^'M K H. ch Villicrs.) You say that Montsioa is the Chief of the Baralongs ? — I say that he is looked up to as chief by most. " Wlio is the paramount chief by virtue of native custom and native right ? — I go by what I see in the Bloemhof Arbitration Blue Book, and there Moshette is mentioned as paramount chief, and that he was born so. " So that if any one has a right to Coetsee's farms by virtue of the Baralong occupation, it is Moshette and not Montsioa ? — I do not recognise the rights of any chief to them ; I only recognise the right of the Baralongs. " Montsioa has no rights then ? — Not in his own person. " Montsioa has no right to be where he is at all in any part, where he is at present ? — The attitude taken by Montsioa is, that the country is Baralong country, and the business has to be settled between him and Moshette, and. not between him and tlie Republic. " Montsioa was originally located far to the west of the- place where he is at present, was he not ? — He denies that he was ever located. " Where did he first settle ? — -The Baralong chiefs trek all over the country. So far as 1 can understand, his contention is that the country is theirs, and he settles where he likes. "Wlien you first drew the plan of what you thought Montsioa's people were fairly entitled to, you came from Kamathlabama to Leganka, and then to the north-west corner of the farm ' Wagen Drift ' ? — No ; I first drew the line above the corner of the farm to the actual drift. 21 " Just so ; and now your line comes to the east of your original line along the wagon road ? — Yes. " By this change of line, therefore, you give a considerable territory to Montsioa's people, which they would not have had if your original line had been adopted ? — Quite so. " How many acres would that be in extent ? — About 90 square miles, I think. " Did the Boer leaders, when you saw them, express any de.3ire to hear the native chiefs, Moshette, Machabi, and Montsioa ? — They said if they could not get the line they were willing to agree to now, they would wish to hear the chiefs, and they would like those chiefs to be summoned who wished for the line to embrace them. " What time would it take, do you think, to get all these chiefs here to be exammed ? — I do not think you could get them here under one month, at the earliest. Of course if you provided carts for them to come in, they might reach here much sooner ; but if you send for a chief, he sets out with a number of wagons and a long cavalcade, so as to make an impression and show his position, and consequently he treks slowly. " If we are to arrive at an immediate decision without liearing the witnesses ^^•honl the Boers wish to produce, would this new line proposed on the 1st of July be preferable, or your original proposal, the Hart's Paver line ? Say we can- not hear the witnesses proposed by the Boers, which would be preferable under all the circumstances of the case, taking everytliing into consideration, the occupation, compensation, native claims, Boer claims, and everything else ? —I have already said that I do not see my way to give a certain and decided answer. I do not know under what conditions native affairs on the border will be hereafter. I have already expressed that in my last memorandum. " But as between tlie two courses ; would it be better to hear all these chiefs whom the Boers wish to produce, or would it be better to adopt this comjiromise suggested in your memorandum of the 1st of July ? — I am afraid I cannot Jinswer that better than I have already iu writing. 1 have mentioned my difficulty, jmd I cannot say any more. 22 " (President) If you were in the position of the Com- mission, would you pin your faith to that line in preference tO' this {jMmting to the map), and take the consequences ? — If I was in the position of the Commission I should know how native affairs would be supervised on this border. I do not know now. " Nothing has been decided about v/hat is to be done out- side the frontier ; there may or may not be a Eesident, we have not considered that yet ; but in the Transvaal State the Commission has recommended, one member dissenting, that there be no sul^-agents or Eesidents anywhere within the Transvaal, so now you know just as much as the Commission ? — I would stick to the line I first recommended to tlie Com- mission on the 14th of May ; but I would make a slight alteration in regard to these farms touching Molopo river {^pointing to the map). I would cut all these into the Trans- vaal. '■■ {Sir H. de Villicrs.) Suppose you had to choose between the two alternatives ? — I think that very likely a more satis- factory result would be arrived at by hearing the natives. I think they would be more contented with any settlement tliat was come to. " Would your opinion be changed in any way if a British Eesident were stationed outside the Transvaal ? — Yes, that- would assist a good deal. If he was in communication with the Eesident in the Transvaal, and had certain powers over the natives outside, and any remonstrances to the Govern- ment of the Transvaal as to what occurred on the border were attended to, then I think an official just outside the line might be as effectual as an assistant just inside the line. " {Presided) Unless for the purpose of going into the merits of the question as it appeared before Governor Keate, that is, the original rights of the Boers and the original rights of the natives, if we simply want to look at the present posi- tion as it exists, what could we gain by getting the natives to see us ? Your map and your going over the country can tell us where they live, and Avhat they now claiiii, and what would now satisfy them, if we are not going to reopen tha question from the very beginning, before the Keate award;,. 23 and hear tlie case as it was presented by ten Becliuana chiefs who put their case before Governor Keate, and by the Trans- vaal arbitrator, — what do we gain by getting all this before us ? — All you gain is that you hear from the Boers and their witnesses the different sides on which to base your decision, whereas now tlie Boers will say that I am doing them an injury by recommending a certain line, and the natives will say exactly the same. Montsioa will think I have done him an injury if the red line shown is adopted. " (Sir JT. de ViUiers.) Although you give him 90 square miles more than you at first proposed to give ? — Yes ; but although on paper there is more square mileage it is not so good a line." The Commission, on Colonel Moysey's ex parte evidence, without hearing those most interested, adopted the present boundary line, altliougli even Colonel Moysey stated : — • " {President Sir Hercules Eohinson^ If Machabi wishes to be inside the Transvaal, would that make any difference ? — I would not let him go into the Transvaal and so injure the other natives. '■' How would it injure the other natives ? — If we put all his people inside the Transvaal, a great number of Montsioa's people would have to go in too, or else leave their ground. They are mixed up togetlier in a certain measure. There are no boundaries between these people ; it is a mere custom occupying a certain spot." In the line adojsted Machabi is taken into the Transvaal, and his own acknowledged paramount chief, Mosbette, is left out, the same thing occurred with the lesser chiefs of the Korannas. On the decision being reported to the Boer authorities, Dr. Jorissen said : — " We much regret a great breach is here committed of the rights of our country, inasmuch as the territory to he. cut off is inhabited by natives and by burghers of the country, and 24 guaranteed to these people by the State, and as far as we know they do not desire to be separated from the State and removed from its protection. If the Eoyal Commission determines upon carrying out its line to the westward, they will ignore the wishes both of natives and burghers, and in any case we cannot be burdened with the responsibility for any troubles which may take place then among the Kafirs who are cut off from the protection of the State." When Colonel Moysey went, in September, to lay dov/n the beacons marking the boundary between the Transvaal and the natives, both Moshette and Massouw refused to allow him to make any line, and Massouw. by force, compelled him to leave the district. Colonel Moysey informed the Royal Commission of this fact, yet they did nothing to aid him in his work, and the boundary line was never beaconed off. In his attempt to beacon off the line through Moshette's territory he was accompanied and assisted by a force of Montsioa's men. Moshette asserts that he was never informed of the new line till Colonel Moysey came to beacon it off, and he ordered them away, as they were coming to take more of his land away from him ; and two days after this unsuccessful attempt of Colonel Moysej-'s Moshette declared war against Montsioa, in order to recover the land and cattle that Montsioa had ta ken from him in May. He told Gen eral Joubert, when he went to try and arrange matters, that he was not responsible, " that he was not the cause or beginner of the war. He and his people had been attacked and murdered, their town burned, and everything robbed away. A commission had been sent some time since. Major Buller and Joubert. He had been forbidden to avenge himself on Montsioa, 25 and was told his case would come before the Eoyal Commission. He went to the Commission at Pretoria, but never got a hearing ; no notice was taken of his reasonable complaints ; land occupied by him and his people was, without his knowledge, cut off from the Eepublic (accoi'ding to the Convention), under the protection of which he was always safe, and no war occurred." He had not commenced any war. Montsioa was the attacking party. When at length no other course was open to him, and he obtained no justice, he took up arms in self-defence. When the news of this renewed outbreak reached Mr. Hudson, the British Resident in the Transvaal, he sent Captain Nourse as a Special Commissioner, instructing him to "endeavour to ascertain from each chief the causes which have created the existing ill-feeling between them, and you will use your best endeavours to preserve peace." "Pending the consideration of the report" he might send. Captain Nourse reported (C 3098, page 130) that he had interviewed both the chiefs. Moshette was willing to arrange matters, and to meet Montsioa for that purpose ; Montsioa was not. Captain Nourse says, " I then asked the chief (Montsioa) if he would be willing to make another armistice vintil the matter could be referred to Pretoria. The chief's reply was, ' I am not agreeable unless Moshette goes into the Transvaal with everything, and so long as Moshette lives at Kanana there will be no peace.' I then asked the chief if he would be willing to meet Moshette if I could arrange it. He said he would not unless Moshette moved the whole of his people 26 into the Transvaal. ... I told Montsioa that when Colonel BuUei' and Mr. Joubert came here to make jDeace the Boer and English Governments were very unsettled, and were fully occupied in making peace between themselves, and could not pay much attention to this border ; but that now the peace was concluded between them the Government will (^be able to pay more attention to this case." Captain Nourse explained to Montsioa that he was making a great mistake in refusing to either arrange for an armistice or meet Moshette, and gave him time to reconsider the matter. Captain Nourse again saw Moshette, who agreed to sign an armistice and allow the matter to be settled by arbitration, on condition that each party returned the projDerty he had captured, but Montsioa refused, although Captain Nourse told him "that I thought the terms Moshette was still willing to agree to were fair." He also told him that the conditions he, Montsioa, desired were not fan-, and that he (Captain Nourse) had come to arrange matters faiidy. During the first interview Captain Nourse had with Moshette, he asked what line of frontier would satisfy him (page 127), and Moshette "expressed his strong desire to become a Transvaal subject, as he had formerly been, and that the ground over which he claimed chieftainship should be brought within the line. The present position of the line between Machabi and Moshette, as defined by the Conven- tion, appears to be very inconvenient, rendering Machabi subject to a divided allegiance on the one side to his head chief Moshette, and on the other to 27 the Transvaal Government under which he lives." Moshette also stated he would like the boundary to be made "just as it used to be under Burgers, so that we shouW be under the Boer Government." As Montsioa refused to come to terms the war continued, both sides having white volunteers to aid them. Moshette and his white allies have been successful, and the greatest part of Montsioa's territory has been given out in farms by Moshette to the white volunteers who assisted him. We are now asked to interfere and save Montsioa from the results of his own folly, and replace him in the position he was in before the war began. The other war, one between Mankoroane and Massouw, in which, now that Mankoroane has been defeated, we are also asked to interfere, began by an unprovoked attack which he made on Massouw, paramount chief of the Korannas. The Korannas had been in the coimtry long before the Batlapins, and Mankoroane had admitted the claim of old Massouw, the father of the present chief, but unfor- tunately, at the Bloemhof arbitration, the country was given to the Batlapins, or rather to Mankoroane as the paramount