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.