(1). That the price of dynamite (85 shillings per case of 50lbs.) was

too high under the existing concession, and that a diminution in price

was desirable either by cancellation of the concession, or by testing

the legality of the concession in the High Court.

(2). That the tariffs of the Netherlands Railway Company for the

carriage of coal and other articles were too high, and that it was

necessary to expropriate the railway.

(3). That the import duties on necessaries of life were too high, and

that the cost of living in Johannesburg for workmen was too high.

(4). That stringent measures ought to be adopted in order to prevent

gold thefts, and that the law for the total prohibition of drink to

native labourers ought to be more strictly enforced, and that there

ought to be a more stringent application of the Pass Law (under which

the traffic of the native labourers was regulated).

(5). With the object of carrying out the measures specified in Section

4, the Commission recommended that an Advisory Board should be nominated

for the Witwatersrand gold fields for the purpose of advising the

Government as to the enforcement of the said regulations.

[Sidenote: Results of the Commission.]

To what extent was effect given to these recommendations?

[Sidenote: Dynamite.]

1. As far as dynamite is concerned, it appeared that there was no chance

of contesting the concession in the law courts with any success. Nor did

the Volksraad or the Government feel justified in cancelling, without

the consent of the owners, a contract which had been solemnly entered

into, and upon which enormous sums of money had been expended. The

Mining Industry was naturally eager for cancellation, even without

adequate compensation; but the public were not at that time aware of a

fact which was made public some months later, namely, that the De Beers

Corporation intended to erect a dynamite manufactory, and that this

agitation of the Capitalists was intended to obtain for themselves the

control of this great source of income. People, however, knew that the

Messrs. Chamberlain were interested in the English ammunition and

dynamite house of Kynoch, but they hesitate to assume that the Colonial

Secretary was actuated in his Transvaal policy by considerations of

private financial interest.

The Government and Volksraad of the South African Republic adopted the

wiser plan of lowering the price of dynamite to such an extent as to

make it about equal to the local European price plus a protective tariff

of 20s. per case.

It may here be remarked that Mr. Chamberlain, knowing how unpopular the

Dynamite Concession was in the South African Republic, intimated to the

Government of the South African Republic, in a very threatening manner,

that the Concession was in conflict with the London Convention.

The answer of the Government to this communication was so crushing that

Mr. Chamberlain did not again return to the subject. In this he was, no

doubt, also actuated by the fact that the most renowned English and

European jurists had advised that the concession was in no sense a

breach of the Convention. This, however, only became known later, and it

is merely referred to now so as to show that no stone was left unturned

in order to find a means of humiliating the South African Republic.

[Sidenote: The Netherlands Railway Company.]

2. With regard to the Netherlands South African Railway Company, it

would appear that the Capitalists have altered their opinion, and now

think that the administration of the Company is as good as can

reasonably be expected, and that expropriation is now unnecessary.

Perhaps, from their point of view, it would be better to buy up the

shares of the Company, and thus become themselves masters, instead of

the Government, of this source of income.

Respecting the Railway tariff, it is fair to assume that the cause of

dissatisfaction has disappeared, for no complaints are now heard since

the tariff was lowered in accordance with the recommendations of the

Commission.

[Sidenote: Reduction of import duties]

This change in the tariff, together with the abolition of duties on

nearly all necessaries of life have made a difference of about £700,000

in the income of the State during the last year. It will be admitted

that this is an enormous item in comparison with the total income of

the South African Republic. The above tends to show how anxious the

Government of the South African Republic has been to remove all

grievances as soon as it was proved that they actually existed.

[Sidenote: Liquor, Pass, and Gold Thefts Laws.]

3. As regards the administration of the Liquor Law, the Pass Law, and

the Law dealing with Gold thefts, neither the Government nor the

Volksraad felt at liberty to adopt the recommendation as to constituting

an Advisory Board on the Witwatersrand. They decided to go deeper to the

roots of the evil, and so altered the administration of the Laws that

the evidences of dissatisfaction have disappeared. Indeed, no one ever

hears of gold thefts now, and the representative bodies of the mining

industry have repeatedly expressed their satisfaction with the

administration of the Pass Law, and especially with that of the Liquor

Law.

[Sidenote: The Liquor Law.]

In this very Liquor Law we have a test of a good administration. From

the very nature of the drink question it is one of the most difficult

laws that a Government can be called upon to administer, and the measure

of success which has attended the efforts of the Government and its

officials proves conclusively that the charges of incompetency so

frequently brought against the Government of the South African Republic

were devoid of truth, and were only intended to slander and to injure

the Republic. A combined meeting of the Chamber of Mines, the Chamber of

Commerce, and the Association of Mine Managers--the three strongest and

most representative bodies on the Witwatersrand Gold Fields--passed the

following resolutions,[40] which speak for themselves:--

1. This combined Meeting, representing the Chamber of Mines, the

Chamber of Commerce, and the Mine Managers' Association, desires

to express once more its decided approval of the present Liquor

Law, and is of opinion that prohibition is not only beneficial to

the Natives in their own interest, but is absolutely necessary

for the Mining Industry, with a view of maintaining the

efficiency of labour.

