[Footnote 13: Consisting of one officer, one sergeant and thirty-three

rank and file of the Natal Carbineers (with forty rounds of ammunition

per man), and twenty-five mounted Basutos; of the latter, seventeen

had various kinds of guns (with about three charges apiece); the other

eight were armed only with assegais.--_A Soldier's Life and Work in

South Africa_, edited by Lt. Col. E. Durnford, London, 1882, p. 32.]

[Footnote 14: The strength of columns at 11th January was: _European

troops_--85 Staff and departments, 263 Royal Artillery (20 guns--7 and

9 pdrs., 2 rocket tubes, 8 rocket troughs), 5,128 infantry and 1,193

cavalry = 6,669 (of these, 292 were from Natal mounted volunteer corps

and 80 Natal Mounted Police). _Native troops_--315 mounted, 9,035

infantry = 9,350; making a grand total, including 1,910 conductors,

drivers and voorloopers, of 17,929 officers and men.

After the Isandhlwana disaster, another 10,000 men from England, Ceylon

and other parts were sent as reinforcements, disembarking at Natal at

the beginning of April.

The _losses in action were_: Killed--(Europeans) 76 Officers (including

the Prince Imperial of France), 1,007 N.C.O. and men; (Natives) 604.

Wounded--(Europeans) 37 Officers, 206 N.C.O. and men; (Natives) 57.

The returns are incomplete as regards Native casualties. Between

11th January and 15th October, 1879, 17 Officers and 330 men died of

diseases consequent on the operations. The total cost of the war was

£5,230,323.--_Narrative of the Field Operations connected with the Zulu

War of 1879._ War Office publication. London, 1881.

A Natal official return (1880) shows that, in addition to a reserve

of 360 Europeans and 2,500 Natives, the Natal forces called out were:

Natal Mounted Police, 130; Volunteers, 582; Levy leaders, etc., 86;

Natives, 20,037. Total, 20,835.]

[Footnote 15: Dinuzulu's mother, a daughter of a commoner, Msweli,

was a concubine and never became Cetshwayo's chief wife. There was a

posthumous son by the chief wife, called Manzolwandhle, now a Chief in

Nqutu district, Zululand, who would, under ordinary circumstances, have

succeeded his father, but, with the country in an unsettled condition

at the ex-King's death, it was decided that Dinuzulu, because the only

son then living, should be recognized as head of the Zulu House.]

[Footnote 16: The Imperial Government did not at any time recognize

Dinuzulu as a king.]

[Footnote 17: The name means "_water of the ocean_," in memory of the

voyage that was made by his father to England.]

[Footnote 18: Where Mkuze River passes through the Ubombo Range.]

[Footnote 19: No. 37, 1897 (Natal).]

II.

SYSTEM OF NATIVE ADMINISTRATION IN NATAL.

When the first colonists arrived, there were, as has been seen, but

few aboriginal inhabitants, so few that nothing in the shape of formal

government could exist. Gradually, however, refugees from Zululand

and various parts of Natal proper began to attach themselves to the

British settlers. And so, by 1835, the population at Port Natal had

grown to about 4,000. Capt. Allen F. Gardiner, R.N., who arrived in

the year referred to, accordingly found it necessary to enter into a

treaty with Dingana (May, 1835) in the name of the settlers at Port

Natal, wherein the latter engaged themselves "for the future never to

receive or harbour any deserters from the Zulu country ... and to use

every endeavour to secure and return to the King every such individual

endeavouring to find an asylum among them."[20] In the following year,

the British Government appointed Gardiner, at his own request, a

Justice of the Peace, without, however, providing for the execution of

the powers so conferred. The result was a protest on the part of the

pioneers, and an immediate and complete failure by Gardiner to assert

his authority.[21] A petition from the residents to the effect that

Natal, to which they had given the name of "Victoria" in honour of our

late revered Queen, then Princess, should be recognized "as a Colony

of the British Empire," met with no encouragement from the Imperial

Government. And so it happened that practically no regular government

existed when the Boers arrived in 1837-39.

