CHAPTER XIV.

DIAMOND LEGISLATION.—RESUME OF SIR H. BARKLY’S PROCLAMATIONS.—EPITOME OF

THE ORDINANCES OF THE LEGISLATIVE COUNCIL OF GRIQUALAND WEST.—REVIEW OF

THE ACTS PASSED BY THE CAPE ASSEMBLY.—DESCRIPTION OF THE TRAPPING

SYSTEM.—ADOPTION OF THE “ONUS PROBANDI” CLAUSE BY THE ORANGE FREE

STATE.—THE SEARCHING DEPARTMENT.—THE COMPOUND SYSTEM.

When the diamond mines of Griqualand West, viz. Du Toit’s Pan,

Bulfontein, De Beer’s and Colesberg Kopje, (now the Kimberley mine), got

into full work, diamond diggers soon found out that they were being

robbed to an enormous extent. Unfortunately but too many white men were

to be found ready to receive the stolen diamonds from the thieves, who,

at all events in those days, were almost exclusively natives.[42] A

strange infatuation seems always to have possessed those engaged in the

pursuit of “the trade” as it is euphemistically termed, which even the

stringent penalty of a possible fifteen years’ hard labor, the

culmination of repeated legislation, does not seem to have sufficed to

overcome. The first attempt to put a stop to these robberies by

legislation was contained in a proclamation issued by Sir H. Barkly, on

May 30th, 1872, in which every unauthorized buyer or seller was made

liable to a fine not exceeding three times the value of the diamond or

diamonds so bought, and in default of payment to imprisonment with or

without hard labor for any period not exceeding two years.

Soon after, further precautionary measures were introduced, and the

traffic in diamonds between the hours of sunrise and sunset and on

Sundays was forbidden (_vide_ government notice No. 69, July 29th,

1872). On Aug. 10th of the same year, Sir Henry Barkly issued a further

proclamation, diamond stealing by natives and the purchase by

unprincipled white men having immensely increased, in fact having become

at this time even the curse of the Fields. By this proclamation, any

dealer in wines, spirits, or malt liquors was unable to hold a license

to trade in diamonds. This was amended on Sept. 17th, canteen-keepers

only being disqualified, and not wholesale dealers. There was a further

enactment that no person could be registered as the holder of a claim,

unless he produced a certificate from a magistrate or justice of the

peace certifying to his character; this, however, was always a mere

form, and was never refused. Provision was also made for the

registration of all servants, while power was given to any master,

without the assistance of a constable, or for any constable without a

warrant, to search the person, residence and property of any servant

within two hours of the time he left the claim or sorting table; but on

Sept. 17th this proviso was amended, and it was made lawful for a master

to search his servant at any time whatever. If diamonds were found upon

him, it was presumed that they were his master’s, and the punishment to

which the servant was liable was imprisonment with or without hard labor

for any period not exceeding twelve months, or to receive any number of

lashes not exceeding fifty, or to such imprisonment and such whipping.

At the time this proclamation was issued native labor was in great

demand on the fields, and consequently the power given to the master by

law was seldom if ever exercised, as he knew the almost certain result

would be the loss of all his servants. A change was made by this

proclamation of Aug. 10th, 1872, so far as unauthorized buyers were

concerned, their punishment upon conviction being fixed at a fine not

exceeding £100 sterling, or to imprisonment with or without hard labor

for any period not exceeding six months. The crime of inducing servants

to steal was punished more severely. Lashes not exceeding fifty were

provided for in the proclamation, and the imprisonment increased to a

period not exceeding twelve months, or to such imprisonment and such

whipping. Many white men received lashes under this clause, and amongst

others a German, who on coming out of prison, retired to his native

country with over £30,000!