2. This Meeting wishes to express its appreciation of the efforts

made to suppress the Illicit Liquor Trade by the Detective

Department of this Republic since it has been placed under the

administration of the State Attorney, and is of opinion that the

success which has crowned these efforts fully disproves the

contention that the Liquor Law is impracticable.

The first resolution was carried by an overwhelming majority, and the

second unanimously.

Compare this declaration of the representatives of the Mining and

Commercial interests of the Witwatersrand with the allegation repeated

by Mr. Chamberlain in his great "grievance" dispatch of the 10th May,

1899[41]--that the Liquor Law had never been strictly enforced, but that

this law was simply evaded, and that the Natives at the mines were

supplied with drink in large quantities.

When Mr. Chamberlain wrote these words they were absolutely untrue, and,

like all his grievances, are of an imaginary character.

The results have clearly shown that the Government was quite correct in

its conclusion that it was better to alter the administration of the

laws complained of, than to adopt a principle (the advisory board), the

consequences and eventual outcome of which no one was able to foresee.

[Sidenote: The South African League.]

The agitation in connection with the report of the Industrial Commission

was followed by a great calm. If it had not been that the handling of

the Swazie difficulty by the British Government gave colour to

suspicion, one might have thought that there was no cloud upon the

horizon. To a superficial observer, the two Governments seemed to be on

the best and most friendly footing, and some of us actually began to

think that the era of the fraternal co-operation of the two races in

South Africa had actually dawned, and that the cursed Raid and its

harvest of race hatred and division would be forgotten. Certain

circumstances, however, indicated clearly that the enemy was occupied in

a supreme effort to cause matters to culminate in a crisis.

The South African League, a political organisation which sprang up out

of, and owed its origin to, the race hatred which the Jameson Raid had

called into being, and at the head of which Mr. Rhodes himself stands (a

fact which places Capitalistic influence in a very clear light), began

towards the latter part of last year to agitate against the Government

in the most unheard-of way.

The individuals who stood at the head of this institution in

Johannesburg were such that very little attention was paid to the

League. It was, however, soon clearly shown that not only was the

movement strongly assisted by the Capitalists, and strongly supported

all along the mines, but that there was a close relationship in a

mysterious way with Cape Town and London. The events of the last few

months have brought this out very clearly. Meetings were arranged,

memorials to Her Majesty about grievances were drawn up, and an active

propaganda was preached in the Press; this all proved in a convincing

way that a carefully planned campaign had been organised against the

Republic.

As the Government of the South African Republic has set forth the trend

of the agitation as well as the connection of the British Government

with it in an official despatch, it is desirable to quote the language

itself:--[42] "But this Government wishes to go further. Even in regard

to those Uitlanders who are British subjects it is a small minority

which, under the pretext of imaginary grievances, promotes a secret

propaganda of race hatred, and uses the Republic as a basis for

fomenting a revolutionary movement against this Government. Ministers of

Her Majesty have so trenchantly expressed the truth about this minority

that this Government wishes to quote the very words of these Ministers,

with the object of bringing the actual truth to the knowledge of Her

Majesty's Government, as well as to that of the whole world, and not for

the purpose of making groundless accusations."

"The following words are those of the Ministers of the Cape Colony, who

are well acquainted with local conditions, and fully qualified to

arrive at a conclusion":--

"In the opinion of Ministers the persistent action, both beyond and

within this Colony, of the political body styling itself the South

African League in endeavouring to foment and excite, not to smooth and

allay ill-will between the two principal European races inhabiting South

Africa, is well illustrated by these resolutions, the exaggerated and

aggravated terms of which disclose the spirit which informs and inspires

them."

"His Excellency's Ministers are one in their earnest desire to do all in

their power to aid and further a policy of peaceful progress throughout

South Africa, and they cannot but regard it as an unwise propagandism,

hostile to the true interests of the Empire, including this Colony as an

integral part, that every possible occasion should be seized by the

League and its promoters for an attempt to magnify into greater events

minor incidents, when occurring in the South African Republic, with a

prospect thereby of making racial antagonism more acute, or of rendering

less smooth the relations between Her Majesty's Government or the

Government of this Colony and that Republic."