The relations between the voortrekkers and the Zulus have been already

touched on. Although, with the defeat and death of Dingana, the menace

of the Zulu power had been temporarily removed, the installation of his

brother Mpande as Paramount Chief meant a continuance of the military

and tribal systems, though in a modified degree. The Boers governed

on somewhat similar lines such aboriginals as they found already in

the country, or those who, since the arrival of the Boers, had fled

there from across the Tugela.[22] No reservations were at that time

set apart for the occupation of the Natives, the Boer custom being to

treat them as squatters when living on lands occupied by Europeans,

and require them to render service in lieu of paying rent.[23] No

equality as between Europeans and Natives was permitted. Had Boer

administration continued in Natal, steps would probably have been taken

to prohibit further ingress of refugees; such as were unprepared to

serve would, probably, have been refused an asylum and compelled to

return to Zululand or to the district between Umkomanzi and Umzimkulu

Rivers, if not still further south.[24] As it was, in 1843, when

that administration came to an end, there were between 40,000 and

50,000 refugees in Natal (exclusive of some 5,000 or 6,000 original

inhabitants), notwithstanding the treaty above referred to.[25] The

British settlers at the Port, however, looked upon themselves as

wholly independent both of the Boers and of the Zulu King, and accorded

the refugees and all others living under their protection similar

concessions in the matter of self-government, if somewhat more liberal.

The same disposition to allow Natives to live in accordance with their

ancient laws, habits and customs--so long as these were not repugnant

to civilized usages--is seen in the Instructions issued in March,

1848, by the Imperial Government to the first Governor. By that time,

the Native population had increased to over 100,000. So significant

is the 28th clause and so pivotal in the long government subsequently

maintained, that it would be well to notice it in its original, though

slightly abbreviated, form: "And whereas the said District of Natal

is inhabited by numerous Tribes, ... whose ignorance and habits unfit

them for the duties of civilized life, and it is necessary to place

them under special control, until, having been duly capacitated to

understand such duties, they may reasonably be required to render ready

obedience to the Laws ..., We do hereby declare it to be our Will and

Pleasure ... that, in assuming the sovereignty thereof, we have not

interfered with or abrogated any Law, Custom or Usage prevailing among

the Inhabitants previous to the assertion of sovereignty ... except so

far as the same may be repugnant to the general principles of humanity

recognized throughout the civilized world...."

The same Instruction, whilst further declaring that, civil or criminal

jurisdiction of the Chiefs had not been abrogated, went on to reserve

to the Crown the right of amending Native laws, and providing for

better administration of justice among them, "as may be found

practicable."

It is not intended here, of course, to trace, step by step the

development of Native policy from the issue of the Instruction here

quoted to the introduction of responsible government in 1893, and on

to the establishment of the Union of South Africa. It will suffice,

perhaps, to observe that the key-note thereof has, all along, been to

govern these people in accordance with principles inherited from, and

followed by, their race from time immemorial. It has been a cardinal

feature of this policy "to make haste slowly," on the ground that a

change, not spontaneously desired by the majority of the people, is

detrimental to their interests. Moreover, it is productive of unrest

if forced on by a government pledged to administer the affairs of its

own race on lines radically and obviously different. Consequently,

in the endeavour to maintain what every humane man will agree is a

laudable practice, Natal, by steadily marking time in the interests of

the people, and in order to fulfil what, after all, is the greatest

function of government, viz. to endeavour to promote the happiness

and contentment of all her subjects, has laid herself open to the

charge of _doing nothing_. If what she has done for the Natives in the

way of prohibiting cherished habits and customs of untold antiquity;