The increasing desire for drink among natives was considered by the

authorities in those days one of the greatest causes of the development

of their thievish propensities, and the canteen keeper who bought a

diamond of a native, or took diamonds in payment or pledge for liquor,

in addition to the punishment already stated, forfeited his license and

became incompetent to hold one in the future. A further discretionary

power was given to the court by which any such person might be

convicted, of forfeiting his right to any claims and expelling him from

the territory; but the last proviso was laughed at by men who had

contravened this law, as no punishment for returning to the province had

ever been inserted by the framers. If stringent laws had been properly

drafted and enforced in the early days of the Fields, the abominable

illicit traffic might have been nipped in the bud.

A great deal of animosity toward the natives existed about this period.

Part of this feeling was originated, I think, from many white men not

possessed of claims being jealous of their black brethren digging at Du

Toit’s Pan and Bulfontein, while the facility for dealing in stolen

diamonds, afforded by their possessing a digger’s license, was also a

factor in the ill-will felt and expressed.

A great mass meeting was held in the Market Square, Kimberley, on

Friday, July 19th, 1872, to bring pressure to bear upon the three

commissioners who administered the government, and get them to take away

all claim licenses from black or colored men.

Two of these gentlemen, weakly desirous of popularity, gave way to the

general outcry and suspended all claim licenses to natives by a

proclamation issued on July 24th, which contained a reservation

certainly, (which may be taken for what it is worth) allowing the issue

of such licenses on production from the various digger committees of

certificates of character and fitness; but this was a prerogative they

were little likely to exercise owing to the strong feeling then

existing.

John Cyprian Thompson, to whom I allude elsewhere, the dissentient, a

good lawyer and a thorough Englishman, did not compromise himself by

joining in this most illiberal proclamation. The subsequent action of

Sir Henry Barkly tended to prove the correctness of Mr. Thompson’s

opinion, for as soon as the proclamation reached Capetown his excellency

canceled it by another of Aug. 10th, 1872. In this he stated that “as it

is inconsistent with justice that persons against whom no specific

charges have been brought should be deprived of their rights and

properties, I do hereby revoke, cancel, and make void the said

proclamation, and do declare that the same shall be of no force or

effect whatever, and that all licenses suspended under and by virtue

thereof shall be returned and the holders thereof placed, as far as

possible, in the same position as if the said proclamation had not been

issued.”

The question of granting licenses to natives, and other matters of the

same kind, then attracted little attention from government until some

time after Governor Southey’s arrival, when the due constitution of our

own legislative council having taken place, an ordinance was passed (No.

21 of 1874) dealing more strictly with licensed dealers and brokers.

Dealers’ licenses were increased, at the suggestion of certain of them

who thought by this means to monopolize the trade, to £50 and brokers’

to £25 per annum; dealers were obliged to buy in licensed offices, and

brokers could not get a license without a magistrate’s certificate,

proving that they were not under tutelage, and producing two sureties.

By another short Act (No. 31 of 1874) diamond dealers were compelled,

under a penalty of £50 or in default three months’ imprisonment, to

properly register and record all their purchases.

Again, while Sir J. D. Barry was acting administrator, another ordinance

was passed (No. 4 of 1877) repealing 21 and 31 of 1874, re-enacting the

main clauses but increasing the maximum punishment for a first offense

to a fine of £500 and three years’ imprisonment, and for a second to

£1,000 and seven years.

The most interesting point to observe in connection with the diamond

trade ordinances is the gradual increase in their stringency, obviously

the outcome of, and in direct ratio to, the growth of this illicit

traffic; to bear this out, in 1880, when Mr. Rose Innes was

administrator, the punishment of this crime was again increased to a

maximum of five years’ imprisonment and £500 fine for the first, and ten

years and £1,000 for the second offense, with six and twelve months in

addition respectively if the fines were not paid.

I was vice-president of the legislative council of Griqualand West when

this ordinance (No. 8 of 1880) was under discussion. At the time it

seemed monstrous to me (these cases being left to the discretion of a

single magistrate) that on the opinion of one man, without a jury, a

fellow creature, possibly innocent, might be consigned to prison for ten

long years. I spoke strongly on the matter, but it was argued that with

a jury, the illicit traffic having so many ramifications (as the Spanish

proverb has it, “by the parson’s skirts the devil gets into the

belfry”), it would be almost impossible to gain a conviction.

