FURTHER NEGOTIATIONS AT PRETORIA.
Conference between the Commission appointed to represent the meeting
of Delegates at Vereeniging, and Lord Kitchener and Lord Milner.
Lord Kitchener was informed that the Meeting representing the two
Republics had delegated Commandant General Louis Botha, Chief
Commandant C. R. de Wet, General J. H. de la Rey, General J. C. Smuts,
and General J. B. M. Hertzog to confer with the representatives of the
British Government, and in the afternoon of Saturday, May 17, the
Governments received a reply from Lord Kitchener that he and Lord
Milner, on behalf of the British Government, were prepared to meet the
Commission, who were requested to proceed to Pretoria immediately for
that purpose.
The Commission left Vereeniging that same evening for Pretoria, where
they arrived at 8 o'clock p.m. They were accommodated in "Park zicht,"
the residence of Mr. Carl Rood, corner of Mare and van der Walt
Streets.
On Monday morning, May 19, 1902, the Commission assembled early and
wrote the following letter to be submitted to Lord Kitchener and Lord
Milner, and in which the wishes of the peoples' Representatives were
expressed:--
_To their Excellencies_ Lord KITCHENER _and_ Lord MILNER,
_Pretoria_.
PRETORIA, _May 19, 1902_.
YOUR EXCELLENCIES,
With the object of finally terminating the existing hostilities, we
have the honour, by virtue of the authority from the Governments of
both the Republics, to propose the following points as a basis of
negotiations, in addition to the points already offered during the
negotiations in April last:--
(_a_) We are prepared to give up our independence as far as
foreign relations are concerned;
(_b_) We wish to retain internal self-government under British
supervision;
(_c_) We are prepared to give up a portion of our territory.
If Your Excellencies are prepared to negotiate on this basis, the
above-mentioned points can be more fully set forth.
We have the honour to be,
Your Excellencies' obedient servants,
LOUIS BOTHA,
C. R. DE WET,
J. H. DE LA REY,
J. B. M. HERTZOG,
J. C. SMUTS.
_Minutes of Conference held at Pretoria on Monday, May 19, and
following days between_ Lord KITCHENER _and_ Lord MILNER,
_representing the British Government, and_ Commandant-General Louis
BOTHA, Chief Commandant C. R. DE WET, General J. H. DE LA REY, General
J. B. M. HERTZOG, _and_ General J. C. SMUTS, _representing the Meeting
of the People's Delegates assembled at Vereeniging on May 15, 1902_.
Mr. Advocate N. J. de Wet acted as interpreter, and as secretaries:
for the British Representatives, Mr. O. Walrond, and for the
Commission representing the Republics, the Rev. J. D. Kestell and Mr.
D. E. van Velden.
The Commission met the British Representatives in Lord Kitchener's
house at 10 a.m. After the parties had taken their seats, General
BOTHA said: To begin with, I wish to say that although the
negotiations have occupied a longer time than we expected, I
nevertheless wish to give Your Excellencies the assurance of our good
faith, and that everything is done seriously with the object of
concluding the desired peace.
Further, I wish to say that everything we agree upon here must be
submitted to the Representatives of our People for approval.
Thereupon the British Representatives said that they would like to
hear what proposals the Commission had to make, and the letter (see
page 98) written by the Committee was read.
Lord MILNER: On account of the wide difference between this proposal
and that made by His Majesty's Government when we separated, I must
say that I foresee no hope for good results from negotiation on this
basis. I think that Lord Kitchener shares my view.
Lord KITCHENER: We can take these proposals into consideration, but I
cannot see how we can bring them into accord with those of His
Majesty's Government.
General BOTHA: If you take up that attitude, we would like to have a
final answer from you on our proposal.
Lord MILNER: Do you wish your proposal to be referred to His Majesty's
Government?
General BOTHA: Yes, unless you have authority to give a final reply.
Lord MILNER: I am convinced that your proposal will not be accepted,
and if you wish to make another proposal, it will injure you to refer
this proposal to His Majesty's Government.
General BOTHA: If you have authority to reject our proposed basis, we
would like to see you do so.
Lord MILNER: I have no hesitation to take upon myself to reject your
proposals. The instructions received by me and Lord Kitchener are so
clear on this point.
General BOTHA: Must I then understand that when Lord Salisbury said
some time ago that this war was not waged with a view to obtaining
territory he did not mean it?
Lord KITCHENER: There is now no question of territory, as the
annexation stands.
General BOTHA: I fail to see that our proposal is in conflict with the
annexation.
Lord MILNER: I do not recollect the exact words of Lord Salisbury, but
it is true that Lord Salisbury said that his Government did not
commence the war with the object of obtaining territory, but in the
course of the war circumstances developed in such a manner that no
other course was open than to annex the Republics, and my Government
have expressed their fixed intention not to go back on their decision.
General HERTZOG: I would like to know what is really the difference
between the basis now laid down by us and that laid down by His
Majesty's Government in the negotiations last year? I do not mean so
much in detail as in general principle.
Lord KITCHENER: Does your proposal assume that the Boers become
British citizens?
General SMUTS: I do not see that our proposal is necessarily in
conflict with the proposal of last year. Our proposal only makes
provision as regards the government.
Lord MILNER then read out the following clause from the terms offered
last year (the Middelburg proposals, March 7, 1901)[3]: "At the
earliest possible date military administration will cease and be
replaced by civil administration in the form of a crown colony
government. In each of the new colonies there shall be at first a
Governor and Executive Council consisting of the principal officials,
with a Legislative Council consisting of a certain number of official
members, to whom will be added a nominated non-official element. But
it is the desire of His Majesty's Government, as soon as circumstances
permit, to introduce a representative element and ultimately to extend
to the new colonies the privilege of self-government." "It may be," he
remarked, "that I do not quite understand your proposal; but it
appears to me to differ from the scheme here set forth not only in
details but also in principle."
[Footnote 3: See Appendix, p. 210.]
General HERTZOG: I fully agree with you that it can be taken to differ
in principle, but a principle that is found to vary even from
principles adopted in Colonies of the same State. In other words, you
find that one principle was conceded to one colony, while another
principle was applied to another colony, and yet they belong to the
same Empire.
Lord MILNER: Absolutely. There are different principles in different
colonies, but it appears to me that the principle laid down in your
proposal differs from that laid down by His Majesty's Government.
General HERTZOG: I believe that I express the opinion of the entire
Commission when I say that we desire to have peace, and the remarks I
have made were intended to show that I consider that if we mutually
really wish to arrive at peace, we must not attach too much value to
theoretical differences as long as the practical object be attained.
For instance, in the various colonies now constituting the United
States of America, there were different principles for different
colonies. Now the principle laid down in our proposal does not differ
so much from your proposal that a practical difference would be
created thereby, as would be the case if negotiations were confined
strictly to your basis. I suppose that England's position towards
South Africa is to arrive at a certain result with us, and that that
result will now be equally well attained through our proposal as
through the Middelburg proposals. And therefore I ask you whether the
difference is so great that an entirely new situation will be created
whereby England would not attain the object she has in view?
Lord MILNER: We compare two different matters. Here in the Middelburg
proposals there are a number of definite proposals, which go into a
great mass of details. I do not say that these details are perfect or
are perfectly expressed. And I understand that it is entirely within
the authority of Lord Kitchener and myself to confer further with you
with reference to details, with the object of explaining anything that
might be doubtful, and perhaps to make alterations which would not
fundamentally affect the scheme. If you say that your proposals are
not in conflict with the Middelburg proposals, there is no reason why
you should not put your proposal aside and discuss the Middelburg
proposals, which are definite.
