties, 330 _et seq._;

the slander of, 398, 499.

British colonists, the settlement of on the land, 538.

British Government, representatives of at the Cape, 7;

its treatment of the natives and Dutch in S. Africa, 8.

British Navy, The, the offer of an annual contribution to the cost of,

95;

holds the seas, 311.

British party, A, the creation of, 150.

British policy in S. Africa, 9 _et seq._;

up to 1897, 69.

British population in Cape Colony, The, 107, 115, 127;

effect of the Redistribution Bill on, 125;

their approval of Lord Milner's policy, 216;

their dismay at the Imperial Government's reception of the seven years'

franchise law, 222;

their support of Lord Milner, 270;

numbers which took part in the war, 324.

British settlers in the country, 61.

Britstown, 354.

_Brunt of The War, The_, 462 (note).

Bryce, James, The Rt. Hon. M.P., attitude and public utterances of, 259,

314, 360, 415, 496;

misstatement by, 263;

the "settlement" advocated by him, 370;

his view of the Transvaal Government, 579 (note).

Buller, General Sir Redvers, 191;

defeat of, 306;

his responsibility for the early disasters, 318, 319;

his misconception of the state of affairs, 319, 320;

at Maritzburg, 321;

forces at his disposal, 321;

false report of surrender to the Boers, 380.

Bundy, Thomas Dashwood, 212 (note).

Bunu, the affair of, 89 (note).

Burger, Schalk, 89, 101, 159, 564;

denounced by Krueger, 100;

attends the Bloemfontein Conference, 168;

his determination to fight on, 421;

his responsibility for the sufferings of the Boers in the guerilla war,

427;

his official notice of June 20th, 1901, 434;

his complaint against the system of the Burgher Camps, 463 (note);

announces to Lord Kitchener that he is prepared to treat for peace,

552;

granted a safe-conduct through the British lines to consult Mr. Steyn,

552;

meets Lords Milner and Kitchener at Pretoria, 552;

appointed a peace commissioner, 556;

calls upon the meeting to decide upon continuing the war or not, 570;

his account of the origin of the war, 574;

his reasons for treating for peace, 578.

Burgher Camps, deportation of Boer non-combatants to, 459;

high rate of mortality in, 460 to 463;

Lord Kitchener's reply to the official Boer complaint against the

camps, 463 (note);

condition of, 503, 505, 513;

establishment of schools in, 519 to 523;

views of the Boers on, 575.

Burgher meetings, The, the minutes of, 560 _et seq._

Burgher Peace Committee, The, 412, 422, 423;

its efforts, 427, 429;

treatment of its agents, 427 to 429;

Bond leaders hold aloof from, 474.

Burghersdorp, The theological seminary of, 120.

Burns, John, 315, 496.

Burt, Thomas, 498 (note).

Butler, General Sir William, refuses to transmit a petition for

protection from the British residents in the Transvaal, 131, 176;

his sympathy with the views of Messrs. Merriman and Sauer, 174, 184;

his views of a war, 174, 175, 179;

his view of the Uitlander grievances, 175;

the friction between him and Lord Milner, 175, 176;

his view of the attitude of the British inhabitants of S. Africa, 177;

his action during the crisis immediately preceding the outbreak of war,

180;

requested to furnish a scheme of defence, 180, 181;

his scheme, 181 to 183;

his evidence before the War Commission, 175 (note), 181 to 183;

his failure to endorse Lord Milner's request for immediate

reinforcements, 183, 319;

his withdrawal from the command at the Cape, 184, 247, 269, 289;

his only point of agreement with Lord Milner, 185;

his estimate of the military strength of the burgher forces, 185;

is informed of the Cabinet's decision as to reinforcements, 190.

Lord Milner's Work in South Africa From its Commencement in 1897 to the Peace of Vereeniging in 1902 · 第 12 / 13 章