CHAPTER XIX.

SIR HENRY BARKLY PAYS THE FIELDS A SECOND VISIT.—PROMISES THAT THE

FIELDS SHALL BE A CROWN COLONY WITH A LEGISLATURE OF ITS OWN.—LETTERS

PATENT PROCLAIMING GRIQUALAND WEST A CROWN COLONY.—HONORABLE RICHARD

SOUTHEY FIRST LIEUTENANT GOVERNOR.—AN INCIPIENT REVOLUTION.—THE

COURT-HOUSE SURROUNDED BY AN ARMED BAND.—THE BLACK FLAG HOISTED.—THE

REVOLT RIPENED.—COLONEL CROSSMAN.—THE CHANGES IN THE LEGISLATIVE

COUNCIL.—RECALL OF THE LIEUTENANT GOVERNOR.

As before mentioned, the Cape legislature of 1872 broke faith with Sir

Henry Barkly, who was thereupon accused by his imperial masters of

having failed to keep the parliament in hand. The violation of pledges

and promises has been a prominent characteristic of the policies alike

of the Cape parliament and of the colonial office, and in both cases it

has been prolific of evil consequences.

Sir Henry Barkly, owing to the unstable and vacillating policy of the

Cape parliament, found himself on the horns of a dilemma. The imperial

government taunted him with having shown a want of diplomatic tact in

dealing with the colonial legislature, while the latter repudiated the

charge which Sir Henry Barkly brought against the legislative assembly,

_i.e._, that of having broken faith with him. Nay, the two honorable

houses went even further, they vowed and declared that they had never

done or said anything to warrant his sending to the secretary of state

for the colonies the dispatches that he had sent. Here was a gordian

knot for a governor to loose. What was he to do? He could neither report

upon the colonial secretary, nor tell the parliament what he thought of

the latter functionary’s action; he virtually exclaimed: “A plague upon

both your houses, I’ll go to the Fields again myself.” So he made up his

mind to order the government coachman to inspan the traveling wagons,

the panels of which, by the way, were ornamented with the royal arms

painted by a Cape artist, whose idea of the lion and the unicorn was

sublimely humorous—the lion having too much skull by half, and the horn

of the unicorn being as crooked as a ram’s, or a satyr’s. His excellency

told his executive, that it was as plain as the Cape flats that British

rule could not be administered in the diamond fields by commissioners

and law courts, and that he was about to proceed to the Fields in order

to see how the British flag was to be kept flying over the

diamond-digging community. But Sir Henry had been soundly abused by

press and public, both in the colony and Griqualand West. The idea then

prevailed at Capetown that the diggers would think no more of chopping

off a governor’s head than they would of decapitating a domestic fowl.

On the Fields there was universal dissatisfaction, the commissioners all

the while remaining with virtually “no work to do.” The holders of

claims at Klipdrift had had to pay surveyors’ expenses which they had

never calculated upon having to pay, and also to meet other demands

which they regarded as extortionate, if not almost fraudulent. There

were transfer dues, stamp duties and such like, to be enacted in the not

far distant future, and the aspect of affairs was not cheering. The Free

State was wrathful and indignant, and the Boers there were threatening

vengeance. The Dutch on the Fields complained loudly and bitterly of

having to pay taxes to British extortioners and being forced to submit

to law and order, and declared that the British embrace was too ursine a

hug for their comfort.

