presence on the border, and of his intention, by written arrangement
with us, to assist us in case of extremity.
"With the full knowledge of this arrangement, with the knowledge
that we were in arms and agitating for our rights, the Government
Commission handed to us a resolution by the Executive Council, of
which the following is the purport:--
"'The High Commissioner has offered his services with a view to a
peaceful settlement. The Government of the South African Republic
has accepted his offer. Pending his arrival, no hostile step will be
taken against Johannesburg, provided Johannesburg takes no hostile
action against the Government. In terms of a certain proclamation
recently issued by the President, the grievances will be earnestly
considered.'
"We acted in perfect good faith with the Government, believing it to
be their desire, as it was ours, to avert bloodshed, and believing
it to be their intention to give us the redress which was implied in
the 'earnest consideration of grievances.'
"There can be no better evidence of our earnest endeavour to repair
what we regarded as a mistake on the part of Dr. Jameson than the
following offer which our deputation, authorised by resolution of
the Committee, laid before the Government Commission:--
"'If the Government will permit Dr. Jameson to come into
Johannesburg unmolested the Committee will guarantee, with their
persons if necessary, that he will leave again peacefully as soon as
possible.'
"We faithfully carried out the agreement that we should commit no
act of hostility against the Government; we ceased all active
operations for the defence of the town against any attack, and we
did everything in our power to prevent any collision with the
burghers, an attempt in which our efforts were happily successful.
"On the telegraphic advice of the result of the interview of the
deputation with the Government Commission, we despatched Mr. Lace, a
member of our Committee, as an escort to the courier carrying the
High Commissioner's despatch to Dr. Jameson, in order to assure
ourselves that the despatch would reach its destination.
"On the following Saturday, January 4, the High Commissioner arrived
at Pretoria. On Monday, the 6th, the following telegram was sent to
us:--
_From_ H.M.'S AGENT _to_ REFORM COMMITTEE, Johannesburg.
"'PRETORIA, _January 6, 1896_.
"'_January 6._--I am directed to inform you that the High
Commissioner met the President, the Executive, and the Judges
to-day. The President announced the decision of the Government to be
that Johannesburg must lay down its arms unconditionally as a
(condition) precedent to a discussion and consideration of
grievances. The High Commissioner endeavoured to obtain some
indication of the steps which would be taken in the event of
disarmament, but without success, it being intimated that the
Government had nothing more to say on the subject than had already
been embodied in the President's proclamation. The High Commissioner
inquired whether any decision had been come to as regards the
disposal of the prisoners, and received a reply in the negative.
The President said that as his burghers, to the number of 8000, had
been collected and could not be asked to remain indefinitely, he
must request a reply, "Yes" or "No," to this ultimatum within
twenty-four hours.'
"On the following day, Sir Jacobus de Wet, her Majesty's Agent, met
us in committee, and handed to us the following wire from his
Excellency the High Commissioner:--
HIGH COMMISSIONER, Pretoria, _to_ Sir J. DE WET, Johannesburg.
(Received Johannesburg 7.30 A.M., _Jan. 7, 1896_.)
"'Urgent. You should inform the Johannesburg people that I consider,
that if they lay down their arms, they will be acting loyally and
honourably, and that if they do not comply with my request, they
forfeit all claim to sympathy from her Majesty's Government, and
from British subjects throughout the world, as the lives of Jameson
and prisoners are practically in their hands.'
"On this, and the assurance given in the Executive Council
resolution, we laid down our arms on January 6th, 7th and 8th; on
the 9th we were arrested, and have since been under arrest at
Pretoria, a period of three and a half months.
"We admit responsibility for the action taken by us. We frankly
avowed it at the time of the negotiations with the Government, when
we were informed that the services of the High Commissioner had been
accepted with a view to a peaceful settlement.
"We submit that we kept faith in every detail in the arrangement
with the Government; that we did all that was humanly possible to
protect both the State and Dr. Jameson from the consequences of his
action; that we have committed no breach of the law which was not
known to the Government at the time that the earnest consideration
of our grievances was promised.
"We can only now lay the bare facts before the Court, and submit to
the judgment that may be passed upon us.
(Signed) LIONEL PHILLIPS.
FRANCIS RHODES.
GEORGE FARRAR.
"PRETORIA, _April 24, 1896_."
"I entirely concur with the above statement.
(Signed) JOHN HAYS HAMMOND.
"PRETORIA, _April 27, 1896_."
AFTER DOORNKOP
The account given by Sir John Willoughby serves to explain the
doings of the Jameson troops. We all know how the raiders were
surrounded by the Boers, who had ample time to lay an excellent trap
for them, and how, after a plucky charge, they were forced to
surrender. Before surrendering, however, Dr. Jameson obtained from
Commandant Cronje, of Potchefstroom notoriety, a guarantee that the
lives of the force would be spared.
During this exciting period, when the failure of Jameson became
known, the consternation that prevailed in Johannesburg was
terrible. Panic-stricken women and children fled to the railway
stations, and the Cornish miners scrambled with them for places in
the departing trains. In the heat of January the poor refugees
started off provisionless, leaving all their worldly goods behind
them, their one care to be far away from the horrors that might take
place in a besieged town. In the train they were packed like
herrings in carriages or in cattle trucks, that would barely
accommodate them.
In addition to these miseries an awful accident took place on the
Natal line, when a train loaded with refugees ran off the rails.
Thirty-eight women and children were killed.
In Johannesburg the Reformers had a harassing time. Their offices
were besieged by people clamouring for arms. They had no rest night
nor day, and their anxiety for the safety of Jameson and his party
was intense. For themselves they were unconcerned, believing that
their share in the matter was unknown, and that the Government was
without a particle of evidence against them. And here we find that
another blunder was made. Major Robert White, one of the raiders,
had brought with him a despatch-box containing the key to a cypher,
which had been used during the whole of the negotiations, and with
it the names of the principal persons engaged in the conspiracy. Of
course, this fell into the hands of the enemy, who were not slow to
take advantage of their good luck.
[Illustration: COLOUR-SERGEANT and PRIVATE (in KHAKI), GLOUCESTER
REGIMENT.
Photo by Gregory & Co., London.]
On the evening of Jameson's surrender (Thursday), Sir Hercules
Robinson (Lord Rosmead), left the Cape for the scene of the
disturbance. The train he travelled by met with an accident; he was
infirm--his nerves were shaken. The President refused to be
interviewed on the Sabbath, and the result of his journey was a
single meeting with Mr. Kruger, but the British Resident, Sir
Jacobus de Wet, and Sir Sidney Shippard, were deputed to address and
pacify the perturbed multitude in Johannesburg. The Uitlanders,
they promised, should get their just rights--that her Majesty's
Government would ensure--but they must first give up their arms: the
fate of Jameson depended on it! The Reform leaders at this time knew
nothing of the terms of the surrender, and the guarantee given by
Commandant Cronje, or, perhaps, they knew too well what Cronje's
guarantees were likely to be worth; and much against their better
judgment, believing that their rights would be secured and the
safety of Jameson effected, they eventually consented to
disarmament.
As we know, the conspirators had been short of arms--they had about
2500 guns in all. When these were given up the Boers were
dissatisfied. They had reason to believe that some 20,000 guns were
to be supplied as part of the scheme, and suspected that the
Reformers were concealing the existence of many weapons. The word of
honour of the leaders produced no effect, and energetic search
through floors and in the mines was carried on for some months
afterwards.
Of course, this disarmament immediately threw the Reformers into the
clutches of the Pretoria Government. The authorities made haste to
issue warrants for the arrest of sixty-four of the most prominent
men of the movement; this in spite of the assurance made to the
British agent that "not a hair of their heads should be touched"!
Mrs. Phillips has reason to speak very bitterly of the mismanagement
of the High Commissioner on this occasion. Having done his gruesome
work, she says, "he returned to Cape Town, leaving Johannesburg
absolutely at the mercy of the Boers. He actually effected the
disarmament of this large town without making one single condition
for its safety, and from that day the most signal acts of tyranny
and injustice were committed over and over again by the Boer
Oligarchy, and there was no one to say them nay. This was a critical
event for English supremacy in South Africa, this final act of
supreme weakness and folly! Many of her most loyal subjects from
that moment have wavered on the brink, and some have gone over to
the side of the Africander Bond. It is such actions as these which
estrange the Colonists, and which give a little reality to the
bondsman's dream of a United South Africa under a Republican flag."
For the benefit of those who may not be acquainted with the
negotiations which brought about this unfortunate disarmament, it
may be as well to repeat some of the correspondence that passed
between Sir Hercules Robinson and Mr. Chamberlain at this critical
period.
Sir HERCULES ROBINSON, Pretoria, _to_ Mr. CHAMBERLAIN.
(Telegraphic. Received 1.8 A.M., _6th January 1896_.)