chief: hence he claimed Massouw and the Koi'annas as his subjects. Notwithstanding the assertion of Mr. Forster and the Rev. John Mackenzie, the official evidence clearly proves that Mankoroane was the aggressor, and that he has. himself to blame for all his troubles ; and the evidence E-lso shows that not only in this war has he been the aggressor on the Korannas, but that he has also been, threatening the Batloias, and other tribes ; thus, on 28 lOtli February, 1882, the Eev. John Mackenzie himself sent a letter to Major Lowe, on behalf of Toto and Bareki, the Batlora chiefs, complaining of his conduct ; it states (C 3381, page 90): — " We speak about the various wars, and say we Batloras liave no liking for them ; last year Mankoroane sent to me Bareki, calling me, but I refused, saying to him I did not like war. He further wrote to me to say that if we did not help him he would attack us at Batloras, at Langberg, at Tsening, and at Tshoe; notwithstanding this we are not going into the war." And the Rev. Henry K. Bevan also wrote to Major Lowe, on 29th February, 1882, stating (C 3381, page 6G): — "I am requested by Botlasitsie (Gasibone), the chief here, to tell you that Mankoroane, the chief at Taungs, threatens to attack him immediately, and that he is quite unprepared to meet such an attack. In this great emergency he ventures to ask whether it is in your power so far to assist him as to ,send a remonstrance to Mankoroane. Mankoroane has persistently tried to force Botlasitsie to war for a long time past, and in this he has been urged on by the agents and other white people, who, as you well know, are the bane of native chiefs, and also indeed are in a great degree responsible for the wars which are going on in this country. Botlasitsie has done his utmost to maintain neutralitj^, and has allowed jue to advise and influence him in this direction. . . . The British Government probiibly has still a considerable moral influence over Mankoroane, and a representation from you might possibly still prevent him from falling upon the people liere, who have done nothing at all to provoke him. I venture, therefore, to add my own entreaty to Botlasitsie that you will without delay do whatever you can to protect ns." When the Piesident heard of this war he sent Captain Nourse to interview the chiefs, and see if 29 he could settle the quarrel. On arriving at the scene of hostilities, Captain Nourse thus reports : — " On the moniiug of the 4th I interviewed Mankoroane, minutes of which I append, together with his statement. Witli regard to this statement, I am of opinion that not. much reliance can be placed on it, and, from information gathered, I am convinced that the chief Mankoroane com- menced the war with Massouw without sufficient reason, relying on assistance from the British Government should he be defeated, and wishing to help Montsioa. As far as 1 could learn, Mankoroane's intention was to disarm Massouw on account of the assistance rendered by him to Moshette. and then to attack Kanana, ' Moshette's station,' on the south side, thereby assisting Montsioa, who is lighting with him on the north side. However, Massouw, together with other petty chiefs who would not bear allegiance to Mankoroane, and took refuge under Massouw, repulsed all attacks upon him by Mankoroane, and has since collected more strength and attacked INIankoroane, causing him to retreat and act on the defensive. Up to the time of my depar- ture Mankoroane had nineteen white volunteers, 'Englishmen,' but numbers were expected daily from the Diamond Fields. On my arrival at Kimberley I heard of a good many having left to join Mankoroane, and, in my opinion, unless stringent measures are used by both Governments to prevent the whites from taking part in the hostilities, it will eventually become a war between Englishmen on behalf of Mankoroane, and Boers on behalf of Massouw, and the more whites shot on both sides the greater the animosity will become." When the Resident went liimself to the seat of war in July, he told Mankoroane "that he was reaping the fruits of his own acts." "I told him plainly . . . that the British Government had information sufficient to justify it in helieving that he, Mankoroane, had first attacked Massouw, and used white men as allies." And my last quotation on this point is from the High Commissioner. In a despatch to the Earl of Kimberley, on April 1st, 1882, Sir Hercules Robinson says that Mankoroane " has only himself to blame for his present trouble, because, while living in peace and security at Taungs, he interposed unnecessarily in the quarrel between Moshette and Massouw on one side, and Montsioa on the other, by attacking Massouw." Yet with oil these facts before them, with the evidence of missionaries, a Special Commissioner, the British Resident, and the High Commissioner, Members of Parliament of high position assert that this war was begun by the Boers wantonly attacking the peaceful natives in order to rob them of their territory. When Captain Nourse saw Massouw, that cliief also complained that the new boundary line ran through his territory, cutting ofi" a number of his subjects, and placing them under the Transvaal Government, and so dividing their allegiance. He also desired to be again taken into the Transvaal State, and he has asserted that he protested against being cut away from the Transvaal. Massouw also told General Joubert that it was his wish to live in peace and friendship with the South African Republic ; he continues (C 3381, page 78) :— " It gives me sorrow to here bring to yonr notice that I and my people are cut off from the protection of the Republic by the new line, and that since then Mankoroane wishes by force to show his paramountcy, which does not belong to him, and for thot purpose, and with the help of English volunteers ai: under him, has burned down my out-stations, has taken ■ away my cattle, and has already attacked me four tunes here at Mamusa, and killed some of my people." Massouw also sent the following statement to General Joubert, signed by himself and his chiefs, acknowledging the new boundary line, and giving his reasons for opposing it. He says : — • " I, David Massouw Eeit Taaibosch, lawful great chief of the Korannas and their territory, M'ith the consent of the great council as representing the said nation and ruling over their territory, quite voluntarily, and without any reservation in the world, declare hereby fully to acknowledge and respect the right and title of the South African Eepublio on and over the lands situate to the eastward of the line made and fixed by the Convention which was signed on the 3rd August, 1881; . . . and I declare further to have protested and to continue to protest against the said and herein above described line ; only and simply because by the said line the territory of the Koranna nation is cut off, orratherremoved from the rights assured to them by the concessions made between the now deceased great chief ]\lassouw Eeit Taaibosch and the President and Government of the South African Eepublio, by which protection and help were assured. " The more so because by this line and separation our territory and natives are exposed to the political projects of false and low adventurers, who employ and allow their influence to be used witli the restless Batlapins, the foremost of whom, Mankoroane, is now busy to carry out their de- spicable designs, . . . and by force of arms seeking to subdue us, burn our stations, .steal our cattle, and kill our Xjoople. We declare never to have been subjects of the Batlapins, and will never submit as sucli ; tliat the lands inhabited and possessed by us never belonged to the Batla- pins, but are our lawful inlieritance and possession; that we wiU never leave them but defend them ; . . . and we hereby call for tlie help of all who love law and justice, in 32 the name of truth aud right, to help us to protect our lawful property against all our deceitful and covetous enemies." We have seen that the Boers and Mnssouw and Moshette protested against Colonel Moysey's boundary line, the one adopted by the Royal Com- mission ; that the war began again because the Royal Commission neglected to carry out the j^romise, made by Major BuUer on their behalf, to arbitrate in the quarrel between Montsioa and Moshette ; and the minutes of the Royal Commission show that the chair- man, Sir Hercules Robinson, was principally to blame for this breach of faith with the native chiefs, and now, to defend his conduct, this same gentleman has misrepresented all the efforts of the Transvaal Government to remedy his blunders and omissions, and persistently maligned them. This is a very serious charge, but I wUl bring the evidence on which it is based. When these native wars first began the Transvaal Government issued a neutrality proclamation warning their citizens to take no part on either side. As the war extended in its scope, the Transvaal State Secretary, on March 3rd, 1882, wrote to the British Resident, tellirjg him the troubles on their south- western border were extending (C 3381, page 65) :— " The sole cause of these much-to-be-lamented troubles is the unfortunate boundary Line made by order of the Eoyal Commission. " In vain did we in good time give warning against it. "The only measure possible to prevent bloodshed is a better division of the lands among the Kafirs. " We entertain a gcod hope that we should be able to bring about a satisfactory division of the lands, and thereby 33 pacify the great majority of the Kafirs, and, if necessaiy, to enforce peace. " We, therefore, pray you to come to tlie help of the Com- mandant-General, who is just now on the western borders, and propose to you to authorise, conjointly with him, the taking of the necessary steps to restore order and to put a stop to the shedding of blood, by an equitable division of the land. " Seeing that every day blood is shed, a speedy answer is desirable." The Resident's Secretary, in reply on the same date (page 65), informed tlie State Secretary : — " The representation made by your letter, and the desire expressed for some joint action in the matter, on the part of the British Resident, in the direction of a modification of the territorial lines settled by the Eoyal Commission . . . Deeply as the British Resident must and does feel the diffi- culty of the position, and desirous as he is to render any aid in his power, . . . it is not possible for him to interfere at once, and directly in the way and to tlie extent desired by your letter ; all that can be done at the moment is to lay the matter as quickly as possible before his Excellency the High Commissioner, and to ask for prompt instructions." On March 9th, 1882, the Resident's Secretary asked the State Secretary to send him a clear statement of the changes the Transvaal Government desired, and the reasons they had for making them. On the iCth the State Secretary replied stating that General Joubert had reported that : — " These fightings, this murdering, bloodshed, and robbery of cattle which are going on, have no other origin than the border line as now fixed by the Convention, by which Kafir tribes, which during many years were protected by our Government, and which, contrary to their expressed desire, ■will have been cut off from it, and in some instances ]\ave C 34 even been subdivided, so that one portion has fallen within, and another beyond, the Eepublic. ■" That wars would necessarily arise as a result, no one who has any knowledge of the natives, or local experience, has ever doubted. " During the sitting of the Hon. the Eoyal Commission at Pretoria, the members of the Transvaal Commission there repeatedly pointed this'out ; but other advice given by persons animated by nothing else than the lowest self-interest has triumphed. " We saw at the time clearly that these persons had no other object or intention before their eyes than that by for- bidding our intervention among the antagonistic natives, by which an entirely depopulated region would be brought about, — and as a result of their intrigues, Her Britannic Majesty would, in all probability, find herself compelled to declare the depopulated region British territory, and deprive tlie lawful owner thereof. " We therefore propose to alter and extend the boundaries, so that those tribes who wish to continue to enjoy the pro- tection of the South African Eepublic may again be brought within our borders." On March. 