Under these circumstances Sir Henry Barkly did not feel quite sure that

his personal appearance on the Fields would not be made the occasion for

an outbreak. Still go he must, and in order to ascertain how far he was

risking his life he remained at a farm outside the camp on the first

night of his arrival. The next morning, long before the breakfast hour,

he saw scores of vehicles and horsemen coming over the hill leading to

the homestead. It was an anxious moment. But there was the ring of the

true British metal in the cheers of the horsemen as they neared the

farm, and Sir Henry was soon convinced that his second visit was

destined to prove even more acceptable to the Griqualanders than his

first had been. The gubernatorial equipage, with Sir Henry and his

adjutant, was soon on the move, and as the Fields bore in sight he could

see Bulfontein and Du Toit’s Pan in holiday dress. There was bunting

flying from every flag-post, and the margin of the mines was crowded

with people, white and black. He was cheered all the way from his entry

into the Fields until he reached his quarters in Kimberley; flags

floated over his head, and triumphal arches spanned the roadways. On the

day of his arrival he held a levee which was well attended, and he took

care to have it generally known that he would receive as many

deputations as liked to come to him to ventilate their grievances. Of

grievances there were enough and to spare, in fact there was nobody

without one, either real or imaginary. First and foremost of all was the

land grievance. Legitimate claimants and land jobbers jostled each other

without mercy and with scant courtesy. The diggers insisted that they

had not been and were not protected as it was alleged they had been told

they were to be. Diamond thieves, they asserted, were more pestilent

than ever, having grown bolder and more unscrupulous, and the digging

population suggested that if they had shown more regard for the

protection of their own property than loyalty to the government diamond

stealing would have been considerably diminished. The trading community

also manifested extreme dissatisfaction, owing to the manner in which

government contracts were given out, the belief prevailing amongst many

that a system of favoritism if not of jobbery was in existence. The

natural result of these real or alleged grievances was that the local

government was in decidedly bad odor with the population generally.

The neighboring states had complained that guns and gunpowder were

supplied to natives, and a deputation defending the system of supplying

the natives with guns and gunpowder waited upon his excellency, who said

that his attention had been called to the fact that more guns were

supplied to natives than had been entered at the customs, where the duty

was £1 per barrel, a fact which he could not understand. The deputation,

however, explained it by the open ports, where no custom-houses were

established, further asking Sir Henry to consider the number of small

vessels which visited these ports from the Natal and Cape ports. The

guns sold here were supplied to the dealers by the merchants, and the

former paid the duty, although a large portion of it was lost to the

government. The natives at that time came here more for the sake of

getting guns than for money, and the deputation urged a sufficient

amount of labor to work the diamondiferous soil could not be obtained if

the supplying of guns to natives were prohibited. It was further pointed

out to his excellency that the natives would even then continue to get

guns from runners (smugglers), and that natives in the possession of the

assegai, their national weapon, were more dangerous than when armed with

guns. After hearing all the evidence and going into the question fully,

Sir Henry Barkly decided that the gun trade must not be interfered with,

and this opinion Governor Southey afterward endorsed.[57]

Sir Henry Barkly promised that British title should be immediately given

to legitimate land claimants, that contracts for government supplies

should be called for by public tender, and that all real grievances

should be removed. Protection was promised to the diggers, and so his

excellency became very popular indeed, a banquet followed by a ball was

given to him at Kimberley on September 12th, 1872, and both were

completely successful. The late Dr. Robertson, formerly of Fauresmith,

O. F. S., filled the chair at the banquet and introduced Sir Henry

Barkly to his entertainers in admirable style. The doctor’s speech in

introducing the toast, “the health of Sir Henry Barkly, her Majesty’s

high commissioner in South Africa and governor of the Cape Colony,” was

couched in elegant and appropriate language, and his excellency’s reply

was received with enthusiastic applause. He told the assembled guests

that up to the time of his present visit he had had but a slight

conception of the importance of the diamond fields, and had found them

to be of such a character that he realized the fact that they could not

be governed by three commissioners. The wealth, intelligence and numbers

of this community must have something better in the shape of government.

To think of governing them from Capetown was out of the question, and as

he found they were entitled to a government of their own he would take

care that they should have it. The Fields should be a crown colony with

a lieutenant governor and a legislature on the same model and as liberal

as that of Natal, and this he would bring about as quickly as the

preliminaries could be arranged. The ball over, Sir Henry paid a visit

to Barkly where he held another levee, and there also a banquet was

given him. The streets were decorated with flags, and triumphal arches

which formed a complete roofing all through the main street. Here, also,

the gubernatorial promises gladdened the hearts of the populace,

especially those which referred to the land titles. At the banquet,

which was given in the main hall of the Barkly club, it was endeavored

to get a pledge from his excellency that Barkly should be the seat of

government, but the attempt was a vain one, his excellency contenting

himself by saying that they had the high court there and all the

government offices, and that he would not forget the old proverb: “Be

sure you are off with the old love before you are on with the new.” In a

very short time after this, however, the high court and the government

offices were removed to Kimberley, and the seat of government

established there.