General HERTZOG: I entirely admit that you are entitled to say that
there is a fundamental difference between our proposals; but whether
for the purpose for which we are together here that difference is of
such a nature that if we are mutually inclined to make peace, we shall
not arrive at something that would satisfy us both, and, further, that
if we negotiated on the basis proposed by us, the same result would
not be attained as by negotiating on the Middelburg proposals, I
cannot see.
Lord MILNER: I understand that you grant that there is a fundamental
difference between the two bases. Well, then I consider that we are
not authorised to negotiate on a basis differing from that laid down
in the last despatch from H.M. Government, and also differing from
that contained in the Middelburg proposals. I may say that in their
last message H.M. Government went as far as they possibly could to
meet you. The whole spirit of the cablegram was to that effect.
Chief Commandant DE WET: You must understand that if I speak I do not
do so as a lawyer. (Lord Kitchener, laughing: "It's the same case with
me.") I fully agree with what General Botha and General Hertzog have
said with reference to our being in earnest to establish peace; but to
be brief I must say I did not understand that His Excellency Lord
Milner could have intended, as I also view the matter, that we went to
the people with the Middelburg proposals with the idea of returning
with those proposals.
Lord MILNER: If I have given that impression it is not quite what I
mean. But I think that you went to the people with the last message
from His Majesty's Government in your minds, and it was clear from
that message that His Majesty's Government were not prepared to take
any terms into consideration which differed widely from the principle
laid down in the Middelburg proposals.
Chief Commandant DE WET: So I understand the matter, too, and
therefore we have come with a proposal that does not differ so much
from those proposals.
General SMUTS: I had thought that the vital principle for your
Government was to get the independence out of the way. And here the
independence of the two Republics, as far as foreign relations are
concerned, is given away. I therefore thought that possibly the two
parties would come to an arrangement on that basis. I did not think
that the Middelburg terms were essential for the establishment of
peace.
Lord MILNER: Not in details, but in general principles. If the British
Government has laid down a basis, and you have had weeks to consider
the matter, it will never do that you simply set it aside. Lord
Kitchener has given you considerable time to consult the people; and
now you come back and without even referring to the Middelburg
proposals, you set aside those terms or that basis, and propose
entirely different terms, and say: "Let us negotiate on them." I do
not think that I and Lord Kitchener ought to do it; but if he takes
another view the British Government can be asked whether they are
prepared to set aside all the previous discussions and to commence now
on a new basis.
Chief Commandant DE WET: We naturally cannot prevent Lord Kitchener
from putting any question he pleases to his Government, but at the
same time it is our request that you cable our request to the British
Government.
General BOTHA: I cannot see that we have come here with a new basis,
because in consequence of the negotiations during last April you were
instructed by the British Government to encourage us to put forward
new proposals. Our proposal stands in direct connection with that
desire.
Lord MILNER: I did my best to get new proposals from you. But you
would not make them. You forced the British Government to make
proposals.
General BOTHA: I am of opinion that both parties should co-operate.
Lord KITCHENER: You were asked to put forward proposals, but you
refused, and now after the British Government has made proposals you
come forward with a proposal.
General DE LA REY: I think it was in consequence of the correspondence
between the Netherlands and British Governments that we made our
proposals. That correspondence was the commencement of the
negotiations.
Chief Commandant DE WET: If we had had to make new proposals in April
we would not have been able to put forward a proposal so reasonable
and advantageous to the British Government as we do now, because
unless the people consented we would have had to insist on retaining
our entire independence.
Lord MILNER: I wish to remind you of what has taken place, and I do
not do so to put you in the wrong, but to make the position clear, for
these matters are very plain. You came and made a certain proposal.
The British Government gave a clear reply--they refused to accept it.
The reply was entirely straightforward and quite intelligible; and at
the same time the British Government said: "We are desirous of peace;
will you make other proposals?" You said: "No, we have no authority to
do so without consulting the people." We admitted that argument. Then
you said: "Let the British Government make proposals." The British
Government did so, and they are equally entitled to an answer. What is
the position you place Lord Kitchener and me in? You return with an
entirely new proposal and say nothing of ours. This is not a
reasonable treatment of the British Government, and we ought not to
take your proposal into consideration.
General HERTZOG: I have attempted to point out that our reply really
cannot be taken as no reply to the proposals of the British
Government, because the great question raised in the correspondence
last April between us and the British Government turned on the
independence, and now after having consulted the people we come and
say: "We are prepared to abandon the independence, and we define to
what extent." And now, as General Smuts has said, that is exactly the
basis that we lay down here in our proposal.
Lord MILNER: You say you abandon the independence as far as foreign
relations are concerned?
General HERTZOG: Yes, but you must understand that this is only a
basis, which we shall more fully specify later.
General SMUTS: The independence is abandoned as far as foreign
relations are concerned, and with reference to the internal
government, that is placed under the supervision of the British
Government, so that the effect of these two clauses is: That the
independence is abandoned and that the two Republics cannot after that
be considered as sovereign States.
Lord MILNER: I understand very well that they would not then be
sovereign States, but my mind is not clear enough to be able to say
what they would virtually be.
Lord KITCHENER: They would be a new kind of "International Animal."
General SMUTS: As history teaches us, it has happened before that
questions were solved by compromises. And this draft proposal is as
near as we can come to colonial government.
Lord KITCHENER: Do you accept the annexations?
General SMUTS: Not formally, but I do not understand that this
proposal would be in conflict with the annexation proclamations.
Lord KITCHENER: I fear that my mind is not clear enough to understand
this. There will have to be two Governments in one State. And how do
you propose that the government should be carried on?
General SMUTS: A fuller explanation would have to be given to the word
_supervision_; and I thought that this was exactly the point which
could be further discussed, and on which we could negotiate.
Lord MILNER: I shall certainly not depart from a clear basis to accept
a vague basis.
Lord KITCHENER: I feel convinced that your proposal could never be
carried out in the practical government of a country.
Chief Commandant DE WET: I am also of opinion that our proposal is not
developed, just as little as the Middelburg proposals. This was
clearly intimated by Lord Kitchener and Lord Milner when those
proposals were made; and they were only considered as a basis on which
we could negotiate, so that the matter could be set going. We
naturally cannot bind the British Government to accept our
explanations; but it is in any case a basis.
Lord MILNER: I am very anxious that these discussions should not end
in smoke, and would not allow any formal point to stand in the way;
but to depart from the definite proposals of Middelburg (March 7th,
1901) to a thing like this, and to begin discussions anew thereon on
something that is very vague, will certainly land us in difficulties.
I believe that we are entitled to hold you to the Middelburg
proposals, which we can modify as far as details are concerned.
General BOTHA: Perhaps it will be well that you first reply to our
proposal.
Chief Commandant DE WET: I understand that unless Your Excellencies
are prepared to give a final answer to our proposals it would not be
unreasonable of us to request that you first submit them to your
Government.
General BOTHA: We have come here with the earnest desire to conclude
peace, and I think that if our proposal is developed Boer and Briton
will be able to live here side by side; and I assume that it is the
desire of both parties not to suppress one race. We wish to conclude a
peace, with which both parties are satisfied, and which will be
permanent in South Africa.
Lord MILNER: Our object is the same.
Lord KITCHENER: Your proposal will cause important alterations in our
proposals, to which we, in my opinion, cannot agree.
General BOTHA: I think that especially because a proposal has been
made from your side you must give a decided answer to our proposal.
Lord KITCHENER and Lord MILNER: Then alter your proposal into ours.
Lord MILNER: I do not believe that the British Government is prepared
to go further to meet you than they have gone in their last proposals.
In their opinion they went far on the way to peace, further than the
views of the British public.