13th the Eesident asked "the particular Kafir tribes or captains proposed to be included." On March 15th the Transvaal Secretary replied (page 80):— " I am instructed to reply that the line, as contemplated by this Government, and which is the only one that can give satisfaction to all the natives concerned, is that made by President Burgers, with consent and approbation of all the chief captains who were the lawful occupants of the land. According to this line, Moshettc and Massouw fall within our Rcpuhlic, and would enjoy our protection, as they have always wished. Montsioa and others who do not desire this protection would Jail outside this line." - '" This proposal of the Transvaal Government is 35 clear and explicit. Yet Sir Hercules Robinson con- trived to misunderstand it, and in a despatch dated March 20th, 1882, page 04, informed Lord Kimberley that he had received a letter from the Transvaal State Secretary expressing the opinion that the sole cause of the troubles upon the western border is the boundaiy line made by the Royal Commission, and that the only remedy is a better division of the land among the Kafirs : — " I apprehend, from the explanations contained in a telegram of later date than the (Transvaal) State Secretary's letter of the 3rd, that the opinion which he means to convey is that if the Eoyal Commission had included in the Trans- vaal State the whole of the Keate Award territory, the Government would have been able to prevent or suppress the native troubles that have arisen there. By the remedy which he proposes, namely, " an equitable and better divi.sion of the lands among the Kafirs," I understand him to mean tlie annexation of the whole territory of the Keate Award. " It appears to me that it would have been unjust for the Eoyal Commission to have included in the Transvaal the territories of independent native chiefs, such as Montsioa, Mankoroane, and others, who have always been faithful British allies, and who were not willing to come under the Government of the new State." The Transvaal Government are not alone in thinking that the High Commissioner had wilfully misrepresented them. This charge is made very distinctly by Mr. Statham, the editor of the " Natal Witness," in his issue of November 11th, 1882. He says : — " Sir Hercules Eobiuson, we will venture to affirm, never for a single instant understood the proposals of the Trans- vaal Government to mean ' the annexation of the whole C2 36 territory of the Keate Award.' This language was used by him for the purpose of deliberately misrepresenting the Transvaal Government, while, as we shall see directly, be probably knew well enough that the Transvaal Government expressly disclaimed wishing to exercise authority over 'Montsioa, Mankoroane, and others who had always been faithful British allies, and who were not willing to come under the Government of the new State.' But did Sir Hercules Eobinson know that this was what was meant when he wrote that despatch ? We assert fearlessly that he did know, and that the ' telegram of a later date ' referred to in his despatch of the 20th March was a telegram from the British Eesident conveying the substance of the letter from the Transvaal Government of the 15th. That 'telegram of later date,' however, is not published. " But grant that Sir Hercules Eobinson did not know on ±he 20tli March quite what the Transvaal Government meant, did he ever correct the statement he sent home ? The letter written by Mr. Bok, the Transvaal State Secretary, on the loth March, was in the hands of Sir Hercules Eobinson before the 4 th April, for on that day he sent home a despatch ..enclosing it to Lord Kimberley. Did Sir Hercules Eobinson say a single word to correct the misrepresentation of his despatch of the 20th March ? 'No, not one single word ! But what will be said when it is known that this reply of ±lie High Commissioner's, wearing the appearance of a reply on the whole question, was written on the 31st March, /om?' days hcforc Sir Hercules Eobinson had posted to Lord Kimberley Mr. Bok's letter explaining, in a manner which cannot but seem satisfactory and reasonable to all impartial minds, the real nature of the request of the Transvaal Government ? " There can be no question that both the High Commis- sioner and the British Eesident have been guilty of gross and wilfid. misrepresentation — misrepresentation indulged in for the express object of injuring the Transvaal Government and liriuging about diplomatic difficulties, in the hope of discrediting the policy that led to the restoration of inde- 37 pendence to the Trausvaal, and bringing about a renewal of British interference." It is time, for the sake of all concerned, that the suppressed despatches should be published, because, judging from the extracts incidently given in Lord Kimber ley's reply, the High Commissioner has very much misi-epresented and slandered the Transvaal Government. Lord Kimberley says in his reply : — " In your first telegram of the 9th instant you informed me that you could not recommend assent to the Transvaal proposal, which, although it might perhaps afford temporary relief to Mankoroane and Montsioa, would be full of danger for the future. You said that Moshette and Massouw's territories would at once be given out in farms and the natives subject to taxation, and that they probably did not realise this." Sir Hercules Robinson knows very well that this statement of his is a pure calumny, that the native property and locations are secured to them by the laws of the Transvaal as much as they are by the laws of Natal. As to Moshette and Massouw not realising the position they would be placed in under the Trans- vaal law, these chiefs knew much more about it than Sir Hercules Eobinson ; thej- had been subjects of the Transvaal before, and they had been cut away from the RejDublic against their wish. Moshette had even been an apprentice in the Transvaal in his younger days, and served his term with a Boer master. When Sir Hercules Robinson was chairman of the Royal Commission, President Krugcr, Ex- Presidents Joubert and Pretorius, and Dr. Jorissen 38 all explained the law of the Transvaal in reference to native property, and their position in the country ; but of course Sir Hercules Robinson would rather accept the statements of creatures like King, Daumas, and Co., than the gentlemen I have named. I now come to the report of the Commission appointed by the Volksraad. I print the greatest part of it, and the reply of Sir Hercules Robinson. The Commission thus reports :■ — ■ "Your Commission must distinctly speak out. The blame of all the atrocities perpetrated on the western borders lies with the political system, which from 1873 up to 1880 has led the policy of the English Government on an erroneous course, and led it to injustice and to the violation of secured rights. " It is our solemn conviction that warnings have not been wanting. During the proceedings of the Eoyal Commission the following solemn declaration was made : — That we would submit ourselves generally to the cutting off of territory, only after we came to see that it was useless for us to speak about our rights. * * » * * " That the line proposed by Colonel Moysey made aggTCS- sions on the rights of the country ; that dwellers within our laud were cut off against their wish ; that these tribes had lived for many years in friendship with the EepubHc, and that the Eepubhc had accorded them her protection by solemn treaty; that the change of boundary, which cast them out of the State, gave them over, helpless, powerless, to their enemies ; that, if they should in vain look to her for protection, they would accuse us of breach of faitli ; that we must be restrained beholders of the endless bloody disputes among the Kafir tribes ; and that we as distinctly as possible disavowed all responsibility for possible troubles, and left them to the account of that power which compelled us passively and submittingly to look on at the injustice. " This earnest declaration should have prevented the 39 Secretary of State for the Colonics from iu any way holding tlie Republic responsible for troubles beyond our borders. "These troubles were foreseen by us. The representa- tives of the people warned against them, and predicted them. " The causes of these troubles were briefly these : — " 1. The land now cut off from our country belongs lawfully to the Eepublic. " 2. These lands have been cut off without the slightest care ; the result being that now no one of the Kafir tribes knows what line it must adliere to. The Eoyal Commission has deprived the Kafir tribes of the protection which they had from the Eepublic, and has settled nothing, as among the tribes themselves. Thus, without leaving to this country the right of intervention, the Eoyal Commission has burdened it with all the difficulties of barbarous strife on its borders, which it is powerless to restrain ; and, besides, has exposed it to being blamed in Europe as oppressing the Kafirs. " The tactic employed during late years has been this : the violation of the old rights of the lawful great chiefs, and the putting in their place of new persons or candidates who had no clear claims. Thus Montsioa has been put above his lawful superior chief, Moshette, and Mankoroane above Gasibone. All the arguments employed since 1872 had availed nothing. "Montsioa made an attack on Moshette iu May, 1881. On the first report thereabout there arose serious discussions between the members of the Eoyal Commission and the members of the Transvaal Commission. " The inroad made by Montsioa excited great disquiet among our people, and the Commandants Cronje and Gref felt themselves obliged to call up a burgher guard for the protection of the borders. " At first the Eoyal Commission seemed inclined to accuse and blame these commandants; but, becoming better informed as to the true position of affairs, it was agreed by the members of the Eoyal Commission and the members of the Triumvirate to send Colonel BuUer and the Commandant- General P. J. Joubert to the disturbed region to make an investigation. 40 "The investigation took place. What the nature of Colonel Buller's report was your Commission is not aware ; but the report of the Commandant-General was sent to the Eoyal Commission, with a host of proofs of Montsioa's guilt, and insisting upon his being righteously punished for his many murders. "This the Commission again urged by another letter, dated 24th June, but all in vain. The Eoyal Commission did not concern itself further in this case, and left everything- in an unsettled condition. " It must be presumed that their view was, that if they followed the report of Colonel Moysey as to a new boundary line all difficulties and troubles would disappear of themselves. The new line was fixed by the Convention, and forced upon us, to act at once as a magical charm in putting an end to all difficulties. " But it is easier to mate a boundary line on paper than to put an end to disturbances and dissatisfaction. " Experience, alas ! has taught this. Colonel Moysey in his report declares in the clearest manner that he was unable to set up beacons for whole lengths of country, because the Kafirs would not allow him to do it. " Thereupon he went quietly away to Europe, made his written report, and left behind him an open source of atrocities. " There was not long to wait; Moshette, fruitlessly relying- upon the decision of the Royal Commission, promised to him^ by Colonel Buller and General Joubert, and not obtaining justice, resolved to be his own judge and to avenge himself. " That is the attack in October last, which the evil-minded press of the peace disturbers in Kimberley and Natal put tO' tlie account of the ' Boers ' they so hate I Since that time heaven and earth have been moved to bring about a new intervention by the British Government. This, of course,, means the gold which the troops bring with them for the hungry adventurers. They well know how to set as many wires as possible in motion to excite the self-love of the- English nation. To this end serve the lying statements that great commanders of Boers have trespassed beyond the 41 borders. Tlie accounts fabricated by them of murders and homicides cannot fail to wake up the Christian people of England. If only official sensitiveness about violation of boundaries fixed by the Convention unites ■with the sincere but blind missionary zeal of the so-called ' Exeter Hall ' party, then it becomes almost mathematically certain [sic. 'wiskundig zeker'] that new expeditions will be sent out from England. " In this way Kafir wars are made, and how often have not their plans already succeeded]? What do these speculators' in the supplies for the troops care for such a disaster as Isandulana ? A thousand killed signifies a thousand men too few who must be sent out from England at heavy expense, which chiefly comes into their pockets. " Your Commission is becoming severe in its judgment, it will be said perhaps. But how can it be otherwise, when it is seen that their lying representations, and the untruths which, with such craftiness, are sent to England, in direct opposition to the facts, are published, as may be seen as clearly as the sun from the official reports of English officials in the Blue Books ? " One of the chief causes of misunderstanding is the notion that the barbarous Kafir tribes may be divided, in a certain political sense, into British-affected ' loyal ' and Boer-affected ' disloyal ' Kafirs. Even if there were any pretence for this notion, still sound policy would dictate not to attach much weight to it, in view of interminable disastrous consec^uences which such a policy involves for the future of South Africa. While reconciliation between Afi-icanders and Englishmen is desired, shall the firebrand of nationality be thrown among the Kafirs ? One shudders to contemplate the horrors which the introduction of such a controversy among the mOlions of blacks in South Africa wUl produce. ***** " Your Commission thinks that the origin of these troubles is to be found therein, just as the renewed outbreak thereof in last October and the continuance thereof is the consequencii of the passive attitude of the Eoyal Commission. 