"5th January, No. 3. Arrived here last night. Position of affairs
very critical. On side of Government of South African Republic and
of Orange Free State there is a desire to show moderation, but Boers
show tendency to get out of hand and to demand execution of Jameson.
I am told that Government of South African Republic will demand
disarmament of Johannesburg as a condition precedent to
negotiations. Their military preparations are now practically
complete, and Johannesburg, if besieged, could not hold out, as they
are short of water and coal. On side of Johannesburg leaders desire
to be moderate, but men make safety of Jameson and concession of
items in manifesto issued conditions precedent to disarmament. If
these are refused, they assert they will elect their own leaders and
fight it out in their own way. As the matter now stands, I see great
difficulty in avoiding civil war, but I will do my best, and
telegraph result of my official interview to-morrow. It is said that
President of South African Republic intends to make some demands
with respect to Article No. 4 of the London Convention of 1884."
Mr. CHAMBERLAIN _to_ Sir HERCULES ROBINSON.
(Telegraphic. _6th January 1896._)
"6th January. No. 3. It is reported in the press telegrams the
President of the South African Republic on December 30 held out
definite hopes that concessions would be proposed in regard to
education and the franchise. No overt act of hostility appears to
have been committed by the Johannesburg people since the overthrow
of Jameson. The statement that arms and ammunition are stored in
that town in large quantities may be only one of many boasts without
foundation. Under these circumstances, active measures against the
town do not seem to be urgently required at the present moment, and
I hope no step will be taken by the President of the South African
Republic liable to cause more bloodshed and excite civil war in the
Republic."
These are followed by further correspondence.
Sir HERCULES ROBINSON, Pretoria, _to_ Mr. CHAMBERLAIN.
(Telegraphic. Received _7th January 1896_.)
"6th January. No. 2. Met President South African Republic and Executive
Council to-day. Before opening proceedings, I expressed on behalf of
her Majesty's Government my sincere regret at the unwarrantable raid
made by Jameson; also thanked Government of South African Republic for
the moderation shown under trying circumstances. With regard to
Johannesburg, President of South African Republic announced decision of
Government to be that Johannesburg must lay down its arms
unconditionally as a precedent to any discussion and consideration of
grievances. I endeavoured to obtain some indication of the steps that
would be taken in the event of disarmament, but without success, it
being intimated that Government of South African Republic had nothing
more to say on this subject than had been already embodied in
proclamation of President of South African Republic. I inquired as to
whether any decision had been come to as regards disposal of prisoners,
and received a reply in the negative. President of South African
Republic said that as his burghers, to number of 8000, had been
collected and could not be asked to remain indefinitely, he must request
a reply, 'Yes' or 'No,' to this ultimatum within twenty-four hours. I
have communicated decision of South African Republic to Reform Committee
at Johannesburg through British Agent in South African Republic.
"The burgher levies are in such an excited state over the invasion
of their country, that I believe President of South African Republic
could not control them except in the event of unconditional
surrender. I have privately recommended them to accept ultimatum.
Proclamation of President of South African Republic refers to
promise to consider all grievances which are properly submitted, and
to lay the same before the Legislature without delay."
On January 7, Mr. Chamberlain replied:--
"No. 1. I approve of your advice to Johannesburg. Kruger will be
wise not to proceed to extremities at Johannesburg or elsewhere:
otherwise the evil animosities already aroused may be dangerously
excited."
And on the same day Sir Hercules Robinson telegraphed:--
"No. 1. Your telegram of January 6, No. 2. It would be most
inexpedient to send troops to Mafeking at this moment, and there is
not the slightest necessity for such a step, as there is no danger
from Kimberley Volunteer Corps or from Mafeking. I have sent De Wet
with ultimatum this morning to Johannesburg, and believe arms will
be laid down unconditionally. I understand in such case Jameson and
all prisoners will be handed over to me. Prospect now very hopeful
if no injudicious steps are taken. Please leave matter in my hands."
It is unnecessarily humiliating to dwell further on the astute
manner in which Mr. Kruger played with the British Government while
he kept Jameson and his party in durance vile, and in the agonies of
mental suspense--or to dilate upon the treacherous means he employed
to induce the Reformers and the town to lay down their arms. The
British Agent distinctly promised that "not one among you shall lose
his personal liberty for a single hour," and further declared "that
the British Government could not possibly allow such a thing."
Yet the British Government calmly looked on while the Reform leaders
were arrested and kept in Pretoria Gaol, at the mercy of a fiend in
human shape named Du Plessis, whose atrocious conduct and character
eventually caused him to be reported to the High Commissioner.
As an example of the way prisoners were treated, Mrs. Lionel
Phillips may again be quoted:--
"It is well known," she writes, "that one of Jameson's troopers on
the way down, falling ill, was taken prisoner by some Boers, and
kept at their farmhouse some days. He was tied up, and forced to
submit to all sorts of ill-treatment, being given dirty water to
drink, for instance, when half-dying of thirst. But his captor's
wife had compassion on him, and at the end of several days, to his
surprise, he was told that he was to be allowed to go free. The
Boers gave him his horse, mounted him, and informed him the one
condition they made was that he was to ride away as fast as he
could. He naturally obeyed, and as he galloped off had several
bullets put into him, poor fellow. That is a very favourite and
well-known method of Transvaal Boer assassination. It gives them the
pretext that a prisoner had been trying to escape."
Mrs. Phillips relates also the horrible experiences of her husband,
who was one of the Uitlanders conspicuous in the Reform movement.
"Lionel (her husband), George Farrar, Colonel Rhodes, and J. H.
Hammond were put into one cell, twelve feet square, without windows,
and were locked up there the first three nights for thirteen hours.
Then the prison doctor insisted on more space being allotted to
them, and the door, which communicated with a courtyard twenty feet
square, was left open at night. This was the space in which they
were permitted to take exercise. They were not allowed to associate
with their fellows at first. In January, in Pretoria, the heat is
intense, quite semi-tropical indeed, the temperature varying from 90
to 105 degrees in the shade. As the weather happened to be at its
hottest, the sufferings of these men were awful. The cells, hitherto
devoted to the use of Kaffirs, swarmed with vermin and smelt
horribly; while to increase their miseries, if that were possible,
one of their number was suffering from dysentery, and no
conveniences of any kind were supplied. With these facts in mind,
any attempt to describe what the prisoners underwent would be
superfluous. Add to all these hardships their mental sufferings, and
then judge of their state."
[Illustration: Rt. Hon. JOSEPH CHAMBERLAIN, M.P.,
Secretary for the Colonies.
Photo by Russell & Sons, London.]
Can anything be more pathetic than the description of the state of
these men given by the wife of one of them--men who had been driven
to hatred and revolt by an inefficient, exclusive, and unscrupulous
Government, which was endeavouring to reduce the subjects of a
suzerain power to the level--to the, to them, despicable level--of
the Kaffirs? Of the fate of these unhappy sufferers we have yet to
speak.
THE FATE OF RAIDERS AND REFORMERS
Dr. Jameson, as we all know, was sent with his comrades to England
to be dealt with by the laws of his country. He and his officers
were tried and convicted under the Foreign Enlistment Act. Much
sympathy was shown him by the vast British public, and little for
the Reformers, who, whatever their part in the affair, had to suffer
most. They endured mental torture, and bodily discomfort of all
kinds--discomfort so acute that it brought on some active illness,
and caused one to commit suicide. A Judge from the Orange Free
State--Judge Gregorowski--who took an unctious joy in the
proceedings, was imported to try them, and he revived or unearthed
an old Roman Dutch law of treason for the purpose of sentencing them
to death. This sentence was fortunately not carried out, but it
served to keep the Reformers and all connected with them in a state
of agonised suspense. Besides these sufferers from the effects of
the Raid, there were others. Mr. Rhodes is said to have exclaimed,
"I have been the friend of Jameson for twenty years and now he has
ruined me!" The statement was somewhat exaggerated, but there is no
doubt that Mr. Rhodes, besides having to resign the posts he
occupied, lost much of the sympathy of the Cape Dutch. The
Uitlanders, also, who had previously enjoyed this sympathy now
forfeited it, all the Dutch being inclined to quote the impulsive
act of Dr. Jameson as an example of British treachery, and to look
upon Mr. Kruger in the light of a hero. Indeed, many of the British,
who took merely an outsider's interest in the state of affairs,
laboured under the impression that Mr. Kruger was a simple-minded,
long-suffering, and magnanimous person. They did not trouble
themselves to go deeply into the incessant annoyances and
injustices that for many years had harried the lot of the Uitlanders
and caused them at last to lose patience and revolt against
oppression. Even now there are people who lean to the belief that
the coarse nut of Boer character may possess a sound kernel, people
who prefer to hug that belief rather than inform themselves by
reading what Mr. Rider Haggard, Mr. Fitzpatrick, and other
well-informed men have to say on the subject.