On his excellency leaving the Fields to return home, he had additional

proof of the loyalty which animated the great bulk of the diamond field

people. He was escorted to Alexanderfontein by at least a thousand

persons, and he expressed his gratification at the reception he had met

with there, and gave it as his opinion that her Majesty had no more

loyal people in her empire than in the diamond fields of South Africa.

The special mission of Sir Henry Barkly to South Africa was to reform

the constitution of the Cape Colony by the introduction of responsible

government. That colony had become troublesome to the imperial

government, inasmuch as the old _régime_ parliament which had full

control over the government purse strings refused to pass the taxing

measures necessary for the administration of the affairs of the country,

and unfortunately for Sir Henry Barkly his executive was too much

divided for him to move with reasonable expectation of success. The

colonial secretary, Mr. Southey, was firmly opposed to the introduction

of the measure into the parliament then assembled, as the country had

never been consulted on the question, which he held ought not to be

forced. That honorable gentleman held to the doctrine as laid down by

John Stuart Mill, that before responsible government is introduced into

a country the people must ask for it, and when it was decided by a

majority to introduce it the colonial secretary entered his solemn

protest on the minutes on constitutional grounds. This was awkward, but

Sir Henry Barkly received imperial instructions that it must be

introduced into the parliament, and that he _must_ get it passed. Sir

Henry Barkly knew that if he should fail he would be recalled in

disgrace, and accordingly did introduce it in 1873 at an early session

and managed to force it through the legislature, but when he called upon

the Hon. Mr. Southey to take office, that gentleman flatly refused to do

so. He would not attempt to form a ministry, and he would not take

office either as premier or in any other capacity. It now became

necessary for his excellency to consider what should be done with the

Hon. Mr. Southey, and he was offered the lieutenant governorship of

Griqualand West with an adequate salary, and the recommendation to take

with him his long-tried confidential clerk in the colonial office, Mr.

John Blades Currey. Mr. Southey accepted the appointment, and the

inhabitants of Griqualand West, especially the old colonists residing on

the Fields, received the intimation with extreme satisfaction, for Mr.

Southey enjoyed the confidence of both East and West. On the lieutenant

governor’s arrival here, on January 9th, 1873, he was received with

manifestations of great joy. The people went out in great numbers to

welcome him at Alexanderfontein; triumphal arches were erected; bands of

music preceded the procession into the towns; a display of fireworks and

an illumination were amongst the tokens of rejoicing, and he was

entertained at a banquet in the Theatre Royal, which was crowded to

excess.

An executive was created consisting of four members, viz.: the

lieutenant governor, the secretary to government (Mr. Currey), the crown

prosecutor (Mr. J. C. Thompson), and the treasurer general (the late Mr.

R. W. H. Giddy). No constitution was proclaimed for some time after Mr.

Southey’s arrival, and the Fields were governed by the lieutenant

governor and his executive, legal enactments being made by means of

proclamations. One of Mr. Richard Southey’s first proclamations, issued

on Feb. 5th, 1873, almost immediately on his arrival, and which pleased

the diggers very much, was one to restrain the jumping of claims.

Previous to this, a claim in any one of the mines, which might be worth

thousands of pounds, if left by its owner unworked for three days, could

be legally seized by any man who could prove this neglect; but the

proclamation containing the letters patent declaring the colony of

Griqualand West a crown colony was not promulgated until the July 16th,

1873, when Klipdrift was rechristened Barkly and the “Colesberg Kopje”

Kimberley. The new names were given in honor of the then secretary of

state for the colonies, Lord Kimberley, and of Sir Henry Barkly. They

were created electoral divisions, the third consisting of the outlying

or agricultural districts, being grouped together under the name of Hay,

in honor of Lieut. Governor Hay, who was the first to unfurl the British

flag over the Diamond Fields. The chief town of the last-named division

was Griquatown, in which the Griqua chief Waterboer resided.

[Illustration:

THE VAAL RIVER DRIFT, NEAR BARKLY.