42 " The Government does what it can to prevent the burghers taking part in the strife, but it cannot prevent them, just as little as the Government of Her Majesty the Queen of England can prevent it. ***** "Powder and ammunition are regularly supplied from Kimberley, and English volimteers take part in the wars without being interfered with. " But just for these reasons must a conclusive step be taken. A condition of robbery, freebootiug, murder, and homicide must cease. The influence of the Eepublic is great enough to enforce peace, if only the chiefs come to know that the old farce of ' loyal ' and ' Boer-affected ' Kafirs is no longer countenanced by the English Government. In other words, when they see that they can no longer take advantage of the disunion between England and the Eepublic, because such disunion no longer exists, there is peace. " Let the old border lines established by solemn cession be restored. Between the Kafir races, Batlapins and Korannas, let internal arrangements be made, and let the British Eesident and the President of the Eepublic be appointed as witnesses and perpetual arbitrators in regard to aU border matters. " Your Commission has thus recorded, in general terms, the impression which a cursory perusal of the documents has produced. " The proof of all they have stated is at hand, although they have not in each instance made a specific reference. "There is too much danger in delay. They cannot longer witness the progress of robbery and murder, and, therefore, suggest to the Volksraad to give the Government the following instruction : — " Considering that the existing border line, as established by the Convention on the south-west boundary of the country, is the inducing cause of the incessant disturbances and atrocities on our borders; "Considering that the absence of beaconing-off lines between the various Kafir tribes beyond our borders is the occasion of continual wars ; 43 " Considering that it is impossible for our Eepublic to tolerate any longer the present condition of things, the Volksraad resolves : That the Government immediately propose to the British Eesident that they should send a Commission to put an end to the aforesaid troubles ; that this Commission should regulate the boundary in accordance with the still existing treaties between the Eepublic, Moshette, Massouw, Gasibone, &c., namely, between the Eepublic and the natives, and between the native tribes among them- selves." Sir Hercules Robinson, in sending the report to Lord Kimberley, states : — " The resolution affirms that the boundary on the south- western border, as laid down iu the Convention, is the ' inducing cause ' of the present disturbances, and that the absence of clearly defined boundaries between the Kafir tribes beyond it is the occasion of continual wars. The Volksraad accordingly recommends that the Transvaal Government and the British Eesident should send a Commission to regulate the boundary of the State in accordance with the treaties entered into between the Eepublic and Moshette, Massouw, and Gasi- bone, and to define the boundaries between the Eepublic and the natives, as well as between the native tribes among them- selves. " I am unable to concur in the view taken by the Volksraad as to the cause of the present troubles, or as to the fairness of the course recommended for putting an end to them. As far as I can see, there are no facts stated in the report of the Commission of the Volksraad, wliich support the opinion expressed by it as to the origin of the disturbances, or which tend to justify the remedy suggested for their removal. " It appears to me that tribal feuds and differences of old standing have existed between the various native chiefs in the country known as the Keate Award territory, long Ijefore the Convention line was laid down. These disputes were not generally traceable to the absence of beaconed boundary lines between one chief and anothei-, tliis being a state of things 44 which has existed from time immemorial, but they were mainly attributable to rival claims for parainountcy, the British Government and the South African Eepublic having- supported different claimants, whilst the South African Eepublic had accepted from the chiefs, whose pretentions they upheld, the cession of their respective territories. "The parties to these feuds had for some time been restrained from breaking out into open warfare by the annexa- tion of the Transvaal, and by the belief which was enter- tained by the various chiefs that they were in some indirect way amenable to British jurisdiction and control. When, however, the retrocession of the Transvaal took place, and the British troops were withdrawn from that province, this feeling of restraint was removed, the chiefs having been informed that it was not the intention of Her Majesty's Government to exercise any jurisdiction over the chiefs and tribes inhabit- ing the territory beyond the new Transvaal boundary line, and that their independence was fully recognised. "Hostilities thereupon soon commenced between the Baralong chiefs, Moshette and Montsioa, and between the Koranna and Batlapin chiefs, Massouw and Gasibone, on one side, and Mankoroane and Mathlabani on the other. All these chiefs were left by the Convention in independence outside the boundary of the Transvaal, and if they had been allowed to settle their disputes and rival claims amongst themselves, their differences would probably before long have been adjusted. But, unfortunately, a number of Transvaal burghers, influenced by a desire for the plunder of cattle, and for the acquisition of land, took the part of Moshette against Montsioa, and of Massouw and Gasibone against Mankoroane and Mathlabani, in open violation of the proclamation of neutrality issued by the Transvaal State. "During these hostilities, Montsioa, Mankoroane, and Mathlabani have scrupulously respected the Transvaal boundary line as laid down by the Convention. Not so their opponents, Moshette, Massouw, and Gasibone, who, aided by Boer freebooters, have had the advantage of the Transvaal territory as a place for organizing marauding expeditions, for procuring ammunition, and for disposing of captured stock. 45 " It is therefore, I maintain, altogether a mistake to allege that the border line, as estaljlished by the Convention, on the south-western boundary of the Transvaal, is the 'inducing cause' of the existing disturbances and atrocities on the border. The contending chiefs and tribes are, as I have observed, all outside the Transvaal boundary, and that line does not in any sense, or in the slightest degree, constitute an ingredient in their quarrels amongst themselves. " The remedy proposed by the Volksraad is in effect that the whole of the country now in the possession of the Bara- longs, Batlapins, and Korannas should be included in the Transvaal State, and locations assigned within it to tlie various chiefs and tribes. This is simply a repetition of the claim advanced by the Triumvirate, to which the Eoyal Commission, after the fullest consideration, felt it could not in justice agree. ***** " If whilst firmly adhering to the present border line of the Transvaal, as laid down by the Convention, it sliould be found that the various Bechuana tribes outside really desire that their boundaries between each [other should be defined, I could, as High Commissioner, select au impartial and in- dependent Commission to undertake such a work. But it certainly appears to me tliat the Transvaal Government which claims the whole territory, and maintains the riglit of Moshette, Massouw, and Gasibone, to dispose of it without reference to the other chiefs, could scarcely with fairness be allowed to have a voice in the adjudication of such a matter." There are several inaccuracies in this reply of the High Commissioner. He insinuates that the war was caused by the desii-e of the Transvaal burghers to plunder the natives of their cattle and their land ; but Sir Hercules Robinson is well aware of the fact that it was not the Transvaal citizens, but English subjects, and our own paid agents, men like Messrs. Daumas and King and Mr. Bethel, who were the real 46 instigatovs of the war. It was established by the correspondence given in evidence before the Royal Commission tliat Bethel, Montsioa's agent, had instigated Montsioa to begin the war by attacking Machabi, and the following extracts show what King and Daumas have done in reference to the second war — a war for which the High Commissioner him- self admits Mankoroaue is to blame. The evidence shows that Sir Hercules Robinson knew what his agents were doing. On 9th February, 1882, Captain Nourse telegraphed to him (C 3381, page 34) : — " With regard to the war now going on between the chiefs David Massonw and Mankoroane, the latter is entirely to blame for its commencement. Massouw is acting exactly in the same way as Moshette, and derives great assistance from the Transvaal State. Botli chiefs are actively employing white men to fight for them. Massouw is raising 300 Boers, to receive half booty and a farm each in Mankoroane's territory, should they drive him off it. "I cannot too strongly condemn the actions of Messrs. A. Daumas and C. King. Both, I believe, are receiving Govern- ment pay, and are employed as Government agents in Mankoroane's country, by not only personally fighting for him, but allowing themselves to be employed as recruiting agents, and maldng every endeavour to obtain ammunition for him to carry on the war." On 21st February, 1882, the Civil Commissioner at Barkly informed the Secretary for Native Affairs : — "I have explained to Mr. Daumas, Mankoroane, and Kantlapan, that the Cape Government intend assuming the attitude of strict neutrality in the present disturbance beyond our borders ; but I cannot help thinking there is a good deal of truth in Mr. Sevan's letter, where he states that the 47 agents are to a great degree responsible for the present disturbance. Mr. King and Daumas took upon themselves to go out with Mankoroane to attack David Massouw, instead of remaining at their stations, and, as far as I can understand, both these agents are assisting Mankoroane in the field. Under all circumstances I do not consider that the agents are of any assist- ance to the Government, hut appear only useful in egging on the several chiefs into hostilities, which may result in very serious consequences." On 10th February, 1882, the Secretary for Native Affairs, Cape Colony, wired to Civil Commissioner, Kimberley : — "Please send the following message without delay to Daumas and King, who are with Mankoroane, viz. : It has come to the knowledge of Goverimient, that both of you, who are Government agents in Mankoroane's coim^try, are not only personally fighting for him, but allowing yourselves to be employed as recruiting agents, and making every endeavour to obtain ammunition for him to carry on the war. This is such a glaring violation of your duty as officers of Government that it can hardly be credited. If, however, the statement is correct, I am to direct you at once to desist and to abstain from taking any part, directly or indirectly, in the war in which Mankoroane is engaged, and to call upon you for an immediate and full explanation of such reprehensible conduct." And these gentlemen have been dismissed with a month's notice and " a gratuity each of three months' pay," and a hint that their services may again be required ; these agents of Sir Hercules Bobinson's Government in the Cape fought during the entire war, and they are still there looking after their own interests. I give, without comment, their defence : — 48 " Should vre be recalled by Government now that Man- Jcoroane is in such jeopardy through Boer assistance, in the shape of ammunition and volunteers, all the native tribes will consider that the British Government is deserting, and has lianded over Mankoroane, who has always been its loyal friend, to the Transvaal to be crushed. This will be very detrimental to British prestige in South Africa. " Our private reason is that the natives and all who have known us here would look upon us as cowards if we left this place now that Mankoroane is short of ammunition, and the rebel chiefs have been so far successful on account of the assistance they have received from the Boers, thereby being camped close to Taung and threatening to attack it again notwithstanding they have been twice repulsed with heavy ioss." Messrs. King and Daumas now appear in a new character : tliey have signed some of the official documents as Bechuana chiefs, and Mr. Hudson tells us that Daumas has adopted native habits " and, though an European, is reputed to be as much a Kafir as Mankoroane." The assertion of the High Commissioner that Mankoroane has always respected the Transvaal boundary line, while his opponents have not done so, is also inaccurate. In Captain Nourse's report (C 3381, page 4'J) I find that when Mankoroane bes:an the war he moved with a force across the boundary line into the Transvaal, that he bribed the Commandant of the Christiana district, Antony Kok, to aid him, and promised Kok a thousand head of cattle for his assistance during the attack. Kok, with about fifty Boers, assisted Mankoroane and drove Massouw's cattle across the river. Manko- roane's force then retired with the cattle, but Mas- 49 souw's men followed them and re-captured the cattle. General Jouhert suspended Kok for this transaction, and appointed Piet Uys Commandant in his stead. Major Lowe also reported that Mankoroane's people were using part of Griqualand for their raids on Gasi- bone, and the Major ordei-ed their huts to be burned. The war was carried on by the contending chiefs, "with the aid of white volunteers, who were hired on the condition that they would be repaid for their services with farms in the territory of the conquered chiefs. Several hundred of these volunteers from the Transvaal, the Orange Free State, and the Cape Colony, assisted Moshette and Massouw, and they have conquered Montsioa and Mankoroane, and the largest and best part of the land of the last-named chiefs have been divided amongst the volunteers. Mr. Hudson tells us there are about 500 or 600 of these volunteers settled in the territory. About 120 are deserters from the English army and English colo- nists, and the remainder, I believe, are Boers, about equally divided in number from the Transvaal and Orange Free State. Mankoroane and Montsioa began the war, first used white volunteers, and now, when they have been beaten with their own weapons, the pupils surpassing the masters, we are asked to interfere and restore them to their former position. The volunteers who were serving with Mankoroane and Montsioa have coalesced with those of Moshette and Massouw, and the combined volunteers have organised themselves into two Republics, the one in the Batlapin district called Stellaland, and the other in the Baralong district called Goshen. 