To meet this emergency I proposed a three-judge court (the same

principle that has since been adopted in Ireland with reference to the

“Crimes act”), which suggestion was supported by the government, and now

under the title of “The Special Court” criminals of this class appear

before a just and strictly impartial tribunal

In 1880 (previous to high court with three judges being constituted) a

special magistrate was appointed to act in conjunction with the

Kimberley and Du Toit’s Pan magistrates to form the special court, but

since our high court has been formed, and the Diamond Trade Act 48 of

1882 has become law, this office has been done away with, and one of the

three judges now sits in turn as president of the special court.

The act just mentioned (48 of 1882) when it passed the Cape parliament

might have been at once extended to the whole colony, but it was

enforced by the government in Griqualand West only, consequently any one

could buy or possess diamonds with impunity in the Cape Colony proper.

As again in the Free State, although an ordinance was passed in the same

year (No. 3 of 1882) of even greater severity, providing maximum

penalties for its contravention of £2,000 fine, twenty years’ hard

labor, 100 lashes, and last but not least the power to expel from the

State all moral lepers in the shape of persons convicted outside the

State in Griqualand West of I. D. B., their judges interpreted it not to

extend beyond six miles from proclaimed diamond diggings; therefore so

far as that State was concerned the free trade in diamonds was owing to

an omission in and not a permission by the law.

[Illustration:

FREE TOWN.[43]

]

The judges there seem to have been actuated by the sound legal principle

that penal laws should be strictly or rather restrictively construed.

Again in Natal and the Transvaal no law connected with diamonds existed

except one in the latter State, forbidding the purchase of diamonds or

gold without a special license, or from a native, under a penalty of

five years’ imprisonment, £1,000 fine and confiscation, an ordinance

practically null and void, for these might be purchased without question

from any white man on paying a duty of five per cent.; consequently the

main illicit trade was done outside the confines of Griqualand West,

where there was no danger of interference from the detectives when

diamonds once were safely transported across the border.

The Volksraad, in the Transvaal, I ought not to omit mentioning, also

passed a clause in their extradition laws against all offenders charged

with contravening our diamond act, which, however, they expunged on May

26th, 1886, out of pique, because the Cape colonial government would not

take off the tax on tobacco and produce; consequently Christiana, a town

situated close to the borders of Griqualand West, is again the seat of

much illicit trade.

Natal, however, like the Transvaal, wants some good “quid pro quo”

before it will assist the Cape in suppressing this infamous trade.

During the session of the legislative council 1885–86, when the

“Post-office law amendment bill” was under discussion, in which power

was asked to detain and open certain letters, great and unhappily

successful opposition was made by certain members, Mr. Binnes, a rising

legislator, terming the clause this “jesuitical clause,” and two other

members expressing surprise at the “mean, sneaking power” which the

government by a “sidewind” wished to gain. For a time at least,

therefore, Natal has converted herself into a “thieves’ highway.” Again

in the present session, 1886–87, a similar bill has been thrown out.

This conduct on the part of Natal politicians is attributed to some

ill-feeling with respect to custom dues, and was wholly unjustifiable,

so much so that the sister colony by thus protecting the leeches that

suck the life’s blood of our great industry, lays herself open to the

charge of wilfully becoming _particeps criminis_.

