LAW AND JUSTICE IN THE TRANSVAAL.[9]
1.--_Contempt of Justice._
I stated at the close of my last article that I did not think that Dr.
Kuyper had even made mention of Articles 7 and 14 of the Convention of
1884. I find that I was mistaken. He has said a few words about the
latter, to draw from it the inference that it did not give the right of
franchise to Uitlanders. He is right.
But Articles 7 and 14 guarantee to all white men, civil rights, the
protection of their persons and property, the right to enter into trade,
and equality of taxation. How did the Boers construe the application of
these conditions of the Convention of 1884? As early as 1885 Mr.
Gladstone found himself obliged to send Sir Charles Warren to prevent
the Boers from invading Bechuanaland. Mr. Krüger had already attacked
Mafeking, and annexed the territory. The Boers retreated, but brutally
murdered a man named Bethell who had been wounded by them.
That same year, the case of Mr. James Donaldson came before the House of
Commons. He held property in Lydenburg. He had been ordered by two Boers
(one of whom was in the habit of boasting that he had shot an unarmed
Englishman since the beginning of the war, and had fired on several
others) to abstain from collecting hut taxes on his own farm. On his
refusal he was attacked by them; three other Boers joined them, and he
was left in such a condition that he was thought to be dead.
Upon the representations of the English Government the aggressors were
condemned to pay a fine; but the Government of Pretoria remitted it!
An Indian, a British subject and man of education far superior to that
of the greater part of the Boers, while following a bridle path
trespassed on the farm property of a member of the Volksraad, named
Meyer. He was arrested, and accused of intent to steal. Sent before the
owner's brother, who was a "field cornet" (district judge), he was
condemned, with each of the Hottentot servants accompanying him, to
receive twenty-five lashes, and to pay a fine. Rachmann protested,
declared that the field cornet was exceeding his authority, intimated an
appeal, and offered bail of £40; notwithstanding, he received the
twenty-five lashes. George Meyer, the field cornet, knew perfectly well
that he was exceeding his authority, but thought it too good a joke to
desist. The Court, presided over by Mr. Jorissen, condemned him to pay
damages to Rachmann. This was reimbursed to Meyer by the Government,
and, despite the judgment of the Court, the President said he was in the
right, and that he would protect him.
This is the way in which Mr. Krüger understands justice towards
Europeans and European subjects; let us see how he understands it with
regard to natives.
A Kaffir, named April, having worked several years on a farm, asked for
his salary as agreed in cattle and a pass. The farmer refused him the
cattle, and wanted to force him, his wives, and children, to continue
working for him. The Kaffir appealed to the field cornet Prinsloo, who
treated him as an unruly slave. The Court condemned Prinsloo for abuse
of power. Some days later the President announced that he had reimbursed
Prinsloo his expenses and damages, remarking: "Notwithstanding the
judgment of the Court, we consider Prinsloo to have been in the right."
[Footnote 9: _Le Siècle_ 29th March, 1900.]
2.--_Confusion of Powers._
The Volksraad confuses legislative and judicial functions. Should a
judgment displease it, it arrogates to itself the right to annul it. Nor
is there any more respect shown by the Volksraad for contracts, and, on
one occasion, it solemnly accorded to the Government the right to annul
clauses which had ceased to be satisfactory. It is unnecessary to add
that the principle of the non-retrospectiveness of laws is altogether
unknown to it.
In the Dom case the Volksraad passed a resolution disabling the
aggrieved individual from taking action against the Government.
Early in the year 1897, the Government appointed for a given day, the
allocation of the Witfontein farm in "claims" (mine concessions of 150
by 400 feet). At the last moment it was announced that the claims would
be decided by lottery; several persons having made known that they
intended to sue the Government for their claims already pegged out, a
measure was passed by the Volksraad declaring all such actions null and
void.
A Mr. Brown, an American, took proceedings. The President of the High
Court, Mr. Kotzé, pronounced that this law was unconstitutional, and
gave judgment in favor of Brown, but left the amount of damages to be
determined later after hearing further evidence.
Upon this, Mr. Krüger introduced a law known as Law I. of 1897, which
empowered him to exact assurances from the judges that they would
respect all resolutions of the Volksraad, without testing whether they
were in accord or contradiction with the Constitution; and in the event
of the President not being satisfied with the replies of the judges, it
further empowered him to dismiss them summarily. The judges protested in
a body that they would not submit to such treatment. The High Court was
suspended and all legal business adjourned.
Sir Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria to
endeavour to avert the crisis. Mr. Krüger promised to refrain from
enforcing Law I. of 1897, and to introduce a new law. The judges resumed
their functions.
In February, 1898, a year later, President Krüger had not introduced a
new law; President Kotzé wrote to Krüger reminding him of his promise.
Mr. Krüger at once applied to him Law I. of 1897, and dismissed him.
Kotzé was replaced by Mr. Gregorowski, who, at the time the law was
passed had solemnly protested that no honourable man could continue to
act as a judge in the Transvaal until the law was repealed.
Now what does Dr. Kuyper think of the Volksraad's mode of legislation,
and of the manner in which Mr. Krüger, that man "of intelligence and
superior morality," interprets respect for justice?