50 The problem now is, what should be done in the disturbed district ? We are told by the High Com- missioner and the Resident, that there are four courses open to us : — First, the annexation of the district by the Imperial Government ; second, its annexation by the Cape Colony, or its division between the Cape Colony and the Transvaal ; third, the annexation of the whole territory by the Trans- vaal Government ; fourth, do nothing and allow matters to settle down as chance may allow. If we attempt to cai-ry out the first plan we will require, according to the report of the Resident, a force of at least 2,000 men, and that this force, after conquering- the territory, must remain for a long time in it, in order to protect it afterwards. In his despatcli of January 6th, 1883, the Resident says (C 3486, page 53) : — " What can be done by way of remedy to a state of things so politically difficult and embarrassing, so lamentable in itself, and so repulsive to every just and humane principle and feeling, and to diminish, and as soon as possible to remove, a danger wliich appears to be highly critical and to threaten the peace, and indefinitely retard the progress, of this part of South Africa? ***** " The decided intervention of Her Slajesty's Government is a suggestion largely advocated ; liut this, to he effectual, must be forcible and sufficiently strong ; a weak military force could not cope quickly and conclusi\'ely with the stamp of men who now hold lawless and defiant possession of the country; no Imperial military expedition would receive assistance from the other Governments of South Africa. These men, numbering now between five and six: hundred, consider themselves to have an absolute and indefeasible 51 title to the land they have conquered. Upon any show of force, not manifestly and absohitely sufficient to overawe and compel submission, tliis number would, undoubtedly, be considerably increased by sympathisers and adventurers from the Transvaal, Free State, and probably also from the Colonial borders. The expense would be very great, and a fresh settlement after all be necessary. There could hardly be a simple return to and enforcement of the status quo ante. I can hardly anticipate that Her Majesty's Government would undertake the task in this form, and for such purpose only. There are, besides, other and very grave considerations affecting South African feelings and interests involved in the adoption of such a policy. ***** " I cannot conceal that I have, however, reluctantly come to the conclusion, notwithstanding my condemnation of the unlawful, uncompromising, defiant, and dishonest means by which the large number of white men have acquired such rights as they have done and determinedly exercise in land which certainly does not belong to them, it is now not possible to regard or set aside the dc facto possessions they hold ; but I believe that means might be found, as the result of inquiry, to reduce and, to a great extent, abrogate, a good deal of the forcible seizures of native lands which have taken place under colour of ' Treaties of Peace,' and to secure to the unfortunate Natives some clear respite from the fate which, in the absence of some intervention of a definite kind, very ap)proximately waits them. ***** " Can things be left just as they are ? — hold the Cape and Transvaal Governments bound to the present Convention line, and refuse to concur in any extension of frontier and still leave the unfortunate Natives, so many of whom have confided in and trusted all their fortunes to the English authority, name, and support to the results of a miserable technical ' independence,' for the maintenance of whicli they obtain no assistance ? The result of such a policy of absten- tion must, I think, be disastrous to them." r> 2 52 The course advised by the Resident is to appoint a Commission composed of one representative for the Cape Colony and one for the Transvaal Government, with himself as Resident, to divide the territory between the Cape Colony and the Transvaal. This is a very wise suggestion, but unfortunately tlie Cape Government will not accept it, and on several occasions have refused to take any part of the terri- tory. Some of their minutes on the question are almost as curt and vindiplomatic as those of the Ti-ansvaal Government. Sir Hercules Robinson thus reports the result of his negotiations with the Cape Premier : — " I have spoken to Mr. Scanlen, the Premier of the Colony, as to tlie second course, and he assures me that any idea of the Cape accepting such a responsibility . . . may at once he abandoned, as he would he no party to submitting any sucli proposal to Parliament. He considers that there will probahly always he trouble outside any northern colonial horder that could he fixed upon, . . . and that, looking to the result of the intervention undertaken in the case of the Basutos to save them from extinction, the Colony is -certainly not prepared to incur the trouble, expense, and risk -of taking the Batlapin tribes under its rule, with the con- tingent obligations of having to fight the Boer freebooters in the first instance, and j^ossibly the Batlapins later on when the present danger to them shall be over, and the pressure -of colonial control alone be left." As to the third course, permitting it to be again incorporated into the Transvaal State, Sir Hercules Robinson is strongly opposed to such a course, and, as usual when writing on the subject, places the worst possible construction on all the Transvaal Govern- I 53 ment have done in the past, and what he supposes they will do in the future. It is a matter of no consequence to the High Commissioner that what he is so confidently predicting as the future intentions of the Transvaal Government is a course contrary to the fundamental law of the country, and has been indignantly repudiated by them. Sir Hercvdes Robinson's advice is, that if we do not carry out the first pi'oposal and annex the territory ourselves, we ought to let things alone. The absurd and vmjust Keate Award is to him the perfection of equity and sound policy. So, likewise, is the equally unjustifiable boundary line laid down by the Com- mission, of which he was the Chairman, in 18S1,. notwithstanding the protests of both the Boers and the Natives. "When Chairman of the Royal Commis- sion he entirelyignored the fact that the Keate Award had, as Sir Theophilus Shepstone said, handed the tei'ritory over to land speculators and adventurers, and the anarchy of tribal disputes and disturbances. Without hearing some of the parties principally interested, he adopted a boundary fine that Colonel Moysey, who proposed it, was not even able to beacon off"; and when, in consequence of his im- patience, and his want of good faith in refusing to carry out the arbitration between Montsioa and Moshette, which Major Buller guaranteed should be done, the condition of tilings has occurred that the Boer leaders foretold, and of which our own Governors and our officials who best knew the district had also previously warned us of, this- statesman still defends his discredited policy, mis- 54 represents and abuses the Transvaal Government to, if possible, prevent a wiser one being adopted, and actually recommends us to allow the present condi- tion of bloodshed and anarchy to continue, that Bechuanaland should still remain a field where all the rowdies and adventurers of South Africa, the deserters and outlaws of both races, can indulge unchecked in plunder and rapine. The latest tele- grams tell us he is returning to England. I trust he will remain at home, and that a new High Commissioner will be sent out to inaugurate a totally diflFerent policy. If we refuse to interfere ourselves or allow the Transvaal Government to do so, the responsibility of prolonging the bloodshed and anarchy will lie upon us, and we will again destroy those we desired to protect. Sir Hercules Robinson is not only responsible for the policy that originated the disorders ; he is also, to a laxge extent, resj)onsible for their continuance. He has met all the offers of the Transvaal Government with insulting incredulity, miore or less misrepresenting them, and advising their rejection. When peace was arranged between Montsioa and Moshette, and between Mankoroane and Massouw, and they wished the Transvaal Govern- ment to take over the territory and arbitrate between the ojjposing parties, he refused to permit this course to be adopted, as it was contrary to his Convention, — that this Convention had been accepted by the Triumvirate, and ratified by the Volksraad. But here he again misrepresents facts ; it was accepted by the Triumvirate under protest, and only ratified provisionally by the Volksraad in order to 55 give it a trial, they having been requested to give it a trial by Lord Kimberley in his telegrams. By the course he has pursued Sir Hercules Robinson has made things very much worse for Mankoroaue and Montsioa than they would other- wise ha.ve been, and these unfortunate chiefs may well pray to be saved from their friends. They signed treaties of peace agreeing to surrender the largest jaortion of their land to make farms for the white volunteers, and they wished the Transvaal Government to act as arbiter and define the new border ; but the High Commissioner tried to prevent any interference, and the result is that the adven- turers and freebooters have simply taken whatever pleased them, and unless they are checked, if the territory should remain a field for all the vagabondage of South Africa to run riot in, the territory of the Batloras and other tribes will probably be attacked and still greater evils may occur. Moshette, Mont- sioa, Massouw, Mankoroane, all the chiefs who have been engaged in the struggle, have asked the Transvaal Government to take them under its pro- tection ; they have signed formal documents asking to be incorporated again in the Transvaal Eepublic. We have prevented this being done because, accoi-d- ing to the Convention, such an act requires our consent. On what grounds can we refuse if both the native chiefs and the Transvaal Government are willing? Lord Derby has made one of his usual able and statesmanlike speeches during the debate on the question in the House of Lords, and I have no doubt when Dr. Jorissen, the Attorney- General 56 of the South African Republic, who is at present in London, brings the evidence of his Government before Lord Derby, ovir new Secretary for the Colonies will exhibit that spirit of fair play and good common-sense which has so long characterised him, and settle this question in a wise and equitable manner. It is time we defined the position we intend to occupy in South Africa in the future, and the ques- tion will arise on the amendment of Sir George Campbell. We have granted self-government to tlie Cape C/olony, and Natal has asked for the same privilege. If we grant this boon to Natal, and make her clearly understand that in future she must pay for all her wars, that she can have our troops only on condition that she pays the entire cost, — if we adopt such a policy there will probably be peace on her borders. Since we granted self-government to New Zealand, and compelled the New Zealanders to pay for their own native wars, the native troubles there have practically ceased. In Africa, America, and Australia we have founded, at great expense in blood and treasure, our flourishing colonies. We have given them the magnificent crown lands as a free inheritance ; we have treated them with a generosity unparalleled in the history of the world, and how have we been repaid ? They have enacted laws to shut us out of their markets ; they treat us like any other foreign country, — nay, some of them are even prepai'ed to offer better terms to a foreign country than to our- selves. We cannot afford to continue this poUcy, and. 57 in future all our colonies should understand that the mother country is not prepared to do any more for them than she has done, and that the Colonial Office, like the Indian Office, must be self-supporting. In South Africa we have the descendants of the early Dutch and French Colonists, the Africanders : to them and to the English Colonists who have made South Africa their home the future belongs, and T trust Lord Derby and the present Government will seriously consider our present strained relations, with the South African Republic, and try to bring about a different condition of things. The citizens- of the Transvaal and the Free State consider we have grievously wronged them : we have deliberately violated the solemn treaties that we made with them. They left our territory and wandered into the vmexplored wilds of the continent to found new communities, where they could be free and self- governed. In Natal and in the Free State we