When all efforts to work upon Mr. Kruger failed, the wives of the
unhappy men applied to "Tante Sanne," as the President's wife is
called, and begged her intervention. She said, "Yes, I will do all I
can for you; I am very sorry for you all, although I know that none
of you thought of me that night when we heard Jameson had crossed
the border, and we were afraid the President would have to go out
and fight, and when they went and caught his white horse that he has
not ridden for eight years. But all the same I am sorry for you
all."
The wives of the Boers are very powerful, and it is possible that
Mrs. Kruger may have prevailed in some way over her husband, for at
last, after five weary months of imprisonment, after delays,
suspenses, and alarms too numerous to be here recounted, the
prisoners, on the 11th of June 1896, were released. They were
required to pay a fine of L2000, and to sign a pledge not to
interfere with politics for three years. It was owing to this pledge
that the valuable book, "The Transvaal from Within," which has here
been quoted, was not published till affairs therein set forth had
come in 1899 to the painful climax of war! Mr. Lionel Phillips,
however, was not so wise as Mr. Fitzpatrick. When Sir John
Willoughby in 1897 attacked the Reform Leaders of Johannesburg in
the _Nineteenth Century_, Mr. Phillips replied to it in the same
Review, August 1897, defending himself and his comrades from the
charges made. In consequence of this action Mr. Phillips was
considered to have broken his pledge and was condemned by the
Transvaal Government to banishment. Doubtless it was without much
regret that he shook the dust of that ill-conditioned State from off
his shoes.
THE ULTIMATUM
After the turmoil of 1896 affairs declined from bad to worse. The
state of tension between the oppressed Uitlanders and the now
suspicious Boers became from day to day and year to year more acute,
till at last it was almost unbearable. The incompetence of the
police showed that robbery, and even murder, might at any moment be
perpetrated and go unpunished, and alarm on this score was not
allayed by the action of a constable in shooting dead a Uitlander
named Edgar for having met his insults with a blow.
To thoroughly appreciate the misery and insecurity of the
Uitlanders, the atrocity of the Government, and the uncloaked
hostility to Great Britain that has existed till now, we may quote a
description of the situation given last year by Professor James
Liebmann. He wrote:--
"In the Transvaal a state of things reigns supreme which cannot be
surpassed by the most corrupt of South American Republics. There the
Boer shows his character in its most unpleasant features. Low,
sordid, corrupt, his chief magistrate as well as his lowest official
readily listens to 'reasons that jingle,' and, like the gentleman in
the 'Mikado,' is not averse to 'insults.' He calls his country a
republic--it is so in name only. The majority of the population,
representing the wealth and intelligence of the country--the
Uitlanders--are refused almost every civil right, except the
privilege of paying exorbitant taxes to swell an already overgorged
treasury. Under this ideal(?) government, which is really a
sixteenth-century oligarchy flourishing at the end of the
nineteenth, and is, certainly not a land where
'A man may speak the thing he will,'
you have a press censorship as tyrannical as in Russia, a State
supervision of telegrams, a veto on the right of public meeting, a
most unjust education law, and an Executive browbeating the
Justiciary; and, in order to accomplish so much, the Transvaal has
closed its doors to its kinsmen in Cape Colony--for you must not
forget that the oldest Transvaalers, from President Kruger
downwards, are ex-Cape Colonists, and quondam British subjects--and
imported a bureaucracy of Hollanders to plait a whip wherewith to
castigate her children.
"On the Rand, at present, the Uitlanders are voiceless, voteless,
and leaderless, whilst, on the other hand, large quantities of arms
have been introduced into the country, and the burghers, every one
of them, trained in the use of these weapons. Fortifications have
been raised at Johannesburg and Pretoria, to cowe those who are
putting money into the State's purse, and for this purpose the
President has acquired the services of German military officers who
will find congenial employment in thus dragooning defenceless
citizens.
"This is the state of affairs in the South African so-called
Republic in this year of grace (1898), which, according to the
Convention, granted equal rights to Briton and to Boer."
This being no exaggerated picture of the situation, it is small
wonder that at last the Uitlanders determined to bear the burden no
longer, but set their grievances before the Queen. Early in the new
year the following petition was forwarded to her Majesty:--
"_Humble Petition of British Subjects resident on the Witwatersrandt
Gold Fields to her Britannic Majesty Queen Victoria._
"1. Your loyal subjects on these fields are by law denied the free
right of possessing such arms as may be necessary to protect their
lives and property, and such obstacles are placed in their way as to
render the obtaining of the necessary official permit almost
impossible. Consequently the Uitlander population of this State is
to all intents and purposes an unarmed community.
"2. On the other hand, the whole of the burgher section of the
community, irrespective of age, are permitted to possess and carry
arms without let or hindrance, and are, in fact, on application,
supplied with them by the Government free of charge.
"3. The police force of this State is exclusively recruited from the
burgher element, many of the police being youths fresh from rural
districts, without experience or tact, and in many instances without
general education or a knowledge of the English language; therefore,
as a whole, entirely out of sympathy with the British section of the
community, which forms the majority of the population.
"4. The foot police of Johannesburg, in whose appointment and
control we have no voice, is not a military force; yet its members
not only carry batons, but are also armed with six-chambered
military revolvers, invariably carried loaded.
"5. Under these circumstances, given an unarmed community policed by
a body of inexperienced rustics carrying weapons of precision and
utterly out of sympathy with the community they are supposed to
protect, it is not surprising that the power placed in the hands of
this police force should be constantly abused.
"6. For years past your subjects have in consequence had constantly
to complain of innumerable acts of petty tyranny at the hands of the
police.
"7. During the last few months, however, this antagonistic attitude
of the police has assumed a much more serious and aggressive aspect.
Without warrant they have invaded private houses and taken the
occupants into custody on frivolous and unfounded charges never
proceeded with; violently arrested British subjects in the streets
on unintelligible charges: and generally display towards your
Majesty's subjects a temper which undoubtedly tends to endanger the
peace of the community. In adopting this demeanour the police are
supported, with but a few honourable exceptions, by the higher
officials, as instanced by the continual persecution in the Courts
of many of your Majesty's coloured subjects at the very time when
negotiations are proceeding between your Majesty's Representative
and the Transvaal Government with regard to their status. This
feeling is also strongly evidenced in the particular case which we
now bring to your Majesty's notice.
"8. The lamentable tragedy which has been the immediate cause of
this our humble Petition cannot, therefore, be regarded as
incidental, but symptomatic.
"9. This case is that of the shooting of Tom Jackson Edgar, a
British subject, by Police-Constable Barend Stephanus Jones, a
member of the Johannesburg Constabulary.
"10. From the accompanying affidavits, already published and sworn
by eye-witnesses of the tragedy, it would appear that the deceased,
while in the occupation of his own house, was shot dead by
Police-Constable Barend Stephanus Jones as the latter was in the act
of unlawfully breaking into the house of deceased without a warrant.
"11. Police-Constable Barend Stephanus Jones, though in the first
instance placed in custody on a charge of murder, was almost
immediately afterwards let out on bail by the Public Prosecutor,
who, without waiting for any Magisterial inquiry, reduced the
charge, on his own initiative, to that of culpable homicide.
"12. The bail on which the prisoner was released was the same in
amount--namely, L200--as that required a few days previously from an
Uitlander charged with a common assault on a Member of the
Government Secret Service, and the penalty for which was a fine of
L20.
"13. The widow and orphan of the late Tom Jackson Edgar have been
left absolutely destitute through the death of their natural
protector.
"14. To sum up: We humbly represent to your Majesty that we, your
loyal subjects resident here, are entirely defenceless since--(1)
The police are appointed by the Government, not by the Municipality;
(2) We have no voice in the Government of the country; (3) There is
no longer an independent Judiciary to which we can appeal; (4) There
is, therefore, no power within this State to which we can appeal
with the least hope of success; and as we are not allowed to arm and
protect ourselves, our last resource is to fall back on our status
as British subjects.
"We therefore humbly pray: That your Majesty will instruct your
Representative to take such steps as will ensure (_a_) a full and
impartial trial, on a proper indictment, of prisoner Police-Constable
Barend Stephanus Jones, and adequate punishment for his offence, if
found guilty; (_b_) proper provision by the Transvaal Government for the
needs of the widow and orphan of the deceased Tom Jackson Edgar, killed
by their agent; (_c_) the extension of your Majesty's protection to the
lives, liberty, and property of your loyal subjects resident here, and
such other steps as may be necessary to terminate the existing
intolerable state of affairs.
"And your petitioners will ever pray, &c."
Of course, this move enraged the authorities of the Transvaal, who
tried to prove the existence of a plot against the Republic, and
even to represent that British military officers were implicated in
it. But Sir Alfred Milner exposed the little machinations of the
"secret service" people, so that their duplicit efforts were not
crowned with the hoped-for success. Mr. Steyn then succeeded Mr.