]

The constitution was, however, not received with anything like unanimous

approval. The boundaries fixed were disputed by the neighboring States,

and the enfranchisement and representation was by no means in accordance

with the promises made by Sir Henry Barkly, inasmuch as it was not

according to the Natal model. The legislative council was constituted on

the deadlock principle, consisting as it did of eight members, four

nominated by the general government and four elected by the voters, the

lieutenant governor being president and having the casting vote. The

governor had a power to veto in the first place, and the Queen in the

second. At first it was said that no one would consent to be put into

nomination for the four seats to be filled by the votes of the people.

However, when the time of the elections came round, the seats were hotly

contested. The council was first convened in 1873, but did not meet for

business until January, 1874, when the elective members were Messrs.

Green and Dr. Graham for Kimberley, Mr. Advocate Davison for Barkly, and

Mr. David Arnott, the agent for Waterboer, to represent the electoral

division of Hay. The first ordinance, viz. for the better regulation of

diggings and mines, was promulgated on the 30th of the month named. The

government and legislature for some time worked very well, but then a

lack of cordiality among the members of the government themselves in the

executive manifested itself, and there was as well no lack of

revolutionary agitators to stir up the people to rebel against the

government from the outside. Among the agitators were one or more

generally accepted as Fenians, and several foreigners; the former with a

hatred of British rule were bent on creating disturbances. They were

joined by men who, although owning themselves British subjects, had

party and personal ends to serve, dearer to them than their reverence

for the crown. Leagues were formed and meetings were held, where

sedition was loudly and plainly talked, mass meetings were convened on

the market place, and the governor roundly abused. The lieutenant

governor offered to receive deputations and to discuss matters, provided

that the deputations should be composed of men who were known to be in

the habit of conducting themselves in a becoming manner. But the

agitators wanted their followers to come in large bodies, and this the

lieutenant governor decided not to permit. The members of the league

assembled armed for drill, and assumed a most warlike and threatening

attitude. The lieutenant governor urged the necessity of the presence of

a small body of her Majesty’s troops, and pointed out that moral force,

the only force at his command, had no influence upon the men who, led by

a clever and excitable digger named Aylward, were plotting against law

and order. No attention whatever was paid to the suggestion of the

lieutenant governor by the executive of the Cape Colony. There were no

definite grievances brought forward by the men under arms, who were mere

puppets in the hands of the riotously inclined wire-pullers. There were

grievances, however, of a grave nature, and the non-fulfilment of

promises respecting the land titles was the greatest of all. It is only

right, however, to mention that the majority of the white population,

aliens as well as British subjects, were thoroughly satisfied with Mr.

Southey’s rule; and he had, during the time he was at the head of the

government, done all in his power to make the people happy and

prosperous, while the foundations of law and order had been so far as

possible “both well and truly laid.” The social state of the Fields was

excellent, and Government House was so thoroughly well-conducted that it

led society with a genial and assuring hand. Balls and parties, indoor

and outdoor pastimes and pleasures, afforded the recreation which the

busy population required, and life in the Fields was generally pleasant

and seemly.

Armed malcontents were now drilled in the public squares, and wherever

they thought their proceedings would be most exasperating to the

government and the loyal portion of the community.[58] This was kept up

during the early part of 1875. Arms were imported from all directions

and concealed in stores and licensed liquor shops, and in the month of

April of that year the mob were led into open rebellion, the occasion

chosen for the outbreak being the seizure of arms by the magistrate and

police of Kimberley, and the arrest of the man on whose premises they

were discovered. A body of armed men marched down to the magistrate’s

office and demanded the release of the prisoner, the court-house being

surrounded and an attack threatened should their demand be refused. A

black flag to be hoisted on the edge of the Kimberley mine was to be the

signal for the revolters to fire upon the court-house and government

offices. The Kimberley prison was to be leveled to the ground, when, as

the rebels calculated, the liberated prisoners would instantly swell

their ranks and help to overthrow the government. The lieutenant

governor refused to make any terms whatever with men under arms and

ordered them to give up their weapons to the government. This they

refused to do. The authorities were not, however, to be driven from the

position they had assumed. A number of loyal inhabitants volunteered to

assist the government, and the prison was guarded by these assisted by

some of the police. Greatly to their credit the Germans then came

forward almost to a man and joined the volunteers. Mr. James Anthony

Froude, “the eminent historian,” as he is called, had paid a visit to

South Africa at the instance of the Earl of Carnarvon, then secretary

for the Colonies, to report on the chances of federating the whole of

the Colonies and States under the British flag, and that gentleman, with

his characteristic mental twist, took a most distorted view of

everything he saw, and instead of supporting the lieutenant governor

disparaged him, and actually held a conference with the rebel leaders.