Lord KITCHENER: The difference between our proposals, appears to me,
to be too wide.
General BOTHA: We always remain under the supervision of the British
Government.
Lord KITCHENER: Will you then consider yourselves as British subjects?
"Supervision" is a new word, and "Suzerainty" has given us too much
trouble.
General HERTZOG: The idea is not so new. There are, indeed, various
kinds of States which all belong to the British Empire, Basutoland,
for instance.
Lord MILNER: There are various kinds, but this is a new kind.
General HERTZOG: I trust Your Excellencies will understand us. We came
here not to lose a minute of time. We have been to the people. We know
what the people want and what the spirit prevailing amongst them is.
If we therefore hand in a proposal we have to take two matters into
consideration: (1) A proposal that will meet the British Government in
a reasonable manner; and (2) A proposal which we have reasonable
ground for believing our people will accept. For these reasons we
have submitted a proposal, and now we are in the disadvantageous
position that we are here before Your Excellencies, who have not full
authority to decide finally.
Lord KITCHENER: We are in the same position as you.
General HERTZOG: We suggest something which we know to be in
accordance with the spirit of our people, but it is impossible for us
to do something that is contrary to that spirit.
Lord MILNER: Must we understand that the Middelburg proposals are not
in the spirit of what your people wish?
General SMUTS: No answer has yet been given thereon. The only
resolution taken by the meeting of representatives is that which we
have submitted here.
Lord KITCHENER: Are you prepared to drop your proposal and to hand in
another nearer to the Middelburg proposals? We must try to find a
middle way. If we are here to try to arrive at something, let us try
to get something that we can discuss. Shall we make a new proposal?
General SMUTS: If there is a final answer to our proposal, then we can
take into consideration the question of putting forward a new one.
Lord MILNER: I believe the fact that you have refused to entertain the
proposals from the British Government does not justify us to deal with
your proposal. No, let us say that your reply is contained therein.
General SMUTS: I understand the position as follows: The British
Government has rejected our proposals, and at the same they point to
the old basis but without precluding us from making new proposals.
Lord MILNER: The entire difference between you and me is that I read
the letter of March 7th, 1901, as being the extreme concession that
the British Government could make, not so much to bind us to every
clause and sentence of the proposals contained therein, but as an
indication of how far they were prepared generally to go. Your reply
now is no reply.
Lord KITCHENER read out his telegram, dated "April 14th, 1902: A
difficulty has arisen in getting on with the proceedings. The
representatives state that constitutionally they have no power to
discuss terms based on the surrender of independence, inasmuch as only
the burghers can agree to such a basis; therefore, if they were to
propose terms, it would put them in a false position with regard to
their people. If, however, His Majesty's Government could state the
terms that subsequent to relinquishment of independence, they would be
prepared to grant, the representatives, after asking for the necessary
explanations, without any expression of approval or disapproval, would
submit such conditions to their people." He continued: "You have
evidently not adhered to what you undertook in this telegram."
Chief Commandant DE WET: If it was the intention that we should give
an answer only to the basis given us in the British proposals, it
would not have been necessary for the people to come to Vereeniging.
But yet we have virtually come with something which in the proper
sense of the word is almost similar to the Middelburg proposals, and
which meets the British Government as far as possible.
General BOTHA: I do not see why we should so insist on our proposal.
If it is not to the satisfaction of Your Excellencies, if it is not
acceptable, give us a definite reply.
Lord MILNER: We want to have a reply to the proposal made by us.
General SMUTS: I do not understand that a proposal was made by the
British Government. A certain basis only was laid down, and no formal
answer is therefore necessary.
Lord MILNER: Our proposals are six times as definite as yours, and I
am of opinion that the British Government are entitled to know whether
your people are inclined to come to terms on the general lines of
their proposals.
Lord KITCHENER: This is an entirely new proposal. How would it be if
you went back to the people and asked them whether they would not
accept our proposals?
General SMUTS: You must understand that the Middelburg proposals, with
all that took place here in April, was read out to the people. Their
reply was neither yes nor no, but the election of delegates. These
delegates have given no reply yet. They are still considering the
matter, and to save time they have delegated us to see whether we
could not come to an agreement.
Lord MILNER: We are deviating from the agreement. Tell us what
alterations you desire, and then lay our proposals before your people.
Lord KITCHENER: If you agree that your proposal is not in conflict
with the annexation, then we have done something.
General SMUTS: Is it your opinion that our proposal must be set aside?
Lord KITCHENER: Yes, certainly. It is impossible for us to act on it.
Lord MILNER: We cannot take your proposal into consideration. We can
send it to England, but it will certainly contribute to injure the
negotiations. This is my personal opinion, which, of course, you need
not accept. We can only say that this is all the reply that we can get
out of you.
Lord KITCHENER: It will be better to draft a new document in which we
note what is important and what not, and omit the unimportant.
General SMUTS: But Point 3 of our proposal has not even been touched
upon. We are prepared to give up a portion of our territory.
Lord MILNER: That would be inconsistent with the annexation of the
whole. If the whole is annexed by us, how can you part with a portion
of it?
General SMUTS: The portion we gave up would then become a crown
colony. The rest would be governed as proposed here.
Lord MILNER: You mean that one portion would become a British Colony
of the ordinary type, and the other portion a Protected Republic?
Lord KITCHENER: Two forms of government in the same country would
cause great friction. Our proposals are too divergent. From a military
point of view, the two forms of government could not exist. We would
be at war again in a year's time.
The meeting then adjourned until the afternoon.
During the adjournment the Republican Commission discussed the
situation and sent General Smuts to talk over a few matters with Lord
Kitchener and Lord Milner.
The Conference resumed at 4 o'clock.
Lord MILNER: In consequence of an informal conversation between
General Smuts and ourselves, Lord Kitchener and I have drafted a
document, which indicates the form in which we think the only
agreement which can be entered into must be worded. This is a draft
document which we think the Governments can subscribe to. Our idea is
that after it has been considered here, it can be submitted to the
burghers, and you can ask them: "Do you agree to our signing it?"
The document read as follows:
"The undersigned Leaders of the Burgher forces in the Field, accepting
on behalf of themselves and the said Burghers the Annexations notified
in Lord ROBERTS' Proclamations, dated respectively, the 24th day of
May in the year of our LORD 1900, and No. 15 dated the 1st day of
September in the year of our LORD 1900, and accepting as a result
thereof their position as British Citizens, agree forthwith to lay
down their arms, handing over all Guns, Rifles, and Munitions of war
in their possession or under their control, and to desist from any
further resistance to the Authority of His Majesty King Edward VII. or
his successors.
"They take this course on the faith of the Assurances of His Majesty's
Government that they and the Burghers surrendering with them will not
be deprived of their personal freedom or their property, and that the
future action of His Majesty's Government in dealing with the
results of the war will be in accordance with the declaration set
forth below.
"It is clearly understood that all Burghers, now Prisoners of war,
must, in order to participate in the benefits of the aforesaid
Assurances, signify their acceptance of the position as British
Citizens."
[Illustration: _Facsimile of a page of the Peace Proposals as
submitted by the British Representatives, and amended by the Boer
Representatives. The alterations are in the handwriting of Generals
Smuts and Hertzog._]
General BOTHA: Must we understand that our proposal has now been
entirely rejected?
Lord MILNER and Lord KITCHENER: Yes.
General BOTHA: Then I must understand that you are going to adhere to
the Middelburg proposals only?
Lord KITCHENER: No, we can alter them.
Lord MILNER: This draft document was originally drawn up to be
attached to the Middelburg proposals; but instead of the Middelburg
proposals, this document has now been substituted to enable us to cast
those proposals in another form.