Reitz as President of the Orange Free State, and his appearance on
the political scene was the signal for an offensive and defensive
alliance between the two Republics. Following the example set by
President Brand, Mr. Steyn--in the character of umpire or
peacemaker--assisted to promote a meeting at Bloemfontein between
Sir Alfred Milner and President Kruger. The Uitlander Council drew
up the following declaration:--
"The proposals submitted at the Bloemfontein Conference by his
Excellency the High Commissioner were briefly:
"1. That the Uitlanders possessing a certain property or wages
qualification, on proving that they had resided five years in the
country and on taking an oath of allegiance, be given full burgher
rights.
"2. That there should be such a distribution of seats as would give
to the new-comers a substantial representation in the First
Volksraad, but not such as would enable them to swamp the old
burghers.
"All must admit that this scheme is most conservative, because--
"(_a_). It does not restore to the Uitlanders all the rights of
which they have been unjustly deprived since the retrocession.
"(_b_). Nearly the whole revenue of the country is derived from the
taxation of the Uitlanders.
"(_c_). The Uitlanders form at least two-thirds of the total white
population. (This was practically admitted by President Kruger at
the Conference.)
"(_d_). In most new countries one or two years' residence ensures
full voting power. There is no reason why there should be more
stringent conditions in operation in this State than in Natal or
Cape Colony, or than those which existed until quite recently in
the Orange Free State, and which were only changed from one to
three years on account of the unhealthy political conditions in the
South African Republic.
"Notwithstanding, however, the conservative character of the scheme,
the Uitlander Council consider that the proposals of his Excellency
the High Commissioner are calculated in no small degree to bring
about a practical and permanent settlement. But in the opinion of
the Uitlander Council, it is essential at the outset to fix
definitely the conditions under which:
"1. All duly qualified persons can get the franchise without any
unnecessary expense, trouble, or delay, and without being subjected
to any kind of intimidation.
"2. Those who have got the franchise shall be able to use it
effectively.
"3. Redistribution of seats shall take place periodically by
automatic arrangement, and representation shall bear some definite
relation to the number of electors.
"Having regard to the recent history of the Government of this
country, and the facility with which even fundamental laws are and
may be changed, the Uitlander Council are convinced that no
settlement will be of any value unless its permanency is guaranteed
by an understanding between the Imperial Government and the
Government of the South African Republic.
"Further, knowing by past experience that every effort will be made
by means of the existing Government machinery to obstruct and
pervert even the smallest measure of reform, and bearing in mind the
immense discretionary power accorded by the laws to all Government
officials, the Uitlander Council are strongly of opinion that the
understanding between the two Governments should provide for such
immediate changes in the present laws of the country as would make
it possible to carry out Sir A. Milner's scheme, not only in the
letter, but also in the spirit.
"The outcome of the understanding between the two Governments should
be the inclusion among the permanent and fundamental laws of the
South African Republic of a Reform Act embracing, in addition to the
clauses providing for naturalisation and redistribution on the lines
already indicated, the following among other provisions:
"1. No burgher or alien shall be granted privileges or immunities
which on the same terms shall not be granted to all burghers.
"2. No person shall, on account of creed or religious belief, be
under any disability whatever.
"3. The majority of the inhabitants being English-speaking, English
shall be recognised equally with Dutch as an official language of
the State.
"4. The independence of the High Court shall be established and duly
safeguarded.
"5. Legislation by simple resolution (_besluit_) of the Volksraad
shall be abolished.
"6. The free right of public meeting and of forming electoral
committees shall be recognised and established.
"7. The freedom of speech and of the press shall be assured.
"8. All persons shall be secured in their houses, persons, papers,
and effects against violation or illegal seizure.
"9. The existence of forts and the adoption of other measures
intended for the intimidation of the white inhabitants of the
country, being a menace to the exercise of the undoubted rights of a
free people, shall be declared unconstitutional.
"10. Existing monopolies shall be cancelled or expropriated on
equitable conditions.
"11. Raad members must be fully enfranchised burghers and over
twenty-one years of age. Any candidate for the Presidency must be a
fully enfranchised burgher over thirty years of age, and have been
resident in the country for ten years.
"12. All elections shall be by ballot and shall be adequately
safeguarded by stringent provisions against bribery and
intimidation.
"13. All towns with a population of 1000 persons and upwards shall
have the right to manage their own local affairs under a general
Municipal Act. The registration of voters and the conduct of all
elections shall be regulated by local bodies.
"14. A full and comprehensive system of State Education shall be
established under the control of Local Boards.
"15. The Civil Service shall be completely reorganised, and all
corrupt officials shall be dismissed from office, and be ineligible
for office in the future.
"16. Payments from the public Treasury shall only be made in
accordance with the Budget proposals approved by the Raad, with full
and open publication of the accounts periodically.
"17. No person shall become a burgher, and no fresh constituency
shall be created except in accordance with the lines herein laid
down, and officials shall have no discretionary power in this or any
other matter affecting the civil rights of the inhabitants of the
country."
The Conference was a complete failure. Mr. Kruger obstinately
refused to make the proposed concessions, and Sir Alfred Milner
would be contented with nothing less.
[Illustration: Sir ALFRED MILNER, K.C.B.,
High Commissioner for South Africa.
Photo by Elliott & Fry, London.]
The President afterwards agreed to grant a "seven years'
Franchise" on terms that were scarcely practicable, while the
Secretary of State for the Colonies held out for the five years'
Franchise at first demanded. The bargaining was pursued for some
weeks with considerable animation, and in the end Mr. Kruger offered
to allow the five years' franchise on what he knew to be the
impossible condition, that the question of suzerainty should be
entirely dropped.
The mobilisation of the burghers, which had been secretly on foot
for some time, was forthwith carried on apace, and later--much too
tardily--British patience gave way, and troops were despatched to
South Africa. Then followed, on the 9th of October, an insulting
ultimatum from President Kruger, demanding the immediate withdrawal
of British troops from the Transvaal border, and an assurance that
no more should be landed. In default of this assurance, he declared
that at 5 P.M. on the 11th of October a state of war would exist. To
such an ultimatum only one answer was possible. British troops at
once started for the Cape.
Naturally the whole of Great Britain was in a state of turmoil, and
the vast multitude of people--"the men in the street," so to
say--were inclined to express surprise that the question of two
years' difference in the terms of obtaining the franchise should
have been made into a _casus belli_. To all thinking men it was
patent, however, that the quibble about the franchise was merely a
Boer _ruse_ to obtain time for the carrying out of a long-concerted
scheme for the elimination of the British from the Cape to the
Zambezi. These were aware that the military methods of the Transvaal
were under process of reorganisation, and indeed had been readjusted
gradually ever since 1896, and that the simple methods of 1881 had
been superseded by newer and more modern principles of warfare. It
was known that great additions had been made to the warlike
resources of the Republic, and that the President of the Free State
was, if anything, more bitter than Mr. Kruger in his hatred of Great
Britain and all things British, and that the two Republics would
make common cause with each other against a mutual enemy. It was
also known that foreign experts were imported, and foreign stocks of
war material--material of the newest and most expensive kind--were
prepared in anticipation of war, and that even such a thing as
tactical instruction--a thing hitherto ignored among the
Transvaalers--had been acquired from accomplished German sources,
and all this for one sole purpose--war with Great Britain. In order
that there may be no doubt that the Boers were completely prepared
and determined to fight long before the insolent Ultimatum was
published, it is desirable to read a letter which appeared in the
_Times_ of the 14th of October 1899. This epistle, which was
appropriately headed "Boer Ignorance," emanated from a Dutch
writer, whose address was in a well-known part of Cape Colony. It
runs:--
"SIR,--In your paper you have often commented on what you are
pleased to call the ignorance of my countrymen, the Boers. We are
not so ignorant as the British statesmen and newspaper writers, nor
are we such fools as you British are. We know our policy, and we do
not change it. We have no opposition party to fear nor to truckle
to. Your boasted Conservative majority has been the obedient tool of
the Radical minority, and the Radical minority has been the blind
tool of our far-seeing and intelligent President. We have desired
delay, and we have had it, and we are now practically masters of
Africa from the Zambezi to the Cape. All the Afrikanders in Cape
Colony have been working for years for this end, for they and we
know the facts.
"1. The actual value of gold in the Transvaal is at least 200,000
millions of pounds, and this fact is as well known to the Emperors
of Germany and Russia as it is to us. You estimate the value of gold
at only 700 millions of pounds, or at least that is what you pretend
to estimate it at. But Germany, Russia, and France do not desire you
to get possession of this vast mass of gold, and so, after
encouraging you to believe that they will not interfere in South
Africa, they will certainly do so, and very easily find a _casus
belli_, and they will assist us, directly and indirectly, to drive
you out of Africa.