This conference did not take place in the presence of any of the

authorities, and the insurgents declared at the time that their course

of conduct had secured Mr. Froude’s[59] approval. This was before they

broke out in actual revolt. A quotation from Mr. Froude’s writings,

which appears in a book of which one of the most bitter opponents of the

government is the author, strengthens the belief that Mr. Froude

actually did encourage the rebels, whether intentionally or not. The

passage is as follows: “The English government in taking up Waterboer’s

cause, have distinctly broken a treaty which they renewed before in a

most solemn manner, and the colonial office, it is painfully evident to

me, has been duped by an ingenious conspiracy.”

The “ingenious conspiracy” was one of those flights of imagination in

which the eminent historian occasionally indulges with most mischievous

results to the colonies that he has visited and attempted to describe.

There was no such thing as an “ingenious conspiracy to delude the

colonial office,” as may be gathered from the facts before stated

respecting the action of Sir Philip Wodehouse in the matter of the wrong

done Waterboer by the Boers of the Free State. The chieftainship of

Andreas Waterboer, the father of Nicholas, was confirmed by the British

government before Nicholas was born, as is shown in the earlier portions

of these pages. This is wandering from the subject of the revolt, but

the necessity for this digression will be manifest to the reader.

The rebels had calculated that no magistrate would be found with

sufficient courage to sit on the bench and try the arrested prisoner

while the court-house was surrounded by men armed with guns and

revolvers ready to fire at a given signal. They were mistaken, however,

for the late Mr. Advocate Gray, then president magistrate of Du Toit’s

Pan, took his seat on the bench, and then the Fenian leader, sword in

hand, ordered the man appointed (one Albany Paddon[60]) to hoist the

flag, which was accordingly done. There was no firing, though one gun

was accidentally discharged. Some of the leaders began to reflect and

came forward and entered into bail bonds for the prisoner. The rebels

did not then, however, put down their arms. It was only after the high

commissioner had threatened to send troops that they consented to do so.

Colonel Crossman, who had been sent out as royal commissioner in Oct.