General SMUTS: If, then, the idea is to alter the Middelburg
proposals, would it not be best to do so now and to attach them to
this document?
Lord MILNER: What takes the place of the Middelburg proposals must be
attached to this document as a schedule, and we must jointly work out
the schedule.
General SMUTS: I think it would be better if you alter the proposal
yourselves and then submit it to us for consideration, so that we can
consider what we shall do with it.
Lord KITCHENER: I am of opinion that a sub-committee out of yourselves
should be appointed to do that.
Lord MILNER: My idea is that the schedule can be drafted by two or
three of us, to be then considered by us as a whole.
General SMUTS: We would like to consider first whether we shall
assist.
Lord MILNER: I am willing to draft it with you or to let you draw it
up alone, but on the ground of my experience I do not wish to do it
alone.
General SMUTS: If we sign this document, would not the effect of it be
that we leaders would make ourselves responsible for the burghers
laying down their arms?
Lord MILNER: Yes, if the arms are not laid down, everything is a
failure.
Lord KITCHENER: I do not think so. If all do not lay down their arms,
the signatories cannot help it. There will always be some dissatisfied
ones.
General SMUTS: The document does not say so.
Lord KITCHENER: You can draft it differently.
General DE LA REY: Then there will be no peace, for a portion of the
burghers will remain to continue the war.
Lord MILNER: If the meeting of Representatives agrees to your signing
this document, then it certainly means that the burghers as a body
agree to it. And those who do not agree to it--I do not know what I
shall call them--"outlaws." We cannot suppose such a thing.
General BOTHA: That is why we want a peace that will be honourable for
both parties. And as I understand this document, we are now going
further; we are not only giving up our independence, but every burgher
is bound hand and foot. And where is, then, the honourable peace for
us? If we make peace we must do so as people who must live and die
here. We must not conclude a peace that is offensive to the feelings
of one party. I wish to do everything that is in my power to attain
that object, but it appears to me that this document demands too much,
because, if I understand aright, we must give up the independence,
everyone must lay down his arms, and the leaders must, in addition,
sign a promise.
Lord MILNER: All that we want is that those persons must live together
in peace as British citizens. If we do not attain that, I do not know
what we shall get.
Lord KITCHENER: I believe that the Commandant General does not realise
what the schedule contains. We say therein what we shall give.
Perhaps it will be best if the schedule comes first, and then you will
see that an honourable peace is proposed.
General BOTHA: Set the document forth more fully.
Lord KITCHENER and Lord MILNER: You must help us. We do not know what
the burghers desire.
Chief Commandant DE WET: To sign this document will place us in the
position which the Commandant General has described in plain words.
General DE LA REY: We cannot form an opinion about a thing that has
not been worked out. I have no objection to the appointment of a
sub-committee from our midst to assist.
General BOTHA: I also have no objection, for I clearly understand that
no one is bound.
Lord KITCHENER: No, no one is bound.
General DE LA REY: We also wish to have the matter at an end, and to
know what we have before us.
Chief Commandant DE WET: I wish it to be plainly understood that I see
no chance to accept a body of which I have here only seen the head.
This appears to me to be an unsurmountable difficulty. Holding this
opinion, it would not be honest of me to remain silent; it would not
be honest to Your Excellencies.
Lord KITCHENER: I think it would be better that General de Wet first
saw the entire document before he gives his opinion.
It was then agreed that General Hertzog and General Smuts would act as
a sub-committee to make a complete draft with Lord Kitchener and Lord
Milner, advised by Sir Richard Solomon.
The meeting then adjourned.
WEDNESDAY, MAY 21, 1902.
The Conference was resumed.
Lord Milner submitted the document which had been drawn up during the
adjournment with the assistance of the sub-committee.
The names of the members of the two Republican Governments were now
filled in.
The document given hereunder was telegraphed to the British
Government, the last paragraph of Clause II, which deals with the
Government notes, the receipts and the sum of L3,000,000, having been
added during the Conference between all the representatives of both
parties on the terms drafted by the sub-committee. (See page 125.)
[Illustration: _Facsimile of a page of the Peace Proposals as
submitted by the British and amended by the Boer Representatives. The
alterations are in the handwriting of General Smuts and Mr. Advocate
N. J. de Wet._]
The document was read out in English and Dutch, and was as follows:--
General Lord KITCHENER OF KHARTOUM,
_Commanding in Chief_,
and
His Excellency Lord MILNER,
_High Commissioner_,
on behalf of the BRITISH GOVERNMENT,
and
Messrs. S. W. BURGER, F. W. REITZ, LOUIS BOTHA, J. H. DE LA REY,
L. J. MEYER, and J. C. KROGH,
acting as the GOVERNMENT of the SOUTH AFRICAN REPUBLIC,
and
Messrs. M. T. STEYN, W. J. C. BREBNER, C. R. DE WET, J. B. M.
HERTZOG, and C. OLIVIER,
acting as the GOVERNMENT of the ORANGE FREE STATE,
on behalf of their respective BURGHERS,
Desirous to terminate the present hostilities, agree on the following
articles:--
1. The BURGHER Forces in the Field will forthwith lay down their Arms,
handing over all Guns, Rifles, and Munitions of War in their
possession or under their control, and desist from any further
resistance to the Authority of His MAJESTY KING EDWARD VII., whom they
recognise as their lawful SOVEREIGN.
The manner and details of this surrender will be arranged between
Lord Kitchener and Commandant General Botha, Assistant Commandant-General
de la Rey, and Chief Commandant de Wet.
2. BURGHERS in the Field outside the limits of the TRANSVAAL or ORANGE
RIVER COLONY, on surrendering, will be brought back to their homes.
3. All Prisoners of War, at present outside of South Africa, who are
Burghers, will, on their declaring their acceptance of the position of
Subjects of His MAJESTY KING EDWARD VII., be brought back to the
places where they were domiciled before the War.
4. The BURGHERS so surrendering or returning will not be deprived of
their personal liberty or their property.
5. No Proceedings, CIVIL or CRIMINAL, will be taken against any of the
BURGHERS so surrendering or returning for any Acts in connection with
the prosecution of the War.
6. The DUTCH language will be taught in public schools in the
TRANSVAAL and the ORANGE RIVER COLONY where the Parents of the
Children desire it, and will be allowed in COURTS of LAW when
necessary for the better and more effectual Administration of Justice.
7. The Possession of RIFLES will be allowed in the TRANSVAAL and
ORANGE RIVER COLONY to persons requiring them for their Protection, on
taking out a licence according to Law.
8. MILITARY ADMINISTRATION in the TRANSVAAL and ORANGE RIVER COLONY
will at the earliest possible date be succeeded by CIVIL GOVERNMENT,
and, as soon as circumstances permit, Representative Institutions,
leading up to Self-Government, will be introduced.
9. The question of granting the Franchise to natives will not be
decided until after the Introduction of Self-Government.
10. No Special Tax will be imposed on Landed Property in the TRANSVAAL
and ORANGE RIVER COLONY to defray the Expenses of the War.
11. A JUDICIAL COMMISSION will be appointed to which Government Notes
issued under Law No. 1 of 1900 of the SOUTH AFRICAN REPUBLIC may be
presented within six months.
All such notes as are found to have been duly issued in the terms of
that law, and for which the persons presenting them have given
valuable consideration, will be paid, but without interest.