"2. We know that you dare not take any precautions in advance to
prevent the onslaught of the Great Powers, as the Opposition, the
great peace party, will raise the question of expense, and this will
win over your lazy, dirty, drunken working classes, who will never
again permit themselves to be taxed to support your Empire, or even
to preserve your existence as a nation.
"3. We know from all the military authorities of the European and
American continents that you exist as an independent Power merely on
sufferance, and that at any moment the great Emperor William can
arrange with France or Russia to wipe you off the face of the earth.
They can at any time starve you into surrender. You must yield in
all things to the United States also, or your supply of corn will be
so reduced by the Americans that your working classes would be
compelled to pay high prices for their food, and rather than do that
they would have civil war, and invite any foreign Power to assist
them by invasion, for there is no patriotism in the working classes
of England, Wales, or Ireland.
"4. We know that your country has been more prosperous than any
other country during the last fifty years (you have had no civil war
like the Americans and French to tone up your nerves and strengthen
your manliness), and consequently your able-bodied men will not
enlist in your so-called voluntary army. Therefore you have to hire
the dregs of your population to do your fighting, and they are
deficient in physique, in moral and mental ability, and in all the
qualities that make good fighting men.
"5. Your military officers we know to be merely pedantic scholars or
frivolous society men, without any capacity for practical warfare
with white men. The Afridis were more than a match for you, and your
victory over the Soudanese was achieved because those poor people
had not a rifle amongst them.
"6. We know that your men, being the dregs of your people, are
naturally feeble, and that they are also saturated with the most
horrible sexual diseases, as all your Government returns plainly
show, and that they cannot endure the hardships of war.
"7. We know that the entire British race is rapidly decaying, your
birth-rate is rapidly falling, your children are born weak,
diseased, and deformed, and that the major part of your population
consists of females, cripples, epileptics, consumptives, cancerous
people, invalids, and lunatics of all kinds whom you carefully
nourish and preserve.
"8. We know that nine-tenths of your statesmen and higher officials,
military and naval, are suffering from kidney diseases, which weaken
their courage and will-power, and make them shirk all responsibility
as far as possible.
"9. We know that your Navy is big, but we know that it is not
powerful, and that it is honeycombed with disloyalty--as witness the
theft of the signal-books, the assaults on officers, the desertions,
and the wilful injury of the boilers and machinery, which all the
vigilance of the officers is powerless to prevent.
"10. We know that the Conservative Government is a mere sham, and
that it largely reduced the strength of the British artillery in
1888-89. And we know that it does not dare now to call out the
Militia for training, nor to mobilise the Fleet, nor to give
sufficient grants to the Line and Volunteers for ammunition to
enable them to become good marksmen and efficient soldiers. We know
that British soldiers and sailors are immensely inferior as
marksmen, not only to Germans, French, and Americans, but also to
Japanese, Afridis, Chilians, Peruvians, Belgians, and Russians.
"11. We know that no British Government dares to propose any form of
compulsory military or naval training, for the British people would
rather be invaded, conquered, and governed by Germans, Russians, or
Frenchmen, than be compelled to serve their own Government.
"12. We Boers know that we will not be governed by a set of British
curs, but that we will drive you out of Africa altogether, and the
other manly nations which have compulsory military service--the
armed manhood of Europe--will very quickly divide all your other
possessions between them.
"Talk no more of the ignorance of the Boers or Cape Dutch; a few
days more will prove your ignorance of the British position, and in
a short space of time you and your Queen will be imploring the good
offices of the great German Emperor to deliver you from your
disasters, for your humiliations are not yet complete.
"For thirty years the Cape Dutch have been waiting their chance, and
now their day has come; they will throw off their mask and your yoke
at the same instant, and 300,000 Dutch heroes will trample you
underfoot.
"We can afford to tell you the truth now, and in this letter you
have got it.--Yours, &c.,
P. S.
"_October 12._"
This letter, though false in many particulars, certainly pointed out
some "home truths," which it was desirable for the British public to
read, mark, learn, and inwardly digest. It also served to cast aside
the thin veil which had covered our political relations with
President Kruger and his party, and to show the firm foundations on
which the hatred of the Boer for the Briton had been built for
years. The question of the franchise was a bagatelle: a soap-bubble
would have been pretext enough for war when the right hour and
moment arrived. As allowed by this candid writer, whose valuable
avowals cannot afford to be ignored, for many years treachery and
disloyalty had existed, and the Boers had only bided their time.
They "desired delay, and had it," playing their cards so skilfully
as to deceive even the British Government, and imply to them and the
world that the franchise question and the discontent of the
Uitlanders was the main cause of the disagreement.
Before passing on to the terrible drama that, owing to the defiance
of Mr. Kruger, was afterwards enacted, we must assure ourselves that
the sad climax was bound to have come sooner or later. If the future
of South Africa is to be saved, the prestige of Great Britain must
be maintained; her citizens must be protected, and the betrayals of
Downing Street of 1881 and 1896 must be atoned for. Though darkness
reigns at the time of writing, the future of the Transvaal is a
bright one. Reactionaries of the Hofmeyer and Kruger stamp will pass
away, and we may look to the twentieth century for a happy
settlement of the terrible difficulties which stare us in the face.
But the settlement can never be effected by the policy of
compromise. It can never be lasting while Conventions are allowed to
become the pawns of parties; it can never be noble nor dignified
until the petty ambitions of political strife are subdued and the
grand whole, Great Britain--not the infinitesimal island, but the
immense and populous Empire--is ordered and laboured for with the
courage and strength that comes of undoubted unanimity! It remains,
therefore, with each individual man and woman among us so to work
that the grand result is not unnecessarily delayed.
[Illustration: VISCOUNT WOLSELEY,
Commander-in-Chief of the British Army.
Photo by London Stereoscopic Co.]
APPENDIX
CONVENTION OF 1881
CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY
PREAMBLE. Her Majesty's Commissioners for the Settlement of the
Transvaal territory, duly appointed as such by a Commission passed
under the Royal Sign Manual and Signet, bearing date the 5th of
April 1881, do hereby undertake and guarantee on behalf of her
Majesty, that, from and after the 8th day of August 1881, complete
self-government, subject to the suzerainty of her Majesty, her heirs
and successors, will be accorded to the inhabitants of the Transvaal
territory, upon the following terms and conditions, and subject to
the following reservations and limitations:--
ARTICLE 1. The said territory, to be herein-after called the
Transvaal State, will embrace the land lying between the following
boundaries, to wit: [Here follow three pages in print defining
boundaries].
ARTICLE 2. Her Majesty reserves to herself, her heirs and
successors, (_a_) the right from time to time to appoint a British
Resident in and for the said State, with such duties and functions
as are herein-after defined; (_b_) the right to move troops through
the said State in time of war, or in case of the apprehension of
immediate war between the Suzerain Power and any Foreign State or
Native tribe in South Africa; and (_c_) the control of the external
relations of the said State, including the conclusion of treaties
and the conduct of diplomatic intercourse with Foreign Powers, such
intercourse to be carried on through her Majesty's diplomatic and
consular officers abroad.
ARTICLE 3. Until altered by the Volksraad, or other competent
authority, all laws, whether passed before or after the annexation
of the Transvaal territory to her Majesty's dominions, shall, except
in so far as they are inconsistent with or repugnant to the
provisions of this Convention, be and remain in force in the said
State in so far as they shall be applicable thereto, provided that
no future enactment especially affecting the interests of natives
shall have any force or effect in the said State, without the
consent of her Majesty, her heirs and successors, first had and
obtained and signified to the Government of the said State through
the British Resident, provided further that in no case will the
repeal or amendment of any laws enacted since the annexation have a
retrospective effect, so as to invalidate any acts done or
liabilities incurred by virtue of such laws.
ARTICLE 4. On the 8th of August 1881, the Government of the said
State, together with all rights and obligations thereto
appertaining, and all State property taken over at the time of
annexation, save and except munitions of war, will be handed over to
Messrs. Stephanus Johannes Paulus Kruger, Martinus Wessel Pretorius,
and Petrus Jacobus Joubert, or the survivor or survivors of them,
who will forthwith cause a Volksraad to be elected and convened, and
the Volksraad, thus elected and convened, will decide as to the
further administration of the Government of the said State.
ARTICLE 5. All sentences passed upon persons who may be convicted of
offences contrary to the rules of civilised warfare committed during
the recent hostilities will be duly carried out, and no alteration
or mitigation of such sentences will be made or allowed by the
Government of the Transvaal State without her Majesty's consent
conveyed through the British Resident. In case there shall be any
prisoners in any of the gaols of the Transvaal State whose
respective sentences of imprisonment have been remitted in part by
her Majesty's Administrator or other officer administering the
Government, such remission will be recognised and acted upon by the
future Government of the said State.