These causes led to the most palpable, systematic and barefaced

robberies, as may be readily imagined. So long as the Kafir thieves and

white fences could in half an hour drive from Kimberley to the Free

State, where no _onus probandi_ of legal possession lay with the holders

of diamonds, and whence a seaport could be reached without passing

through any part of Griqualand West, the trade continued to thrive. Now,

however, the injustice under which we were laboring is greatly

diminished, first by the Free State Volksraad passing a law during the

last session containing the much desired _onus probandi_ clause, and

second by our own parliament awakening to a sense of its duty and

passing an act applying restrictions over the whole colony.[44]

The principal points in the Diamond Trade Act of 1882 are: (1st) That it

shall not be lawful for any person to have in his possession any rough

or uncut diamond, without being able to legally account for it; (2d) the

punishment of those convicted under the act is increased to a maximum of

fifteen years, the governor having at the termination of five years the

power to remit the remainder of the sentence, on condition of the

prisoner leaving the territory, with the alternative that if he return

he can be rearrested and imprisoned for a term equal to the portion of

his sentence unexpired at the time of his release; (3d) that none but a

licensed person can export or import diamonds; (4th) that the chief of

the detective department or police can stop any package in the

post-office supposed to contain diamonds illegally, and warn the owner

to be present at the examination, when if any unregistered diamonds be

found, the owner is liable to the full penalty already mentioned; (5th)

that a person finding a diamond must deliver it to the government, but

to receive ten per cent. of the proceeds when the diamond is sold; (6th)

that power under warrant is granted to detective officers and policemen

to enter and search any suspected places, and in any highway, street, or

public place, to arrest and search any suspected person, the _onus

probandi_ of legal possession resting on the suspected party if any

diamonds be found; (7th) that diamond cutters must be licensed; (8th)

that special permits must be obtained for washing débris; (9th) that

every person is required by law to keep a register and to forward it

monthly for examination to the chief of the detective department; (10th)

that a special board be formed for protecting mining interests; (11th)

that an accessory either before or after any contravention of the act

can be charged and dealt with as a principal; (12th) and that a

registration fee of one-half per cent. be levied on all exported

diamonds.

These are the main additional clauses introduced into the law which is

now in force; the remaining are not so important and refer to minor

requirements, which have been reintroduced from repealed ordinances.

To go back a little, an ordinance was passed in July, 1880, when Mr.

Rose Innes was administrator, providing for the searching of natives and

others employed in the various mines. Owing to the want of unanimity

between the four mining boards, no action was taken under this act until

Feb. 1883, when the various mines were inclosed with wire fencing,

searching houses at different outlets built, and a staff of men engaged

to act as searchers.

These remained until February, 1884, under the detective department, the

expenditure falling upon the different mines, the half per cent.

registration fee on exported diamonds and the proceeds of those captured

defraying a portion. The searching officers when under the detective

department were excessive in number and extravagantly paid. The number

and expense was ridiculous, eighty (80) searchers were employed in the

four mines, and the expense was nearly two thousand pounds per month,

for which they were supposed to examine all persons, white or black,

leaving the mines, but this was done so hurriedly that the inspection

became a mere farce. In January, 1886, the chief of the detective

department reporting on this department gave it as his decided opinion

that it had no effect on the theft of diamonds, and advised its

discontinuance. Since this was written, however, great improvement in

this department has taken place under Major Maxwell.

I am able to give my readers some statistics comprising the searching

and detective expense of the four mines which are interesting, showing

the cost of the detective department for the first twenty-seven months

after the promulgation of the act, and that of the searching department

for twenty-two months after its inauguration:

September, 1882, to November, 1884.

1 Registration Fees £38,145 14s. 2d.

3 Detectives’ Salaries 24,906 19s. 6d.

2 Captured Diamonds (sold) 30,671 12s. 3d.

4 Cost of Trap Stones (net) 4,011 8s. 7d.

5 Bonuses to traps 2,130 9s. 0d.

March, 1883, to November, 1884.

1 Searching Department £39,578 14s. 6d.

I have good authority for stating that the value of the diamonds seized

in searching amounted to less than £200. It will, however, be argued

that “prevention is better than cure,” and that the searching was to

prevent the abstraction of diamonds from the mines. This, however, it

failed to do, it only altered the channel by which they passed from the

elevated to the underground railway, or in other words, from the pockets

of the Kafirs to their stomachs.[45] In February, 1885, the various

mining boards took the searching arrangements under their own

supervision, and retrenchment is now the order of the day.