"Race hatred is, however, not so intense in South Africa as to enable a

body with this propaganda, aiming at revolutionary objects, to obtain

much influence in this part of the world; and one continually asks

oneself the question--'How is it that a body, so insignificant both in

regard to its principles and its membership, enjoys such a large measure

of influence?' The answer is that this body depends upon the protection

and the support of Her Majesty's Government in England, and that both

its members and its organs in the Press openly boast of the influence

they exert over the policy of Her Majesty's Government. This Government

would ignore such assertions; but when it finds that the ideas and the

shibboleths of the South African League are continually echoed in the

speeches of members of Her Majesty's Government, when it finds that blue

books are compiled chiefly from documents prepared by officials of the

South African League, as well as from reports and leading articles

containing 'malignant lies' taken from the press organs of that

organisation, thereby receiving an official character, then this

Government can well understand why so many of Her Majesty's right-minded

subjects in this part of the world have obtained the impression that the

policy advocated by the South African League is supported by Her

Majesty's Government, and is thus calculated to contribute to the

welfare and blessing of the British Empire."

"If this mistaken impression could be removed, and if it could be

announced as a fact that the South African League, as far as its actions

in the South African Republic are concerned, is only an organisation

having as its object the fomentation of strife and disorder and the

destruction of the independence of the Country, then it would very soon

lose its influence, and the strained relations existing between the two

Governments would quickly disappear. The Africander population of this

country would not then be under the apprehension that the interests of

the British Empire _imperatively demand_ that the Republic should be

done away with, and its people be either _enslaved or exterminated_.

Both sections of the white inhabitants of South Africa would then return

to the fraternal co-operation and fusion which was beginning to manifest

itself when the treacherous conspiracy at the end of 1895 awakened the

passions on both sides."

As a result of the continual agitation of the South African League,

three occurrences were selected and elevated by Mr. Chamberlain into

culminating instances of the Uitlander grievances. To give the world a

clear insight into the nature of the grievances in general, extracts are

given from the official accounts both of the British and the Republican

account of these occurrences. There were three--the "Lombard affair,"

with reference to the maltreatment of coloured British subjects at

Johannesburg; the "Edgar case," in connection with the shooting of an

English subject by a police official; and the "Amphitheatre occurrence,"

in regard to a disorderly meeting of the South African League.

[Sidenote: _a._ The Lombard Incident.]

With regard to the "Lombard incident," Mr. Chamberlain says:--[43] "As

an instance of such arbitrary action the recent maltreatment of coloured

British subjects by Field Cornet Lombard may be cited. This official

entered the houses of various coloured persons without a warrant at

night, dragged them from their beds, and arrested them for being without

a pass. The persons so arrested were treated with much cruelty, and it

is even alleged that one woman was prematurely confined, and a child

subsequently died from the consequences of the fright and exposure. Men

were beaten and kicked by the orders of the Field Cornet, who appears to

have exercised his authority with the most cowardly brutality. The

Government of the Republic, being pressed to take action, suspended the

Field Cornet, and an enquiry was held, at which he and the police denied

most of the allegations of violence; but the other facts were not

disputed, and no independent evidence was called for the defence. The

Government have since reinstated Lombard.

"Unfortunately this case is by no means unparalleled. Other British

subjects, including several from St. Helena and Mauritius, have been

arbitrarily arrested, and some of them have been fined, without having

been heard in their own defence, under a law which does not even profess

to have any application to persons from those Colonies.

"However long-suffering Her Majesty's Government may be in their anxious

desire to remain on friendly terms with the South African Republic, it

must be evident that a continuance of incidents of this kind, followed

by no redress, may well become intolerable."

The answer of the Government of the South African Republic was as

follows:--[44] "With reference to the Lombard case, this Government

wishes to point out that no complaint was lodged with any official in

this Republic for a full month after the illtreatment of Cape coloured

people was alleged to have taken place, and that neither the Government

nor the public was aware that anything had taken place. The whole case

was so insignificant that some of the people who were alleged to have

been illtreated declared, under oath, at a later period before a court

of investigation that they would never have made any complaint on their

own initiative. What happened, however?

"About a month after the occurrence the South African League came to

hear of it; some of its officials sent round to collect evidence from

the parties who were alleged to have been illtreated, and some sworn

declarations were obtained by the help of Her Majesty's Vice-Consul at

Johannesburg (between whom and this League a continual and conspicuous

co-operation has existed). Even then no charge was lodged against the

implicated officials with the judicial authorities of the country, but

the case was put in the hands of the Acting British Agent at Pretoria.