ARTICLE 6. Her Majesty's Government will make due compensation for
all losses or damage sustained by reason of such acts as are in the
8th Article herein-after specified, which may have been committed by
her Majesty's forces during the recent hostilities, except for such
losses or damage as may already have been compensated for, and the
Government of the Transvaal State will make due compensation for all
losses or damage sustained by reason of such acts as are in the 8th
Article herein-after specified which may have been committed by the
people who were in arms against her Majesty during the recent
hostilities, except for such losses or damages as may already have
been compensated for.
ARTICLE 7. The decision of all claims for compensation, as in the last
preceding Article mentioned, will be referred to a Sub-Committee,
consisting of the Honourable George Hudson, the Honourable Jacobus
Petrus de Wet, and the Honourable John Gilbert Kotze. In case one or
more of such Sub-Commissioners shall be unable or unwilling to act the
remaining Sub-Commissioner or Sub-Commissioners will, after consultation
with the Government of the Transvaal State, submit for the approval of
her Majesty's High Commissioners the names of one or more persons to be
appointed by them to fill the place or places thus vacated. The decision
of the said Sub-Commissioners, or of a majority of them, will be final.
The said Sub-Commissioners will enter upon and perform their duties with
all convenient speed. They will, before taking evidence or ordering
evidence to be taken in respect of any claim, decide whether such claim
can be entertained at all under the rules laid down in the next
succeeding Article. In regard to claims which can be so entertained, the
Sub-Commissioners will, in the first instance, afford every facility for
an amicable arrangement as to the amount payable in respect of any
claim, and only in cases in which there is no reasonable ground for
believing that an immediate amicable arrangement can be arrived at will
they take evidence or order evidence to be taken. For the purpose of
taking evidence and reporting thereon, the Sub-Commissioners may appoint
Deputies, who will, without delay, submit records of the evidence and
their reports to the Sub-Commissioners. The Sub-Commissioners will
arrange their sittings and the sittings of their Deputies in such a
manner as to afford the earliest convenience to the parties concerned
and their witnesses. In no case will costs be allowed to either side,
other than the actual and reasonable expenses of witnesses whose
evidence is certified by the Sub-Commissioners to have been necessary.
Interest will not run on the amount of any claim, except as is
herein-after provided for. The said Sub-Commissioners will forthwith,
after deciding upon any claim, announce their decision to the Government
against which the award is made and to the claimant. The amount of
remuneration payable to the Sub-Commissioners and their Deputies will be
determined by the High Commissioners. After all the claims have been
decided upon, the British Government and the Government of the Transvaal
State will pay proportionate shares of the said remuneration and of the
expenses of the Sub-Commissioners and their Deputies, according to the
amount awarded against them respectively.
ARTICLE 8. For the purpose of distinguishing claims to be accepted
from those to be rejected, the Sub-Commissioners will be guided by the
following rules, viz.: Compensation will be allowed for losses or
damage sustained by reason of the following acts committed during the
recent hostilities, viz., (_a_) commandeering, seizure, confiscation,
or destruction of property, or damage done to property; (_b_) violence
done or threats used by persons in arms. In regard to acts under
(_a_), compensation will be allowed for direct losses only. In regard
to acts falling under (_b_), compensation will be allowed for actual
losses of property, or actual injury to the same proved to have been
caused by its enforced abandonment. No claims for indirect losses,
except such as are in this Article specially provided for, will be
entertained. No claims which have been handed in to the Secretary of
the Royal Commission after the 1st day of July 1881 will be
entertained, unless the Sub-Commissioners shall be satisfied that the
delay was reasonable. When claims for loss of property are considered,
the Sub-Commissioners will require distinct proof of the existence of
the property, and that it neither has reverted nor will revert to the
claimant.
ARTICLE 9. The Government of the Transvaal State will pay and
satisfy the amount of every claim awarded against it within one
month after the Sub-Commissioners shall have notified their decision
to the said Government, and in default of such payment the said
Government will pay interest at the rate of six per cent. per annum
from the date of such default; but her Majesty's Government may at
any time before such payment pay the amount, with interest, if any,
to the claimant in satisfaction of his claim, and may add the sum
thus paid to any debt which may be due by the Transvaal State to her
Majesty's Government, as herein-after provided for.
ARTICLE 10. The Transvaal State will be liable for the balance of
the debts for which the South African Republic was liable at the
date of annexation, to wit, the sum of L48,000 in respect of the
Cape Commercial Bank Loan, and L85,667 in respect to the Railway
Loan, together with the amount due on 8th August 1881 on account of
the Orphan Chamber Debt, which now stands at L22,200, which debts
will be a first charge upon the revenues of the State. The Transvaal
State will, moreover, be liable for the lawful expenditure lawfully
incurred for the necessary expenses of the Province since the
annexation, to wit, the sum of L265,000, which debt, together with
such debts as may be incurred by virtue of the 9th Article, will be
second charge upon the revenues of the State.
ARTICLE 11. The debts due as aforesaid by the Transvaal State to her
Majesty's Government will bear interest at the rate of three and a
half per cent., and any portion of such debt as may remain unpaid at
the expiration of twelve months from the 8th August 1881 shall be
repayable by a payment for interest and sinking fund of six pounds
and ninepence per cent. per annum, which will extinguish the debt in
twenty-five years. The said payment of six pounds and ninepence per
L100 shall be payable half yearly in British currency on the 8th
February and 8th August in each year. Provided always that the
Transvaal State shall pay in reduction of the said debt the sum of
L100,000 within twelve months of the 8th August 1881, and shall be
at liberty at the close of any half year to pay off the whole or any
portion of the outstanding debt.
ARTICLE 12. All persons holding property in the said State on the
8th day of August 1881 will continue after the said date to enjoy
the rights of property which they have enjoyed since the annexation.
No person who has remained loyal to her Majesty during the recent
hostilities shall suffer any molestation by reason of his loyalty,
or be liable to any criminal prosecution or civil action for any
part taken in connection with such hostilities, and all such persons
will have full liberty to reside in the country, with enjoyment of
all civil rights, and protection for their persons and property.
ARTICLE 13. Natives will be allowed to acquire land, but the grant
or transfer of such land will, in every case, be made to and
registered in the name of the Native Location Commission,
herein-after mentioned, in trust for such natives.
ARTICLE 14. Natives will be allowed to move as freely within the
country as may be consistent with the requirements of public order,
and to leave it for the purpose of seeking employment elsewhere or
for other lawful purposes, subject always to the pass laws of the
said State, as amended by the Legislature of the Province, or as may
hereafter be enacted under the provisions of the 3rd Article of this
Convention.
ARTICLE 15. There will continue to be complete freedom of religion
and protection from molestation for all denominations, provided the
same be not inconsistent with morality and good order, and no
disability shall attach to any person in regard to rights of
property by reason of the religious opinions which he holds.
ARTICLE 16. The provisions of the 4th Article of the Sand River
Convention are hereby re-affirmed, and no slavery or apprenticeship
partaking of slavery will be tolerated by the Government of the said
State.
ARTICLE 17. The British Resident will receive from the Government of
the Transvaal State such assistance and support as can by law be
given to him for the due discharge of his functions, he will also
receive every assistance for the proper care and preservation of the
graves of such of her Majesty's forces as have died in the
Transvaal, and if need be for the expropriation of land for the
purpose.
ARTICLE 18. The following will be the duties and functions of the
British Resident:--Sub-section 1. He will perform duties and
functions analogous to those discharged by a Charge d'Affaires and
Consul-General.
Sub-section 2. In regard to natives within the Transvaal State he
will (_a_) report to the High Commissioner, as representative of the
Suzerain, as to the working and observance of the provisions of this
Convention; (_b_) report to the Transvaal authorities any cases of
ill-treatment of natives or attempts to incite natives to rebellion
that may come to his knowledge; (_c_) use his influence with the
natives in favour of law and order; and (_d_) generally perform such
other duties as are by this Convention entrusted to him, and take
such steps for the protection of the person and property of natives
as are consistent with the laws of the land.
Sub-section 3. In regard to natives not residing in the Transvaal
(_a_) he will report to the High Commissioner and the Transvaal
Government any encroachments reported to him as having been made by
Transvaal residents upon the land of such natives, and in case of
disagreement between the Transvaal Government and the British
Resident as to whether an encroachment has been made, the decision
of the Suzerain will be final; (_b_) the British Resident will be
the medium of communication with native chiefs outside the
Transvaal, and subject to the approval of the High Commissioner, as
representing the Suzerain, he will control the conclusion of
treaties with them; and (_c_) he will arbitrate upon every dispute
between Transvaal residents and natives outside the Transvaal (as to
acts committed beyond the boundaries of the Transvaal) which may be
referred to him by the parties interested.
Sub-section 4. In regard to communications with foreign powers, the
Transvaal Government will correspond with her Majesty's Government
through the British Resident and the High Commissioner.