All receipts given by the Officers in the Field of the late Republics,
or under their orders, may likewise be presented to the said
Commission within six months, and if found to have been given _bona
fide_ for goods used by the Burgher Forces in the Field, will be paid
out to the persons to whom they were originally given. The sum payable
in respect of the said Government Notes and Receipts shall not exceed
L3,000,000 sterling, and if the total amount of such Notes and
Receipts approved by the Commission is more than that sum, there shall
be a _pro rata_ diminution. Facilities will be afforded the Prisoners
of War to present their Government Notes and Receipts within the six
months aforesaid.
12. As soon as conditions permit, a Commission, on which the local
inhabitants will be represented, will be appointed in each district of
the TRANSVAAL and ORANGE RIVER COLONY, under the Presidency of a
Magistrate or other Official, for the purpose of assisting the
restoration of the people to their homes, and supplying those who,
owing to war losses, are unable to provide for themselves with food,
shelter, and the necessary amount of seed, stock, implements, &c.,
indispensable to the resumption of their normal occupations. Funds for
this purpose will be advanced by Government free of interest and
repayable over a period of years.
Lord MILNER: If we agree, it is the English document that will be
telegraphed to England, and it is that document upon which His
Majesty's Government will decide and which will be signed.
General BOTHA: Will a Dutch translation not be attached to it?
Lord MILNER: I have no objection that a Dutch translation be
annexed. Well, that is the document that we are prepared to submit to
the British Government.
General BOTHA: There are a few points I wish to talk about. The first
is with reference to receipts given by our officers. I would like to
have them added to the paragraph referring to the Government notes.
These receipts were given on instructions issued by our Government for
the purchase of cattle or grain or necessaries, for the support of our
commandos, and the chief officers now here, as well as all other
officers, have acted in accordance with these instructions and issued
receipts. For this reason, I make this request. Some of these receipts
were discharged in full, and others in part, in Government notes, but
many were not paid at all. I do not think that the amount is large,
but it will strengthen our hands by enabling us honourably to
terminate this matter, because our honour is in so far concerned that
we have signed these receipts. It will be a great point for us if we
can meet the delegates, most of whom are officers, and inform them
that they have been protected in this matter.
Lord KITCHENER: I understand that General Botha does not refer to
commandeer, or requisition notes, but only to actual receipts given on
the Treasury.
Lord MILNER: I do not see the difference between these receipts and
commandeer notes. The willingness of people to sell goods does not in
my opinion make any difference in a legal document.
Lord KITCHENER: I think that it does make a difference if it is an
order on the Treasury or a requisition note. I should limit this to
receipts on the Treasury, issued in accordance with the law, which
allowed that a certain sum could be spent.
Chief Commandant DE WET: In the Free State no resolution was taken
fixing the amount that could be spent.
Lord KITCHENER: Do you mean that this is an undefined amount, or that
it falls under the amount fixed by the Volksraad?
General SMUTS: The Volksraad authorised the Government to issue notes
to a certain amount, which was done. Apart from this law, the officers
in the field had the right to make purchases on behalf of the
commandos and to grant receipts therefor.
Lord MILNER: I see no difference between these receipts and
requisition notes, and, besides, it is for an unlimited amount.
General SMUTS: These receipts were issued under an entirely different
law. They were not paid out of the credit voted by the Volksraad.
Chief Commandant DE WET: I wish it to be plainly understood that I
fully agree with what has been said by the Commandant General, that
the honour of every officer is affected by these documents. And if
Your Excellencies agree, you give us a powerful weapon with which we
can return to the Delegates.
Lord MILNER: The proposal is, in fact, that the British Government
must pay all the money borrowed by the Republics to fight them.
Chief Commandant DE WET: But we were an honourable party in the fight,
and if we cease to be a party, it is only reasonable that we are met
on this matter.
General BOTHA: Must I understand from your attitude that we must hand
over everything, and that you must walk off with the assets of our
country, which amount to millions and millions, and take no
responsibility on yourselves for the debts? We are acknowledged by you
as a belligerent party, and, therefore, we have the more right to
expect that if you walk off with the assets of the country, you must
also take upon yourselves the responsibility for the debts; if the
British Government attains its great object, then a minor matter like
this ought not to stand in the way. We do not come here to haggle at
little things, but to contend for something that is an actual
difficulty, and you must agree that if we tell you something here, we
really mean it. And if we wish to make peace, every one must not draw
his own line, but we must take each other by the hand. Now we say that
this matter stands in our way. We personally have not signed so many
receipts, but the inferior officers who have signed the most mainly
constitute the meeting at Vereeniging. In some cases special persons
were appointed entrusted with this work.
Lord MILNER: We do not take over the assets of the country without its
liabilities. We take over all the debts which the country had before
the war, and we have even agreed to take over a debt--a lawful
debt--in the shape of notes, the contracting of which we are aware was
necessary only on account of the war, and therefore we already pay a
share of the expenses incurred to fight us. I thought that this was a
very great concession, and when I agreed to put it down, I said that I
thought, and I still think so, that the British Government would take
exception to it, although I hope that they will not do so. But to go
further than that and to ask that we shall pay not only a debt
incurred for the purposes of the war, but every debt incurred by every
officer of both armies for the purpose of fighting us, is in my
opinion a very extreme proposal. In reply to what General Botha has
said, I must say that the Commission appear to think that we have no
one behind us whose feelings and prejudices (if you wish it) we must
consider. If this will cause you difficulty with your burghers, the
proposal now made will, I am sure, cause the British Government the
greatest difficulties with the people whose feelings they must
consider.
Chief Commandant DE WET: I would like to explain the position of the
Orange Free State. In the Transvaal a law was passed authorising the
Government to issue L1,000,000 in notes. In the Orange Free State this
was not done, because the Government had the right to pay with
receipts, and we thought that a receipt was as good and lawful as the
notes. And therefore these matters have the same importance for me.
General BOTHA: I don't think that we should be so technical,
especially not in your case, because our being together here is with
the object of causing hostilities which involve great expenditure of
money every month, to cease, and our meeting can have the result of
speedily putting an end to these costs. And therefore, by accepting
our proposal and paying the receipts, you will greatly reduce your
expenses. It will be much cheaper to terminate the war by co-operation
than to let the negotiations be broken off; and therefore I think that
we must accede to points which stand in the way.
Chief Commandant DE WET: I can give His Excellency Lord Milner the
assurance that the idea always lived with the people that, even if
everything was lost, they would still, after the war, receive the
money in payment of the receipts. And therefore if this is not
conceded I cannot conceive what the result will be. I fear that
result, and hope that you will try to obviate it.
General BOTHA: It cannot be a particularly large amount; but we do not
know how much it is.
Chief Commandant DE WET: You can well imagine that our expenditure was
as a drop in a bucket compared with yours. And if I am not mistaken,
the Orange Free State had three-quarters of a million pounds when we
commenced the war; and the expenditure by means of receipts began
after that amount was exhausted. Your Excellencies must therefore
admit that these receipts impose upon us the same obligation towards
creditors as any other debt would have done.
General BOTHA: You have already many of our notes in your possession.
In one place, for instance, 50,000 were hidden and found by you.
General SMUTS: I have already privately used the argument with Lord
Milner that what we are now contending for has in principle already
been conceded by Lord Kitchener. In the Middelburg proposals the
payment of the Government notes was refused, but it was laid down that
receipts to the value of L1,000,000 would be paid out, and if this
should now be withdrawn it would certainly be a deviation from the
Middelburg proposals. The payment of notes is something lawful, and
stands on another footing; and I cannot understand how the payment
thereof could have been refused in the Middelburg proposals, and
therefore an agreement to pay them now is reasonable. But with
reference to receipts, the payment of them was partially acceded to,
and now it is withdrawn. I think that when we have arrived at such a
stage in the negotiations as we have now, then a point such as this,
which was as good as agreed upon, must no longer be a stumbling-block
to a final agreement. I believe that this amount is small. I was with
General de la Rey for one year in command of the half of the South
African Republic. Accounts were kept of all receipts, and where the
books are no longer in our possession they are in your possession. The
issue of these receipts took place in proper order and under proper
regulations, and books thereof were kept. As far as I have been able
to go into the matter the amount of receipts is really small. And
although Lord Milner recoils from the payment of an enormous amount
which may be presented for payment if our proposal be accepted, yet I
personally think that the fear is vain, and that the amount will prove
to be much less than you probably think.