"When the allegations were brought under the notice of this Government,

they at once appointed a commission of enquiry, consisting of three

members, namely, Landdrost Van der Berg, of Johannesburg, Mr. Andries

Stockenstrom, barrister-at-law, of the Middle Temple, head of the

Criminal Section of the State Attorney's Department, and Mr. Van der

Merwe, Mining Commissioner, of Johannesburg; gentlemen against whose

ability and impartiality the Uitlander population of the Republic have

never harboured the slightest suspicion, and with whose appointment the

Acting British Agent also expressed his entire satisfaction. The

instructions given to those officials were to thoroughly investigate the

whole case, and to report the result to the Government; and they

fulfilled these instructions by sitting for days at a time, carefully

hearing and sifting the evidence of both sides. Every right-minded

person readily acknowledges that far greater weight ought to be attached

to the finding of this Commission than to the declarations of the

complainants, who contradicted one another in nearly every particular,

and who caused the whole enquiry to degenerate into a farce."

"According to the report, nothing was proved as to the so-called

illtreatment; the special instances of alleged illtreatment turned out

to be purely imaginary; but it was clearly proved and found that the

complainants had acted contrary to law, and the Commission only

expressed disapproval of the fact that the arrests and the investigation

had taken place at night, and without a proper warrant. It fills this

Government with all the greater regret to observe that Her Majesty's

Government bases its charges on _ex parte_, groundless, and, in many

respects, false declarations of complainants who have been set in motion

by political hatred, and that it silently ignores the report of the

Commission."

[Sidenote: _b._ The Edgar Case.]

Mr. Chamberlain represented the Edgar case in the following way:--[45]

"But perhaps the most striking recent instance of arbitrary action by

officials, and of the support of such action by the Courts, is the

well-known Edgar case. The effect of the verdict of the jury, warmly

endorsed by the Judge, is that four policemen breaking into a man's

house at night without a warrant, on the mere statement of one person,

which subsequently turned out to be untrue, that the man had committed a

crime, are justified in killing him there and then because, according to

their own account, he hits one of them with a stick. If this is

justification, then almost any form of resistance to the police is

justification for the immediate killing of the person resisting, who may

be perfectly innocent of any offence. This would be an alarming doctrine

anywhere. It is peculiarly alarming when applied to a city like

Johannesburg, where a strong force of police armed with revolvers have

to deal with a large alien unarmed population, whose language in many

cases they do not understand. The emphatic affirmation of such a

doctrine by Judge and jury in the Edgar case cannot but increase the

general feeling of insecurity amongst the Uitlander population, and the

sense of injustice under which they labour. It may be pointed out that

the allegation that Edgar assaulted the police was emphatically denied

by his wife and others, and that the trial was conducted in a way that

would be considered quite irregular in this country, the witnesses for

the defence being called by the prosecution, and thereby escaping

cross-examination."

The answer of the Government of the South African Republic was:--[46]

"The Edgar case is referred to by your Government as the most striking

recent instance of arbitrary action by officials, and of the support of

such action by the Courts," and this case is quoted as a conclusive

test of the alleged judicial maladministration of this Republic; it

will, therefore, be of interest to pause for a moment and consider it.

What are the true facts?

"A certain Foster, 'an Englishman,' was assaulted and felled to the

ground, without any lawful cause, by a man named Edgar during the night

of the 18th December, 1898; he lay on the ground as if dead, and

ultimately died in the hospital. Edgar escaped to his room, and some

police came on the scene, attracted by the screams of the bystanders.

Amongst the police was one named Jones. When they saw the man who had

been assaulted lying as if dead, they went to Edgar's apartment in order

to arrest him as a criminal (he had, indeed, rendered himself liable for

manslaughter, and apparently for murder). As he was caught in the very

act, the police officers were, according to the Laws, not only of this

Republic, but of all South Africa and of the United Kingdom of Great

Britain and Ireland, justified in breaking open the door in order to

arrest the culprit. While doing so, Edgar, with a dangerous weapon,

struck Jones a severe blow. Under the stress of necessity the latter

shot Edgar, from the effects of which he died. The question is not if

Jones was justified in taking this extreme step, for the State Attorney

of the Republic had already given effect to his opinion that this was a

case for the jury by prosecuting him for manslaughter. The question is

solely whether any jury in any country in the world would have found a

man guilty of any crime under the circumstances set forth, and whether,

if they did not find him guilty, the fact of their doing so would have

been stamped and branded as a flagrant and remarkable instance of the

maladministration of Justice.

"This Government is convinced that the English judicial administration

affords numberless instances where the facts are as strong as in this

case, and it cannot see why an occurrence which could happen in any part

of the world would be especially thrown in their teeth in the form of an

accusation.

"This Government does not wish to pass over in silence the censure which

has been passed by Her Majesty's Government on the Public Prosecutor of

Johannesburg, by whom the prosecution of this case was conducted; the

fact that being of pure English blood, that he received his legal

training in London, that he is generally respected by the Uitlander

population on account of his ability, impartiality, and general

character, will naturally not be of any weight with Her Majesty's

Government against the facts of his action in calling witnesses for the

prosecution who were intended for the defence, and thus rendering an

imaginary cross-examination abortive.

A Century of Wrong · 第 5 / 12 段