ARTICLE 19. The Government of the Transvaal State will strictly
adhere to the boundaries defined in the 1st Article of this
Convention, and will do its utmost to prevent any of its inhabitants
from making any encroachment upon lands beyond the said State. The
Royal Commission will forthwith appoint a person who will beacon off
the boundary line between Ramatlabama and the point where such line
first touches Griqualand West boundary, midway between the Vaal and
Hart Rivers; the person so appointed will be instructed to make an
arrangement between the owners of the farms Grootfontein and
Valleifontein on the one hand, and the Barolong authorities on the
other, by which a fair share of the water supply of the said farms
shall be allowed to flow undisturbed to the said Barolongs.
ARTICLE 20. All grants or titles issued at any time by the Transvaal
Government in respect of land outside the boundary of Transvaal
State, as defined, Article 1, shall be considered invalid and of no
effect, except in so far as any such grant or title relates to land
that falls within the boundary of the Transvaal State, and all
persons holding any such grant so considered invalid and of no
effect will receive from the Government of the Transvaal State such
compensation either in land or in money as the Volksraad shall
determine. In all cases in which any native chiefs or other
authorities outside the said boundaries have received any adequate
consideration from the Government of the former South African
Republic for land excluded from the Transvaal by the 1st Article of
this Convention, or where permanent improvements have been made on
the land, the British Resident will, subject to the approval of the
High Commissioner, use his influence to recover from the native
authorities fair compensation for the loss of the land thus
excluded, and of the permanent improvement thereon.
ARTICLE 21. Forthwith, after the taking effect of this Convention, a
Native Location Commission will be constituted, consisting of the
President, or in his absence the Vice-President of the State, or
some one deputed by him, the Resident, or some one deputed by him,
and a third person to be agreed upon by the President or the
Vice-President, as the case may be, and the Resident, and such
Commission will be a standing body for the performance of the duties
herein-after mentioned.
ARTICLE 22. The Native Location Commission will reserve to the
native tribes of the State such locations as they may be fairly and
equitably entitled to, due regard being had to the actual occupation
of such tribes. The Native Location Commission will clearly define
the boundaries of such locations, and for that purpose will, in
every instance, first of all ascertain the wishes of the parties
interested in such land. In case land already granted in individual
titles shall be required for the purpose of any location, the owners
will receive such compensation either in other land or in money as
the Volksraad shall determine. After the boundaries of any location
have been fixed, no fresh grant of land within such location will be
made, nor will the boundaries be altered without the consent of the
Location Commission. No fresh grants of land will be made in the
districts of Waterbergh, Zoutspansberg, and Lydenburg until the
locations in the said districts respectively shall have been defined
by the said Commission.
ARTICLE 23. If not released before the taking effect of this
Convention, Sikukuni, and those of his followers who have been
imprisoned with him, will be forthwith released, and the boundaries
of his location will be defined by the Native Location Commission in
the manner indicated in the last preceding Article.
ARTICLE 24. The independence of the Swazies within the boundary line
of Swaziland, as indicated in the 1st Article of this Convention,
will be fully recognised.
ARTICLE 25. No other or higher duties will be imposed on the
importation into the Transvaal State of any article the produce or
manufacture of the dominions and possessions of her Majesty, from
whatever place arriving, than are or may be payable on the like
article the produce or manufacture of any other country, nor will
any prohibition be maintained or imposed on the importation of any
article the produce or manufacture of the dominions and possessions
of her Majesty, which shall not equally extend to the importation of
the like articles being the produce or manufacture of any other
country.
ARTICLE 26. All persons other than natives conforming themselves to
the laws of the Transvaal State (_a_) will have full liberty with
their families to enter, travel, or reside in any part of the
Transvaal State; (_b_) they will be entitled to hire or possess
houses, manufactures, warehouses, shops, and premises; (_c_) they
may carry on their commerce either in person or by any agents whom
they may think fit to employ; (_d_) they will not be subject in
respect of their persons or property, or in respect of their
commerce or industry, to any taxes, whether general or local, other
than those which are or may be imposed upon Transvaal citizens.
ARTICLE 27. All inhabitants of the Transvaal shall have free access
to the Courts of Justice for the protection and defence of their
rights.
ARTICLE 28. All persons other than natives who established their
domicile in the Transvaal between the 12th day of April 1877 and the
date when this Convention comes into effect, and who shall within
twelve months after such last-mentioned date have their names
registered by the British Resident, shall be exempt from all
compulsory military service whatever. The Resident shall notify such
registration to the Government of the Transvaal State.
ARTICLE 29. Provision shall hereafter be made by a separate
instrument for the mutual extradition of criminals, and also for the
surrender of deserters from her Majesty's forces.
ARTICLE 30. All debts contracted since the annexation will be
payable in the same currency in which they may have been contracted;
all uncancelled postage and other revenue stamps issued by the
Government since the annexation will remain valid, and will be
accepted at their present value by the future Government of the
State; all licences duly issued since the annexation will remain in
force during the period for which they may have been issued.
ARTICLE 31. No grants of land which may have been made, and no
transfer of mortgage which may have been passed since the
annexation, will be invalidated by reason merely of their having
been made or passed since that date. All transfers to the British
Secretary for Native Affairs in trust for natives will remain in
force, the Native Location Commission taking the place of such
Secretary for Native Affairs.
ARTICLE 32. This Convention will be ratified by a newly-elected
Volksraad within the period of three months after its execution, and
in default of such ratification this Convention shall be null and
void.
ARTICLE 33. Forthwith, after the ratification of this Convention, as
in the last preceding Article mentioned, all British troops in
Transvaal territory will leave the same, and the mutual delivery of
munitions of war will be carried out. Articles end. Here will follow
signatures of Royal Commissioners, then the following to precede
signatures of triumvirate.
We, the undersigned, Stephanus Johannes Paulus Kruger, Martinus
Wessel Pretorius, and Petrus Jacobus Joubert, as representatives of
the Transvaal Burghers, do hereby agree to all the above conditions,
reservations, and limitations under which self-government has been
restored to the inhabitants of the Transvaal territory, subject to
the suzerainty of her Majesty, her heirs and successors, and we
agree to accept the Government of the said territory, with all
rights and obligations thereto appertaining on the 8th day of
August; and we promise and undertake that this Convention shall be
ratified by a newly-elected Volksraad of the Transvaal State within
three months from this date.
CONVENTION OF 1884
A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF
GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC.
Whereas, the Government of the Transvaal State, through its
Delegates, consisting of Stephanus Johannes Paulus Kruger, President
of the said State, Stephanus Jacobus Du Toit, Superintendent of
Education, and Nicholas Jacobus Smit, a member of the Volksraad,
have represented that the Convention signed at Pretoria on the 3rd
day of August 1881, and ratified by the Volksraad of the said State
on the 25th October 1881, contains certain provisions which are
inconvenient, and imposes burdens and obligations from which the
said State is desirous to be relieved, and that the south-western
boundaries fixed by the said Convention should be amended, with a
view to promote the peace and good order of the said State, and of
the countries adjacent thereto; and whereas her Majesty the Queen of
the United Kingdom of Great Britain and Ireland, has been pleased to
take the said representations into consideration: Now, therefore,
her Majesty has been pleased to direct, and it is hereby declared,
that the following articles of a new Convention, signed on behalf of
her Majesty by her Majesty's High Commissioner in South Africa, the
Right Honourable Sir Hercules George Robert Robinson, Knight Grand
Cross of the Most Distinguished Order of Saint Michael and Saint
George, Governor of the Colony of the Cape of Good Hope, and on
behalf of the Transvaal State (which shall herein-after be called
the South African Republic) by the above-named Delegates, Stephanus
Johannes Paulus Kruger, Stephanus Jacobus Du Toit, and Nicholas
Jacobus Smit, shall, when ratified by the Volksraad of the South
African Republic, be substituted for the articles embodied in the
Convention of 3rd August 1881; which latter, pending such
ratification, shall continue in full force and effect.
ARTICLES.
ARTICLE 1. The Territory of the South African Republic will embrace
the land lying between the following boundaries, to wit: (Here
follows a long description of boundaries).
ARTICLE 2. The Government of the South African Republic will
strictly adhere to the boundaries defined in the 1st Article of this
Convention, and will do its utmost to prevent any of its inhabitants
from making any encroachments upon lands beyond the said boundaries.
The Government of the South African Republic will appoint
Commissioners upon the eastern and western borders whose duty it
will be strictly to guard against irregularities and all trespassing
over the boundaries. Her Majesty's Government will, if necessary,
appoint Commissioners in the native territories outside the eastern
and western borders of the South African Republic to maintain order
and prevent encroachments.