When Act 48 of 1882 was before the Cape assembly, its provisions were

minutely discussed. Being at that time one of the members for Kimberley,

I had the opportunity of bringing my influence to bear. I did not oppose

exemplary penalties being enacted for this increasing crime, but I

decidedly objected, and in this I was supported by Mr. Saul Solomon, to

flogging being inflicted for what was not a crime against the person but

against property. I was so far successful that such brutal ideas were

expunged from the act. Mr. Scanlan (now Sir T. Scanlan), who was then

premier, kindly assisted me, though I was at the time in opposition, in

passing through the house the “ticket of leave” system, which I

introduced into the second clause. In getting this inserted, I acted on

the assurance of some diggers, and these, too, the most determined to

stamp out I. D. B., that the object of their wish for increased length

of punishment was not revenge for the loss that they had sustained (for

which motive they were credited by many), but a desire to rid the place,

for as long a period as possible, of men who were reducing Griqualand

West simply to a hot-bed of thieves.

I should not be giving my readers an idea of all the legal machinery

brought to bear in order to root out and bring to justice this class of

criminal if I were to omit a description of the trapping system as now

in vogue. The detective department is one entailing immense

responsibility on its chief. When it is remembered that “the thief, the

robber, the assassin, the harlot, the murderer, and every other

conceivable criminal flourishes” on this sneaking crime, it may be

asked, seeing none are trapped but those who are well known to be in

“the trade,” why the parrot cry of its un-English-like character is

raised by many against so necessary a routine.

The detective service consists of a chief, about twenty-five natives,

chosen for their shrewdness, nine white men, known to the public as

detectives, and several engaged on special secret service. These

officers are all well paid, not only to secure the services of reliable

men, but to compensate them for the risk they run, though as a rule, the

diamond thief is the veriest of cowards.

When a man is daily seen drinking, gambling and riotously living,

without any visible means of subsistence, when his character can be

gauged by the company that he keeps, and the detective department

receives private information, _that_ man is trapped; but not before he

has bought three times do the detectives “run him in.”

Such, at least, is the system, as it has been explained to me by those

who should be thoroughly acquainted with it. On the other hand, I know

of a case of a young ex-officer of volunteers, who in a drunken moment

bought a stone not intended for him, and was brought to trial. The

detectives all swore that he had never, so far as they were aware,

purchased an illicit diamond before in his life, and the court, taking

that view, sentenced him to only eighteen months’ imprisonment. He was,

moreover, released before the expiration of his sentence.

The plan is as follows: The native who acts as the “trap” is thoroughly

searched and then supplied with a diamond by the department. He starts

on “his mission of mercy” followed by two or three detectives, who place

themselves in different positions, so as to command a view of the

premises where the transaction is expected to take place.

What follows is generally simple enough, the illicit buys the diamond

and pays for it, when the Kafir gives a signal, and the detectives rush

in and seize the man who is pointed out as the purchaser. The “trap” is

again searched, when, as corroborative evidence, no diamond is found on

him, but in its place, the money he has just received in payment for the

“stone.” Convictions, however, are occasionally obtained when no money

has passed, in which case, however, the evidence of the traps is

required to be very strongly corroborated.

Black “traps” and white are employed by the detective department. The

black trap is generally a native who does the dirty work purely as a

matter of business, and is thoroughly honest; the white trap on the

contrary is generally one who has been in the illicit trade himself, and

either from avarice or motives of jealousy and revenge sells some former

comrade to penal servitude and the breakwater.

In January, 1887, an instance occurred, showing that in spite of all the

elaborate machinery of a rigid searching system, probably general if not

universal, and the existence of the severe ordinance in question, etc.,

the native continues to steal diamonds. In a compound at Du Tot’s Pan,

only a few months ago, the body of a native who died suddenly under

suspicious circumstances was opened and a diamond of no less weight than

sixty carats discovered therein.