abrogating laws of various kinds long familiar to the people; urging

them to hasten to educate themselves and their children in accordance

with European, that is, foreign standards; persuading them to forsake

their own creeds to adopt one or other of the numerous forms of

Christianity--if these be the only evidences of action, then it would

seem Natal has not a great deal to advance. But, if there be other

standards by which a government that presides over the destinies of a

lower race may be judged, if any merit attach to a government which,

while it does not actively repress legitimate aspirations, reasonably

assists the people, whilst penalizing practices such as witchcraft,

putting to death without trial and marrying off girls without their

consent, and ordains "that there shall not be in the eye of the law any

distinction or disqualification whatever, founded on mere distinction

of colour, origin, language, or creed, but that the protection of the

law, in letter and in substance, shall be extended impartially to all

alike," also "that slavery in any shape or under any modification is

absolutely unlawful"; if, we say, there be any merit in these things,

then the policy of Natal in the past, if it appears to have been

somewhat wanting in energy, has at least been friendly; if it has

not caused the people to 'progress' with leaps and bounds, it has at

least recognized that _natura non facit saltum_ is as true to-day as

it was in the time of Aristotle, and as it will be ten thousand years

hence; if it has not sought to impress the European character in all

its complexity on a race fashioned in moulds vastly different to those

of Europeans, it has preferred to rely on nature to produce such a

character as she will produce, regardless of any well-intentioned

efforts of impassioned promoters of a civilization which, to say the

least, would appear to be not altogether without spot or blemish.

The government of the lower races is a problem of stupendous

difficulty, not because of any fear lest, being badly ruled, they will

combine _à la militaire_ to wreak vengeance on those they consider

their oppressors, but chiefly because of the ever-changing legal,

political and social position that has to be accorded them within the

limits of the British system, framed, as that was, for people whose

members are admittedly on a footing of equality with one another.

But, although government of the Natives mainly in accordance with

their own laws and customs has been the outstanding feature of Natal's

policy, changes being introduced with care and deliberation as they

appeared to be necessary, there have not been wanting occasions

on which, instead of being sympathetic, her administration has

been cold and artificial; instead of being content with advance in

harmony with nature's slow processes, she has imposed laws involving

sudden and widespread change; instead of being occasional and simple

to understand, the laws have been frequent and to some extent

unintelligible, having in view rather the benefit of the higher than of

the lower race. Instances of such inconsistency will be given later;

for these, indeed, are the stuff out of which the bonfire of the

Rebellion was built up. Had Natal been true to herself, had she but

steadily adhered to the general principles above outlined, it is not

too much to say, there would have been no Rebellion.

On the initiation of Native "own-laws" policy in Natal, the Imperial

Government took steps to see that it was followed in the letter as

well as in the spirit. The officer selected as the principal exponent

thereof was Theophilus Shepstone, a young man of but twenty-eight years

of age, who, having arrived in the Cape Colony with his father in 1820,

with the Albany Settlers, had lived nearly the whole of his life in

Native areas north-east of Grahamstown. The proficiency attained by him

in the Native dialects was remarkable, so much so, that he was able, on

the one hand, materially to assist the Rev. W.B. Boyce in discovering

the underlying philological principle of the Bantu languages known

as the _euphonic concord_, and, on the other, to be employed by the

Imperial Government in the Cape Colony at the age of eighteen as

interpreter and negotiator of treaties with important Native Chiefs,

during a critical period. No more competent officer could have been

found for the post of Diplomatic Agent, as it was at first called,

especially as he had recently and for seven years been in personal

charge at Peddie of various Zulu tribes--locally known as amaMfengu or

Fingos--who had, since 1820, been driven out of Natal and Zululand by

Tshaka and Dingana's inhuman tactics.

