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 exercise 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 H.M. 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.
APPENDIX D.
THE FINAL DISPATCH OF MR. STATE SECRETARY REITZ.
ENCLOSURE.
DEPARTMENT FOR FOREIGN AFFAIRS,
GOVERNMENT OFFICE,
PRETORIA,
_3rd March_, 1899.
Sir,
Acknowledging the receipt of your letter of the 11th inst. _re_ the
meeting of the South African League held in the Amphitheatre at
Johannesburg on the 14th January, 1899, I have the honour to communicate
the following to you.
The complaint that the Government, or its duly authorised officials,
have acted with partiality in this matter is entirely devoid of truth,
and this Government regrets that such an unfounded and insulting
accusation should have been made nearly a month after the occurrence in
question.
Messrs. Dodd and Webb have been duly arrested and committed for trial on
account of what took place on the 24th December, 1898, upon sworn
affidavits which left nothing else for the proper officials to do but to
prosecute.
With reference to the Amphitheatre occurrence, not a single British
subject has lodged a sworn complaint against anybody with the proper
officials, so that it can hardly be expected that this Government should
now take any steps against the alleged disturbers of the peace.
Regarding the accusation that officials of this Government have
contributed to the instigation of uproar on the said occasion, this
Government can only state that no complaints have been made to it or the
proper authorities, either from British subjects or from subjects of
other Powers, so that this Government, to its regret, can do nothing in
this matter. In case, however, of such complaints being lodged with the
proper authorities, the Courts of the country are open to them.
I have the honour to be, Sir,
Your obedient servant,
F.W. REITZ,
_State Secretary._
_To_ THE HON. CUNYNGHAME GREENE, C.B.,
_British Agent, Pretoria._
APPENDIX E.
CONVENTIONS BETWEEN HER MAJESTY THE QUEEN AND THE TRANSVAAL OR SOUTH
AFRICAN REPUBLIC.
SAND RIVER CONVENTION, 1852.
Minutes of a meeting held in the place of Mr. P.A. Venter, Sand River,
on Friday, the sixteenth day of January, 1852, between Major W. Hogge
and C.M. Owen, Esq., Her Majesty's Assistant Commissioners, for the
settling and adjusting of the affairs of the eastern and north-eastern
boundaries of the Colony of the Cape of Good Hope on the one part, and
the following deputation from the emigrant farmers residing north of the
Vaal River:
A.W.J. PRETORIUS, Commandant-General.
H.S. LOMBARD, Landdrost.
W.F. JOUBERT, Commandant-General.
G.J. KRUGER, Commandant.
J.N. GROBBELAAR, Raadslid.
P.E. SCHOLTZ.
P.G. WOLMARANS, Ouderling.
J.A. VAN ASWEGAN, Veld-cornet.
F.J. BOTES, do.
N.J.S. BASSON, do.
J.P. FURSTENBERG, do.
J.P. PRETORIUS.
J.H. GROBBELAAR.
J.M. LEHMAN.
P. SCHUTTE.
J.C. KLOPPERS: on the other part.
The Assistant Commissioners guarantee in the fullest manner, on the part
of the British Government, to the emigrant farmers beyond the Vaal River
the right to maintain their own affairs, and to govern themselves
according to their own laws without any interference on the part of the
British Government, and that no encroachment shall be made by the said
Government on the territory beyond to the north of the Vaal River, with
the further assurance that the warmest wish of the British Government is
to promote peace, free trade, and friendly intercourse with the
emigrant farmers now inhabiting or who hereafter may inhabit that
country, it being understood that this system of non-interference is
binding upon both parties.
Should any misunderstanding hereafter arise as to the true meaning of
the words "the Vaal River," this question in so far as regards the line
from the source of that river over the Drakenberg shall be settled and
adjusted by Commissioners chosen by both parties.
Her Majesty's Assistant Commissioners hereby disclaim all alliances
whatever and with whomsoever of the coloured nations to the north of the
Vaal River.
It is agreed that no slavery is or shall be permitted or practised in
the country to the north of the Vaal River by the emigrant farmers.
Mutual facilities and liberties shall be afforded to traders and
travellers on both sides of the Vaal River, it being understood that
every waggon containing ammunition and firearms coming from the south
side of the Vaal River shall produce a certificate signed by a British
magistrate or other functionary duly authorised to grant such, and which
shall state the quantities of such articles contained in said waggon to
the nearest magistrate north of the Vaal River, who shall act in the
case as the regulations of the emigrant farmers direct. It is agreed
that no objection shall be made by any British authority against the
emigrant Boers purchasing their supplies of ammunition in any of the
British Colonies and possessions of South Africa, it being mutually
understood that all trade in ammunition with the native tribes is
prohibited both by the British Government and the emigrant farmers on
both sides of the Vaal River.
It is agreed that so far as possible all criminals and other guilty
parties who may fly from justice either way across the Vaal River shall
be mutually delivered up if such should be required, and that the
British courts as well as those of the emigrant farmers shall be
mutually open to each other for all legitimate processes, and that
summonses for witnesses sent either way across the Vaal River shall be
backed by the magistrates, on each side of the same respectively, to
compel the attendance of such witnesses when required.
It is agreed that certificates of marriage issued by the proper
authorities of the emigrant farmers shall be held valid and sufficient
to entitle children of such marriages to receive portions accruing to
them in any British Colony or possession in South Africa.
It is agreed that any and every person now in possession of land, and
residing in British territory, shall have free right and power to sell
his said property and remove unmolested across the Vaal River, and _vice
versâ_, it being distinctly understood that this arrangement does not
comprehend criminals or debtors, without providing for the payment of
their just and lawful debts.
This done and signed at Sand River aforesaid, this 17th day of January,
1852.
(Signed) A.W.J. PRETORIUS, Comdt.-General.
H.S. LOMBARD, Landdrost.
W.F. JOUBERT, Commandant-General.
G.J. KRUGER, Commandant.
W.I. HOGGE, Assistant Commissioner.
C. MOSTYN OWEN, Assistant Commissioner.
J.N. GROBBELAAR, R.L.
P.E. SCHOLTZ.
P.G. WOLMARANS, Ouderling.
J.A. VAN ASWEGAN, Veld Cornet.
F.J. BOTES.
N.J.S. BASSON, Veld Cornet.
J.P. FURSTENBERG, Veld Cornet.
J.P. PRETORIUS.
J.H. GROBBELAAR.
J.M. LEHMAN.
P. SCHUTTE.
J.C. KLOPPERS.
In presence of--
(Signed) JOHN BURNET,
Clerk to the Civil Commissioner of Winburg.
(Signed) J.H. VISAGIE, Secretary.
* * * * *
CONVENTION OF PRETORIA, 1881.
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 I. The said territory, to be hereinafter 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 hereinafter 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 interest 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 day 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 hereinafter 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
hereinafter 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-Commission,
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 Commissioner 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
hereinafter 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_), commandering, 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
hereinafter 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 £48,000 in respect of the Cape Commercial
Bank Loan, and £85,667 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 £22,200, 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 £265,000, 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 £100
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 £100,000 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
connexion 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, hereinafter 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 Third 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 Fourth 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 with 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.