followed them ; we fought and conquered them ; Natal Iwe have retained, but we were glad to give up the Free State. After the battle of Boomplatz, we offered a treaty to the emigrants who had ci'ossed the Vail River, and at our wish Pretorius and his followers met us at Sand River. A Convention was signed that was satisfactory to both parties ; I append that Treaty. The Boers have faithfully fulfilled all the obligations they incurred ; we have shamefully violated ours. In 18G8, in 1871, and in 1877 we dishonourably broke our engage- ments, and seriously injured two nations weaker than ourselves; we did to the Republics of the 58 Orange River and the Vaal River what we dare not do to the RepnbUcs of France and America, and to the present hour we still refuse to undo the wrongs, far less offer restitution. Mr. Gladstone, in his Midlothian speeches, said the annexation of the Transvaal was impolitic and unjust, — nay, he went further and characterised it as insane. He repudiated the transaction, and denounced the dishonourable means by which it had been brought about. All now admit that the destruction of the South African Republic was brought about by misrepresentations and false pretences ; for three years, by protests and appeals to our sense of justice and fairness, they tried to get the wrong undone ; they were unsuccess- ful, and had to appeal to arms. In the midst of the war we offered terms, and appointed a Royal Com- mission to arrange our differences. This Royal Commission compelled the Boer leaders to accept a treaty in which they did not even get the terms we proposed during the hostilities. Rather than again appeal to arms they protested and signed it. The Parliament they called were as much dissatisfied as themselves; they again appealed to our sense of justice, complained of this further wrong that was being done to them, and finally the Volksraad consented to provisionally ratify the Con- vention their leaders had signed, and give it the trial we requested. They have done so. Bechuanaland, an old part of the territory, was cut away from them : it was given to native chiefs who had emigrated into it after they had settled there, just as they have done in our own colony of Natal. We 59 told them to compensate tlieir citizens whose land had been thus cut away, and we left them smarting under a sense of further injustice : our Colonial officials have treated them in a fashion which has intensified that feeling, and the slightest cause, with the present tension of feeling, will brmg about a war which will either end with the independence of South Africa or the annihilation of the Africanders. It is time to offer simple justice to the Boers. The Government admit that all the pretexts for interference in 1877 were false and dishonest ; the Sikukuni correspondence before and after annexa- tion is a blot on Lord Carnarvon's good name, and a scandal to ourselves. There were more native wars and troubles during the three years we held the country than during the thirty years the Boers governed it. Our native ]5olicy was disgraceful ; we appointed as magistrate in Zoutspansberg a man who had been degraded from his post by the Boer Government for dealing in slaves. This man, a Portuguese, named Albasini, was discovered by the Government of the Republic to be prostituting his position and dealing in slaves ; they prosecuted him, but did not secure a conviction because there was a flaw in the indictment, but they ignominiously dis- missed him from his office ; yet when Sir Theophilus Shepstone annexed the country, he reappointed this scoundrel as a magistrate in his old district. When we took over the country there were no wrongs of the natives to right, no slaves to liberate. Sir Wilfred Lawson offered a reward of ten pounds for every one that was found, and no one attempted to claim it. But 60 what has occurred since the country has been handed hack to the Boei's 1 They have ordered the release of hundreds of natives who had been apprenticed con- trary to the law. Some of these natives had been apprenticed for a period that would expire in 1894, and this wrong done to natives by British magis- trates, when the country was governed by us as- despotically as we govern India, or as Russia is. governed, has had to be undone by the present Volks- raad, which has ordered their liberation. In the last Blue Books we have tlie humiliating admissions made by our ex-officials that the charge made by the Boer Government is true — that eight hundred were- apprenticed at Potchefstroom, and hundreds m.ore at Pretoria, — and all they can plead in extenuation is that the natives apprenticed nearly all ran away, and that there cannot be many to liberate. By solemn treaty we agreed to recognise the full and complete freedom of the Republic. By an almost unprecedented breach of international law we annexed it, notwith- standing the protests of the Government and the people. This policy of force, fraud, and folly has been discredited. It began in dishonour and ended in disaster ; but we have not fully undone the wrong — we have not entirely reversed the unjustifiable act of annexation — we have placed new bonds on them which they refuse any longer to bear. They ask. Why should we be placed in a different position from our brethren in the Free State 1 and wha,t they have done that the full and complete measure of indepen- dence guaranteed to them by the Sand River Conven- tion shall still be Avithheld ? and they will never rest 61 satisfied till a treaty on the lines of that Convention is again granted. The present Convention has caused serious difficulties and undesirable complications, and I trust Lord Derby Avill still further add to his high reputation for statesmanship by following the course that justice and policy alike demand, — that he will modify the Pretoria Convention, and return to the conditions adopted in 1852, as such a course only will restore that goodwill and friendly feeling be- ween the Dutch and English populations which is so necessary for the peace and prosperity of South Africa. 62 APPEIS[DIX. No. 1. THE SAND RIVER CONVENTION. Minutes of a Meeting held in the place of Mr. P. A. Venter, Sand River, on Friday, the 18th day of January, 1852, between Major W. Hogge and C. M. Owen, Esq., Her Majesty's Assistant Commissioners, for the Settling and Adjusting of the Affairs of the Eastern and North-Eastern Boundaries of the Colony of the Cape of Good Hope, on the one part, and the following Deputation from the Emi- grant Farmers residing north of the Vaal River : — A. W. J. Pretorius, Commandant-General. H. S. Lombard, Landdrost. W. F. Joubert, Commandant-General. G. J. Kruger, Commandant. J. N. Grobbelaar, Raadslid. P. E. Schlotz. P. J. Wolmarans, Ouderling. J. A. van Aswegen, Veldcornet. F. J. J. Botes, ditto. N. J. S. Basson, ditto. J. P. Fostenberg, ditto. J. p. Pretorius. J. H. Grobbelaar. J. M. Lehman. P. Schutte. J. C. Kloppers. On the other part. The Assistant Commissioners guarantee in the fullest manner, on the part of the British Government, to the emigrant farmers beyond the Vaal River, the right to manage their own affairs, G3 and to govern themselves according to theii- own laws, without any interference on the part of the British Government ; and that no encroachment shall be made by the said Government on the territory beyond, to the north of the Vaal River ; with the further assurance that the warmest wish of the British Govern- ment is to promote peace, free trade, and friendly intercourse "with the emigrant farmers now inhabiting, or who may hereafter inhabit that country; it being understood that this system of non-interference is binding upon both parties. Slionld any misunderstanding hereinafter arise as to the true meaning of the words " The Vaal River," this question, in so far as regards the line from the source of that river over the Draaken- berg, shall be settled and adjusted by Commissioners chosen by both parties. Her Majesty's Assistant Commissioners hereby disclaim all alliances -whatever and with whomsoever of the coloured nations to the north of the Vaal River. It is agreed that no slavery is or shall be peiToitted or practised in the country to the north of the Vaal River, by the emigrant fai-mers. Mutual facilities and liberty shall be afforded to traders and travellers on both sides of the Vaal River ; it being understood that every wagon containing ammunition and fire-arms, coming from the .south side of the Vaal River, shall produce a certificate signed by a British Magistrate or other functionary duly autho- rised to grant such : and which shall state the quantities of such articles contained in said wagon, to the nearest magistrate north of the Vaal River, who shall act in the case as the regulations of the emigrant farmers direct. It is agreed, that no objection shall be made by any British authority against the emigrant Boers purchasing their supplies of ammunition in any of the British colonies and possessions in South Africa ; it being mutually understood that all trade in ammunition with the native tribes is prohibited both by the British Government and the emigrant farmers, on both sides of the Vaal River. It is agreed, that so far as possible, all criminals and other guilty parties who may fly from justice, either way across the Vaal River, shall be mutually delivered up, if such should be required, and that the British Courts, as well as those of the emigrant farmers, shall be mutually open to each other for all legitimate processes, and that summonses for witnesses sent either way across the Vaal River sball bo backed by the magis- G4 trates on each side of the same rcspeotivelj, to compel the attendance of such witnesses when required. It is agreed, that certificates of marriage issued by the proper authorities of the emigrant farmers, shall be held valid and sufficient to entitle children of such marriages to receive portions accruing to them in any British colony or possession in South Africa. It is agreed, that any and every person now in possession of land and residing in British territory shall have free right and power to sell his said property and remove unmolested across the Vaal River, and vice versa : it being distinctly understood that this arrangement does not comprehend ci-iminals or debtors, without providing for the payment of their just and lawful debts. This done and signed at Sand River aforesaid, this 18th day of January, 1852. (Signed) A. W. J. Puetoriur, Gonimandant-Qeneral. H. S. LoiiBARD, Landclrost. W. F. JOUBERT, C.G. G. J. Krugee, Commandant. W. I. HoGGE, Assistant Commissioner. C. MosTYN Owen, Assistatit Commissioner. J. N. Gkobbelaar, B.L. P. E. SCHOLTZ. p. J. WoLMAEANS, Ouderling. J. A. VAN ASWEGEN, V.C. > F. J. J. Botes. N. J. S. Basson, V. Garnet. J. P. FosTENBERG, Veldcornet. J. P. Feetoeius. J. H. Geobbelaae. J. M. Lehman. P. Schutte. J. C. Kloppers. In presence of — (Signed) John Buknet, Cleric to the Civil Commissioner of Winhurg. (Signed) J. A. ViSAQiE, Secretary. G5 No. II. THE PRETORIA CONVENTION. Her Majesty's Commissioners for the settlement of the Trans- vaal Territory, duly appointed as such by a Commission passed under the Royal Sign Manual and Signet, bearing date the 5tli of April, 1881, do hereby undertake and guarantee on behalf of Her Majesty that from and after the 8th day of August, 1881, complete self-government, subject to the suzerainty of Her Majesty, her Heirs and Successors, will be accorded to the inhabitants of the Transvaal Territory, upon the following terms and conditions, and subject to the following reservations and limitations: — Article 1. — The said Territory, to be hereinafter called tlio Transvaal State, will embrace the land lying between the follow- ing boundaries : — Article 2. — Her Majesty reserves to herself, her Heirs and Successors, (a) the right from time to time to appoint a British Resident in and for the said State, with such duties and func- tions as are hereinafter defined ; (b) the right to move troops through the said State in time of war, or in case of the appre- hension of immediate war between the Suzerain Power and any foreign State, or Native tribe in South Africa ; and (c) the con- trol of the external relations of the said State, including the conclusion of treaties, and the conduct of diplomatic intercourse with Foreign Powers, such intercourse to be carried on through Her Majesty's diplomatic and consular ofiBcera abroad. Article 3. — Until altered by the Volksraad or other com- petent authority, all laws, whether passed before or after the annexation of the Transvaal Territory to Her Majesty's dominions, shal], except in so far as they are consistent with, or repugnant to, the provisions of this Convention, be and remain in force in the said State, in so far as they shall be applicable thereto : Provided that no future enactment specially afiecting the interests of Natives shall have any force or effect in the said State without the consent of Her Majesty, her Heirs and Successors, first had and obtained and signified to the Government of the said State through the British Resident : Provided further, tliat in no case will_the repeal or amendment E 66 of any laws wliich liave been enacted since tlie annexation have a reti'ospective effect so as to invalidate any acts done or liabili- ties incurred by virtue of such laws. Article 4. — On the 8th day of August, 1881, the Govem- luent of the said State, together with all rights and obligations thereto appertaining, and all State property taken over at the time of annexation, save and except munitions of war, will be handed over to Messrs. Stephanus