Lord MILNER: I do not think it is so much a question of the amount.
This payment of Government notes and requisition notes is, in my
opinion, very reprehensible. I believe that in this respect I feel
what the great majority of the British people feels, that it would
rather expend a large sum after the war to improve the condition of
the people that has fought against them, than pay a smaller amount
towards the expenses incurred in fighting them. Whether this be right
or wrong, it is a strong feeling with which you must reckon. We do not
wish to pay the accounts of both parties, and the clause in the
Middelburg proposals with reference thereto was, in my opinion, always
one of the bad ones in that document. If something of this kind must
be done, then I think that the payment of the Government notes is not
so bad as the payment of the requisition notes. I put the point with
reference to the payment of notes in this draft proposal, because I
thought that if a choice had to be made between the payment of the
one or the other, you would consider it better that the Government
notes were paid. If it is considered better to go back to the
Middelburg proposals on this point, then, however much I object to it,
I would agree, if Lord Kitchener agrees.
General SMUTS: I fear that we cannot agree to that, because we
consider the Government notes indisputable.
General HERTZOG: I do not think that Your Excellency represents the
matter fairly when you say, for instance, that you do not wish to pay
the accounts of both parties. There is one matter with reference to
the Orange Free State which we must specially note. We have contracted
no loans and we have issued no Government notes. The notes we used
were South African Republic notes, of which some were sent to the
Orange Free State also. Our (Orange Free State) law is based on the
principle that in case of war, all cost could be met by commandeering
notes. This was acted on in the Orange Free State, and receipts in the
usual form or in the shape of requisition notes were given. If we take
this into consideration, and at the same time also the fact that we
have always acted, and still act, as a party which is a lawful
belligerent party, then we come and only say: from our side we give
all that we possess, and ask the other party to acknowledge only that
which if we had concluded a loan would in any case, in the shape of a
public loan, have fallen on the British Government, which takes over
everything from us. Lord Milner will thus understand that from our
point of view it is of as much importance for us to obtain payment of
these receipts as it will be for the South African Republic to obtain
the taking over by the British Government of the liability of a loan
concluded before the war. But I can even go further and give Lord
Milner the assurance that if we had also concluded a loan before the
war, we could never have acted so economically as we have done by
using receipts. That was also actually the reason why the Orange Free
State never wished to conclude a loan beforehand, because now we have
purchased only what was absolutely necessary for the day and for the
circumstances. So that really Lord Milner will have to admit that we
stand in the same position in respect to those who now hold receipts
as we would have stood to any other creditor that we may have had
before the war. I have already informally pointed this out to Lord
Milner, and can now only express my agreement with what the Commandant
General has said that this difficulty is almost insurmountable.
Lord MILNER: We can refer this to our Government; but your proposal is
entirely in conflict with the Middelburg proposals, because in them it
was absolutely refused to take over all State debts.
Lord KITCHENER: I wish that we could know the amount.
General DE LA REY: I issued Government notes to the value of between
L20,000 and L40,000; but to what amount receipts were issued I cannot
say.
Lord MILNER: There is really a compromise possible, namely, to allow
these notes and receipts to be presented, and to introduce again the
limit of L1,000,000.
Lord KITCHENER: Would that meet your difficulty?
General BOTHA: No.
Lord KITCHENER: Would L2,000,000 or L3,000,000 meet you? We want to
have a limit, so as to know what to do.
Chief Commandant DE WET: It is impossible to fix an amount.
Lord KITCHENER: If you could fix a limit it would clear up the matter.
Chief Commandant DE WET: With that I fully agree. I appreciate your
standpoint, but it is an absolute impossibility to name the amount.
Let us withdraw for a moment to discuss this point.
The meeting then adjourned and met again at 2.30 o'clock.
Chief Commandant DE WET: We have agreed to fix an amount of L3,000,000
for Government notes and receipts, which can be reduced _pro rata_ if
this amount is not sufficient. We have drafted a clause to submit to
you.
General Smuts read the draft, which is embodied in the last paragraph
of Clause 11 of the draft agreement. (See p. 117.)
In reply to Lord Kitchener:
Chief Commandant DE WET said: The prisoners-of-war on the various
islands who hold such notes ought also to have the opportunity for
presenting them.
Lord MILNER: What is your next point? We now understand what your
views are on this matter.
General BOTHA: Must I understand that we pass from this point?
Lord MILNER: That document contains your views which we now know.
General BOTHA: We must know what we must say to our delegates.
Lord KITCHENER: Is that the only point or will other points be raised?
General BOTHA: There is another point with reference to the protection
of debtors. This is a serious, a vital question for us.
Lord MILNER: There must be a good understanding between us.... Let
everything be embodied in one document.
General SMUTS: Most of the debts incurred before the war will be
payable at the conclusion of the war. And, if the debtors cannot pay,
we are afraid it will be ruination for a large proportion of the
population. And we would like to see that steps are taken to prevent
this. If Lord Milner intends to take such steps we should like to be
informed what they are.
Lord MILNER: I think it would be better if you made a proposal on this
point.
General SMUTS: Our proposal generally would be: that all interest
which became payable during the war be added to the principal sum, and
that the payment of the principal be put off until twelve months after
the conclusion of the war.
Lord KITCHENER: Is it necessary to have this as a proposal?
General SMUTS: If the Government is prepared to meet this difficulty
it is unnecessary to make a formal clause of it in the draft
agreement.
Lord MILNER: According to my view our Government makes certain
promises in this document, and I am of opinion that all promises to
which reference will later on be made must be embodied herein. Any
matter on which it is desired to bind the Government must be in this
document and not outside it. I will not say that I want further
clauses, but above all I wish to prevent misunderstanding.
General SMUTS: In that case we are prepared to propose a clause to
meet this difficulty.
General BOTHA: We raise this point so that early measures may be taken
if we come to an understanding. If a great portion of the population
become subjects of His Majesty, it is to the interest of everyone,
especially of the Government, to see that these people are not ruined.
They will be thrown on the Government, who will have to care for them.
If we do not take any steps now then speculators who have bought up
debts will demand payment immediately after peace is concluded; and as
soon as the courts of law are open they can sue the debtors, and we
want to guard against that.
Lord MILNER: I agree with the Commandant General that this is the view
which I take of the matter, and that as soon as these people become
subjects of His Majesty they must be cared for. But I think it is
neither necessary nor advisable to lay down in all particulars the way
in which His Majesty's Government must care for these people. I think
that there is perhaps an idea--perhaps a natural idea--that because we
have fought the burghers therefore when peace is concluded there will
be a feeling of enmity towards them. The contrary, however, is the
truth. From the moment hostilities cease our desire would naturally be
to try to gain the confidence of the burghers, and to attend to the
interests of the people. But if we must bind ourselves beforehand with
reference to the manner with which we shall deal with all sorts of
complicated legal questions, this will certainly lead to
misunderstanding. Naturally if a certain amount of confidence is not
reposed in us, that we shall try to be a just government, and try to
keep the balance even between the various classes of His Majesty's
subjects, then all I can say is this: Put in writing all that you can
possibly think of, and let us submit it to His Majesty's Government
and see what they think of it.