The story of Shepstone's early connection with the tribes on the then

eastern frontiers of the Cape Colony is itself matter of history, and

we cannot stay to consider it, it being enough to note the experience

brought by this brilliant young officer to the discharge of the

peculiarly difficult duties of his new post.[26]

Shortly after his arrival, he, along with Dr. William Stanger,

Lieutenant Charles J. Gibb, R.E., and Messrs. N. Adams and D. Lindley

(American Missionaries), were commissioned to lay off tracts of country

known as "locations," suitable for Native occupation, and conveniently

situated in respect of areas inhabited, or in the near future to be

inhabited, by Europeans.[27]

At first, six or seven locations of about 50,000 acres each, were laid

off, followed later on by others, until, in 1906, the aggregate area so

set apart amounted to 2,262,066 acres. Arrangements were made for the

whole of these lands to be vested in trustees appointed under Letters

Patent.[28] A singularly wise provision by the Imperial Government was

that such trustees should be the officer-administering-the-government

for the time being, together with the members of the executive council.

By this means, Native interests were effectually protected against

any pressure that might be brought on the Government in the future by

would-be European or Asiatic purchasers.

Another early work of importance which Shepstone performed with tact,

and credit to himself, was the levying of a tax of 7s. on every Native

hut. By 1845, the coloured population had risen to nearly 100,000. As

control of so great a number, scattered over many parts of the Colony,

involved considerable expense, it was only fair that the people should

contribute to the revenue, seeing they were securing the very real

benefit--of which the younger generations are too often oblivious--of

being completely protected against the tyranny of their quondam rulers.

The odd amount of 7s. was made up thus: 5s. "in respect of each hut;

it being understood that every kraal, having the usual establishment

of a Native kraal, that is, cattle and cultivated ground, whether in a

location or on private farms, should be subject to this property and

protection tax";[29] and 2s. "as a quit rent for land on all kraals

or villages residing either in the locations or on government land

without any location."[30] Some twenty years later, the tax, which in

reality was in respect of wives--Zulus, like all Bantu races, being

polygamists--was doubled. By that time, however, the people were

earning far higher wages, whilst labour was readily procurable among

the steadily increasing European immigrants.

Shepstone, in 1856, when, under "Royal Charter," a representative

legislature was first established in Natal, ceased to be styled

Diplomatic Agent. He then became Secretary for Native Affairs. This

office he only relinquished some twenty years later, on proceeding

to the Transvaal in connection with a mission too well known to

need explaining here. Throughout this long period (1845-1876), he

had controlled the Natives with consummate tact and ability and, on

several occasions, undertaken missions of much delicacy and importance

to Zululand and elsewhere, invariably with success and credit to

the Government. Although his policy, so well known as to be usually

referred to as the "Shepstonian policy," has been charged with being

one of _laissez faire_, the mere absence of war between 1845 and 1906

is eloquent and abundant testimony of its worth. To this day, thousands

of Natives deplore the setting aside of such natural and well-tried

methods for those more in accordance with European civilization.

One of the consequences of upholding Native law was the introduction

of a system of labour known as the _isibalo_ or modified corvée. This

system originated about the year 1848, on the occasion of the road

between Durban and Pietermaritzburg being in a bad and impassable

state. The Lieutenant Governor, in his capacity as Supreme Chief,

thereupon called out a party of Natives, who were paid fair wages, to

effect the necessary repairs. Owing to certain political excitement,

the system was discontinued shortly after 1854, but, on its resumption

in 1858, it remained continuously in vogue until 1911, when the

Union Government, instead of introducing regulations to correct

the prevailing abuses, merely refrained from using the power of

requisitioning labourers, which still, however--the people being as

uncivilized as they are--rightly exists in the law.

During the Zulu regime, it was customary for the king to call at any

time on young men to serve on public works, such as building royal

apartments, erecting cattle enclosures, hoeing and weeding crops. Under

the new order of things, the necessary authority being vested in the

Supreme Chief, steps were taken, from time to time, to call youths out

for service on public works, notably those connected with roads, the

difference between the old system and the new being that, whereas in

former days Natives received no remuneration whatever for their labour,

they were, under European government, paid a fair wage, even though

somewhat less, as sometimes happened, than what was obtainable in the

open market.