Johannes Padlus Krugee, Maktinus Wessel Pretoeius, and Petrus Jacobus Joubeet, or the survivor or survivors of them, who will forthwith cause a Volksraad to be elected and convened ; and the Volksraad thus elected and convened will decide as to the further administration of the Government of the said State. Article 5. — All sentences passed upon persons who may be convicted of offences contrary to the rules of civilised warfare, committed during the recent hostilities, will be duly carried out, and no alteration or mitigation of such sentences will be made or allowed by the Government of the Transvaal State without Her Majesty's consent, conveyed through the British Resident. In case there shall be any prisoners in any of the gaols of the Transvaal State, whose respective sentences of imprisonment have been remitted in part by Her Majesty's Administrator or other officer administering the Government, such remission will be recognised and acted upon by the future Government of the said State. Article 6. — Her Majesty's Government will make due com- pensation for all losses or damage sustained by reason of such acts as are in the 8th Article hereinafter specified, which may have been committed by Her Majesty's forces during the recent hostilities, except for such losses or damage as may already have been compensated for, and the Government of the Transvaal State will make due compensation for all losses or damage sustained by reason of such acts as are in the 8th Article herein- after specified, which may have been committed by the people who were in arms against Her Majesty during the recent hos- tilities, except for such losses or damages as may have been already compensated for. Article 7. — The decision of all claims for compensation, as 67 in the last preceding article mentioned, will be referred to a Sub- Commission, consisting of the Honourable George Hudson, the Honourable Jacobus Petrns do Wet, and the Honourable John Gilbert Kotze. In case one or more of such Sub-Commissioners shall be unable or unwilling to act, the remaining Sub-Commissioner or Sub- Commissioners will, after consultation with the Government of the Transvaal State, submit for the approval of Her Majesty's High Commissioner, the names of one or more persons to be appointed by him, to fill the place or places thus vacated. The decision of the said Sub-Commissioners, or of a majority of them, will be final. The said Sub-Commissioners will enter upon and perform their duties with all convenient speed. They will, before taking evidence, or ordering evidence to be taken, in respect of any claim, decide whether such claim can be entertained at all uiider the rules laid down in the next succeeding Article. In regard to claims which can be so entertained, the Sub- Commissioners will, in the first instance, afford every facility for an amicable arrangement as to the amount payable in respect of any claim, and only in cases in which there is no reasonable ground for believing that an immediate amicable arrangement can bo arrived at, will they take evidence, or order evidence to be taken. For the purpose of taking evidence and reporting thereon, the Sub-Commissioners may appoint deputies, who will without delay submit records of the evidence and their reports to the Sub- Commissioners. The Sub-Commissioners will arrange their sittings, and the sittings of their deputies, in such a manner as to aSord the greatest convenience to the parties concerned and their witnesses. In no case will costs be allowed on either side, other than the actual and reasonable expenses of witnesses whose evidence is certified by the Sub-Commissioners to have been necessary. Interest will not run on the amount of any claim except as hereinafter provided for. The said Sub-Commissioners will forthwith, after deciding upon any claim, announce their decision to the Government against which the award is made, and to the claimant. Thcamountof remuneration payable to the Sub-Commissioners and their deputies will bo determined Ijy the High Commissioner after all the claims have been decided upon. The British E 2 68 Government and the Government of the Transvaal State -will pay proportionate shares of the said remuneration, and of the expenses of the Sub-Commissioners and their deputies, according to the amounts awarded against them respectively. Article 8. — For the purpose of distinguishing claims to be accepted from those to be rejected the Sub-Commissioners will be guided by the following rules, viz. : — Compensation will be allowed for losses or damage sustained by reason of the following- acts committed during the recent hostilities, viz. : — (») com- mandeering, seizure, confiscation, or destruction of property, or damage done to property ; (b) violence done or threats used by persons in arms. In regard to acts under (a), compensation will be allowed for direct losses only. In regard to acts falling under (&), compensation will be allowed for actual losses of property, or actual injury to the same, proved to have been caused by its enforced abandonment. No claims for indirect losses, except such as are in this Article specially provided for, will bo entertained. No claims which have been' handed into the Secretary of the Royal Commission after the 1st day of July, 1881, will be enter- tained, unless the Sub-Commissioners shall be satisfied that the delay was reasonable. When claims for loss of property are considered, the Sub- Commissioners will require distinct proof of the existence of the property, and that it neither has reverted, nor will revert, to the claimant. Article 9. — The Government of the Transvaal State will pay and satisfy the amount of every claim awarded against it within one month after the Sub-Commissioners shall have notified their decision to the said Government, and in default of such payment the said Government will pay interest at the rate of six per cent, per annum from the date of such default ; but Her Majesty's Government may, at any time before such payment, pay the amount, with interest, if any, to the claimant in satisfaction of his claim, and may add the sum thus paid to any debt which may be clue by the Transvaal State to Her Majesty's Govern- mcut, as hereinafter proviiled for. Article 10. — The Transvaal State will be liable for the balance of the debts for which the South African Republic was liable at the date of annexation, to wit : the sum of 48,000Z. in respect of the Cape Commercial Bank Loan, and 85,667?. in i'espect of the Railway Loan, together with the amount due on the 8th August, 1881, on account of the Orphan Chamber debt, which now stands at 27.-261. 15s., which debts will be a iirst charge upon the revenues of the State. The Transvaal State will moreover be liable for the lawful expenditure law- fully incurred for the necessary expenses of the Province since annexation, to wit : the sum of 2G5,000Z., which debt, together with such debts as may be incurred by virtue of the 9th Article, will be a second charge upon the revenues of the State. Article 11. — The debts due as aforesaid by the Transvaal State to Her Majesty's Government will bear interest at the rate of three and a half per cent., and any portion of such debt as may remain unpaid on the Sth August, 1882, shall be repayable by a payment for interest and sinking fund of six pounds and uinepence per lOOZ. per annum, which will extinguish the debt in 25 years. The said payment of six pounds and uinepence per 100?., shall be payable half-yearly, in British currency, on the 8th rebruarj"- and 8th August in each year. Provided always that the Transvaal State shall pay, in reduc- tion of the said debt the sum of 100,000Z. before the 8th August, 1882, and shall be at liberty at the close of any half-year to pay off the whole or any portion of the outstanding debt. Article 12. — All persons holding property in the said State on the Sth day of August, 1881, will continue to enjoy the rights of property -which they have enjoyed since the annexa- tion. No person who has remained loyal to Her Majesty during the recent hostilities shall suffer any molestation by reason of his loyalty ; or be liable to any criminal prosecution or civil action for any part taken in connection with such hostilities ; and all such persons will have full liberty to reside in the countrj', with enjoyment of all civil rights, and 2)rotec- tion for their persons and property. Article 13. — Natives will bo allowed to acquire land, but the grant or transfer of such land will in every case be made to and registered in the name of the Native Location Commission hereinafter-mentioned, in trust for such Natives. Article 14. — Natives will bo allowed to move as freely within the country as may be consistent with the requirements of public order, and to leave it for the purpose of seeking cm- 70 ployment elsewliere, or for other lawful purposes, subject always to tlie Pass Laws of the said State, as amended by the Legislature of the Province, or as may hereafter be enacted, under the provisions of the 3rd Article of this Convention. Article 15. — The provisions of the 4th Article of the Sand River Convention are hereby re-affirmed, and no slavery or apprenticeship partaking of slavery will be tolerated by the Government of the said State. Article 16. — There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsistent with morality and good order ; and no disability shall attach to any person in regard to rights of property by reason of the religious opinions which he holds. Article 17. — The British Resident will receive from the Government of the Transvaal State such assistance and support as can by law be given to him for the due discharge of his func- tions. He will also receive every assistance for the proper care and preservation of the gi-aves of such of Her Majesty's forces as have died in the Transvaal ; and, if need be, for the expropriation of land for the purpose. Article 18. — The following will be the duties and functions of the British Resident : — (1) He will perform duties and functions analogous to those discharged by a Charge d' Affaires and Consul-General. (2) In regard to Natives within the Transvaal State he will, (a) report to the High Commissioner, as representative of the Suzerain, as to the working and observance of the provisions of this Convention ; (i) report to the Transvaal authorities any eases of ill-treatment of Natives, or attempts to incite Natives to rebellion, that may come to his knowledge ; (c) use his influence with the Natives in favour of law and order ; and (d} generally perform such other duties as are by this Convention entrusted to him, and take such steps for the protection of the persons and property of Natives as are consistent with the laws of the land. (3) In regard to Natives not residing in the Transvaal, (a) he will report to the High Commissioner and the Transvaal Government any encroachments reported to him as having been made by Transvaal residents upon 71 the land of such Natives, and in case of disagreement between the Transvaal Government and the British Resident, as to whether an encroachment had been made, the decision of the Suzerain will be final, {b) The British Resident will be the medium of communi- cation with Native Chiefs outside the Transvaal, and, subject to [the appi-oval of the High Commissioner, as representing the Suzerain, he will control the con- clusion of treaties with them ; and (c) he will arbitrate upon every dispute between Transvaal residents and Natives outside the Transvaal (as to acts committed beyond the boundaries of the Transvaal) which may bo referred to him by the parties interested. (4) In regard to communications with Foreign Powers, the Transvaal Government will correspond with Her Majesty's Government through the British Resident and the High Commissioner. Aeticle 19. — The Government of the Transvaal State will strictly adhere to the boundaries defined iu the first article of this Convention, and will do its utmost to prevent any of its- inhabitants from making any encroachment upon lands beyond the said State. The Royal Commission will forthwith appoint a person who will beacon oS the boundary line between Ramath- labama and the point where such line first touches the Griqua- land West boundary, midway between the Vaal and Hart Rivers. The person so appointed will be instructed to make an ai-raiige- ment between the ownoi's of the farms " Grootfontein " and " Valleifontein " on the one hand and the Baralong authorities on the other, by which a fair share of the water supply of the said farms shall be allowed to flow undisturbed to the said Baralongs. Akticle 20. — All grants or titles issued at any time by the Transvaal Government in respect of land outside the boundary of the Transvaal State, as defined in Article 1, shall be considered invalid and of no effect, except in so far as any such grant or title relates to land that falls within the boundary of the Trans- vaal State ; and all persons holding any such grant so considered invalid and of no effect will receive from the Government of tho Transvaal State such compensation, either in land or in money, as the Volksraad shall determine. In all cases in which any Native Chiefs or other authorities outside the said boundaries 72 have received any inadequate consideration from the Govern- ment of the former South African Republic for land excluded from the Transvaal by the first Article of this Convention, or vrhere permanent improvements have been made on the land, the British Resident will, subject to the approval of the High Commissioner, use his influence to recover from the Native