Chief Commandant DE WET: I hope it will not be presumed that we sit
here to bind the hands of His Majesty's Government. Sufficient other
points will continually crop up by means of which the Government can
gain the confidence of the population. But with reference to the
financial condition of the burghers who have been entirely ruined, we
feel ourselves obliged to make some arrangement which will be a weapon
in our hand when we return to the delegates.
General BOTHA: I do not quite understand Lord Milner. I did not
understand from Chamberlain's telegram that we should make new
proposals to bind your hands. I understood that proposals should be
made with the object and the wish to secure peace.
Lord KITCHENER: I do not think it quite necessary to embody this
proposal in the document. It concerns a very complicated legal
question, as to what the rights of creditors and debtors will be, and
what the law in the Transvaal precisely is on this subject. I think
that everyone may feel assured that the interests of the Boers will be
protected equally well by the Government in every possible way,
whether this point is actually stipulated or whether it is left over
to the Government with the recommendation of this Commission to take
the matter into serious consideration. I think that my suggestion is a
better way of dealing with such a complicated question. Let the
attention of the Government rather be drawn to it. I may be wrong, but
as far as I know this will be an intricate question for lawyers, and
it would take a long time to state it clearly. It is the desire of us
all that you should go to the meeting of your delegates so equipped
that you will be able to come to a decision; and I would therefore
suggest that you be satisfied that the matter has been brought before
us, and entered on the minutes of the meeting. That is, I believe, as
far as it is necessary for you to go. The matter can then be taken
into serious consideration, not only here, but also in England. And
you can be perfectly assured that your interests will be considered in
every possible way.
General DE LA REY: I think that the matter has been sufficiently
brought to the notice of Your Excellencies, and that it need not be
embodied in the draft contract, because by doing so one might possibly
be infringing on legal principles.
Chief Commandant DE WET: I proceed from this standpoint: There are two
parties, and the one ceases entirely to exist, and it is thus natural
that that party cannot allow such a vital question to pass by
unobserved. And therefore I cannot approve of it that the matter be
not inserted in the draft contract. It will not be necessary to bind
the Military Government that exists at present and will continue to
exist after the war.
Lord KITCHENER: But this question will have to be dealt with by the
civil Government. It is a matter for lawyers, and will have to be
submitted to them and demand much consideration.
General BOTHA: If hostilities are terminated now a burgher can be sued
for debt incurred before the war. I prefer this request, because our
law lays down that no burgher can be sued until sixty days after the
conclusion of peace.
Lord KITCHENER: You may rest fully assured that when the war is over
every burgher will have the absolute right to have his position taken
into consideration on all points, and that his interests will be
protected by the Government just as much, I believe, under the new as
under the old _regime_.
General BOTHA: I understand that quite well; but the possibility
exists that syndicates may be formed to buy up all debts, and the
people be ruined before a single burgher is in a position to earn
something or to establish his position.
Lord KITCHENER: I quite agree with the Commandant General, and he does
right to raise this question. But I do not believe that the draft
contract is the place in which to bring the question forward. When
there is peace, it is the duty of everyone to draw the attention of
the Government to what is necessary to help the people. But to imagine
difficulties now, and to try to put them right, appears to me to be an
endless matter, for which this document is not intended.
Chief Commandant DE WET: I understand that this is something that must
be settled by a proclamation, but I want to have as many weapons as
possible in my hand when I go back to the Delegates; and one of the
first questions which they will put is: "What guarantees have we that
we shall not be ruined by our creditors?" And what objection is there
that a draft proclamation be given to us to take to Vereeniging, which
will be promulgated as soon as peace is concluded?
Lord KITCHENER: But this will be something apart from this agreement.
Chief Commandant DE WET: Yes.
Lord MILNER: What is the good of it then?
Chief Commandant DE WET: It is such a vital question for us that it
cannot be taken amiss in us if we insist upon it, because we must give
up everything.
Lord KITCHENER: Of course no one takes it amiss in you.
Lord MILNER: But I must point out without taking it amiss in anyone
that the effect of what you propose would be that another clause would
have to be embodied in the draft contract undertaking to promulgate
such a proclamation.
Lord KITCHENER: I believe that if the Delegates received the assurance
that the Government will take this matter into consideration in the
interests of their subjects, whom they must protect, that this will be
sufficient for them. There will be no written obligation, but only an
obligation that the matter will be considered. It is not advisable to
press this matter with the Government, after it has been brought
before them. The opinions of the burghers will be brought before Lord
Milner in other ways also.
Chief Commandant DE WET: There are many other small points which we
could take up, which it would, however, not be desirable to do, but we
are now speaking of a vital question.
Lord KITCHENER: This is one of those questions which, if brought to
the attention of the Government, cannot be set aside. And you may
inform the burghers that their interests will be protected as much as
possible. I think that this ought to be sufficient for you on such a
complicated matter. What is spoken here is being taken down, and the
minutes will be considered not only here, but also in England. Are you
satisfied with that?
General BOTHA: As far as I am personally concerned, yes.
Chief Commandant DE WET: So am I.
Lord MILNER: I hope it is understood that if the matter is left here,
there is no obligation on my Government to deal with the matter in a
particular way.
Lord KITCHENER: But there is a pledge that the matter will be properly
considered.
Lord MILNER: Yes, of course, if we are going to put an understanding
on record. Solemnly I think it is necessary that we understand that
this document contains everything concerning which there is anything
in the form of a "pledge."
Lord KITCHENER: There is thus a "pledge" that this point which you
have raised will be considered in your interest.
General SMUTS: Now the question with reference to the payment of
receipts still remains.
Lord KITCHENER: That will be referred to the British Government. As
regards the amount, that is an essential point, but I am of opinion
that the amount is high. I would like to know whether it is understood
now that we are agreed on all these draft proposals with your
amendment? And that there are not any other matters? Because they
will have to be telegraphed to England.
Chief Commandant DE WET: We have no other matters.
Lord MILNER: The proposed telegram which I wish to transmit reads as
follows: "The Commission is prepared to submit the following document
to the meeting of representatives of their Burghers (if it is approved
of by His Majesty's Government), and to ask that meeting for a 'yes'
or 'no' vote." Is that good?
Chief Commandant DE WET: Yes, naturally, except that I cannot say that
that document is approved of by me; but I will abide by what the
Delegates do.
General HERTZOG: I would not like it to be understood that we will use
our influence with the Delegates.
Lord MILNER: I think that that is quite understood. I do not
understand that this binds the members of the Commission with
reference to the opinion which they may express before the Burghers.
It only binds them to lay this document before the people, if the
British Government approves of it. The telegram which I have just
read, and propose to send, makes this clear. I further wish to say
that we have departed very much from the Middelburg proposals, and I
believe it is fully understood that the Middelburg proposals are
absolutely dead, and if this document is agreed to and signed, there
can then be no attempt to explain this document or the terms thereof
by anything in the Middelburg proposals.
The meeting then adjourned.
WEDNESDAY, MAY 28, 1902.
The Commission again met Lord Milner and Lord Kitchener at 11 a.m. to
hear the reply of the British Government to the draft proposal
submitted to them by their Lordships.
Lord Milner read the following Memorandum: "In reply to our last
telegram drafted at our last meeting with the consent of the
Commission, and of which they have received a copy, the following
message has been received from His Majesty's Government: 'His
Majesty's Government approves of submitting to the Meeting for a "yes"
or "no" vote the document drafted by the Committee, and transmitted to
the Secretary of State for War by Lord Kitchener on May 21, with the
following alterations[4]:
[Footnote 4: Compare the first document, page 116, with what
follows here.]