1875, to make inquiries and report, after taking evidence absolved the

government of all blame. Then when the mischief had been done troops

were sent up at an expense of £20,000, under the command of Sir Arthur

Cunningham. Beyond showing that the imperial government were determined

to uphold law and order, the troops did nothing but manœuvre in the

market place, encamp at Barkly and attend balls and banquets given in

their honor, as well as to fête the Diamond Fields horse, who had

shortly before so gallantly fought under Sir Arthur in the war on the

northeastern frontier, driving Kreli out of the country and bringing his

tribe into subjection. The real grievance—and one destined to produce

dire consequences upon the province—the delay in giving out titles and

settling the land, had as yet found no remedy. Not even the chief

Waterboer had been settled with, and Mankoroane, the chief of the

Bechuanas, harassed on all sides by the Boers, had called upon the

British government for protection, offering to make over his territory

and people to the queen, as Waterboer had done before him. He, like

Waterboer, had always been loyal to the British rule, and to use his own

words: “I have always been true to the queen, have protected her people

when they were in danger from the Boers, and now when my people are

being crushed out of existence by the Boers the queen ought to protect

me and my people.” The lieutenant governor was of the same opinion, and

he suggested to the high commissioner that in justice and in policy the

British government could not do better than annex Bechuanaland. His

excellency further pointed out that to leave this fine country open was

to pave the way for future troubles—which it has done. The high

commissioner encouraged the scheme. Mankoroane and his councillors with

a number of his people came down to Kimberley, if I recollect rightly,

at the very time of Mr. Froude’s visit, and long conferences then took

place between the chief and his advisers, and the lieutenant governor

and his, the old chief being ultimately given to understand that he and

his people and country were to be taken over, as Mr. Southey said, with

the knowledge and consent of the high commissioner. This was another of

the promises made only to be broken; and to prove beyond question that

all the troubles predicted have come about, it is only necessary to

allude to recent historical events culminating in Sir Charles Warren’s

expedition to Bechuanaland. Mr. Southey had from the time of his taking

office persistently requested the high commissioner to get the land

question settled, and had sent warning after warning that delay in

giving out the titles was fraught with the greatest possible danger. But

the high commissioner was in the hands of the secretary of the colonies

in the first place, and in the second his excellency had not mastered

the situation. Then those who fomented discontent and disturbance had

circulated, among other infamous slanders, that the lieutenant governor

and the secretary to government were men bent on land-jobbing in their

own interest and in the interest of their friends and political

adherents.

In the session of 1875 the high commissioner, despite his previously

issued reassuring proclamation to the effect that no private rights

should be disturbed, sent up a land ordinance drafted in Capetown, and

requested the lieutenant governor to introduce it to the legislative

council and get it passed into law. This the lieutenant governor

respectfully but firmly refused to do. By the draft ordinance a land

court was to be created, and a judge appointed to decide upon the claims

of every one, no matter whether his claims were disputed or not. Even

Waterboer himself, from whom the government had derived all their

territorial rights, was to be forced into court and pay the expenses

himself, to prove that his private properties, farms, etc., belonged to

him. The judge was, moreover, to have power to reduce the size of farms,

and in no case to permit one to be given out of more than 6,000 acres in

extent. The lieutenant governor held that by allowing this ordinance to

pass into the statute book the government would be abrogating its

especial function, which was to protect those who could produce

unimpeachable titles, whether obtained by grant, purchase or other

legitimate means. The cost of going to law to obtain them they, he said,

ought not to be compelled to incur. The law courts ought not, he

maintained, to be called upon to deal with any land claims excepting

such as were in dispute. The executive government could deal with the

undisputed claims, exchange British for existing titles, etc., thus

saving expenditure and delay, while the high court was quite sufficient

to deal with disputed claims.

The high commissioner paid no heed to the lieutenant governor’s

remonstrance, but came from Capetown to the diamond fields and

introduced the draft ordinance into the council himself, while

presiding, as he was empowered to do, when in the province. The

popularly elected members at first declared that they would not vote for

the measure; nor would they even take their seats; which course, had it

been adhered to by them, would have effectually prevented the measure

being carried, as no business could be transacted unless two of the

elected members were in their seats. The high commissioner, however, by

the free use of his powerful influence, led the elected members to alter

their determination, hinting that if they did not take their seats, a

proceeding equivalent to assisting in passing the ordinance, he would

dissolve the council, and every one saw that if the high commissioner

could not control the council the constitution under which it was

created would be abolished altogether. The members took their seats, and

the ordinance was forced through and became law. The land court was

established, and Mr. Advocate Stockenstrom, of the supreme court, who

was then practicing at the bar of the court of the eastern districts,

was appointed the judge.

Sir Henry Barkly, having forced his land bill through the council,

returned to Capetown, leaving Mr. R. Southey at the head of the

government.

The greatest possible disaffection toward the land court soon found

expression on all sides. The editor of one of the newspapers, _The

Diamond News_, criticised the decisions of the judge with great freedom,

and amongst other remarks said that: “Judge Stockenstrom appeared to be

performing his duties under instruction, and if he was not doing so he

was incompetent for the office.” The editor was summoned before the

court by Judge Stockenstrom, and was charged with contempt of court. He

so ably defended himself that the judge withdrew the charge in a

semi-apologetic manner, but that did not allay the dissatisfaction. The

advocate of Waterboer, on the ground that his client had been grossly

insulted by the judge, and could hope for nothing like justice in that

land court, retired, with his client from the court, and refused to

continue his case.

The final adjustment was intrusted to Major, now Gen. Sir Charles

Warren, the land court having been abolished and the judge withdrawn.

Mr. R. Southey, soon after the purchase of the farm Voornitzigt, which

was sold to government for £100,000, was recalled, and that was the last

of Lieut. Governor Southey in Griqualand West.

[Illustration]

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