Her Majesty's Government and the Government of the South African
Republic will each appoint a person to proceed together to beacon
off the amended south-west boundary as described in Article 1 of
this Convention; and the President of the Orange Free State shall be
requested to appoint a referee to whom the said persons shall refer
any questions on which they may disagree respecting the
interpretation of the said Article, and the decision of such referee
thereon shall be final. The arrangement already made, under the
terms of Article 19 of the Convention of Pretoria of the 3rd August
1881, between the owners of the farms Grootfontein and Valleifontein
on the one hand, and the Barolong authorities on the other, by which
a fair share of the water supply of the said farms shall be allowed
to flow undisturbed to the said Barolongs, shall continue in force.
ARTICLE 3. If a British officer is appointed to reside at Pretoria
or elsewhere within the South African Republic to discharge
functions analogous to those of a Consular officer he will receive
the protection and assistance of the Republic.
ARTICLE 4. The South African Republic will conclude no treaty or
engagement with any State or nation other than the Orange Free
State, nor with any native tribe to the eastward or westward of the
Republic, until the same has been approved by her Majesty the Queen.
Such approval shall be considered to have been granted if her
Majesty's Government shall not, within six months after receiving a
copy of such treaty (which shall be delivered to them immediately
upon its completion), have notified that the conclusion of such
treaty is in conflict with the interests of Great Britain or of any
of her Majesty's possessions in South Africa.
ARTICLE 5. The South African Republic will be liable for any balance
which may still remain due of the debts for which it was liable at
the date of Annexation, to wit, the Cape Commercial Bank Loan, the
Railway Loan, and the Orphan Chamber Debt, which debts will be a
first charge upon the revenues of the Republic. The South African
Republic will moreover be liable to her Majesty's Government for
L250,000, which will be a second charge upon the revenues of the
Republic.
ARTICLE 6. The debt due as aforesaid by the South African Republic
to her Majesty's Government will bear interest at the rate of three
and a half per cent. from the date of the ratification of this
Convention, and shall be repayable by a payment for interest and
Sinking Fund of six pounds and ninepence per L100 per annum, which
will extinguish the debt in twenty-five years. The said payment or
six pounds and ninepence per L100 shall be payable half-yearly, in
British currency, at the close of each half year from the date of
such ratification: Provided always that the South African Republic
shall be at liberty at the close of any half year to pay off the
whole or any portion of the outstanding debt.
Interest at the rate of three and a half per cent. on the debt as
standing under the Convention of Pretoria shall as heretofore be
paid to the date of the ratification of this Convention.
ARTICLE 7. All persons who held property in the Transvaal on the 8th
day of August 1881, and still hold the same, will continue to enjoy
the rights of property which they have enjoyed since the 12th April
1877. No person who has remained loyal to her Majesty during the
late hostilities shall suffer any molestation by reason of his
loyalty; or be liable to any criminal prosecution or civil action
for any part taken in connection with such hostilities; and all such
persons will have full liberty to reside in the country, with
enjoyment of all civil rights, and protection for their persons and
property.
ARTICLE 8. The South African Republic renews the declaration made in
the Sand River Convention, and in the Convention of Pretoria, that
no slavery or apprenticeship partaking of slavery will be tolerated
by the Government of the said Republic.
ARTICLE 9. There will continue to be complete freedom of religion
and protection from molestation for all denominations, provided the
same be not inconsistent with morality and good order; and no
disability shall attach to any person in regard to rights of
property by reason of the religious opinions which he holds.
ARTICLE 10. The British officer appointed to reside in the South
African Republic will receive every assistance from the Government
of the said Republic in making due provision for the proper care
and preservation of the graves of such of her Majesty's forces as
have died in the Transvaal; and if need be, for the appropriation of
land for the purpose.
ARTICLE 11. All grants or titles issued at any time by the Transvaal
Government in respect of land outside the boundary of the South
African Republic, as defined in Article 1, shall be considered
invalid and of no effect, except in so far as any such grant or
title relates to land that falls within the boundary of the South
African Republic; and all persons holding any such grant so
considered invalid and of no effect will receive from the Government
of the South African Republic such compensation, either in land or
in money, as the Volksraad shall determine. In all cases in which
any Native Chiefs or other authorities outside the said boundaries
have received any adequate consideration from the Government of the
South African Republic for land excluded from the Transvaal by the
1st Article of this Convention, or where permanent improvements have
been made on the land, the High Commissioner will recover from the
native authorities fair compensation for the loss of the land thus
excluded, or of the permanent improvements thereon.
ARTICLE 12. The independence of the Swazis, within the boundary line
of Swaziland, as indicated in the 1st Article of this Convention,
will be fully recognised.
ARTICLE 13. Except in pursuance of any treaty or engagement made as
provided in Article 4 of this Convention, no other or higher duties
shall be imposed on the importation into the South African Republic
of any article coming from any part of her Majesty's dominions than
are or may be imposed on the like article coming from any other
place or country; nor will any prohibition be maintained or imposed
on the importation into the South African Republic of any article
coming from any part of her Majesty's dominions which shall not
equally extend to the like article coming from any other place or
country. And in like manner the same treatment shall be given to any
article coming to Great Britain from the South African Republic as
to the like article coming from any other place or country.
These provisions do not preclude the consideration of special
arrangements as to import duties and commercial relations between
the South African Republic and any of her Majesty's colonies or
possessions.
ARTICLE 14. All persons, other than natives, conforming themselves
to the laws of the South African Republic (_a_) will have full
liberty, with their families, to enter, travel, or reside in any
part of the South African Republic; (_b_) they will be entitled to
hire or possess houses, manufactories, warehouses, shops, and
premises; (_c_) they may carry on their commerce either in person or
by any agents whom they may think fit to employ; (_d_) they will not
be subject, in respect of their persons or property, or in respect
of their commerce or industry, to any taxes, whether general or
local, other than those which are or may be imposed upon citizens of
the said Republic.
ARTICLE 15. All persons, other than natives, who established their
domicile in the Transvaal between the 12th day of April 1877 and the
8th of August 1881, and who within twelve months after such
last-mentioned date have had their names registered by the British
Resident, shall be exempt from all compulsory military service
whatever.
ARTICLE 16. Provision shall hereafter be made by a separate
instrument for the mutual extradition of criminals, and also for the
surrender of deserters from her Majesty's forces.
ARTICLE 17. All debts contracted between the 12th April 1887 and the
8th August 1881 will be payable in the same currency in which they
may have been contracted.
ARTICLE 18. No grants of land which may have been made, and no
transfers or mortgages which may have been passed between the 12th
April 1877 and the 8th August 1881, will be invalidated by reason
merely of their having been made or passed between such dates.
All transfers to the British Secretary for Native Affairs in trust
for natives will remain in force, an officer of the South African
Republic taking the place of such Secretary for Native Affairs.
ARTICLE 19. The Government of the South African Republic will engage
faithfully to fulfil the assurances given, in accordance with the
laws of the South African Republic, to the natives at the Pretoria
Pitso by the Royal Commission in the presence of the Triumvirate and
with their entire assent, (1) as to the freedom of the natives to
buy or otherwise acquire land under certain conditions, (2) as to
the appointment of a commission to mark out native locations, (3) as
to the access of the natives to the courts of law, and (4) as to
their being allowed to move freely within the country, or to leave
it for any legal purpose, under a pass system.
ARTICLE 20. This Convention will be ratified by a Volksraad of the
South African Republic within the period of six months after its
execution, and in default of such ratification this Convention shall
be null and void.
Signed in duplicate in London this 27th day of February 1884.
(Signed) HERCULES ROBINSON.
" S. J. P. KRUGER.
" S. J. DU TOIT.
" M. J. SMIT.
END OF VOLUME I.
Printed by BALLANTYNE, HANSON & Co.
Edinburgh & London
TRANSCRIBERS' NOTES:
General : Both Potchefstrom and Potchefstroom have been used several
times. Spellings have been preserved as written.
Page viii: Drummer replaced with drummers to agree with caption of
illustration.
: Removal of additional closing parenthesis after Gloucester
Regiment
Page x : Hyphen removed from gold-fields (2 occurrences) to ensure
consistency with other uses
Page 15 : Spelling of attemped revised to attempted
Page 43 : Added closing parenthesis after ...blacks
Page 57 : As written. Vjin should probably read Vijn
Page 68 : Comma after pledge replaced with full stop (period)
Page 75 : Hyphen removed from farm-house to ensure consistency with
other uses
Page 76 : Closing quote added after fusiliers.
Page 78 : Hyphen added to bloodspilling to ensure consistency with
other use
Page 84 : Spelling of tambookee standardised to tambookie
Page 108 : Hyphen added to reaffirmed to ensure consistency with other
use
Page 113 : Spelling of pourtrayed and dulness left as taken from original
quotation.
Page 139 : As written. Reims should probably read riems
Page 179 : Spelling of cowe left as taken from original quotation.