General Lord KITCHENER OF KHARTOUM,
_Commanding-in-Chief_,
and
His Excellency Lord MILNER,
_High Commissioner_,
on behalf of the BRITISH GOVERNMENT,
and
Messrs. S. W. BURGER, F. W. REITZ, Louis BOTHA, J. H. DE LA REY,
L. J. MEYER, and J. C. KROGH,
acting as the GOVERNMENT of the SOUTH AFRICAN REPUBLIC,
and
Messrs. M. T. STEYN, W. J. C. BREBNER, C. R. DE WET, J. B. M.
HERTZOG, and C. OLIVIER,
acting as the GOVERNMENT of the ORANGE FREE STATE
on behalf of their respective BURGHERS,
desirous to terminate the present hostilities, agree on the following
Articles:--
1. The BURGHER Forces in the Field will forthwith lay down their Arms,
handing over all Guns, Rifles, and Munitions of War, in their
possession or under their control, and desist from any further
resistance to the Authority of HIS MAJESTY KING EDWARD VII., whom they
recognise as their lawful SOVEREIGN.
The manner and details of this Surrender will be arranged between Lord
Kitchener and Commandant-General Botha, Assistant Commandant-General
de la Rey, and Chief Commandant de Wet.
2. Burghers in the Field outside the limits of the TRANSVAAL and
ORANGE RIVER COLONY, and all Prisoners of War at present outside South
Africa, who are Burghers, will, on duly declaring their acceptance of
the position of subjects of HIS MAJESTY KING EDWARD VII. be gradually
brought back to their homes as soon as transport can be provided and
their means of subsistence ensured.
3. The BURGHERS so surrendering or so returning will not be deprived
of their personal liberty or their property.
4. No Proceedings, CIVIL or CRIMINAL, will be taken against any of the
BURGHERS so surrendering or so returning for any Acts in connection
with the prosecution of the War. The benefit of the Clause will not
extend to certain Acts contrary to the usages of War which have been
notified by the Commander-in-Chief to the Boer Generals, and which
shall be tried by Court Martial immediately after the close of
hostilities.
5. The DUTCH language will be taught in Public Schools in the
TRANSVAAL and the ORANGE RIVER COLONY, where the Parents of the
Children desire it, and will be allowed in COURTS of LAW when
necessary for the better and more effectual Administration of Justice.
6. The Possession of Rifles will be allowed in the TRANSVAAL and
ORANGE RIVER COLONY to persons requiring them for their protection, on
taking out a licence according to Law.
7. MILITARY ADMINISTRATION in the TRANSVAAL and ORANGE RIVER COLONY
will at the earliest possible date be succeeded by CIVIL GOVERNMENT,
and, as soon as circumstances permit, Representative Institutions,
leading up to Self-Government, will be introduced.
8. The question of granting the Franchise to natives will not be
decided until after the introduction of Self-Government.
9. No Special Tax will be imposed on landed Property in the TRANSVAAL
and ORANGE RIVER COLONY to defray the Expenses of War.
10. As soon as conditions permit, a Commission, on which the local
inhabitants will be represented, will be appointed in each District of
the TRANSVAAL and ORANGE RIVER COLONY, under the Presidency of a
Magistrate or other official, for the purpose of assisting the
restoration of the people to their homes and supplying those who,
owing to war losses, are unable to provide for themselves, with food,
shelter, and the necessary amount of seed, stock, implements, &c.,
indispensable to the resumption of their normal occupations.
His Majesty's Government will place at the disposal of these
Commissions a sum of three million pounds sterling for the above
purposes, and will allow all notes, issued under Law No. 1 of 1900 of
the GOVERNMENT of the SOUTH AFRICAN REPUBLIC, and all receipts, given
by the officers in the field of the late Republics or under their
orders, to be presented to a JUDICIAL COMMISSION, which will be
appointed by the Government, and if such notes and receipts are found
by this Commission to have been duly issued in return for valuable
consideration, they will be received by the first-named Commissions as
evidence of War losses suffered by the persons to whom they were
originally given. In addition to the above-named free grant of three
million pounds, His Majesty's Government will be prepared to make
advances as loans for the same purposes, free of interest for two
years, and afterwards repayable over a period of years with 3 per
cent. interest. No foreigner or rebel will be entitled to the benefit
of this Clause."
Lord MILNER: In submitting this communication to the Commission, we
are instructed to add that if this opportunity of concluding an
honourable peace is not availed of within a time to be fixed by us,
the Conference will be considered at an end, and that His Majesty's
Government will not in any way be bound by the present terms. In order
that there may be no misunderstanding with reference to these terms, I
have made a copy of the document and of Lord Kitchener's telegram,
with the additions and alterations made by His Majesty's Government
with a memorandum of what I have now said.
A discussion followed over the time that would be required to consider
the matter at Vereeniging, and it was agreed that General Botha would
propose a time-limit before the Committee left Pretoria that day.
This was done later on, and the time was fixed for Saturday evening,
May 31, 1902, at the latest.
General Botha asked whether there would be any objection to the
Delegates deleting some clause or other from the proposal now
submitted by the British Government?
Lord MILNER: There can be no alteration. There must simply be a reply
of "yes" or "no."
General Botha thought that they had the right to alter one or more of
the clauses, because the burghers in the field had the right to
surrender unconditionally.
Lord Milner said that the burghers could naturally do so. But the
document from the British Government could not be altered.
THE COLONIAL REBELS.
Privately, much discussion had already taken place in the interests of
the Colonials who had fought on the Republican side, and an informal
conversation now followed on this subject.
Lord Milner communicated what the British Government intended to do
with these Colonists, which intention appears from the following
document which he read:--
"HIS MAJESTY'S GOVERNMENT must place it on record that the treatment
of CAPE and NATAL Colonials who have been in Rebellion, and who now
surrender, will, if they return to their Colonies, be determined by
the Colonial Governments and in accordance with the Laws of the
Colonies, and that any BRITISH Subjects who have joined the Enemy will
be liable to trial under the Law of that part of the BRITISH EMPIRE to
which they belong.
"HIS MAJESTY'S GOVERNMENT are informed by the Cape Government that the
following are their views as to the terms which should be granted to
BRITISH Subjects of the Cape Colony who are now in the Field or who
have surrendered or have been captured since April 12, 1901. With
regard to Rank and File, that they should all upon surrender after
giving up their Arms sign a document before the Resident Magistrate of
the District in which surrender takes place acknowledging themselves
guilty of High Treason, and that the Punishment to be awarded to them,
provided they shall not have been guilty of Murder or other acts
contrary to the usages of Civilised Warfare, should be that they shall
not be entitled for life to be registered as Voters or to vote at any
Parliamentary, Divisional Council, or Municipal Election.
"With reference to Justices of the Peace, and Field Cornets of the
Cape Colony and all other persons holding an Official Position under
the Government of the Cape Colony, or who may occupy the Position of
Commandant of Rebel or Burgher Forces, they should be tried for High
Treason before the ordinary Court of the Country or such special
Courts as may be hereafter constituted by Law, the Punishments for
their Offence to be left to the discretion of the Court, with this
proviso, that in no case shall the penalty of Death be inflicted.
"The NATAL Government are of opinion that Rebels should be dealt with
according to the Law of the Colony."
The Conference then broke up. The secretaries, assisted by Advocates
N. J. de Wet and Igns. S. Ferreira immediately commenced with the task
of making copies and translations of the proposals of the British
Government for the use of the Meeting of the Delegates at Vereeniging.
This work occupied them till the evening.
At 9 o'clock p.m. the Commission left for Vereeniging by special
train.