Notwithstanding that excellent and plentiful rations were supplied,

and the hours and conditions of labour all that could be desired, the

_isibalo_ became unpopular, owing largely to the favouritism shown,

in later years, by Chiefs,[31] and to the ease with which some of

these officers were induced to accept bribes from those anxious to be

exempted. Abuses of this kind could, of course, have been effectually

put a stop to by modifying the system and controlling it with

better-framed regulations.

Special mention of the _isibalo_ has been made here because, being

unpopular, its systematic enforcement, especially in later days, when

many Natives had become educated and capable of earning higher wages

than those allowed, may be said to have contributed in some degree to

the dissatisfaction with European administration that prevailed prior

to the Rebellion. However, it is but fair to remark that, in practice,

only one in thirty of those liable and able to work was ever called on

in any year, and then for never more than six months at a time. The

duty of seeing that individuals were not too frequently enrolled, that

they were not physically unfit, and that each of the 238 tribes in

Natal proper furnished its right proportion of labourers, devolved on

the Native Affairs Department and the Magistrates. These duties were

generally discharged in a careful manner, irregularities being checked

as soon as they were brought to notice. Owing, however, to changes in

conditions of living, the system, originally adapted to a state of pure

tribalism, could not be carried out in all respects with the desired

fairness. It called not so much for abolition or discontinuance as for

modification, at any rate at that particular time (1910). The practice

of exacting labour, within the restricted limits referred to, proved

to be a valuable stimulus, especially in earlier days, when the people

knew practically nothing about manual work. Boys living in far-off,

secluded locations, who would otherwise have devoted their lives to

courting girls, drinking beer, and faction fighting, were compelled

to go out and work--not on the public roads unless specially ordered

to do so, but wherever they chose--and, in so doing, were soon in the

position of being able to benefit themselves as well as their parents

and relations in ways they had not dreamt of.

After Magistrates had been appointed in different parts, varying

considerably _inter se_ in their knowledge of Zulu habits, customs and

language, it was not long before the desirability of preparing for

their use a Code of Native law (_i.e._ an attempt to codify Native

tribal law) made itself felt. As matters stood, uniformity in judicial

pronouncements was practically impossible. Such uniformity, essential

in every community, is especially so among savages, who should at

once be impressed with the idea of justice under British rule. The

periodical meetings of Magistrates that were convened, were of much

assistance in attaining consistency before promulgation of the Code in

1877. On being brought into practice, it was soon found that this Code,

though ably drawn, was not sufficiently comprehensive (as a matter of

fact, it was never intended to be comprehensive), but it was not until

1893 that a more elaborate instrument was enacted by Parliament. The

Code, as then expanded, with sundry later amendments, is still the law

by which the great majority of Native conditions of life are regulated.

On the whole, the Code and the manner in which it has been administered

have given considerable satisfaction to the Natives. At time of

writing, it has not been extended to Zululand; to do so may facilitate

administration, but it would probably result in disappointment and

discontent among people happy enough under the proclamations issued

from time to time whilst the territory was under immediate control of

the Imperial Government.[32]

In addition to the Magistrates, over forty of whom had, by 1906, been

appointed in Natal and Zululand, civil and criminal business of a more

important character was dealt with by a Native High Court. This court,

now consisting of four Judges, but originally of only one, was first

created in 1875, to relieve the Supreme Court of a class of work it was

incompetent, and had insufficient time, to deal with.

From what has been said, it is seen that, in 1906, and since 1893, when

responsible government was granted, Native affairs were presided over

by a Supreme Chief, appointed by the Imperial Government, though bound

to conform to the advice of his ministers, except on certain important,

rarely-occurring occasions. The portfolio of Native Affairs was held by

one of the cabinet ministers, assisted by a permanent Under-Secretary

and staff.

A history of the Zulu Rebellion, 1906, and of Dinuzulu's arrest, trial, and expatriation · 第 2 / 51 段