authorities fair compensation for the loss of the land thus ex- cluded, or of the permanent improvements thereon. Aeticle 21. — Forthwith, after the taking effect of this Con- vention, a Native Location Commission will be constituted, con- sisting of the President (or in his absence the Vice-President) of the State, or some one deputed by him, the Resident, or some one deputed by him, and a third person to be agreed upon by the President (or the Vice-President as the case may be) and the Resident; and such Commission will be a standing body for the performance of the duties hereinafter mentioned. Article 22. — The Native Location Commission will reserve to the Native tribes of the State such locations as they may be fairly and equitably entitled to, due regard being had to the actual occupation of such tribes. The Native Location Com- mission will clearly define the boundaries of such locations, and for that purpose will, in every instance, first of all ascertain the wislies of the parties interested in such land. In case land -already granted in individual titles shall be required for the purpose of any location, the owners will receive such compensa- tion, either in other land or in money, as the Volksraad shall determine. After the boundaries of any location have been fixed, no fresh grant of land within such location will be made, nor will the boundaries be altered without the consent of the Location Commission. No fresh grants of land will be made in the districts of Waterberg, Zoutpansberg, and L3'denburg, until the locations in the said districts respectively shall have been defined by the said Commission. Aeticle 23. — If not released before the taking effect of this Convention, Sikukuni, and those of his followers who have been imprisoned with him, will be forthwith released, and the boun- daries of his location will be defined by the Native Location Commission in the manner indicated in the last preceding Article. Aeticle 24. — The independence of the Swazis, within the 73 boundary line of Swaziland, as indicated in the first Article of this Convention, will be fally recognised. Article 25. — No other or higher duties will be imposed on the importation into the Transvaal State of any article, the produce or manufacture of the dominions and possessions of Her Majesty, from whatever place arriving, than are or may be payable on the like article, the produce or manufacture of any other country, nor will any prohibition be maintained or im- posed on the importation of any article, the produce or manu- facture of the dominions and possessions of Her Majesty, which shall not equally extend to the importation of the like articles, being the produce or manufacture of any other country. Article 26. — All persons other than Natives conforming themselves to the laws of the Transvaal State (a) will have full liberty, with their families, to enter, travel, or reside in any part of the Transvaal State ; (6) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and premises ; (c) they may carry on their commerce either in person or by any agents whom they may think fit to emply ; (d) they will not be subject, in respect to their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon Transvaal citizens. Article 27. — All inhabitants of the Transvaal shall have free access to the Courts of Justice for the prosecution and defence of their rights. Article 28. — All persons, other than Natives, who established their domicile in the Transvaal between the 12th day of April, 1877, and the date when this Convention comes into effect, and who shall within 12 months after such last-mentioned date have their names registered by the British Resident, shall be exempt from all compulsory military service whatever. The Resident shall notify such registration to the- Government of the Trans- vaal State. Article 29. — Provision shall hereafter be made by a separate instrument for the mutual extradition of criminals, and also for the surrender of deserters from Her Majesty's forces. Article 30. — All debts contracted since the annexation will be payable in the same currency in which they may have been contracted. .7.4 All uncancelled postage and other revenue stamps issued by (he Grovernment since the annexation will remain valid, and wiU he accepted at their present value by the future Government of the State. All licenses duly issued since the annexation will remain in force during the period for which they may have been issued. Aeticle 31. — Ko grants of land which, may have been made, and no transfers or mortgages which may have been passed, since the date of annexation, will be invalidated by reason merely of their having been made or passed after such date. All transfers to the British Secretary for Native Affairs in trust for Natives will remain in force, the Native Location Commission taking the place of such Secretary for Native Affairs. Aeticle 32. — This Convention will be ratified by a newly- elected Volksraad within the period of three months after its execution, and in default of such ratification this Convention shall be null and void. Aeticle 33. — Foi-thwith after the ratification of this Con- vention, as in the last preceding Article mentioned, all British troops in Transvaal territory will leave the same, and the mutual delivery of munitions of war will be carried oat. Signed at Pretoria, this 3rd day of August, 1881. HERCULES ROBINSON, ^ , . President and High Commissioner, j o S EVELYN WOOD, Major- General, ;. H J Officer Administering the Government. I ^.2 J. H. deViLLIERS. j P^ ^ We, the undersigned, Stephanus Johannes Paulas Kiuger, Martinus Wessel Pretorius, and Petrus Jacobus Joubert, as representatives of the Transvaal Burghers, do hereby agree to all the above conditions, reservations, and limitations, under which self-government has been restored to the inhabitants of the Transvaal territory, subject to the suzerainty of Her Majesty, her Heirs and Successors, and we agree to accept the Government of the said territory, with all rights and obligations thereto appertaining, on the 8th day of August, 1881, and we 7o promise and undertake that this Convention shall be ratified by a newly-elected Volksraad of the Transvaal State within three months from this date. Signed at Pretoria, this 3rd day of August, 1881. S. J. P. KRUGER. M. W. PRETORIUS. P. J. JOUBERT. No. III. RESOLUTION" OF VOLKSRAAD, PROVISIONALLY RATIFYING THE PRETORIA CONVENTION. The Volksraad, in its sitting on this, the 25th October, pro- ceeds to close all further discussions on the Convention between the Members of the Royal Commissioners as representatives of Her Majesty the Queen of England, and the members of the Triumvirate as representing the Government of the people of the South African Republic, signed on the 3rd August, 1881. Rightly did His Honour the Vice-President, on the opening of the Volksraad, declare, " We cannot flatter ourselves with the hope that the Convention will satisfy you in its various pro- visions : it has not satisfied ourselves ; but we venture to give you this assurance that we signed it with the conviction that under the circumstances sincere love for our fatherland and solicitude for the welfare of South Africa demanded from us not to withhold our signatures from the Convention. Wc pub- lish in our Staats Gourant verbally as far as possible everything that has been altered and that has happened between the Mem- bers of the Royal Commission and the Hon. Triumvirate and Members of the Transvaal Commission, from which you will sec that we left nothing untried on our side to obtain those modifi- cations in the Convention which appeared desirable to us. We are, however, convinced that many, if not all, the remarks ad- vanced by us will appear later on to have been well founded, and that the British Government itself will have to propose modifi- cation and changes in the Convention." The Volksraad is not satisfied with the Convention, and con. siders that the members of the Triumvirate performed an onerous 76 deed of patriotism -wlien they undertook tbe responsibility of signing so unsatisfactory a State document. The Volksraad sees that it is forced by the same motives to ratify, which compelled the Triumvirate to sign. These motives it dares to publish to the whole world without any reservation. They may be stated in two words : fear of renewed bloodshed between two races who are called to bear with and esteem each other, and fear of renewed dissension betvpeeu the chief representatives of the white races in South Africa, which undermines the common welfare of all the States and Colonies in South Africa. The Volksraad desire again to show an example of endurance and patience. Since 18.34 the pioneers of the emigrant farmers have always exer- cised patience ; and, notwithstanding the occurrences in Natal and Boomplaats, they gave a peaceable settlement the prefer- ence to one that might cause bloodshed. Thirty years ago the great blessing of such a peace-loving policy was shown by the representatives of the English Government with the represen- tatives of our emigrant farmers, having in 1852 at Sand River signed a Convention which terminated the embarrassment and became the basis of our liberty and independence. When, in. April, 1877, by the direful annexation the Convention was vio- lated, they pursued the same policy : they did not avail them- selves of their right to resist by force, and only in 1880, after every other means had been exhausted, did they have recourse to arms. Even then the war was prosecuted defensively. In discussing the terms of peace the right of the people to complete self-government was acknowledged, while to the Suzerain was alone conceded the right of supervising foreign relations. Nothing was said of the debts ; the compensation for losses during the war was limited to losses suffered in matters not justified by the necessities of war. In the Convention this is almost entirely overlooked, and the representatives of the people were compelled to accept conditions which placed a heavy burden on the people. The Volksraad has in its deliberations commented upon the chief points in which the Transviial Com- mission opposed the Royal Commission. It is undeniable that the people, by their representatives at the peace negotiations, agreed to something far different. The people had a right to expect they would not receive less than was agreed to with their representatives. The Volksraad therefore commissioned the Government to communicate its objections to the English Government, and state that the Volksraad desired the followinff alterations : — A. Instead of direction of foreign relations, super- vision thereof. B. No interference with tlie legislature of the country. C. The Resident to be representative of Suzerain no more. T). The territory taken east and west to be compensated for by England, which, country takes the lands to dispose of at her discretion. E. The debts of the country only to be paid by us if duly and lawfully proved to exist, and for lawful and necessary expenditure of the country. Compensation for damages sustained in the war to be paid ouly for losses not justified by the necessities of war. From the English Government an answer was received that, as to the main point, proves the Volksraad to be correct ; it was as follows : — " The Convention having being signed by the leaders who entered into the Peace Treaty, and they having undertaken that the Convention should be ratified within three months, Her Majesty's Government cannot consider any propositions to amend the Convention before the same has been ratified and its practical working has been properly tested." The English Government practically acknowledges by this answer that the objections of the Volksraad are not merely idle or imaginary ones. It, however, deserves a concession from us, that we, the Volksraad, shall submit to a practical test. When the Volksraad again intimated that it was not satisfied with this answer, because in any case it could not be applied to the monetary question, inasmuch as this could not be the subject of a practical test, the last answer of the British Government was that it was not disposed to make any further concessions. The answer was, " The Volksraad resolution having been forwarded to Earl Kimbcrley, I have received instructions to authorise you to repeat to the Triumvirate that Her Majesty's Government cannot entertain any proposition for the amendment of the Convention before it has been ratified, and the necessity for further concession has been proved by ex- perience." This answer is clear, and leaves no reason to doubt. In consequence, therefore, the Volksraad resolves, as it hereby does, not further to di.scuss the Convention, as nil objections were represented at the sitting of the Royal Commission, or were summarised by the Volksraad, and to prove to each and every one that they are animated by a love of peace and unanimity, and provisionally submitting the Articles of the Convention to a practical test, hereby complies with the request of the English Government of the 18th October, 1881, and now proceed to ratify this Convention, signed, as hereinbefore mentioned, on 3rd 78 August, 1881. In effecting which the members of the Volksraad severally sign the resolution, and commission the Chairman and Secretary, in the name of the Volksraad, to notify this ratifica- tion ; and, lastly, to request the Government to notify this rati- fication, and to communicate this Volksraad's resolution, in its entirety, to all friendly Governments. BABBISON AND SONS, PlIINTERS IN ORDINARY TO HER MAJE&TT, ST. MARTIN'S LANE. m %^/