The necessity for the extensive machinery and the enormous cost of the

searching and detective departments will to my mind be done away with if

the “compound system” inaugurated by the Central Co. in the Kimberley

mine be carried out by other companies. In April, 1885, this company

opened their buildings for native servants. I attended the opening

ceremony, and to my surprise found a large yard some 150 yards square

inclosed partly by buildings and the remainder by sheets of iron ten

feet high. Within this inclosure were sleeping-rooms for 500 Kafirs, a

magnificent kitchen and pantry, large baths, guard-room, dispensary and

sick-ward, store and mess-rooms. There is no doubt that this arrangement

will be the means of greatly decreasing the thieving by natives, but it

opens up a great question connected with the business of the place, with

respect to the “truck” system which must follow, and has yet to be

threshed out.

During the fifteen years I have been on the Fields, I can

conscientiously say, I have never known one single man found guilty who

did not well deserve his punishment, though I have known many escape

through the laudable determination of the judges to require most

incontrovertible evidence before convicting.

I do not attempt for one moment to extenuate the crime or treat lightly

the social ulcer which so undermines the moral health of the community,

but I cannot help drawing attention, in connection with the subject of

this chapter, to the 450 carat diamond which has just flashed like a

meteor across the London market.

This is well known to have come from Jagersfontein. A whisper had never

been heard of a diamond of such weight, such color and such brilliancy

having been found there or in any other mine in the country, but a Port

Elizabeth house quietly shipped it, and it was bought in London for

£20,000 by a syndicate composed of men knowing the diamond fields

intimately.

The actuality of this diamond came prominently before the public in a

suit before the High Court of Griqualand West in October, 1886, in a

case wherein the chief of the detective department was called to give

evidence. During the course of this gentleman’s examination one of the

judges said: “Do you know where that very large diamond produced in

London some time ago came from?” “I do; from information received I

could give your lordship the whole history of that stone from the time

it left the ground until it reached Messrs. —— Bros.” This led to

another question by one of the other two judges comprising the bench,

which clinched the matter: “Was it a Griqualand West stone?” “No, it was

not, my lord.”

These, perhaps, like the Pharisee, “thank God, that they are not as

other men are.” But the question I would ask is this syndicate not the

buyer, second hand, of stolen property?

“Conscentia mille testes.”

Even in England the crime of receiving stolen goods is heavily

punishable, but in a case like this the worthies know well that it can

never be brought home to them.

The charge has frequently been brought against the diggers that they had

very considerably themselves to thank for the extent to which I. D. B.

had spread. Had they taken proper precautions, it was urged, thefts

would have minimized, and it was further pointed out, that though it

might be true that if there were no receivers there would be no thieves,

it is obviously true that if there were no thieves there could be no

receivers. I cannot myself entirely acquit the diggers of the charge of

culpable negligence. On the other hand, within the past three or four

years there has been less ground for the accusation, as an elaborate

searching system has been introduced. All the employés of the companies

or individual diggers, white men under the rank of manager and colored

men universally, are liable to be searched at any time. The white

overseer even does not know when this may take place, as the order is

secretly given from headquarters whom to search.

In connection with the searching of white men I may mention a lamentable

occurrence that took place in the early part of 1884. A fiat went forth

that they should be compelled to strip naked, and a natural feeling of

indignation arose, as many of the overseers had been themselves pioneer

diggers, and the majority of miners were men of undoubted

respectability. A most regretable amount of ill-feeling arose between

employers and employés, and though I believe the former were willing to

forego the condition that absolute nudity would be required, yet the

proviso that the boots should be removed was distasteful to the latter.

At length a strike took place, to which, it is asserted, but with what

amount of truth I cannot say, the men were urged on by unscrupulous

outsiders, who had their own ends to serve. The first strike was of

brief duration and passed over quietly, but the second, though also

lasting a comparatively short time, was attended with fatal

consequences. Briefly the circumstances were as follows: A considerable

number of men were proceeding to the edge of the Kimberley mine to

compel the French company to draw their fires. The men all distinctly

assert they had no intention whatever of damaging the machinery or

hauling gear of the company. A barricade had been erected by the

servants of the company, behind which were armed policemen and certain

diggers, etc., who had been sworn in as special constables. Various

accounts are given as to how the affray began, at all events, though the

police did not fire a single shot, the special constables shot dead on

the spot four of the unfortunate men, who were buried next day, and

another, who was an old patient of mine, died an hour or so after in my

consulting-room, where he and a comrade who died a week after had been

carried.

Great fears were entertained of a general riot; the canteens were

ordered to be closed, the men who had fired the fatal shots were removed

for safety to the jail, the government removed all firearms from the

gun-stores, a corps of mounted specials was organized, while all save

those whose passions were inflamed on one side or the other deeply

deplored the sad events, and looked forward with the gravest

apprehension to what a day or night might bring forth. The funerals of

the fallen men were most impressive, hundreds, indeed I might say

thousands, attending them, following most on foot, in slow procession to

the solemn strains of the “Dead March in Saul.” Happily, however, there

was no further bloodshed, and before a fortnight or three weeks were

over, with but few exceptions, the men had returned to work and an

amicable conclusion arrived at.

To proceed to the searching of natives, though there are certain

differences in different mines, generally speaking the system is as

follows: On arriving at the searching house they are compelled to divest

themselves of their ordinary garb and pass through a central compartment

in _puris naturalibus_, after which they assume working suits, needless

to say absolutely pocketless. Their work over, they are first searched

in the claims by the overseers and then are examined by the searching

officers. They are stripped perfectly naked and compelled to leap over

bars, and their hair, mouths, ears, etc., etc., carefully examined—no

particularly pleasant duty for the searcher when the thermometer stands

at perhaps 100° Fahrenheit in the shade.[46] There are grave doubts

occasionally expressed as to the efficacy of this costly system, as

comparatively few diamonds have ever been found in the searching houses,

and the thievish native exercises an almost supernatural ingenuity in

concealing his plunder, but the question is what diamonds have been

prevented from being stolen rather than what stolen diamonds have been

recovered.

Another system in which the supporters express a firm belief is that

known as the compound system, which is shortly as follows. I have

already described the Central Co.’s compound, but I will go a little

more into detail: A company’s boys, instead of being allowed to wander

about the town at their own sweet will, to feed at Kafir eating-houses

(which are too frequently the favorite resorts of black I. D. B.

runners, and whose proprietors are not invariably above reproach) and to

drink at low canteens or smuggling dens, are confined to a company’s

compound for two months, the period for which they now contract.

They are comfortably housed, and being unable to obtain the deleterious

and adulterated liquor which has proved so many a native’s poison and

death, are in the main much healthier than their uncompounded brethren,

who spending two-thirds of their wages in drink on Saturday and Sunday

are almost inanimate the following day and unable to work. It is

needless to say that this system has aroused considerable opposition

from the Kafir store-keepers, canteen-keepers and others whose

purchasers are mainly natives, together with, it goes without saying,

the I. D. B. gentry and a few who are neither I. D. B.’s, Kafir

store-keepers nor the like, but who conceive that the system will tend

to ruin the commerce of the town.[47] It is urged that the principle of

“live and _let_ live” was never more flagrantly outraged; that the bread

is taken out of honest men’s mouths; that it is not by Kafirs, not even

mainly by Kafirs, that diamonds are taken from the mines, and that it is

a direct interference with the liberty of the subject. The last reason,

however, is not a very cogent one against the subject, as the native

agrees of his own accord to the contract, and philanthropists declare

the compound to be an unmingled boon to the Kafir.

That it involves something allied to the “truck system” is apparently

plain, as of course the necessities of life must be purchased in the

compound, though it must be remembered that the legislative enactments

which forbid the system in England were introduced to protect the

employé whose wages were diminished by the unfair profits and the

exorbitant interest charged by the “tommy shop,” _not_ to protect the

shopkeeper whose business was interfered with. Again, the wages are paid

in cash, and the company’s store can in the event of the native failing

to pay up at the end of the week merely, as I surmise, recover it by

ordinary civil process. The companies disclaim all intention of making

any profits for their shareholders by their shops in the compound, and

are prepared to accept outside price-lists and distribute the profits

among such institutions as the free hospital and the public library.

That those who have sunk their money, large or small, in the erection of

Kafir stores and native bars feel the system a grievance I can readily

understand, and for my part, on the principle of self-preservation being

the first law of nature, am not disposed to blame them very much, if at

all, for endeavoring to protect their interests by getting a bill

introduced into parliament to abolish not the compound system, but to

render it almost null and void by limiting the period during which the

Kafirs can be kept in the compounds, through a clause principally to the

effect that no goods can be vended there. A bill was introduced into the

Cape parliament last year with this object, but a compromise, which is

perhaps only temporary, was effected, and the bill withdrawn.

Most probably the matter will be brought before the house again next

session, but I scarcely think it has much chance of passing; meanwhile

the mining union has undertaken not to compound any white men, and to

limit the period during which they keep the native compounded to two

months only.

In concluding this chapter I shall take the opportunity of expressing my

own views on the progressive legislation by which the late legislative

council of Griqualand West and the Cape assembly since annexation have

attempted to cope with this crime. After a long and thorough

acquaintance with all classes of this community (for which, to a certain

extent, I have to thank my profession), I have come to the conclusion

that the punishments now inflicted are not adapted to the requirements

of the case. The present judicial procedure of sentencing this class of

prisoner to a long term of hard labor, during which its members learn

advanced lessons in crime, and then turning them loose, further

accomplished, upon the unfortunate digger, is to my mind not only a tax

on the country, but also a calamity to Griqualand West. In my opinion a

shorter period of imprisonment would suffice, but to this I would add a

sequestration of all the culprit’s movable and immovable property, and

banishment from the colony for at least twenty years, under pain of say

fifteen years’ imprisonment with hard labor should he return previously.

Criminals of this class, again, are tempted by the extra chances of

sudden fortune which it presents.

Cases in which second convictions have taken place are numerous, in fact

there seems to be a peculiar fascination which irresistibly attracts its

devotees, and seems to render the majority of them almost incorrigible;

consequently one of the best methods of protecting the mining community

against these vampires is that they should be entirely beyond the reach

of a species of temptation that they are unable to withstand.

There is one point, in addition, which I must not omit to mention in

closing this chapter, and that is the readiness with which the present

ministry (1885–86–87) recommend the governor of the colony to grant

pardons to I. D. B.’s. “Petition-mongering, too, is a highly respectable

business, for legislators of the land condescend to handle and flutter

the interesting documents in the faces of sympathizers; cabinet

ministers are not averse to joining in the game, and the stamp of the

very highest authority is secured for it when his excellency the

governor is persuaded into opening the doors of the jail and bidding the

exultant illicit go forth once more, to lay his roguish hands on the

hard-earned gains of the diamond digger.”

I have known cases of the most extraordinary character, one I will

mention in particular. On the prisoner’s first conviction, he received a

sentence of five years’ imprisonment, but was liberated after fifteen

months’ incarceration, when, at once resuming the same sneaking kind of

theft, he was caught again, and seven years awarded to him to ponder

over his outrages. _Mirabile dictu!_ thirteen months saw him, through

his excellency the governor’s kindness, a free man once more; but with

well-earned experience, as he now, the third time of asking, makes Free

Town, in the adjoining republic, not Kimberley, the safe base of his

dishonest operations. The hammer which shivered this man’s links must

have been heavily weighted indeed! As he told me, one hammer, which of

itself was not heavy enough to complete the work, weighed £850.

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